The 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 introduces provisions that allow holders of water appropriations, including those with lawful dams or diversion systems, to apply for an extension of time—up to five years—to utilize their water rights if they can demonstrate due diligence and reasonable cause for nonuse. This includes situations where repairs or replacements are necessary, as well as delays caused by legal or regulatory requirements. The bill also stipulates that the granting of such extensions will prevent abandonment actions during the extension period.

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 consecutive years. It clarifies that the absence of water to divert during an irrigation season will not count against the five-year nonuse period. The state engineer is tasked with creating any necessary rules to implement these changes. The act is set to take effect on July 1, 2025, with certain sections becoming effective immediately upon the completion of legislative processes.

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