Representative Kerry Gibson has introduced House Bill 171 (HB 171), entitled "Water Rights Revisions." The purpose of the bill is to allow the State Engineer, in change application proceedings, to review the historical use of the water right and to limit approval of the proposed change to the quantity of water that has been "reasonably applied to beneficial use."
The bill has been amended so that the State Engineer must presume the water right has been used to its full extent--thereby placing the burden on a protestant to show nonuse--and to clarify that any unapproved portion of the water right is not considered forfeited or abandoned.
The amended bill has passed the House and is now being considered in the Senate.
Click here to read the full text of the amended bill.
(For an update on this bill, click here.)
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