Title 41 — Title 41 — Water

(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…

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…

(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 …

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.

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

(a) Definitions; classification of motorboats. As used in this act: (i) commission; "Commission" means the Wyoming game and fish (ii) department; "Department" means the Wyoming game and fish (iii) "Motorboat" means any watercraft propelled in any respect by propulsion machinery p…

Class D. Forty (40) feet or over. Motorboat certificate of number required. (a) Except as provided by W.S. 41-13-103, all motorboats powered by propulsion machinery of any type and operated on the waters of this state shall be numbered. (b) No person shall operate nor shall the o…

Motorboats to be numbered; exempt motorboats. (a) A motorboat shall not be required to be numbered under this act if it is: (i) Already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of an…

Application for certificate; issuance of certificate and assignment of number; conformity with federal numbering system; expiration and renewal of certificate; transfer of ownership; duplicate certificate; manufacturer and dealer certificates. (a) The owner of each motorboat requ…

Watercraft accidents or collisions; duty to render aid; reportable accidents; operators required to report; accident investigation; seizure of watercraft. (a) The operator of a watercraft involved in a collision, accident or other casualty, so far as he can do so without serious …

government. Accident report information to federal Upon the request of an authorized official or agency of the United States, any information compiled or otherwise available to the department pursuant to W.S. 41-13-105 shall be transmitted to the requesting official or agency.

watercraft. Political subdivisions not to number This act governs the numbering and registration of watercraft on the waters of this state. All other political subdivisions of this state are expressly prohibited from numbering watercraft in any respect.

Publication and distribution of regulations. A copy of the regulations adopted pursuant to this act, and of any amendments thereto, shall be published by the department in a convenient form and a copy shall be distributed with each registration.

Motorboat registration fee. (a) The nonrefundable and nontransferable registration fee for motorboats is: (i) Thirty dollars ($30.00) for one (1) year; or (ii) Eighty dollars ($80.00) for three (3) years. (b) In addition to the fee under subsection (a) of this section, persons re…

Disposition of registration fees. (a) Except as provided under subsection (b) of this section, all registration fees received under this act shall be deposited in the state treasury to the credit of the game and fish fund to be used for administration and enforcement of this act.…

Prohibited acts; penalties. (a) No person shall intentionally or knowingly deface, alter, remove or destroy a vessel hull identification number (HIN) or an engine or outboard motor serial number. (b) No person shall intentionally or knowingly provide false information in a report…

Repealed by Laws 1979, ch. 112, § 2.

Provisions applicable to all watercraft in state; supplemental to federal laws and regulations. The provisions of this act shall be applicable to all watercraft operating on all of the waterways of this state. The provisions of this act shall be construed to supplement federal la…

Careless operation defined. Any person who operates any watercraft in a careless or heedless manner so as to be indifferent to the person or property of another person, or at a rate of speed greater than will permit him in the exercise of reasonable care to bring the watercraft t…

Reckless operation defined. Any person who shall operate any watercraft in such a manner as to endanger the life or limb, or damage the property of, another person, shall be guilty of the crime of reckless operation.

171, § 5. Repealed by Laws 1982, ch. 75, § 5; 1983 ch.

Operation of watercraft by intoxicated or drugged person prohibited. (a) As used in this section: (i) "Alcohol concentration" means as defined in W.S. 31-5-233(a)(i); (ii) "Controlled substance" includes: (A) 35-7-1002(a)(iv); Any drug or substance defined by W.S. (B) Any glue, a…

Operation of watercraft by person under disability prohibited. It shall be unlawful for the owner of any watercraft or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disabil…

Overloading prohibited. Watercraft shall not be loaded with passengers or cargo beyond its safe carrying capacity as stated on the capacity plate and affixed to the watercraft by the manufacturer, taking into consideration weather and other existing operating conditions. Capacity…

Overpowered watercraft prohibited; horsepower rating plates; mufflers required. (a) No watercraft shall be equipped with any motor or other propulsion machinery that has a horsepower rating exceeding the maximum stated on the capacity plate approved and issued by the United State…