ADOPTED HOUSE AMENDMENTS
MONDAY, MARCH 03, 2003
Delete the following Senate amendment:
HB0031S3001/AC
Further amend as follows:
Page 1-line 2 After "stamp;" insert "providing for distribution;".
Page 1-line 7 After "W.S." insert "23-1-501(e) and"; delete "is" insert "are".
Page 1-line 8 Insert:
"23‑1‑501. Game and fish fund.
(e) An account within the game and fish fund is created. Revenues collected under W.S. 23‑2‑101(m), 23‑2‑201(e) and as specified under W.S. 23‑2‑306(a) and (b) shall be deposited within the account. The commission shall use revenues in the account to purchase access easements to provide access to public and private lands. The commission shall notify in writing the appropriate boards of county commissioners before purchasing any access easements under this subsection. In addition and on or before February 1 of each year, the commission shall annually report to the legislature on easements purchased pursuant to this subsection during the preceding fiscal year.".
Page 1-line 13 After "($150.00)." insert "Revenues collected from the sale of each stamp under this subsection shall be deposited as follows:
(A) Fifty percent (50%) into the trust account created under W.S. 23-1-501(f); and
(B) Fifty percent (50%) into the account created under W.S. 23-1-501(e).".
BAKER, HARSHMAN, THOMPSON, ROBERTS, GEIS, VASEY
SF0061H3001/AE
Page 1-line 5 After "requirements;" insert "requiring the submission of plans as specified;".
Page 5-line 8 After "." insert "The trustees of the university shall, at least thirty (30) days prior to incurring any obligations to defray the cost of any project or construction through the issuance of bonds, submit the plan for the proposed project or construction and the proposed method of defraying the costs of the project or construction to the joint appropriations interim committee for review and recommendation.". SIMPSON
SF0063H3001/ACE
(CORRECTED COPY-2)
[TO ENGROSSED COPY]
Delete the standing committee amendment (SF0063HS001/AE).
Delete the Robinson committee of the whole amendment (SF0063HW001/AE).
Delete the Philp, Baker second reading amendment (SF0063H2001/AE).
Further amend as follows:
Page 1-line 1 Delete "requiring" insert "providing for restoration of wrongful".
Page 1-line 2 After "facilities" insert ";" and delete the balance of the line.
Page 1-line 3 Delete "maintained;".
Page 1-line 4 After "circumstances;" insert "providing for attorney fees as specified;".
Page 1-lines 13 through 17 Delete.
Page 2-lines 1 through 24 Delete.
Page 3-lines 1 through 16 Delete.
Page 3-After line 16 Insert:
"(a) Any person who, acting directly or indirectly through an agent or representative, in trespass or in other violation of the rights of a user, wrongfully modifies an existing irrigation ditch or other irrigation facility in any manner that diminishes the capacity or adversely affects the utility of the ditch or irrigation facility is liable to the users for all restoration costs. If restoration is not feasible and the effort or cost of maintaining the modified ditch or facility is increased, then the person is thereafter liable to the users for the amount of increased maintenance that results from the modifications.
(b) For cases in which restoration is feasible, any adversely affected user may serve a written demand for restoration. If restoration is not feasible and requires increased maintenance, efforts or costs, any adversely affected user may serve a written demand for immediate and continued maintenance. A copy of this section shall be annexed to the written demand. The demand shall be delivered to the actor in person, or if the actor cannot be found then the demand shall be delivered conspicuously to the actor’s usual place of business or residence. If the actor fails to accomplish complete restoration or all the currently necessary maintenance within forty-eight (48) hours after the written demand is delivered in accordance with this subsection, the user may perform the restoration and may do the maintenance that is then necessary, as well as that which becomes necessary thereafter, and may recover the reasonable costs thereof from the actor. If the modification is so gross that restoration cannot reasonably be completed within the forty-eight (48) hour period, then the duty to restore is satisfied when:
(i) Within twenty-four (24) hours after delivery of the demand, the actor undertakes a good faith effort to mitigate harm to other users and to restore the facility and the effort is:
(A) Commensurate with the magnitude of harm or potential harm to the users; and
(B) Continuously and diligently pursued to completion in a timely manner.
