2025 25LSO-0099
STATE OF WYOMING Working Draft
0.6
DRAFT ONLY
NOT APPROVED FOR
INTRODUCTION
HOUSE BILL NO. [BILL NUMBER]
Temporary water use agreements amendments.
Sponsored by: Joint Agriculture, State and Public Lands &
Water Resources Interim Committee
A BILL
for
1 AN ACT relating to water; extending the number of years for
2 which temporary water rights may be granted; providing
3 exceptions; amending and protecting the rights of owners of
4 permanent water rights; and providing for an effective
5 date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 41-3-110(a) and 41-3-111 are amended
10 to read:
11
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1 41-3-110. Right to acquire temporary water rights;
2 application; restrictions; fee.
3
4 (a) Any person shall have the right to acquire by
5 purchase, gift or lease the right to the use of water which
6 may be embraced in any adjudicated or valid unadjudicated
7 water right, or any portion thereof, for a period of not to
8 exceed two (2) five (5) years, for highway construction or
9 repair, railroad roadbed construction or repair, drilling
10 and producing operations, or other temporary purposes, on
11 its own behalf or on behalf of its agents, employees or
12 contractors: provided, that if the proposed use is to be
13 for public highway construction or repair under a contract
14 with the state department of transportation, only the state
15 transportation commission shall have the authority to
16 acquire the water; and the state transportation commission
17 shall have the sole and continuing responsibility for the
18 acquisition, including the payment of all fees, royalties
19 and other consideration for the use of and access to water
20 and the right to acquire the rights to use shall not be
21 delegated to a construction contractor or other third
22 party; and further provided, that any temporary transfer
23 shall be allowed only if no other appropriator is injured
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1 thereby temporary beneficial purposes, excluding the
2 beneficial use of instream flows identified in W.S.
3 41-3-1001. The state engineer shall not approve a temporary
4 transfer if it injuriously affects the water rights of
5 other appropriators. Prior to the expiration of a temporary
6 transfer, and upon the applicant's request, the state
7 engineer may, in his discretion, renew temporary transfers
8 for successive periods, with no successive period to exceed
9 five (5) years. The total length of any temporary transfer
10 including any extensions under this subsection shall not
11 exceed ten (10) years and shall be for the same purpose and
12 at the same place of use as the previously granted
13 temporary transfer.
14
15 41-3-111. Right to acquire temporary water rights;
16 right of owner who cannot satisfy in full his right during
17 time of diversion.
18
19 (a) The owner of any permanent water right, whether
20 prior or subsequent that is senior in priority to that a
21 temporary right acquired by any person under this act who
22 cannot satisfy in full his the senior right in full during
23 the time said temporary user is diverting water under its
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1 temporary water right shall have the absolute right upon
2 demand being made upon the appropriate state water
3 commissioner to cause such diversion to be shut off until
4 such time as said owner's water right is satisfied, or
5 until it is proven that the shutting down of the diversion
6 has no effect upon owner's right.
7
8 (b) The owner of any permanent water right that is
9 junior in priority to a temporary water right acquired by
10 any person under this act whose junior right is injured by
11 a temporary user diverting under its temporary water right
12 may request in writing that the appropriate state water
13 commissioner cause such temporary diversion to be shut off.
14 The water commissioner shall not shut off diversion under
15 the temporary right if it is not injuring the junior right.
16
17 Section 2. This act is effective July 1, 2025.
18
19 (END)
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Statutes affected:
25LSO-0099 v0.6: 41-3-110, 41-3-111