This bill amends existing law regarding the emergency breaching of dams or diversion systems in Wyoming. It requires the state engineer to hold public meetings, provide notice, and allow for a vote from water rights holders before executing an emergency order to breach a dam or diversion, unless there is an immediate danger that necessitates action within ten days. The bill specifies that the state engineer must explore alternatives to breaching, hold at least two public meetings to discuss the proposed breach and its alternatives, and contact affected water rights holders by certified mail. Additionally, it mandates that the owner of the reservoir or diversion conduct a meeting for water rights holders to vote on the proposed breach action, with votes weighted according to the size of their water rights.

The bill also includes provisions for the state engineer to assess various impacts related to the breach, including risks of failure, flooding, economic and environmental impacts, and liability issues. It establishes that the majority vote from the water rights holders will determine the course of action, unless the chosen alternative becomes unfeasible, in which case a new vote will be held. The act applies to all breach orders issued after its effective date and requires the state engineer to create any necessary rules for implementation.

Statutes affected:
25LSO-0402 v0.10: 41-3-314