Title 41 — Title 41 — Water
15 chapters · 814 sections in this title.
W.S. § 41-2-214 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-214 by Laws 2009, Ch. 168, § 401.
W.S. § 41-2-215 Repealed by Laws 1982, ch
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Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-215 by Laws 2009, Ch. 168, § 401. Part 4. Hawk Springs
W.S. § 41-2-216 Renumbered as 99-99-216 by Laws 2009, Ch
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Renumbered as 99-99-216 by Laws 2009, Ch. 168, §
W.S. § 41-2-217 Renumbered as 99-99-217 by Laws 2009, Ch
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Renumbered as 99-99-217 by Laws 2009, Ch. 168, §
W.S. § 41-2-218 Renumbered as 99-99-218 by Laws 2009, Ch
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Renumbered as 99-99-218 by Laws 2009, Ch. 168, § 401. 401. 401. Part 5. Shell Canal
W.S. § 41-2-219 Renumbered as 99-99-219 by Laws 2009, Ch
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Renumbered as 99-99-219 by Laws 2009, Ch. 168, §
W.S. § 41-2-220 Renumbered as 99-99-220 by Laws 2009, Ch
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Renumbered as 99-99-220 by Laws 2009, Ch. 168, §
W.S. § 41-2-221 Renumbered as 99-99-221 by Laws 2009, Ch
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Renumbered as 99-99-221 by Laws 2009, Ch. 168, §
W.S. § 41-2-222 Renumbered as 99-99-222 by Laws 2009, Ch
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Renumbered as 99-99-222 by Laws 2009, Ch. 168, § 401. 401. 401. 401.
W.S. § 41-2-301 Renumbered as 99-99-301 by Laws 2009, Ch
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Renumbered as 99-99-301 by Laws 2009, Ch. 168, § 401.
W.S. § 41-2-401 Renumbered as 99-99-401 by Laws 2009, Ch
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Renumbered as 99-99-401 by Laws 2009, Ch. 168, § 401.
W.S. § 41-2-501 401
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401. Renumbered as 99-99-501 by Laws 2009, Ch. 168, §
W.S. § 41-2-502 Renumbered as 99-99-502 by Laws 2009, Ch
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Renumbered as 99-99-502 by Laws 2009, Ch. 168, §
W.S. § 41-2-503 Renumbered as 99-99-503 by Laws 2009, Ch
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Renumbered as 99-99-503 by Laws 2009, Ch. 168, §
W.S. § 41-2-504 Renumbered as 99-99-504 by Laws 2009, Ch
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Renumbered as 99-99-504 by Laws 2009, Ch. 168, §
W.S. § 41-2-505 Renumbered as 99-99-505 by Laws 2009, Ch
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Renumbered as 99-99-505 by Laws 2009, Ch. 168, §
W.S. § 41-2-506 Renumbered as 99-99-506 by Laws 2009, Ch
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Renumbered as 99-99-506 by Laws 2009, Ch. 168, § 401. 401. 401. 401. 401.
W.S. § 41-2-601 Renumbered as 99-99-601 by Laws 2009, Ch
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Renumbered as 99-99-601 by Laws 2009, Ch. 168, § 401.
W.S. § 41-2-701 Renumbered as 99-99-701 by Laws 2009, Ch
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Renumbered as 99-99-701 by Laws 2009, Ch. 168, § 401.
W.S. § 41-2-901 Repealed by Laws 1988, ch
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Repealed by Laws 1988, ch. 79, § 11.
W.S. § 41-2-1001 § 401
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§ 401. Renumbered as 99-99-1001 by Laws 2009, Ch. 168,
W.S. § 41-2-1101 § 401
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§ 401. Renumbered as 99-99-1101 by Laws 2009, Ch. 168,
W.S. § 41-2-1201 § 401
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§ 401. Renumbered as 99-99-1201 by Laws 2009, Ch. 168,
W.S. § 41-2-1301 Transfer of water authorized; conditions
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Transfer of water authorized; conditions. (a) Pursuant to W.S. 41-3-115, the United States Bureau of Reclamation and the Wyoming water development office are hereby authorized to transfer a maximum of thirty-three thousand four hundred ninety-three (33,493) acre feet of storage w…
W.S. § 41-3-101 Nature of water rights and beneficial use
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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…
W.S. § 41-3-102 Preferred uses; defined; order of preference
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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…
W.S. § 41-3-103 Preferred uses; procedure for change of use
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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…
W.S. § 41-3-104 Procedure to change use or place of use
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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…
W.S. § 41-3-105 Repealed by Laws 1983, ch
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Repealed by Laws 1983, ch. 167, § 2.
W.S. § 41-3-106 Procedure to exchange water; delivery of water under exchanges; approval of state engineer; enforcement of exchanges
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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…
W.S. § 41-3-107 Submerged lands; petition for change of water rights; conditions; hearing; fees
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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…
W.S. § 41-3-108 Lands taken out of agricultural production or lands taken by eminent domain; retention of priority
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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…
W.S. § 41-3-109 Construction of W.S
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Construction of W.S. 41-3-107. The provisions of this act shall be valid notwithstanding the provisions of W.S. 41-3-101.
W.S. § 41-3-110 Right to acquire temporary water rights; application; restrictions; fee
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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…
W.S. § 41-3-111 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
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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…
W.S. § 41-3-112 Right to acquire temporary water rights for highway or railroad roadbed construction or repair; wrongfully causing diversion to be shut down
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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…
W.S. § 41-3-113 Supplemental supply water rights
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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…
W.S. § 41-3-114 of conveyance
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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…
W.S. § 41-3-115 Applications for use of water outside the state
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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…
W.S. § 41-3-116 (a) Permit for watering livestock on federal land
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(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…
W.S. § 41-3-117 (a) Definitions; short title
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(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…
W.S. § 41-3-118 sunset
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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…
W.S. § 41-3-119 Storage of conserved water
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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…
W.S. § 41-3-201 Definition
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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…
W.S. § 41-3-202 Right to acquire
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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 …
W.S. § 41-3-203 Transportation in interstate channels
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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…
W.S. § 41-3-204 Duty to supervise delivery; expense
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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…
W.S. § 41-3-205 Rights of owner; priority of claims; subject to appropriation and diversion
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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…
W.S. § 41-3-206 Rights of owner; recording of claim
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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 …
W.S. § 41-3-207 Rights of owner; right to divert and use
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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 …