SF 118

 2026  26LSO-0293
                         STATE OF WYOMING
                         SENATE FILE NO. SF0118
 Eminent domain-water projects.
 Sponsored by: Senator(s) Ide, French, Hicks, Pearson and
               Steinmetz   and    Representative(s)   Banks,
               Johnson, Schmid, Webber, Wharff and Winter
                                  A BILL
                                   for
1 AN     ACT   relating     to    eminent     domain;     requiring    the
2 legislature to approve the use of eminent domain for the
3 construction of water projects that utilize state funds as
4 specified;     making      conforming       amendments;      specifying
5 applicability; and providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9Section 1.    W.S. 1-26-802, 1-26-803, 1-26-810(a)(iii),
10 1-26-815(a),     15-7-101(a)(ii)  and    (iii)(A),   35-3-110,
11 36-10-101,    41-2-124     by   creating     a   new   subsection   (m),
12 41-3-102(a),        41-3-742(a)(iii),  41-3-906,    41-3-1013,
13 41-7-210(a)(iv)(E),       41-7-808,     41-8-113(a)(iii),     41-9-202
14 and 41-10-113(a)(xix) are amended to read:
15
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11-26-802.      Proceedings  by        water     companies       and
2 incorporated cities or towns.
3
4 Subject to the requirements of W.S. 41-2-124(m), any water
5 company or  incorporated      city or town  of    this   state    may
6 acquire by purchase, grant or condemnation any land, real
7 estate,     claim,     easement      or    right-of-way  required   for    or
8 that    may    be   affected    by    the       construction,  operation     or
9 maintenance of any waterworks.
10
111-26-803.      Municipal streets and alleys; utility mains
12 or pipes; tax levy.
13
14 Subject       to    the   requirements  of     W.S.    41-2-124(m)     if
15 applicable, any incorporated city or town in Wyoming may
16 use    or   authorize     the   use       of    its      streets    and   alleys   by
17 others, and may obtain by purchase, grant or condemnation
18 in the manner provided by law all necessary lands for the
19 construction, laying and operating of mains or pipes for
20 sewers, gas or water for the use of the cities and towns,
21 and for that purpose to have the power to levy a tax within
22 the    constitutional       limits        upon        all    personal     and     real
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1 property     within     the    corporate    limits     of    the    cities    and
2 towns.
3
41-26-810.      Powers     of   railroad     companies       relative    to
5 condemnation generally.
6
7(a)   Any railroad company organized under the laws of
8 this state, the laws of the United States or which has been
9 duly organized under the laws of any other state and has
10 filed    copies    of    its    articles    of    incorporation       with    the
11 secretary of state in this state as required by law is
12 authorized to:
13
14(iii)      Notwithstanding W.S. 41-2-124(m), acquire
15 a    right   to    conduct       water     by    aqueducts     and    to     make
16 appropriate drains.
17
181-26-815.      Right     of eminent domain granted; ways of
19 necessity for authorized businesses; purposes; extent.
20
21(a)   Subject to the requirements of W.S. 41-2-124(m)
22 if     applicable,       any     person,        association,       company    or
23 corporation authorized to do business in this state may
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1 appropriate by condemnation a way of necessity over, across
2 or on so much of the lands or real property of others as
3 necessary for the location, construction, maintenance and
4 use of reservoirs, drains, flumes, ditches including return
5 flow and wastewater ditches, underground water pipelines,
6 pumping stations and other necessary appurtenances, canals,
7 electric power transmission lines and distribution systems,
8 railroad trackage, sidings, spur tracks, tramways, roads or
9 mine   truck   haul      roads   required   in   the   course    of   their
10 business for agricultural, mining, exploration drilling and
11 production     of     oil   and    gas,     milling,     electric     power
12 transmission       and    distribution,      domestic,     municipal     or
13 sanitary purposes, or for the transportation of coal from
14 any coal mine or railroad line or for the transportation of
15 oil and gas from any well.
16
1715-7-101.    Purposes.
