Bill
SF 43
Extends temporary water transfers to up to 5-year periods (max 10 years total) and requires resuming at least 50% of original irrigation use before new temporary transfers.
Status & key dates
- Introduced: January 15, 2025.
- Enrolled as SEA No. 0071, Chapter No. 134.
- Governor signed; effective date: July 1, 2025.
- Sponsor: Joint Agriculture, State & Public Lands & Water Resources Interim Committee (primary sponsor listed: Petersen).
- Fiscal note (LSO): no significant fiscal or personnel impact.
Purpose
- To modify Wyoming law governing temporary transfers/uses of water rights by lengthening allowable terms and adding a post-transfer use requirement for irrigation water rights, while preserving protections for other appropriators and limiting delegation for state highway projects.
Key provisions and changes
- Amends W.S. 41-3-110(a):
- Extends the maximum length of any single temporary acquisition/use from 2 years to 5 years (per successive period).
- Authorizes the State Engineer, upon applicant request, to renew temporary transfers for successive periods, with no single successive period to exceed 5 years.
- Caps the total duration of any temporary transfer (including extensions/repeat grants for the same purpose and place of use) at 10 years.
- Reaffirms that the State Engineer shall not approve a temporary transfer that injuriously affects the water rights of other appropriators.
- For temporary uses tied to public highway construction or repair under a contract with WYDOT, only the State Transportation Commission may acquire the water and it may not delegate that acquisition to a contractor or third party; the commission is responsible for payment of fees/royalties/consideration.
Who is affected
- Owners of permanent water rights (senior and junior) — rights and protections retained (e.g., protection against injury; state water commissioners’ enforcement powers remain relevant).
- Temporary users: contractors, utilities, railroads, drilling/producing operators, and entities seeking short-term water use.
- State Engineer’s Office (review/renewal authority) and State Transportation Commission (exclusive acquisition authority for WYDOT highway projects).
- Irrigators whose rights have been temporarily transferred — subject to the 50% post-transfer use requirement.
Procedural notes & amendments
- The bill went through multiple Senate and House amendments. A proposed exception for instream flow uses was considered in the House but removed in the final enrolled version. A conference committee adopted the House amendment requiring the 50% post-transfer irrigation-use period and deleted the instream-flow exception.
- Final enactment: effective July 1, 2025.
Implications
- Provides more flexibility for longer-term temporary water transfers (up to successive 5‑year periods), but limits cumulative temporary use to 10 years and requires a meaningful resumption of original irrigation use (50% of prior temp period) before further transfers — balancing temporary reallocation flexibility with protection of long‑term water uses and water rights priorities.
Compiled from official sources — confirm details with the bill’s official record.
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