|
S.F.
No. 0028 |
Water
rights-penalties. |
Sponsored By: Senator(s) Geis
AN
ACT relating to water rights; amending the penalties for violating water laws as
specified; and providing for an effective date.
12/16/2004 Bill Number Assigned
1/10/2005 S Received for Introduction
1/11/2005 S Introduced and Referred to S05
1/21/2005 S05 Recommended Amend and Do Pass
ROLL CALL
Ayes:
Senator(s) Geis, Johnson, Meier and Vasey
Excused:
Senator(s) Northrup
Ayes 4 Nays 0 Excused
1 Absent 0 Conflicts 0
1/21/2005 S Placed on General File
SF0028SS001/ADOPTED
Page 1-line 13 Delete "41‑3‑318,";
delete "41‑3‑937,".
Page 1-line 14 After "41‑4‑501,"
insert "41‑4‑504,"; after "41‑5‑110"
insert "after receipt of a written notice of violation from the state
engineer's office or the board of control".
Page 1-line 17 After
"sections" insert "after receipt of a written notice of
violation from the state engineer's office or the board of control".
Page 2-line 6 After
"with" delete "an" insert "a written".
Page 2-line 8 Delete "41‑3‑937,".
Page 3-line 9 Delete "41‑3‑318,".
Page 3-line 19 After "41‑4‑501,"
insert "41‑4‑504,".
Page 6-line 2 Delete "." insert "with
the exception that the owner of any unpermitted reservoir with a capacity of
twenty (20) acre-feet or less and a dam height of twenty (20) feet or less
shall have forty-five (45) days after receipt of the written notice of
violation pursuant to W.S. 41‑3‑616(a), to submit an application
for a permit. The application shall
meet the requirements of the state engineer's office. Each day of the forty-five (45) days shall not be counted as a
separate violation if the application for a reservoir permit is received during
this forty-five (45) day period.".
Page 11-line 12 After "heard"
insert ","; strike "by".
Page 11-line 13 Strike "such
holder,".
Page 13-after line 10 Insert:
41-4-504. Endorsement by state engineer; return to
applicant; effect of approval or rejection.
The refusal or approval of an application shall be endorsed
thereon and a record made of such endorsement in the state engineer's office.
The application so endorsed shall be returned to the applicant. If approved,
the applicant shall be authorized, on receipt thereof, to proceed with the
construction of the necessary works, and to take all steps required to apply
the water to a beneficial use, and to perfect the proposed appropriation. If
the application is refused, the applicant shall take no steps toward the
prosecution of the proposed work, or the diversion and use of the public water
so long as such refusal shall continue in force. Any violation of this section, unless
exempt under W.S. 41‑3‑301, shall be punishable pursuant to W.S. 41‑3‑616(a).".
Page 16-line 2 Delete
"immediately upon" insert "July 1, 2005.".
Page 16-lines 3 through 5 Delete. GEIS, CHAIRMAN
1/25/2005 S Passed CoW
1/26/2005 S Passed 2nd Reading
1/27/2005 S Passed 3rd Reading
ROLL CALL
Ayes: Senator(s) Anderson, J., Aullman, Barrasso,
Boggs, Burns, Case, Coe, Cooper, Decaria, Geis, Hanes, Hawks, Hines, Jennings,
Job, Johnson, Larson, Massie, Meier, Mockler, Nicholas, Northrup, Peck, Ross,
Schiffer, Scott, Sessions, Townsend, Vasey and Von Flatern.
Ayes 30 Nays 0 Excused
0 Absent 0 Conflicts 0
1/28/2005 H Received for Introduction
2/1/2005 H Introduced and Referred to H05
2/15/2005 H05 Recommended Do Pass
ROLL CALL
Ayes: Representative(s) Brown, Diercks, Hageman,
Morgan, Powers, Samuelson and Semlek
Nays: Representative(s)
Davison
Excused:
Representative(s) Jackson
Ayes 7 Nays 1 Excused
1 Absent 0 Conflicts 0
2/15/2005 H Placed on General File
2/16/2005 H Passed CoW
2/17/2005 H Passed 2nd Reading
2/18/2005 H Passed 3rd Reading
ROLL CALL
Ayes: Representative(s) Alden, Anderson, R.,
Bagby, Barnard, Berger, Brown, Buchanan, Bucholz, Childers, Cohee, Davison,
Diercks, Edwards, Esquibel, Gay, Gilmore, Gingery, Goggles, Hageman, Hammons,
Harshman, Harvey, Hastert, Hinckley, Iekel, Illoway, Jackson, Jones, Landon,
Latta, Lockhart, Lubnau, Luthi, Martin, McOmie, Meuli, Miller, Morgan, Olsen,
Osborn, Pedersen, Petersen, Philp, Powers, Quarberg, Reese, Robinson,
Samuelson, Semlek, Simpson, Slater, Thompson, Walsh, Warren, Wasserburger,
Watt, White and Zwonitzer.
Nays:
Representative(s) Brechtel
Excused:
Representative(s) Jorgensen
Ayes 58 Nays 1 Excused
1 Absent 0 Conflicts 0
2/18/2005 Assigned Number SEA No. 0049
2/18/2005 S President Signed SEA No. 0049
2/22/2005 H Speaker Signed SEA No. 0049
2/24/2005 Governor Signed SEA No. 0049
2/24/2005 Assigned Chapter Number
Chapter No. 0082 Session Laws of Wyoming 2005.