Title 41 — Title 41 — Water
15 chapters · 814 sections in this title.
W.S. § 41-12-101 Generally
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Generally. Ratification and approval is hereby given to the Bear River Compact as signed at Salt Lake City, in the state of Utah, on the 22nd day of December, A.D., 1978, by George L. Christopulos, the state engineer of the state of Wyoming, and others, which compact was also sig…
W.S. § 41-12-102 When binding; notice of ratification
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When binding; notice of ratification. Said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the legislature of each of the said states and approved by the congress of the United State…
W.S. § 41-12-201 Purpose
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Purpose. (a) The major purposes of this compact are to provide for the most efficient use of the waters of the Belle Fourche River basin hereinafter referred to as the basin for multiple purposes; to provide for an equitable division of such waters; to remove all causes, present …
W.S. § 41-12-202 (a) Definitions
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(a) Definitions. As used in this compact: (i) The term "Belle Fourche River" shall mean and include the Belle Fourche River and all its tributaries originating in Wyoming; (ii) The term "basin" shall mean that area in South Dakota and Wyoming which is naturally drained by the Bel…
W.S. § 41-12-203 Administration
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Administration. (a) It shall be the duty of the two (2) states to administer this compact through the official in each state who is now or may hereafter be charged with the duty of administering the public water supplies, and to collect and correlate through such officials the da…
W.S. § 41-12-204 Water gauging stations
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Water gauging stations. Each state shall itself or in conjunction with other responsible agencies cause to be established, maintained, and operated such suitable water gauging stations as it finds necessary to administer this compact.
W.S. § 41-12-205 Allocation of waters
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Allocation of waters. (a) Wyoming and South Dakota agree that the unappropriated waters of the Belle Fourche River as of the date of this compact shall be allocated to each state as follows: Ninety percent (90%) to South Dakota Ten percent (10%) to Wyoming; provided, that allocat…
W.S. § 41-12-206 Acquisition of property in another state
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Acquisition of property in another state. Any person, entity, or state shall have the right to acquire necessary property rights in another state by purchase or through the exercise of the power of eminent domain for the construction, operation and maintenance of storage reservoi…
W.S. § 41-12-207 Construction and use of dams; claims for storage or diversion; appropriations
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Construction and use of dams; claims for storage or diversion; appropriations. (a) Either state shall have the right, by compliance with the laws of the other state, to file applications for and receive permits to construct or participate in the construction and use of any dam, s…
W.S. § 41-12-208 Water for stock water use in South Dakota
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Water for stock water use in South Dakota. In case any reservoir is constructed in Wyoming to be used principally for irrigation of lands in South Dakota, sufficient water not to exceed ten (10) cubic feet per second shall be released at all times for stock water use.
W.S. § 41-12-209 Size of reservoirs
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Size of reservoirs. No reservoir hereafter built solely to utilize the water allocated to Wyoming shall have a capacity in excess of one thousand (1,000) acre-feet.
W.S. § 41-12-210 Duration of compact
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Duration of compact. The provisions of this compact shall remain in full force and effect until amended by action of the legislature of the states and consented to and approved by the congress of the United States in the same manner as this compact is required to be ratified to b…
W.S. § 41-12-211 Termination of compact
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Termination of compact. This compact may be terminated at any time by unanimous consent of the states, and upon such termination, all rights then established hereunder or recognized hereby shall continue to be recognized as valid by the states notwithstanding the termination of t…
W.S. § 41-12-212 Rights of action preserved
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Rights of action preserved. Nothing in this compact shall be construed to limit or prevent either state from instituting or maintaining any action or proceeding, legal or equitable, in any federal court or the United States supreme court for the protection of any right under this…
W.S. § 41-12-213 (a) Application of compact
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(a) Application of compact. Nothing in this compact shall be deemed: (i) To impair or affect any rights or powers of the United States, its agencies, or instrumentalities, in and to the use of the waters of the Belle Fourche River nor its capacity to acquire rights in and to the …
W.S. § 41-12-214 When compact becomes operative
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When compact becomes operative. (a) This compact shall become operative when approved by the legislature of each of the states, and when consented to by the congress of the United States by legislation providing, among other things, that: (i) Any beneficial uses hereafter made by…
W.S. § 41-12-215 Severability of provisions
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Severability of provisions. Should a court of competent jurisdiction hold any part of this compact to be contrary to the constitution of any state or of the United States, all other severable provisions shall continue in full force and effect.