18
19(a)   In addition to all other powers provided by law,
20 any city or town may make public improvements as follows
21 for which bonds may be issued to the contractor or be sold
22 as provided in this chapter to:
23
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1(ii)     Establish,        construct,  purchase,       extend,
2 maintain and  regulate a     system        of    water       works,    for      the
3 purpose of supplying water for extinguishing fires and for
4 domestic, manufacturing and other purposes. To carry out
5 this    power,    or    to    prevent      pollution  or    injury     to      the
6 streams, springs or source of supply of its water works,
7 ditches or reservoirs, any city or town may go beyond its
8 corporate limits and take, hold and acquire property by
9 purchase or otherwise and, subject to the requirements of
10 W.S. 41-2-124(m) if applicable, may take and condemn all
11 necessary land and property. Jurisdiction of a city or town
12 shall extend up and along the stream or source of supply
13 for    the    entire    distance    occupied  by     such    water       works,
14 ditches or reservoirs. Cities or towns may enact ordinances
15 and    make    all     necessary    rules      and       regulations  for      the
16 government and protection of their water works, ditches and
17 reservoirs,      and    fix    water       rates       and    provide       for    their
18 collection.      All    water     rent     collected  except    the       amount
19 required to pay the expense of maintaining, extending and
20 improving the water works, shall become a part of the water
21 bond   fund,     and    be    applied      only    to        the   payment        of   the
22 principal      and     interest     of      the    bonds  issued    for       the
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1 construction,      purchase,       maintaining        or     extension      of    the
2 water works;
3
4(iii)       Take    any   action     necessary  to   establish,
5 purchase, extend, maintain and regulate a water system for
6 supplying water to and diverting surface water runoff from
7 its inhabitants and their property and for any other public
8 purposes, including:
9
10(A)     Condemnation  of    property,  subject    to
11 the requirements of W.S. 41-2-124(m) if applicable;
12
1335-3-110.    Eminent domain; power conferred.
14
15 Subject     to    the     requirements  of    W.S.     41-2-124(m)        if
16 applicable,      such    sanitary  and   improvement        district       may
17 acquire   by     purchase,      condemnation  or    otherwise,      real   or
18 personal property, right-of-way, and privilege, within or
19 without its corporate limits, necessary for its corporate
20 purposes.
21
2236-10-101.       Authority  to     acquire        state       lands;
23 reservation of mineral rights.
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1
2 Notwithstanding W.S. 41-2-124(m), the United States shall
3 be and is authorized to acquire by purchase or condemnation
4 or otherwise, any land in this state required for public
5 buildings, custom houses, arsenals, national cemeteries, or
6 other     purposes      essential  to    the    national  defense    in
7 necessary use of said land by armed naval, air or land
8 forces, or land to be physically occupied by the Boysen
9 Dam, its reservoir, power plant and distribution systems,
10 or lands to be physically occupied by dams, reservoirs,
11 power   plants        and    distribution        systems       in     United    States
12 reclamation       service        projects,      and    the     state     of    Wyoming
13 hereby consents thereto, provided that the mineral content
14 of lands so acquired, if owners thereof so elect, shall be
15 reserved to such owners.
16
1741-2-124.       Accounts created; unexpended balance.
18
19(m)   Except  as    otherwise       provided  by   law,      when
20 appropriating  funds      for   any      project      from     the     accounts
21 created by subsection (a) of this section and only after
22 receipt      of   a    recommendation  of     the    water      development
23 commission, the legislature shall specify whether the power
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1 of eminent domain may be utilized to complete a project for
2 which funds are appropriated. If it is determined after an
3 appropriation is made that the power of eminent domain is
4 needed to complete a project, the project's sponsor and the
5 water development commission shall notify the legislature
6 of     the   need     for     the     use     of    eminent    domain      and   the
7 appropriated funds shall not be expended for that project
8 unless       the     legislature  authorizes       the     use    through
9 legislation  enacted  during     a     subsequent       legislative
10 session.
11
1241-3-102.  Preferred  uses;        defined;      order      of
13 preference.
14
15(a)    Water        rights     are     hereby      defined     as    follows
16 according to use: preferred uses shall include rights for
17 domestic and transportation purposes, steam power plants,
18 and industrial purposes; existing rights not preferred, may
19 be condemned to supply water for such preferred uses in
20 accordance  with    the    provisions        of   the   law   relating     to
21 condemnation  of     property        for     public     and    semi-public
22 purposes, including the requirements of W.S. 41-2-124(m),
23 except as hereinafter provided.
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1
241-3-742.     Powers generally.
3
4(a)   The   board    shall      have    power       on   behalf    of    said
5 districts:
6
7(iii)   Subject        to    the     requirements  of     W.S.
8 41-2-124(m)    if    applicable,  to    have   and       to   exercise    the
9 power of eminent domain and in the manner provided by law
10 for the condemnation of private property for public use to
11 take any property necessary to the exercise of the powers
12 herein granted;
13
1441-3-906.     Application; rights subject to preferences;
15 rights of municipal corporations.
16
17 Rights to underground water shall be subject to the same
18 preferences    as    provided     by     law    for    surface        waters,    and
19 rights   not   preferred may be condemned and  changed to    a
20 preferred use in the manner provided by law for surface
21 waters   subject     to    the   requirements  of    W.S.      41-2-124(m).
