The proposed bill amends existing law regarding prescriptive easements for water conveyance in Wyoming. It clarifies that a prescriptive easement can be established if a water user has used and maintained a water conveyance under a claim of right for a period of
not less than ten years, allowing for the possibility of use extending beyond this minimum timeframe. Additionally, the bill introduces a new provision that allows courts to award reasonable attorney fees to the party that substantially prevails in any action related to enforcing or challenging a prescriptive easement established under this section.
The bill specifies that it will apply to any actions brought on or after July 1, 2026, and it will take effect on the same date. This legislation aims to provide clearer guidelines for the establishment and enforcement of prescriptive easements, as well as to ensure that parties involved in related legal actions have the potential to recover attorney fees.
Statutes affected: 26LSO-0182 v0.4: 34-1-158