Subdivision Development and Water Right Transfers

Dealing with the Conflict between Historic and New

Land Use

March 6, 2012

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

Introduction Wyoming Water Law

History of Subdivisions and Water Rights

Issues Raised by Subdivisions

Inadequacy of Delivery Systems Ground Water Impacts

Quantity Quality

Liability Concerns

Inadequacy of Delivery Systems

Irrigation Systems not Constructed to Deliver Water to Small Acreages

Historical Points of Diversion and Means of Conveyance

Ground Water Impacts Reduction of Surface Irrigation

results in:

Ground Water Quantity Reductions

Ground Water Quality Concerns

Liability Concerns

Always an Issue

Increased Population increases chances of incidents

Wyoming Population Growth and Land Use

Population Change Patterns of Land Use Status of Agricultural Lands

Demographics

Impacts of Residential Development

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

W.S. 18-5-301: Authority Vested in Board of County

Commissioners in which the land is located

Each County approaches this Issue Differently

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.

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

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.

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

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)

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

County Regulation of Subdivisions

Rules and Regulations

Summary of Wyoming Counties

Options Under Wyoming Law

Voluntary Abandonment of Water Rights

Transfer of Water Rights Retain Water Rights

Water Distribution Plan

4th Option: ADWR

Option # 1 - Abandonment Voluntary Abandonment

Removing water right from land forever Requires Petition to State Engineer or

BOC (depends on Status)

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)

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

Option #4 - ADWR Authorization for Detachment of

Water Rights

Allows Five Years to Transfer the Water Right or Voluntary Abandonment

Irrigation Districts Statute was Revised to Change

Timing of Involvement to Address: Water Rights Irrigation District Infrastructure Easements

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.

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.

Address ID Impacts County Regulations

Statutory Changes Separated Title 41 Districts from Ditch

Companies etc. Addressed Timing

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)

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

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

Questions?

Kara Brighton

Hageman & Brighton, P.C. 222 E. 21st Street Cheyenne, WY 82001 307-635-4888 www.hblawoffice.com