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Senate moves bill allowing extensions for water rights interrupted by dam or diversion repairs
Summary
Senate File 80 authorizes the Board of Control to grant extensions, up to five years, to owners of lawful dams or diversion systems when repairs or replacement cause interruptions in use that could otherwise trigger abandonment under the five‑year statute; the Committee of the Whole adopted a timing amendment and reported the bill favorably.
Senator Steinmetz explained Senate File 80, which addresses limits in the abandonment statute for water rights when infrastructure such as dams or diversion structures are being repaired or replaced. Under current law, unused appropriation of water for five years can expose a right to abandonment proceedings. The bill allows an owner of a lawful dam or diversion system to apply to the Board of Control for an extension of time, not to exceed five years, to reactivate use when interruption results from necessary repair or replacement.
Steinmetz told senators the Board of Control retains discretion and can require evidence of diligent progress; applicants may reapply if a multi‑year project requires additional time. "The extension of 5 years can be reapplied for," Steinmetz said, noting the state engineer and the Board of Control would continue to oversee diligence determinations. The sponsor said the bill is designed to protect water rights tied up by long infrastructure projects and referenced a specific dam project as an example.
The Committee adopted a Committee of the Whole amendment (to move the effective date earlier than the standard July 1) moved by Senator Crago; the sponsor supported an earlier effective date to avoid losing water rights downstream. After adoption of the amendment, the Committee of the Whole reported Senate File 80 do pass (as amended).
Action summary: - Committee of the Whole Amendment No. 1 to Senate File 80 — moved by Senator Crago; outcome: approved (voice vote); amendment moved effective date earlier than July 1. - Committee of the Whole motion that Senate File 80 do pass (as amended) — outcome: passed and reported favorably to the full Senate.
The sponsor said the measure is intended as a practical fix to keep water rights intact while owners complete necessary repair work to dams or diversion structures and to preserve the Board of Control’s discretion to evaluate diligence.
