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Subdivision Development and Water Right Transfers
Dealing with the Conflict between Historic and New
Land Use
March 6, 2012
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Today’s Presentation Introduction Issues Raised by Subdivision
Development Wyoming Population Growth Wyoming’s Subdivision Statute County Regulation of Subdivisions Options Under Wyoming Law Irrigation District Concerns Conclusion
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Introduction Wyoming Water Law
History of Subdivisions and Water Rights
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Issues Raised by Subdivisions
Inadequacy of Delivery Systems Ground Water Impacts
Quantity Quality
Liability Concerns
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Inadequacy of Delivery Systems
Irrigation Systems not Constructed to Deliver Water to Small Acreages
Historical Points of Diversion and Means of Conveyance
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Ground Water Impacts Reduction of Surface Irrigation
results in:
Ground Water Quantity Reductions
Ground Water Quality Concerns
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Liability Concerns
Always an Issue
Increased Population increases chances of incidents
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Wyoming Population Growth and Land Use
Population Change Patterns of Land Use Status of Agricultural Lands
Demographics
Impacts of Residential Development
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Wyoming Subdivision Statute (18-5-301 – 18-5-315)
Authority Definitions Exemptions Permit Required Enforcement Minimum
Requirements
Planning Commission
Board Approval Permit Fee Investigatory
Powers Penalties Minimum
Provisions
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W.S. 18-5-301: Authority Vested in Board of County
Commissioners in which the land is located
Each County approaches this Issue Differently
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W.S. 18-5-302: 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.
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W.S. 18-5-303: Exemptions from Provisions
Single Gift or Sale to Member of Landowner’s Immediate Family
Eminent Domain Boundary Line Adjustments Creates Cemetery Lots Parcels are 35 Acres or Larger
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W.S. 18-5-304: 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.
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W.S. 18-5-305: 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
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W.S. 18-5-306: 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)
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W.S. 18-5-306(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
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County Regulation of Subdivisions
Rules and Regulations
Summary of Wyoming Counties
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Options Under Wyoming Law
Voluntary Abandonment of Water Rights
Transfer of Water Rights Retain Water Rights
Water Distribution Plan
4th Option: ADWR
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Option # 1 - Abandonment Voluntary Abandonment
Removing water right from land forever Requires Petition to State Engineer or
BOC (depends on Status)
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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)
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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
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Option #4 - ADWR Authorization for Detachment of
Water Rights
Allows Five Years to Transfer the Water Right or Voluntary Abandonment
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Irrigation Districts Statute was Revised to Change
Timing of Involvement to Address: Water Rights Irrigation District Infrastructure Easements
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W.S. 18-5-306(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 district’s easements.
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W.S. 18-5-306(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.
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Address ID Impacts County Regulations
Statutory Changes Separated Title 41 Districts from Ditch
Companies etc. Addressed Timing
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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. 18-5-316)
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W.S. 18-5-312: 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
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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
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Questions?
Kara Brighton
Hageman & Brighton, P.C. 222 E. 21st Street Cheyenne, WY 82001 307-635-4888 www.hblawoffice.com