Committee pauses prescriptive‑easements bill for rural electric co‑ops after stakeholder debate on notice and liability

Senate File 99 — a bill to clean up century‑old ‘handshake’ easements used by rural electric cooperatives — drew extensive stakeholder testimony and was paused for further consideration.

Sponsor Senator Ed Cooper and executive director Sean Taylor of the Wyoming Rural Electric Association described a compromise that would validate visible, continuously used delivery‑system easements in place on or before Jan. 1, 2006, make them non‑exclusive, allow reasonable access and maintenance (a 30‑foot corridor each direction was proposed), and declare abandonment after three consecutive years without use. The stated intent is to preserve reliability, enable vegetation management and reduce costly line reroutes caused by disputed unrecorded easements.

Mandy Goode, counsel for WREA, walked the committee through the bill’s definitions and safeguards: the statute would not create new easements, would defer to written agreements where they exist and would limit historic easements to their historic uses rather than enabling broad new development. Utilities and MDU Resources testified in favor, saying the bill preserves the status quo where lines are visible and in continuous use.

Several members raised concerns about private‑property rights, notice to new landowners, and an amendment adopted in the House that would have limited electricity users’ liability for damage unless the actor’s conduct was grossly negligent or willful. WREA offered language to strike that liability provision, arguing it could shift repair costs onto co‑op ratepayers. Committee members asked whether recorded notice and notification through co‑op newsletters could accompany implementation.

Because the committee’s floor deadline required a pause, the panel recessed the matter until Monday for completion and any needed technical fixes.