Prescriptive easement for water conveyance-attorney fees.

Plain English Breakdown

The candidate explanation includes details that are not explicitly stated in the provided official bill text and summary.

Law About Water Rights and Legal Fees

This bill allows winning parties in water conveyance prescriptive easement cases to receive attorney fees and expert witness costs, clarifies the ten-year requirement for establishing a prescriptive easement, and sets applicability from July 1, 2026.

What This Bill Does

• Allows courts to award reasonable attorney fees and expert witness fees to parties who substantially prevail in actions related to water conveyance prescriptive easements.
• Clarifies that a prescriptive easement for water conveyance can be established if the use has been continuous and under claim of right for at least ten years.

Who It Names or Affects

• People involved in disputes over water conveyance prescriptive easements.
• Courts handling cases related to water conveyance prescriptive easements.
• Lawyers and expert witnesses in such legal proceedings.

Terms To Know

Prescriptive easement

A legal right to use someone else's property, established by continuous and open use for a certain period of time without the owner's permission.

Water conveyance

The process or system used to transport water from one place to another.

Limits and Unknowns

• This bill did not pass and was not signed into law.
• It would apply only to cases filed on or after July 1, 2026, if it were enacted.

Current Bill Text

26LSO-0182
2026
STATE OF WYOMING
26LSO-0182
Numbered
2.0

HOUSE BILL NO. HB0079

Prescriptive easement for water conveyance-attorney fees.

Sponsored by: Select Water Committee

A BILL

for

AN ACT relating to property; authorizing attorney fees and expert witness fees for actions related to prescriptive easements as specified; clarifying the time period for a prescriptive easement; specifying applicability; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 34
‑
1
‑
158(a)(intro) and by creating a new subsection (g) is amended to read:

34
‑
1
‑
158.

Prescriptive easement for water conveyance.

(a)

A prescriptive easement for a water conveyance may be established if a water user has used and maintained a water conveyance under a claim of right for a period of
not less than
ten (10) years during which the use has been:

(g)

In any action to enforce a prescriptive easement established under this section or to challenge the existence or exercise of a prescriptive easement asserted under this section, the court may award reasonable attorney fees and expert witness fees to the party who substantially prevailed in the action.

Section 2
.

This act shall apply to any action brought on or after July 1, 2026.

Section 3
.

This act is effective July 1, 2026
.

(END)

1
HB0079