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LC 2567

Clarify water right abandonment

2025 Regular Session

Clarifies what counts as water-right abandonment, defines non-use thresholds and agency procedures, and guides rights holders, registries, and regulators.

(LC) Draft Delivered to Requester
#property #rulemaking #water
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Bill Summary · LC 2567

Summary: LC 2567 – Clarify water right abandonment

Note: This summary reflects the information provided and the bill’s title. The actual draft text is not included here, so some specifics of provisions are not yet available. The timeline and status details below are drawn from the public action history.

Overview

  • Bill Number: LC 2567
  • Title: Clarify water right abandonment
  • Status: (LC) Draft Delivered to Requester (Draft stage; Legislative Counsel draft)
  • Introduced: December 8, 2024
  • Classification/Subject: Bill; PROPERTY, Rule Making, WATER

Purpose and intent (as implied by the title)

  • The bill aims to clarify what constitutes abandonment of a water right.
  • Likely objectives include providing clearer definitions and standards to determine when a water right is considered abandoned, and guiding how abandonment is identified, documented, and potentially acted upon by authorities.

Note: The exact statutory language and precise provisions are not provided in the available summary. The following sections outline potential areas the draft commonly addresses, based on typical water-right abandonment reform efforts.

Potential Key Provisions (area of focus, subject to the actual draft)

  • Definitions related to “abandonment” of water rights (e.g., required periods of non-use, permissible interruptions, and what constitutes beneficial use).
  • Thresholds or criteria for determining abandonment (e.g., number of years of non-use, non-payment of fees, or failure to meet permitting or licensing conditions).
  • Procedures for determining abandonment (agency processes, notice requirements, opportunity to cure or contest, and appeals).
  • Implications for records and enforcement (updates to registries, notices to holders, and remedies).
  • Protections or exceptions (possible carve-outs for lawful remises, emergencies, ongoing judicial actions, or other valid reasons for non-use).

Affected parties and stakeholders

  • Water right holders (individuals, irrigation districts, municipalities, and other entities) who may be assessed as abandoning rights under clarified criteria.
  • State and local water resource agencies (administrative and regulatory bodies responsible for recognizing, recording, or revoking water rights).
  • Landowners and groundwater/surface water users impacted by changes in water-right status.
  • Public interests related to water management, environmental protections, and planning.

Procedural and timeline aspects

  • Draft development timeline (highlights):
    • 2024-12-08: Drafter Assigned; Draft On Hold
    • 2025-02-01 to 2025-02-14: Various internal drafting stages (Taken Off Hold, Legal Review, Edit, Input/Proofing)
    • 2025-02-16: Draft in Assembly
    • 2025-02-17 to 2025-02-18: Draft Ready for Delivery / Draft Delivered to Requester
  • The draft is currently circulating within the Legislative Counsel and moving toward assembly consideration as of mid-February 2025.

Potential impacts and considerations

  • Clarifying abandonment could affect the security and predictability of water rights, aiding agencies in managing resources and reducing disputed or dormant rights.
  • Clear criteria may reduce ambiguity for rights owners but could also raise transition questions for rights currently in dispute or with deferred use.
  • Any new process would need to balance due process with efficient administration, and consider exceptions for legitimate non-use (e.g., drought, legal challenges, or conservation programs).

Next steps for readers

  • Monitor for the full draft text to understand exact definitions, thresholds, procedures, and any exemptions.
  • Track committee hearings and amendments as the bill advances through the Assembly and, potentially, the Senate.
  • Stakeholders with interest in water rights should prepare comments on definitions of abandonment, notice and appeal rights, and potential transitional provisions.

If you’d like, I can update this summary with specific provisions as soon as the official draft text is available.

Compiled from official sources — confirm details with the bill’s official record.

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