Title 41, Title 41 — Water

Adjudication procedure. (a) Any person constructing any well under a permit shall, within thirty (30) days after the completion or abandonment of such work, report to the state engineer the data required relating to such well, on forms furnished by the state engineer. A well shal…

Priority of appropriation. The priority of appropriation of underground water obtained prior to April 1, 1947, shall date from time of completion of the well. The priority of appropriation of underground water obtained subsequent to April 1, 1947, and prior to March 1, 1958, shal…

Cancellation or suspension of permits or certificates. Whenever, after notice to and opportunity to be heard, the state engineer finds that the holder of any permit is willfully violating or has willfully violated any provision of such permit or any provision of this act or of an…

Penalty. Any person who drills, digs or constructs any works for the securing of underground water without having obtained a permit is guilty of a misdemeanor and upon conviction shall be punished under W.S. 41-3-616.

Groundwater study to assess corrective controls within groundwater control areas. Subject to available funding, not less than once every ten (10) years the state engineer shall conduct a groundwater study in each county that has a control area designated by the board of control u…

Waters stored for instream flows a beneficial use of water; natural stream flows allowed for instream flows. (a) The storage of water in any drainage in Wyoming for the purpose of providing a recreational pool or the release of water for instream flows to establish or maintain ne…

Instream flows to be by stream segment; waters for instream flows may be sold, transferred or otherwise conveyed under certain restrictions; ownership restricted. (a) All waters used for the purpose of providing instream flows shall be applied only to that segment of the stream f…

Game and fish commission; construction of measuring devices; recommendations; permits; fees and costs. (a) The game and fish commission shall construct any measuring device the state engineer considers necessary for the administration of an instream flow right. (b) The state game…

Water development commission to determine storage feasibility; report to the game and fish commission and the legislature. (a) Immediately after permits have been applied for under W.S. 41-3-1003(c), the water development commission shall determine the feasibility of providing in…

Approval of storage project. If the water development commission determines that storage of water to provide instream flows is feasible and in the interest of the state of Wyoming, it shall request authority from the legislature to proceed with the design and construction of stor…

Appropriation of unappropriated waters for direct instream flows. (a) Any application for a permit to appropriate direct flow waters for the purpose of providing instream flows shall be by stream segment, as defined in W.S. 41-3-1002. (b) If the water development commission, unde…

Acquisition of existing rights for instream flow purposes. (a) The state of Wyoming may acquire any existing water rights in streams of Wyoming by transfer or gift for the purpose of providing instream flows, provided that a change in use of the right acquired shall be in accorda…

Regulation of streams. (a) The game and fish commission shall report to the water development commission the need to regulate a stream to protect the priority of an instream flow right. The report shall include information establishing present or future damage to the fishery if t…

Statement regarding condemnation and impairment of existing water rights. This act does not grant, nor shall it operate or be so construed to grant the power of condemnation to the game and fish department for acquisition of existing water rights for the purpose of providing inst…

Litigation costs. If any other appropriator in a drainage where waters are allowed for instream flows proves in district court that his right to use appropriated waters has been impaired or diminished by the allowance for instream flows, the costs of litigation, including reasona…

Abandonment. No right to water for the purposes of providing instream flow may be acquired through the process of abandonment nor shall any beneficiary of instream flow rights granted under this act be qualified under W.S. 41-3-401 and 41-3-402 to file for abandonment.

Ingress and egress. Nothing in this act shall grant, nor shall it be construed to grant the right of ingress or egress through or upon private property to reach streams where instream flows are maintained, nor shall it operate or be so construed as to grant any right of eminent d…

Condemnation for municipal water purposes. Notwithstanding W.S. 1-26-505, a city or town may condemn any portion of a water right authorized and acquired under this act for municipal water purposes in the manner provided by law.

Interstate compact and United States supreme court decree. Nothing in this act shall be construed to supersede, impair or abrogate the right of the state of Wyoming to fully utilize and appropriate to consumptive beneficial use, those quantities of water allocated to the state of…