SF0080

Amends Wyoming water rights abandonment law to clarify conditions under which water rights may be forfeited for non-use and extends protections for reservoir and dam projects.

• Maintains the five-year successive non-use standard for abandonment of water rights but clarifies that holders of reservoir appropriations and lawful dam or diversion systems may apply for extensions of time not to exceed five years if water has not yet been beneficially used or if water becomes unused due to necessary repairs or replacement. (W.S. 41-3-401(a), Sec. 1)
• Specifies that demonstration of due diligence toward utilization and reasonable cause for non-use are required for extension applications, and provides examples of reasonable cause including court or administrative delays, planning and construction time, and compliance with state and federal requirements. (W.S. 41-3-401(a), Sec. 1)
• Allows holders of water appropriations to apply for multiple successive extensions of time, each not to exceed five years, upon similar application and showing. (W.S. 41-3-401(a), Sec. 1)
• Provides that the granting of an extension of time prevents the commencement of abandonment actions against the appropriation during the extension period. (W.S. 41-3-401(a), Sec. 1)
• Clarifies that the state engineer's authority to initiate forfeiture proceedings does not apply to any reservoir, lawful dam, or diversion system for which an extension has been granted under the extension provisions. (W.S. 41-3-402(a), Sec. 1)
• Requires the state engineer to promulgate any rules necessary to implement the act. (Sec. 2)

Effective: July 1, 2025

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