§ 41-2-1301 — Transfer of water authorized; conditions

Wyoming § 41-2-1301

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 2: PLANNING AND DEVELOPMENT
• Art. 13: TRANSFER OF WATER

Text

(a) Pursuant to W.S. 41-3-115, the United States Bureau of
Reclamation and the Wyoming water development office are hereby
authorized to transfer a maximum of thirty-three thousand four
hundred ninety-three (33,493) acre feet of storage water per
year from the environmental account in the Pathfinder
Modification Project within Pathfinder reservoir to the Wyoming-
Nebraska state line for the purpose of providing regulatory
certainty under the Endangered Species Act for the use of
Wyoming water in the Platte River basin.
(b) Pursuant to W.S. 41-3-115, and the Wyoming water
development office is hereby authorized to transfer a maximum of
nine thousand six hundred (9,600) acre feet of storage water per
year from the Wyoming account in the Pathfinder Modification
Project within Pathfinder reservoir to the Wyoming-Nebraska
state line through annual temporary water use agreements with
the Platte River Recovery Implementation Program in any year the
storage water in the Wyoming account is not needed by the state
of Wyoming as a municipal water supply or a replacement water
supply to meet the state of Wyoming's obligations in the
Nebraska v. Wyoming settlement agreement and the Platte River
Recovery Implementation Program.
(c) The authorizations granted under subsections (a) and
(b) of this section shall terminate if the state of Wyoming
withdraws from the Platte River Recovery Implementation Program
or any successor programs approved by the governor.
(d) If the director of the Wyoming water development
office determines that Wyoming water users are not receiving the
regulatory certainty under the endangered species act as
provided for in the Platte River recovery implementation
program, he shall submit a report to the select water committee
outlining the inadequacy of the regulatory certainty.
(e) If the state engineer determines that the transfers
authorized under subsections (a) and (b) of this section cause
injury to Wyoming water users beyond those identified in the
final opinion and recommendations provided to the legislature
pursuant to W.S. 41-3-115(q), then the state engineer shall
report the injury to the select water committee.
(f) Any revenue generated through the annual temporary
water use agreements for storage water from the Wyoming account
shall be deposited in the account created by W.S.
41-2-1001(a)(iv).