SF0043

Extends the maximum duration for temporary water rights in Wyoming from two to five years, with restrictions on total renewal periods, and clarifies the rights of permanent water right holders to protect their interests.

• Increases the maximum initial period for acquiring temporary water rights from two years to five years for purposes such as highway construction, railroad construction, drilling operations, and other temporary purposes. (W.S. 41-3-110(a), Sec. 1)
• Allows the state engineer to renew temporary water transfers for successive periods, with each successive period not to exceed five years, and establishes a maximum aggregate limit of ten years for all temporary transfers for the same purpose and place of use. (W.S. 41-3-110(a), Sec. 1)
• Requires state engineer approval of temporary transfers to be withheld if the transfer would injuriously affect the water rights of other appropriators or instream flow beneficial uses. (W.S. 41-3-110(a), Sec. 1)
• Preserves the absolute right of senior permanent water right holders to demand that temporary water diversions be shut off until their senior rights are fully satisfied or it is proven the shutdown has no effect on their rights. (W.S. 41-3-111(a), Sec. 1)
• Allows junior permanent water right holders to request in writing that the state water commissioner shut off temporary diversions that are injuring their junior rights, with the commissioner prohibited from shutting off the diversion unless injury is occurring. (W.S. 41-3-111(b), Sec. 1)

Effective: July 1, 2025

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