HB0105

Requires the state engineer to hold public meetings, evaluate alternatives, and provide notice before executing emergency orders to breach dams or diversions, except when immediate danger requires action within ten days.

• Exempts breach orders from due process requirements when immediate danger necessitates breaching within less than ten days. (W.S. 41-3-314(d), Sec. 1)
• Requires the state engineer to determine whether alternatives to breaching exist before executing a breach order. (W.S. 41-3-314(d)(i))
• Mandates the state engineer hold at least one public meeting in the affected area (not an irrigation district meeting) for public comment, which may occur after the breach order is issued. (W.S. 41-3-314(d)(ii))
• Requires notification to affected parties regarding potential liability for damages or unforeseen circumstances resulting from the breach order. (W.S. 41-3-314(d)(iii))
• Requires the state engineer to contact each water rights holder and landowner with water storage rights, providing information about the proposed breach and public meeting. (W.S. 41-3-314(d)(iv))
• Directs the state engineer to promulgate rules necessary to implement the breach order due process requirements. (Sec. 3)
• Applies the new due process requirements to all breach orders issued on or after the effective date. (Sec. 2)

Effective: Immediately upon completion of all acts necessary for a bill to become law

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