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 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 rights. However, the bill introduces provisions allowing holders of appropriations for reservoir water or owners of lawful dams and diversion systems to apply for an extension of time, not exceeding five years, to use or reactivate the use of their water. This extension can be granted if the holder demonstrates due diligence and reasonable cause for nonuse, which may include delays due to 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 consecutive 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 specifies that the provisions do not apply to reservoirs or diversion systems that have been granted an extension. Furthermore, the state engineer is tasked with creating any necessary rules to implement the act, which will take effect immediately upon its passage.

Statutes affected:
Introduced: 41-3-401, 41-3-402
Engrossed: 41-3-401, 41-3-402
Enrolled: 41-3-401, 41-3-402