Ordinance 2251 Regarding Water RightsORDINANCE NO. 2251
AN ORDINANCE UPDATING APPENDIX B
ARTICLE 5 REGARDING WATER RIGHTS IN
ACCORDANCE WITH HOUSE BILL NO. HB0002
WHEREAS, the Wyoming Legislature adopted House Bill 0002 regarding the disposition of
water rights for new subdivisions within the City jurisdictional boundary; and
WHEREAS, the City Governing Body adopts the following provisions in accordance with the
requirements of Wyoming Statute.
NOW THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF
SHERIDAN, WYOMING:
Appendix B Article 5 shall include a new section to read:
510 Water Rights
A. Compliance with Wyoming Statute. Lands to be subdivided within the City limits of
Sheridan shall comply with applicable Wyoming Statute § 15-1-415. See also 18-5- 306,
and 18-5-316. The City Governing Body shall not certify or approve any map or plat in
which the subdivider has not complied with the aforementioned statutes. Provided, the
City Governing Body may approve the plat or map conditionally, allowing the subdivider
to file the plat after providing written adequate proof of compliance with Wyoming
Statute to the City Public Works Director.
B. Preliminary Plat Requirement. When the preliminary plat is submitted, the subdivider
shall declare its intended disposition of any water right which is appurtenant to the land
to be subdivided by one of the following means listed in order of preference: (1) be used
on the subdivided property in accordance with a water distribution plan; (2) be
transferred to the City; or (3) addressed in any manner consistent with Wyoming Statute.
(1) A water distribution plan shall be incorporated into the preliminary water and sewer
plan defined in City of Sheridan Code, Appendix B, Article 404.
C. Water Rights Purchase. If the City is to purchase the water rights, the purchase price
shall be the water rights' market value. Provided, the costs to transfer ownership, change
the point of diversion, means of conveyance, change in place of use and/or change of use
shall be deducted from the purchase price and any cost greater than the purchase price
shall be paid by the City.
(1) The market value shall be determined as follows:
i. If the subdivider has a bona -fide offer from an independent third -party
purchaser, the subdivider shall submit the written offer to the City with the
preliminary plat. The City shall have 15 days from the date of submission of
the preliminary plat to exercise its right of purchase in accordance with the
same terms and conditions of the bona -fide offer.
ii. If the subdivider does not have a bona -fide offer from an independent third -
party purchaser at the time of submission of the preliminary plat, the market
value shall be determined by an appraiser agreed upon by both parties. If the
City and subdivider cannot agree, then each party shall retain its own
appraiser and the average of the two appraisals shall be the purchase price.
(2) The terms of the transfer or water distribution plan may be made part of a subdivider
or development agreement.
D. Nothing in this Article shall be construed to prevent a subdivider from disposing of water
rights in accordance with Wyoming Statute prior to the submission of the preliminary
plat.
Appendix B Article 303(A) shall be amended to read to include:
(8) Provide satisfactory evidence from a Wyoming licensed surveyor or engineer, or a letter from
the Wyoming State Engineer's Office, identifying any water rights subject to Wyoming Statutes
§§ 15-1-415, 18-5- 306, and 18-5-316.
Appendix B Article 403(A) shall be amended to include:
(12) The location of the water rights distribution system, means of conveyance, materials to be
used and the identification of the party responsible for maintenance and repair.
Appendix B Article 404 shall be amended to include:
(B) A Water Distribution Plan shall either be incorporated into the preliminary plat or as a
separate exhibit to the preliminary plat and include the following:
(1) Arrangement of the proposed system within .the subdivision together with indication
of distribution methods, supporting infrastructure like pumps or ponds, and piping materials.
(2) Additional notations and information as may be required.
WHEREUPON, a motion was passed and this Ordinance and was declared adopted this 6th day
of September, 2022.
ATT
City Clerk
FIRST READING: _June 6, 2022
SECOND READING: June 20, 2022
THIRD READING: _September 6, 2022
PUBLISHED: September 14, 2022
EFFECTIVE THE 14th of September 2022.
CITY OF SHERIDAN, WYOMING
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