This bill amends existing laws regarding the abandonment of water rights in Wyoming, specifically addressing the conditions under which water rights may be forfeited due to nonuse. It stipulates that if a holder of an appropriation fails to use the water for beneficial purposes for five consecutive years, they are considered to have abandoned their water rights. However, the bill introduces provisions allowing holders of certain water appropriations, including those for reservoirs and lawful dams, to apply for an extension of time—up to five years—to reactivate their water use. The application must demonstrate due diligence and reasonable cause for nonuse, which can include delays from legal proceedings or project development.

Additionally, the bill outlines the process for the state engineer to initiate forfeiture proceedings against appropriators who have not used their water rights for five years. It clarifies that the absence of water to divert during an irrigation season will not count against the five-year period of nonuse. The bill also mandates the state engineer to create necessary rules for implementation and sets an effective date of July 1, 2025, for most provisions, with certain sections taking effect immediately upon the bill's passage.

Statutes affected:
25LSO-0527 v0.4: 41-3-401, 41-3-402