22 Nothing herein contained shall be construed to impair the
23 rights of municipal corporations to acquire any underground
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1 water or underground water rights for a necessary public
2 purpose by eminent domain or condemnation proceedings but
3 W.S. 41-2-124(m) shall remain applicable.
4
541-3-1013.        Condemnation for municipal water purposes.
6
7 Notwithstanding  W.S.     1-26-505  and     subject       to      the
8 requirements        of    W.S.    41-2-124(m),  a    city    or    town     may
9 condemn      any    portion       of    a    water    right    authorized  and
10 acquired under this act for municipal water purposes in the
11 manner provided by law.
12
1341-7-210.      Court's order.
14
15(a)   If    the    issues       at    this    hearing   are       decided    in
16 favor of the petitioners, the court shall make an order:
17
18(iv)    Establishing said district as a corporation
19 by the name proposed with powers:
20
21(E)        To exercise the power of eminent domain
22 under     chapter        316    (C.S.       1920)    W.S.    1-26-501       through
23 1-26-818, and all acts or parts of acts amendatory thereto;
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1
241-7-808.     Powers;      eminent        domain;    application        of
3 provisions.
4
5 All    provisions     of    law     now     applicable  to   irrigation
6 districts, privately owned irrigation corporations, ditch
7 companies,    or   power    districts       or    power    corporations,       as
8 regards the exercise of the power of eminent domain, the
9 use    and occupation      of   state and other public lands  and
10 highways, the appropriation, or other acquisition or use of
11 water,    waterpower,      water    rights,       or   water      diversion    or
12 storage rights, for any of the purposes contemplated in
13 this act, the manner or method of construction and physical
14 operation of irrigation works, storage dams, distribution
15 systems,     power    plants,      transmission  lines      and   power
16 systems,   as   herein     contemplated,  shall     be   applicable     as
17 nearly as may be, and insofar as not in conflict with the
18 provisions of this act, to districts organized under this
19 act in their exercise of the rights, powers and franchises
20 and in the performance of the duties conferred or imposed
21 upon them under the provisions of this act. In addition to
22 any other rights and powers hereinabove conferred upon any
23 district organized under the provisions of this act, such
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1 district      shall       have     and    exercise      the     power       of    eminent
2 domain for the purposes and after the manner provided for
3 in sections 38-401 to 38-416, inclusive, of chapter 38 [§§
4 1-26-401, 1-26-403, 1-26-404] and in chapter 122, Wyoming
5 Revised Statutes, 1931, W.S. 1-26-501 through 1-26-818 or
6 in any one (1) or more of said sections or other applicable
7 sections in said statutes made and provided. If any such
8 district  shall     condemn       private      property        or    interests
9 therein,      the     appraisement  shall   include       such     amount    of
10 damage       as    will     accrue       to    the    owner    of     the    condemned
11 property through severance thereof from other property of
12 said owner, previously operated with that so condemned, as
13 a unit.
14
1541-8-113.  Board of directors; powers generally.
16
17(a)        Under     the      supervision  of      the        board      of
18 supervisors,  the     board       of     directors       of     a    watershed
19 improvement district shall have power to:
20
21(iii)      Subject        to     the    requirements  of   W.S.
22 41-2-124(m) if applicable, exercise the power of eminent
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1 domain       and   in    the     manner   provided       by      law    for   the
2 condemnation of private property for public use;
3
441-9-202.        Power of eminent domain.
5
6 Any    drainage       district    created    and    existing       under      W.S.
7 41-9-101 through 41-9-278 may, whenever it shall require a
8 way of necessity outside its boundaries for any of its work
9 or works theretofore authorized by the court, proceed to
10 procure the same by the exercise of the power of eminent
11 domain subject to the requirements of W.S. 41-2-124(m) if
12 applicable.
13
1441-10-113.       Powers of district board.
15
16(a)    For and on behalf of the district the board of
17 any district shall have the following powers:
18
19(xix)     Subject     to    the     requirements  of    W.S.
20 41-2-124(m) if applicable, to have and exercise the power
21 of eminent domain and dominant eminent domain and in the
22 manner provided by law for the condemnation by a city of
23 private      property     for    public     use    to   take     any    property
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1 necessary   to   the    exercise  of   the   powers    granted,   both
2 within and without the district;
3
4Section   2.    This   act    shall      apply   to    all   projects
5 receiving appropriations from water development accounts I
6 through III that are initiated on or after July 1, 2026.
7
8Section 3.     This act is effective July 1, 2026.
9
10(END)
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