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Bill > HB0105


WY HB0105

WY HB0105
Breach orders due process.


summary

Introduced
In Committee
Crossed Over
Passed
Dead
02/03/2025

Introduced Session

2025 General Session

Bill Summary

AN ACT relating to water; requiring the state engineer to hold a public meeting, seek alternatives and provide notice before executing an emergency order to breach a dam or diversion; providing an exception; requiring rulemaking; specifying applicability; and providing for an effective date.

AI Summary

This bill modifies Wyoming state law regarding emergency dam or diversion system breaching by the state engineer, establishing new procedural requirements to ensure due process and community engagement. Currently, the state engineer can immediately order repairs or breaching of a dam or diversion system in emergencies to protect life and property. The new provisions require that unless there is an immediate danger necessitating a breach within 10 days, the state engineer must first: determine if alternative solutions exist, hold at least one public meeting in the affected area to receive public input, notify affected parties about potential liability from the breach, and contact water rights holders and landowners with water storage rights to inform them about the proposed breach. The bill applies to all dam or diversion breach orders issued after its effective date, and it requires the state engineer to create rules to implement these new procedures. The goal appears to be providing more transparency and opportunity for stakeholder input before critical infrastructure is altered or destroyed, while still maintaining the ability to act quickly in truly urgent situations that directly threaten human life or property.

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Select Water (Other)

Last Action

Did not Consider for Introduction (on 02/03/2025)

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