Subdivision Development and Water Right Transfers Dealing with the Conflict between Historic and New Land Use March 6, 2012

Todays Presentation Introduction Issues Raised by Subdivision Development Wyoming Population Growth Wyomings Subdivision Statute County Regulation of Subdivisions Options Under Wyoming Law Irrigation District Concerns Conclusion

Introduction Wyoming Water Law History of Subdivisions and Water Rights

Issues Raised by Subdivisions Inadequacy of Delivery Systems Ground Water Impacts Quantity Quality Liability Concerns

Inadequacy of Delivery Systems Irrigation Systems not Constructed to Deliver Water to Small Acreages Historical Points of Diversion and Means of Conveyance

Ground Water Impacts Reduction of Surface Irrigation results in: Ground Water Quantity Reductions Ground Water Quality Concerns

Liability Concerns Always an Issue Increased Population increases chances of incidents

Wyoming Population Growth and Land Use Population Change Patterns of Land Use Status of Agricultural Lands Demographics Impacts of Residential Development

Wyoming Subdivision Statute ( – ) Authority Definitions Exemptions Permit Required Enforcement Minimum Requirements Planning Commission Board Approval Permit Fee Investigatory Powers Penalties Minimum Provisions

W.S : Authority Vested in Board of County Commissioners in which the land is located Each County approaches this Issue Differently

W.S : Definitions Person: includes individual, corporation, association. Subdivision: creation of division of a lot, tract, parcel or other unit of land for immediate or future purpose of sale or development for residential, recreational, industrial, commercial or public uses. Water Supply System:...Separate water supply systems used solely for irrigation or stock water are not included.

W.S : Exemptions from Provisions Single Gift or Sale to Member of Landowners Immediate Family Eminent Domain Boundary Line Adjustments Creates Cemetery Lots Parcels are 35 Acres or Larger

W.S : Permit Required No person shall subdivide land or commence the physical layout or construction of a subdivision without first obtaining a subdivision permit from the board of the county in which the land is located.

W.S : Enforcement In accordance with Wyoming Administrative Procedures Act Counties shall adopt rules and regulations as necessary to implement provisions of Act and insure compliance with intent and purpose of the article

W.S : Minimum Requirements for Permits Compliance with zoning regulations Survey Plat Title Sewage System Study Easements Water Supply System Study Roadway Access Evidence of Financial Resources Proof of Notice Water Rights Conservation District review (60 days) DEQ Review of sewage and water supply systems (30 days)

W.S (a)(xi): Appurtenant Water Rights Prior to Final Approval, subdivider shall provide: Evidence of relinquishment to SEO (Authorization to Detach) OR Evidence of petitions to Board of Control OR Water Distribution Plan approved by SEO AND If located within Irrigation District, evidence that plan has been submitted AND Evidence of notice on all offers and solicitations

County Regulation of Subdivisions Rules and Regulations Summary of Wyoming Counties

Options Under Wyoming Law Voluntary Abandonment of Water Rights Transfer of Water Rights Retain Water Rights Water Distribution Plan 4 th Option: ADWR

Option # 1 - Abandonment Voluntary Abandonment Removing water right from land forever Requires Petition to State Engineer or BOC (depends on Status)

Option #2 - Transfer Change Place of Use from the Subdivided Lands to Other Irrigable, Non-Permitted Lands Requires Petition to State Engineer or Board of Control (depends on water right status)

Option #3 – Water Distribution Plan Retains Water Rights on Subdvided Lands Requires Submittal and Approval by SEO May Require Petition to State Engineer or BOC Bonding Issues

Option #4 - ADWR Authorization for Detachment of Water Rights Allows Five Years to Transfer the Water Right or Voluntary Abandonment

Irrigation Districts Statute was Revised to Change Timing of Involvement to Address: Water Rights Irrigation District Infrastructure Easements

W.S (a)(xi)(D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of Title 41, chapter 7 of the Wyoming statutes, the application shall include a review and recommendations from the irrigation district regarding the attached water rights and the irrigation districts easements.

W.S (a)(xi)(E) If the subdivision will create a significant additional burden or risk of liability to the irrigation district, company, association or remaining appropriators including appropriators on an unorganized ditch, the applicant shall provide an adequate and responsible plan to reduce or eliminate the additonal burden or risk of liability.

Address ID Impacts County Regulations Statutory Changes Separated Title 41 Districts from Ditch Companies etc. Addressed Timing

The Subdivision Gap The Board may EXEMPT from the minimum requirements the subdivision of one or more units of land into not more than a total of five units of land Lots that are 35 acres or larger are EXEMPT (except W.S )

W.S : Enforcement Enforceable by all appropriate legal remedies including to, but not limited to: Injunctive Relief Writ of Mandamus Board may request Attorney General to initiate civil or criminal proceedings

IV. Conclusion Statute Provides Reasonable Options Timing of Completing Changes Enforcement of Option Gaps in Law make Administration Difficult Irrigation Districts are Struggling Subdivisions Raise Complex Issues

Questions? Kara Brighton Hageman & Brighton, P.C. 222 E. 21 st Street Cheyenne, WY