House Bill 4044

Establishes standard for measuring distance between proposed or existing well and surface water source for purpose of determining probability or existence of impairment of, or substantial or undue interference with, existing rights of others to appropriate surface water. Requires that Water Resources Department provide adversely affected or aggrieved water right holder with written notice of planned action before undertaking action to effectuate water rights established and determined in Water Resources Director's order of determination. Requires that proposed final order or written notice of planned action adversely affecting or aggrieving water right applicant or water right holder state all facts, grounds or legal theories relied upon to support proposed final order or planned action. Requires that proposed final order or written notice of planned action include detailed findings and holdings based on clear and convincing evidence supporting proposed final order or planned action. Requires that evidence regarding proposed or existing well include report by qualified hydrologist containing certain information specific to well site. Provides that proposed final order or written notice of planned action placing restriction or condition on exercise of proposed or existing water right for purpose of preventing impairment of, preventing interference with or otherwise benefiting superior water right must include evidence demonstrating that restriction or condition will accomplish purpose. Prohibits department from amending proposed final order to allege additional facts, grounds, legal theories, findings or holdings supporting proposed final order if hearing on proposed final order has been requested. Prohibits department from alleging additional facts, grounds, legal theories, findings or holdings supporting planned action if water right holder has brought legal proceeding challenging planned action. Allows court to continue proceeding and issue judgment if department renders written notice of no practical effect without consent of plaintiff. Makes water right applicant or holder prevailing party if department withdraws proposed final order or if applicant or holder obtains substantial modification of proposed final order. Provides that water right applicant or water right holder prevailing in contested case proceeding regarding proposed final order or on judicial review regarding final order is entitled to damages and reasonable attorney fees and costs. Makes water right holder prevailing party in court action if department withdraws planned action during legal proceeding, if holder successfully defends action or if holder obtains stay, prevention or substantial modification of planned action in legal proceeding or on appeal. Provides that water right holder prevailing in legal proceeding or on appeal regarding planned action is entitled to damages and reasonable attorney fees and costs. Declares emergency, effective on passage.

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In the House of Representatives Feb 3 – Mar 7

1. Feb 3Introduced
2. Sent to Agriculture and Natural Resources
3. Feb 6Heard in Agriculture and Natural Resources
4. Mar 7Died when the session ended