(c) Every user who provides the restoration or maintenance shall have a lien on the actor’s interest or property that is involved in the modification. If the property involved is land, the lien extends to one (1) acre, unless the modification extends or covers more than one (1) acre, in which case the lien shall extend to all the additional land covered by the modification. If the land subject to the modification is located in any city, town or subdivision, the lien shall extend to each entire lot upon which the modification is located. If the actor's interest or property is only a ditch right or reservoir right, or such, then the one (1) acre shall be at the site where the water under the actor's ditch or reservoir right, or other interest is first applied to beneficial use.
(d) In order to have a perfected lien, a lien claimant shall file with the county clerk a lien statement that conforms to the requirements of W. S. 29‑1‑301, and shall notify the last known owner as provided in W.S. 29‑1‑301. The county clerk shall file and index the statement as provided in W.S. 29‑1‑301. When so perfected, the lien may be enforced in the same manner as provided in W. S. 29‑4‑101 and 29‑4‑102 and is subject to the limitation in W.S. 29‑2‑109.
(e) If litigation is necessary to enforce the lien, the prevailing party shall be awarded reasonable attorney's fees and costs of litigation, to be fixed and awarded by the court, unless the court finds that the nonprevailing party had reasonable grounds to expect to prevail.
(f) The remedies provided by this section are not exclusive but are supplemental to other remedies in law or equity. This section does not in any way alter or affect law regarding water rights, cotenants, easements or other servitudes, or other rights.
(g) As used in this section:
(i) "Actor" means a person who wrongfully modifies an existing irrigation ditch or other irrigation facility as specified in subsection (a) of this section;
(ii) "User" means an individual, ditch company whether organized or unorganized, irrigation district, or other person or entity lawfully permitted to use water under an adjudicated or other valid water right who uses a ditch or facility for conveyance of direct flow, or waste water, or storage of water in the beneficial use of water under the water right. NICHOLAS
SF0086H3001/ACE
(CORRECTED COPY-2)
[TO ENGROSSED COPY]
Page 1-line 4 After "investigation" insert "and other review".
Page 1-line 14 After "(b)" insert "Upon approval by the governor,".
Page 1-line 15 Delete "is hereby authorized and empowered to" insert "may".
Page 1-line 16 Delete "lands" insert "real property".
Page 3-line 11 After "Section 3." insert "(a)".
Page 3-after line 24 Insert:
"(b) Prior to purchasing the real property as authorized by this act, the department of state parks and cultural resources shall have a title search, including mineral interests, conducted for the real property. The department shall report its findings on the title search to the governor not later than September 1, 2003. The report shall include whether the proposed purchase of the Carissa gold mine real property will provide clear title to the real property, including all mineral interests. The department shall obtain a title commitment on the real property and purchase title insurance.". SIMPSON
SF0086H3003/AE
[TO ENGROSSED COPY]
Page 1-line 3 Delete "a" insert "an".
Page 1-line 4 Delete "safety".
Page 1-line 15 Delete "is hereby authorized and empowered to" insert "may".
Page 1-line 16 Before "in" insert ", unless the Carissa gold mine has created unacceptable economical environmental impacts as shown by the department of environmental quality investigation and determined by the governor,".
Page 3-line 14 After "." insert "The department shall investigate the environmental impact the mine has had in the past and request copies of environmental investigation documents, if any, in the possession of the owner.".
Page 3-line 16 After "to" insert "the governor,"; delete "travel,".
Page 3-line 17 Delete line through "resources" insert "minerals, business and economic development".
Page 3-line 19 After "2003." delete balance of the line.
Page 3-lines 20 through 24 Delete. CHILDERS