This 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 that timeframe. Additionally, the bill introduces a new provision that allows courts to award reasonable attorney fees to the party who substantially prevails in any action to enforce or challenge 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 legislative change aims to provide clearer guidelines for the establishment of prescriptive easements and to ensure that parties involved in related legal actions have the potential to recover attorney fees, thereby promoting fairness in legal proceedings concerning water conveyance rights.

Statutes affected:
26LSO-0182 v0.4: 34-1-158