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Bill to require voter approval for some stormwater fees draws split testimony at Select Water Committee
Summary
A draft bill that would require municipalities to hold elections before collecting some surface-water drainage fees prompted extensive testimony from city officials, municipal associations, the University of Wyoming and residents, exposing legal ambiguity over whether fees are taxes and whether Title 15 or Title 16 controls.
The Select Water Committee heard hours of testimony on Feb. 2 for a draft bill (26LSO289) that would require municipalities to hold an election under the Surface Water Drainage Utility Act (Title 16) before collecting fees, costs or taxes for diversion or management of surface-water runoff unless the electorate approves financing by another means.
Sponsor and LSO explanation: Josh Anderson (LSO) and Senator Crum told the committee the draft aims to resolve ambiguity between Title 15 (municipal authority to establish/manage drainage and set rates) and Title 16 (the Surface Water Drainage Utility Act, which includes an election requirement for creating a surface-water utility). The draft directs municipalities that adopted fee-collection ordinances before July 1, 2026, to hold an election no later than July 1, 2027; if electors do not approve the financing mechanism, the municipality would cease collecting the disputed fees within 60 days.
Municipal testimony: Ashley Harpstreet, executive…
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