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Senate advances water-adjudication bill requiring state engineer to evaluate beneficial use
Summary
Senate Bill 45 requires the state engineer to include an evaluation of beneficial use in diligence claim reports to clarify water rights during adjudication and to protect state water from erroneous federal claims; the Senate recorded 25 yea, 0 nay, 4 absent for third reading consideration.
Senate Bill 45, presented by Senator Dayton, clarifies the adjudication process by requiring the state engineer to evaluate beneficial use when preparing reports for diligence claims.
Dayton told colleagues the change helps the state better catalog water rights and avoid federal claims that assert beneficial use for purposes like wildlife watering. She said the revision is intended to speed adjudication—work the Legislature has funded to accelerate a process that previously could take decades. Dayton added Division of Water Rights staff have provided a handout to the Senate to explain technical points.
"Beneficial use implies that you have diligently put the water to use," Dayton said, noting the provision reflects practices the state engineer already performs in some contexts. She moved the bill for third reading; the clerk recorded 25 yea votes, 0 nay votes, and 4 absent for third reading consideration.
