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Senate advances bill protecting water rights during state engineer reviews
Summary
Senate Bill 15 clarifies that a water right will not be forfeited for nonuse while the holder is 'diligently pursuing' a change application or is in active discussions with the state water engineer; sponsor and senators debated the scope (individuals, municipalities, private water companies) before the bill passed third reading.
Senator Dayton explained SB 15 is narrowly designed to protect water-right holders from forfeiture for nonuse while they are actively pursuing approvals or in discussion with the state water engineer.
Dayton said the bill does not create new uses but prevents a water right from lapsing if the owner is in the process of seeking approval to put the right to beneficial use. He explained that municipal rights may be placed on hold for long-term planning (decades, in some cases) and that the bill’s operative language—phrases such as "diligently pursuing"—is meant to codify protection during active administrative or judicial processes. Senators sought clarity about who qualifies under the bill: individuals, municipalities and private water companies were discussed; Dayton confirmed the statutory language applies to any entity holding a water right. He offered to provide members a list of water rights that could be protected under the law for comparative review and noted that other water bills on the calendar address related topics.
After extended discussion aimed at clarifying scope and municipal versus private-provider treatment, Dayton moved SB 15 for third reading. The roll-call vote was recorded and the clerk announced SB 15 had received 29 yea votes and 0 nay votes.
The sponsor framed the bill as a limited protection rather than a broad change to nonuse doctrine; the bill preserves rights while administrative or judicial processes are underway but does not extinguish the state engineer's authority or parties' right to seek court review.
