Title 41, Title 41 — Water

Publication of resolution or other proceedings relative to issuance of bonds; right of interested person to contest legality within 30 days; incontestable thereafter. The board may provide for the publication once in a newspaper of general circulation in the district of any resol…

Payment of preliminary expenses incurred in making surveys, estimates of costs and revenues prior to issuance of bonds. The district may provide for the payment of all necessary preliminary expenses actually incurred in the making of surveys, estimates of costs and revenues, the …

Refunding bonds. Any bonds issued under this act may be refunded without an election pursuant to a resolution or resolutions to be adopted by the board in the manner herein provided for the issuance of other bonds, subject to any contractual limitations. Refunding bonds so issued…

Duty of board to impose tolls, fees and charges sufficient to pay cost of operating project and pay principal and interest on revenue bonds. Whenever revenue bonds are issued hereunder, it shall be the duty of the board to impose, in connection with the project for which the bond…

Exemption of property and bonds from taxation. The effectuation of the authorized purposes of districts organized under this act shall and will be in all respects for the benefit of the people of the state of Wyoming residing within the district, for the increase of their commerc…

Authority of municipalities, counties and special districts to transfer projects and property to district with or without consideration. Any municipality, county, special district or owner may and is hereby authorized to sell, lease, grant, convey, transfer, or pay over to any di…

Questions of validity to be given preference on court docket. All cases in which there may arise a question of validity of the organization of the district, or a question of the validity of any provision of this act shall be advanced as a matter of immediate public interest and c…

Effect of failure to give notice; board of county commissioners to direct notice be given and continue hearing. If notice is provided for in this act, and the board of county commissioners finds for any reason that due notice was not given, the board of county commissioners shall…

Reorganization of sanitary and improvement districts as sewer district or water and sewer district. Any sanitary and improvement district organized pursuant to the provisions of W.S. 35-3-101 through 35-3-124 may effect its reorganization as a sewer district or water and sewer di…

Full authority for authorization and issuance of bonds; effect on other statutes. This act, without reference to other statutes of the state, except as herein specifically provided, shall constitute full authority for the authorization and issuance of bonds hereunder. No other ac…

Liberal construction. This act being necessary to secure the public health, safety, convenience and welfare, it shall be liberally construed to effect its purposes.

Finances administered according to the Uniform Municipal Fiscal Procedures Act. The board of directors of the water and sewer districts shall administer the finances of such districts according to the provisions of the Uniform Municipal Fiscal Procedures Act, except that an annua…

City or town may annex areas within sewer or water district. Any city or town may annex areas to its corporate limits in accordance with the statutes governing annexation of territories to cities and towns which territories fall within existing water, sewer, or water and sewer di…

Obligations and authority remain with district. Upon the annexation of such territory the securities of the district, including but not limited to short-term notes, general obligation bonds and other like securities, revenue bonds and other like securities, special assessment bon…

Administration may be transferred to city or town by agreement. Concurrently with the annexation of such territory the city or town and districts may by agreement provide that the administration of any outstanding indebtedness of the district may be taken over by the city or town…

Obligation to provide services remains with district; limitation. The territory and inhabitants of the annexed area have all rights, privileges and duties set forth in W.S. 15-1-410 except the city or town shall have no obligation to furnish water or sewerage services to the inha…

Bonding authority of city or town to acquire district facilities; limitations; administration of indebtedness. (a) Any city or town may acquire by purchase, gift or otherwise the plant facility and equipment of such district and incorporate the plant facility and equipment into i…

Application. The provisions of this act shall not be effective unless a majority of landowners owning more than half of the land sought to be annexed under this act approve the annexation and the nonassumption of indebtedness by the municipality.

Duties of attorney general. The attorney general shall be the legal advisor to the commission and it shall be his duty to defend any suit or suits that may be instituted against the state of Wyoming, or against the water users and appropriators from this state, by the United Stat…

Appointment of commissioners to serve on joint commission; ratification of compacts; governor may serve as commissioner. (a) The governor of the state of Wyoming shall appoint any commissioners necessary to represent Wyoming on any joint commission to be composed of commissioners…

Designation of commissioners to represent state on all interstate compacts; service of governor on compact commission. The governor of Wyoming shall appoint and designate such commissioners as may be necessary to represent the state of Wyoming on all negotiated interstate compact…

Authority of commissioners; investigations. Any commissioner appointed to serve under the provisions of any interstate water compact or in the negotiation of an interstate water compact or any other person designated by the governor to do so, shall have full authority to make any…

Assistant commissioners. The governor may appoint assistant commissioners to aid and assist him, or any interstate streams commissioner appointed by him, in the negotiations for determination of the equitable division of the waters of all Wyoming interstate streams, to serve only…

Mileage, per diem and compensation for commissioners and assistant commissioners. Each and every commissioner and assistant commissioner appointed to represent the state of Wyoming on an interstate compact or in the negotiation thereof shall be paid per diem and compensation in t…

Depository of records relating to interstate streams and water compacts. The office of the state engineer is hereby designated as the depository of all records, reports and materials relating to interstate streams and water compacts and the activities of all commissioners, admini…

Short title. This article shall be known and may be cited as the "Wyoming Colorado River Advisory Committee Act."

Wyoming Colorado River advisory committee; purpose; membership. (a) The Wyoming Colorado River advisory committee is created within the state engineer's office. The state engineer's office shall provide administrative services and staffing for the committee. (b) The purpose of th…

State engineer duties; dissemination of information. (a) The state engineer or the state engineer's designated representative shall provide information and data to the committee regarding potential or existing programs, compact obligations or water administration issues or decisi…

Applicability of public meetings act. The Wyoming Colorado River advisory committee shall not be considered an agency as defined in W.S. 16-4-402(a)(ii) for the purposes of W.S. 16-4-401 through 16-4-408. When practicable, meetings of the committee shall be advertised and open to…

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…

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…

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 …

Definitions. (a) 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…

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…

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.

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…

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…

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…

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.

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.

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…

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…

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…

Application of compact. (a) 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 …

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…

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.