Title 41 — Title 41 — Water

Nature of water rights and beneficial use. A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state relating thereto, and in conformity with the rules and regulations dependent there…

Preferred uses; defined; order of preference. (a) Water rights are hereby defined as follows according to use: preferred uses shall include rights for domestic and transportation purposes, steam power plants, and industrial purposes; existing rights not preferred, may be condemne…

Preferred uses; procedure for change of use. Where it can be shown to the board of control under the provisions hereof, that a preferred use is to be made, the procedure for a change of such use shall embrace a public notice, an inspection and hearing if necessary by and before t…

Procedure to change use or place of use. (a) When an owner of a water right wishes to change a water right from its present use to another use, or from the place of use under the existing right to a new place of use, he shall file a petition requesting permission to make such a c…

Repealed by Laws 1983, ch. 167, § 2.

Procedure to exchange water; delivery of water under exchanges; approval of state engineer; enforcement of exchanges. (a) Any appropriator owning a valid water right in and to the use of the ground, surface or reservoir waters of the state, where the source of the appropriation i…

Submerged lands; petition for change of water rights; conditions; hearing; fees. (a) The state board of control may, upon the written petition of the owners of an adjudicated water right, or water rights appurtenant to lands submerged by the construction of reservoirs in the stat…

Lands taken out of agricultural production or lands taken by eminent domain; retention of priority. (a) Where lands are taken out of agricultural production as the necessary result of acquisitions for railroad roadbed construction, highway construction, mining or petroleum extrac…

Construction of W.S. 41-3-107. The provisions of this act shall be valid notwithstanding the provisions of W.S. 41-3-101.

Right to acquire temporary water rights; application; restrictions; fee. (a) Any person shall have the right to acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, fo…

Right to acquire temporary water rights for highway or railroad roadbed construction or repair; right of owner who cannot satisfy in full his right during time of diversion. The owner of any permanent water right, whether prior or subsequent in priority to that temporary right ac…

Right to acquire temporary water rights for highway or railroad roadbed construction or repair; wrongfully causing diversion to be shut down. It shall be unlawful for any person to wrongfully cause a diversion made under a temporary water right required under and by virtue of thi…

Supplemental supply water rights. A supplemental supply water right is defined as a permit or certificate of appropriation for the diversion, from a stream, of water from a new source of supply for application to lands for which an appropriation of water from a primary source alr…

of conveyance. Petition to change point of diversion or means (a) Any person entitled to the beneficial use of water, whether under a permit issued by the state engineer or a certificate of appropriation issued by the board of control pursuant to W.S. 41-4-511, who desires to cha…

Applications for use of water outside the state. (a) The legislature finds, recognizes and declares that the transfer of water outside the boundaries of the state may have a significant impact on the water and other resources of the state. Further, this impact may differ substant…

(a) Permit for watering livestock on federal land. As used in this section: (i) "Allotment" means a designated area of federal land available for livestock grazing; (ii) "Animal unit month" or "AUM" means the amount of forage needed to sustain one (1) cow and her calf, one (1) ho…

(a) Definitions; short title. As used in this act: (i) "Colorado River basin" shall have the same meaning as defined in the Colorado River Compact and in the Upper Colorado River Basin Compact; (ii) "Colorado River Compact" means the document signed on November 24, 1922, by repre…

sunset. Conservation project applications and approval; (a) Any person with a right to beneficially use water under a valid water right that diverts water from within Wyoming's portion of the Colorado River basin may apply to the state engineer for approval of a conservation proj…

Storage of conserved water. (a) The state engineer and the Wyoming water development office are hereby authorized to pursue the ability to store water conserved under the program in Fontenelle Reservoir. The state engineer and Wyoming water development office are further authoriz…

Definition. All that part and amount of the waters of an interstate stream which, unless prevented by artificial barrier, will enter the state of Wyoming from another state while flowing in a natural stream channel, and which have been, or may hereafter be, determined by final de…

Right to acquire. Anyone may lawfully acquire by purchase or through other negotiations entered into with the owner of a water right in another state or with such other state or with both such owner and state, the right to bring into Wyoming for beneficial use all or any portion …

Transportation in interstate channels. The owner of the right of beneficial use of any foreign water acquired for beneficial use within the state of Wyoming may transport the same in the natural channel of any interstate stream from the state boundary line to the point in the sta…

Duty to supervise delivery; expense. It is hereby made the duty of the Wyoming state engineer, water division superintendents, water commissioners and deputy water commissioners, to supervise the delivery of such foreign water from the state boundary line where it enters the stat…

Rights of owner; priority of claims; subject to appropriation and diversion. The owner of foreign water is hereby declared to have the exclusive right of beneficial use of such foreign water either for immediate application to beneficial use or by impounding the same in a reservo…

Rights of owner; recording of claim. The owner of any foreign water conveyed or allowed to flow into the state of Wyoming from without the boundaries of this state shall file in the office of the secretary of the Wyoming state board of control, within the period of one (1) month …

Rights of owner; right to divert and use. The owners of foreign water may divert and use in priority order, all available water in said stream channel to which such owner may be lawfully entitled under any Wyoming appropriation to the same extent and under the same conditions as …