W.S. § 41-12-301 Generally
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Generally. Ratification and approval is hereby given to the Colorado River Compact as signed at the city of Santa Fe, New Mexico, on the twenty-fourth day of November, A.D. 1922, by Frank C. Emerson the duly appointed commissioner for the state of Wyoming, under and in accordance…
W.S. § 41-12-302 When binding; notice of ratification
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When binding; notice of ratification. The said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the legislature of each of said states and approved by the congress of the United State…
W.S. § 41-12-401 Generally
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Generally. That ratification and approval is hereby given to the Upper Colorado River Basin Compact as signed at the city of Santa Fe, in the state of New Mexico, on the 11th day of October, A.D. 1948, by L. C. Bishop, the state engineer of the state of Wyoming, under and in acco…
W.S. § 41-12-402 When binding; notice of ratification
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When binding; notice of ratification. Said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the legislature of each of the said states and approved by the congress of the United State…
W.S. § 41-12-501 Generally
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Generally. The compact relating to the waters of the Snake River, entered into and duly executed at the city of Cheyenne, Wyoming, on the 10th day of October, 1949, by and between the commissioners of the state of Wyoming acting pursuant to authority granted under section 71-2601…
W.S. § 41-12-502 When binding; notice of ratification
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When binding; notice of ratification. Said compact shall not be operative unless and until the same shall have been ratified by the legislature of each of the said states and approved by the congress of the United States. The governor of Wyoming shall give notice of the ratificat…
W.S. § 41-12-601 Generally
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Generally. Ratification and approval is hereby given to the Yellowstone River Compact as signed at the city of Billings, in the state of Montana, on the 8th day of December, A. D. 1950, by L. C. Bishop, the state engineer of the state of Wyoming, and all of the above named assist…
W.S. § 41-12-602 When binding; notice of ratification
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When binding; notice of ratification. Said compact shall not be binding or obligatory upon any of the high contracting parties thereto unless and until the same shall have been ratified by the legislature of each of the said states and approved by the congress of the United State…
W.S. § 41-12-603 definitions
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definitions. Diversions from the Yellowstone River Basin; (a) Unless the context requires otherwise, in W.S. 41-12-603 through 41-12-607 the following definitions apply: (i) "Basin" means the Yellowstone River Basin as defined in the Yellowstone River Compact, W.S. 41-12-601; (ii…
W.S. § 41-12-604 Diversions from the Yellowstone River Basin; authority to approve
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Diversions from the Yellowstone River Basin; authority to approve. The state engineer may consent on behalf of the state of Wyoming to diversions of water from the basin pursuant to Article X of the compact, including diversions of water allocated under the terms of the compact t…
W.S. § 41-12-605 Diversions from the Yellowstone River Basin; application; notice
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Diversions from the Yellowstone River Basin; application; notice. (a) Any person proposing to divert compact water allocated to Wyoming from the basin for use in Wyoming, whether the point of diversion is in Wyoming, Montana or North Dakota, shall file an application with the sta…
W.S. § 41-12-606 Diversions from the Yellowstone River Basin; objections; public hearing
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Diversions from the Yellowstone River Basin; objections; public hearing. (a) An objection to an application must be filed with the state engineer by the date specified in the published notice. (b) The objector to an application shall state his name and address and any facts tendi…
W.S. § 41-12-607 Diversions from the Yellowstone River Basin; criteria for approval; terms
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Diversions from the Yellowstone River Basin; criteria for approval; terms. (a) The state engineer may conduct whatever other studies he deems necessary to adequately evaluate an application. (b) The state engineer may issue his approval of an application proposing to divert compa…
W.S. § 41-12-701 Generally
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Generally. Ratification and approval is hereby given to the Upper Niobrara River Compact as signed at Cheyenne, Wyoming, on the 26th day of October, A.D. 1962, by E. J. Van Camp, the interstate streams commissioner of the state of Wyoming, and the assistant commissioners, hereina…
W.S. § 41-12-702 When binding; notice of ratification
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When binding; notice of ratification. The said compact shall not be binding or obligatory upon the state of Wyoming or any of the other high contracting parties thereto unless or until the same shall have been ratified by the legislature of Nebraska, and consented to by the congr…
W.S. § 41-12-801 Studies authorized for waters allocated by certain compacts
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Studies authorized for waters allocated by certain compacts. In order to more fully utilize the waters allocated to the state of Wyoming by the Yellowstone River Compact (W.S. 41-12-601), the Colorado River Compact (W.S. 41-12-301), and the Upper Colorado River Compact (W.S. 41-1…