WeVote
Log In

Bill

Bill

HB 79

Prescriptive easement for water conveyance-attorney fees.

2026 Regular Session

Wyoming bill clarifies attorney fee recovery rights in prescriptive easement disputes over water conveyance to reduce litigation costs in water rights cases.

H Received for Introduction
0
WeVote Research Nonpartisan
Bill Summary · HB 79

Legislative bill overview

HB 79 addresses the recovery of attorney fees in cases involving prescriptive easements for water conveyance in Wyoming. The bill modifies existing law to clarify or expand when parties can recover legal costs in disputes over water rights obtained through long-term use. This relates to the legal doctrine of prescriptive easements, where someone gains the right to use another's land (including for water conveyance) through continuous, open use over a statutory period.

Why is this important

Water rights are economically and socially critical in Wyoming, a semi-arid state where agriculture and development depend on reliable water access. Prescriptive easement disputes can be extremely costly to litigate, and clarifying attorney fee recovery rules affects whether smaller property owners or water users can afford to defend their rights in court. This bill's outcome could shift the cost burden and influence settlement patterns in water disputes.

Potential points of contention

  • Cost-shifting effects: Expanding attorney fee recovery may discourage lawsuits by making the financial risk higher, or conversely, may encourage litigation if fees are awarded to prevailing parties
  • Definition and scope: The bill's language on what qualifies as a "prescriptive easement for water conveyance" could create disputes about which water rights disputes fall under its provisions
  • Agricultural vs. development interests: Different stakeholder groups (established farmers relying on prescriptive use, property owners, developers) may have conflicting interests in how fees are allocated

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

Sign in to ask a question.