Diverting from owner prohibited. It shall be unlawful for anyone not the owner thereof to divert and take from the natural channel of any interstate stream designated by the certificate required in W.S. 41-3-206 flowing within the state of Wyoming, any foreign water or in any man…

generally. Change of point of diversion; power to petition Any person, association or corporation having heretofore acquired a right from an adjoining state to the beneficial use of the water of any stream, entering the state of Wyoming and where the point of diversion of the app…

petition. Change of point of diversion; contents of All petitions for such change of point of diversion shall be made to the state board of control setting forth the acreage in each legal subdivision of land irrigated, with the total acreage, together with a map, showing the loca…

Change of point of diversion; endorsement and recording of petition. Upon receipt of the petition by the board of control, it shall be the duty of the president of said board to make an endorsement thereon of the date of its receipt, and to properly record receipt of the petition…

Change of point of diversion; hearing. It shall be the duty of the board of control at its next regular meeting following the receipt of such petition to examine same and ascertain if it sets forth all the facts required by W.S. 41-3-210, and the validity of the water right grant…

Change of point of diversion; rights of applicant upon approval; certificate of appropriation. The approval of the petition shall grant to the applicant the same right in all respects as existed under the laws of the adjoining state as to land to be irrigated, amount of water, an…

Change of point of diversion; fees and costs. The applicant shall pay the statutory fee for a stenographer to take the testimony at each hearing, and provide for a stenographic record of the proceedings, and in addition the administrative costs of the hearing official and the nec…

Change of point of diversion; appeal from adverse decision. Any applicant or person interested, feeling himself aggrieved by the decision of the board of control may appeal from said decision to the district court in the county in which said point of diversion is proposed to be l…

Application for reservoir construction permit; contents; procedure. (a) Any person, corporation, association, or organization, of any nature whatsoever, hereafter intending to store or impound, for beneficial uses, any of the unappropriated waters of the state of Wyoming, shall, …

Application for construction permit; conditions; secondary permit; certificate of appropriation. All applications under this article shall be subject to the provisions of W.S. 41-4-502 through 41-4-510, 41-4-517 and 41-3-615, which set forth the duties and authority of the state …

Use of stored water. The use of water stored under the provisions of this chapter may be acquired under such terms as shall be agreed upon by and between the parties in interest. Lands entitled to the use of water in any reservoir may use the water stored therein, and to which th…

Use of bed of stream. Whenever the owner, manager or lessee of a reservoir, constructed under the provisions of this act, shall desire the use of the bed of the stream, or other water course, for the purpose of carrying stored or impounded water from the reservoir to the consumer…

Direct flow storage. The holder or owner of an adjudicated water right to the direct use of the natural unstored flow of any surface stream of the state may store such direct flow so long as no other Wyoming appropriator or user is injured or affected thereby. Prior to the commen…

Instream stock use. In the administration of water rights on any stream and in the consideration of any applications for permits, the state engineer may require that water be provided to meet reasonable demands for instream stock use.

Alterations or repairs of dams or diversion systems; definitions. (a) As used in this act unless the context otherwise requires: (i) "Alterations" or "repairs" means only such alterations or repairs as may directly affect the safety of the dam or diversion system, as determined b…

Alterations or repairs of dams or diversion systems; plans and specifications; duties of state engineer. (a) Plans and specifications of any proposed construction, enlargement, major repair, alteration or removal of a dam or diversion system shall be prepared by or under the dire…

Alterations or repairs of dams or diversion systems; inspections performed and reports submitted to state engineer by professional engineer. (a) A registered professional engineer licensed to practice in the state of Wyoming shall be in charge of and responsible for the construct…

Alterations or repairs of dams or diversion systems; inspections by state engineer or assistant engineer; cost. (a) If the state engineer believes that inspections carried out under W.S. 41-3-309 are inadequate or that additional inspections are necessary, the state engineer may …

Alterations or repairs of dams or diversion systems; periodic inspections. (a) Any dam subject to the terms of this act shall be inspected at least once every ten (10) years or as often as deemed necessary based on the hazards of the dam to insure the continued protection of publ…

Alterations or repairs of dams or diversion systems; inspections at other than regular times; cost; unsafe structures. (a) The state engineer may, or upon written request from any person or persons residing on or owning land near any dam, reservoir or diversion system shall, orde…

Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching. (a) All dams and reservoirs hereafter constructed, with or without a controlled inlet, shall contain an outlet controlled by a headgate or other control works. The headgate or contro…

Alterations or repairs of dams or diversion systems; emergency repairs or breaching. (a) In case of an emergency where the state engineer or his authorized representative declares that repairs or breaching of a dam or diversion system are immediately necessary to safeguard life a…

Alterations or repairs of dams or diversion systems; enforcement of provisions. For any reservoir the state engineer may enforce any sections of this act in such manner and by such means as may be necessary to insure the safety of the public and protection of property.

Alterations or repairs of dams or diversion systems; actions brought against state, state engineer or employees prohibited. (a) No action shall be brought against the state or the state engineer or any of his agents or employees for the recovery of damages caused by the partial o…