SF0118

Requires legislative approval before eminent domain can be used for water projects utilizing state funds from designated water development accounts.

• Creates a new requirement that the legislature must specify whether eminent domain may be used when appropriating funds for water projects from water development accounts I through III, and only after receiving a recommendation from the water development commission. (W.S. 41-2-124(m), Sec. 1)
• If eminent domain is determined to be necessary after an appropriation is made, the project sponsor and water development commission must notify the legislature, and appropriated funds cannot be expended unless the legislature authorizes eminent domain use through subsequent legislation. (W.S. 41-2-124(m), Sec. 1)
• Makes the legislative approval requirement for eminent domain applicable to water companies, incorporated cities and towns seeking to acquire property for waterworks construction and operation. (W.S. 1-26-802, W.S. 1-26-803, Sec. 1)
• Applies the legislative approval requirement to cities and towns establishing, constructing, purchasing, extending, and maintaining water systems and acquiring necessary property through condemnation. (W.S. 15-7-101(a)(ii) and (iii)(A), Sec. 1)
• Applies the legislative approval requirement to sanitary and improvement districts acquiring property by condemnation for corporate purposes. (W.S. 35-3-110, Sec. 1)
• Applies the legislative approval requirement to irrigation districts, water conservancy districts, watershed improvement districts, and drainage districts exercising eminent domain powers. (W.S. 41-3-742(a)(iii), W.S. 41-8-113(a)(iii), W.S. 41-9-202, W.S. 41-10-113(a)(xix), Sec. 1)
• Applies the legislative approval requirement to water right condemnation for preferred uses and municipal water purposes. (W.S. 41-3-102(a), W.S. 41-3-906, W.S. 41-3-1013, Sec. 1)
• Exempts the United States from the legislative approval requirement when acquiring land for national defense, Boysen Dam, and United States reclamation service projects. (W.S. 36-10-101, Sec. 1)