Title 41, Title 41 — Water
14 chapters · 747 sections in this title.
W.S. § 41-1-101 Permit for construction of Glendo Reservoir and storage of water; restrictions; adjudication of water rights after issuance
1.1K chars
Permit for construction of Glendo Reservoir and storage of water; restrictions; adjudication of water rights after issuance. (a) That the state engineer of the state of Wyoming is hereby authorized to approve when prepared in proper form and checked against his records, the appli…
W.S. § 41-1-105 Use of underground water in adjoining state; adjudication by board of control
0.3K chars
Use of underground water in adjoining state; adjudication by board of control. After issuance of the permit under legislative authority and completion of the work according to the terms of the permit, the board of control may adjudicate said underground water rights upon proof of…
W.S. § 41-1-106 Water and related land resources planning; commission's responsibility
0.4K chars
Water and related land resources planning; commission's responsibility. The commission is responsible for the coordination of Wyoming's water and related land resources planning and with the approval of the governor is authorized to enter into contracts and agreements with the Un…
W.S. § 41-1-107 Water and related land resources planning; authority of commission
0.7K chars
Water and related land resources planning; authority of commission. (a) With the approval of the governor the commission is authorized to accept federal funds through grants or matching funds or from other sources for water and related land resources planning. (b) The commission …
W.S. § 41-1-108 Water and related land resources planning; dispositions of monies and commission offices
0.7K chars
Water and related land resources planning; dispositions of monies and commission offices. (a) Any funds so received shall be deposited with the state treasurer, to be accounted for as provided by law. Money may be expended as provided by law. All records, property, personnel posi…
W.S. § 41-1-109 Interference with natural flow of thermal springs; authority to correct
0.2K chars
Interference with natural flow of thermal springs; authority to correct. The state engineer is given the authority to abolish, correct, discontinue or stop any condition which interferes with the natural flow of any thermal spring on state lands.
W.S. § 41-1-110 Interference with natural flow of thermal springs; nonthermal water or mineral development
0.3K chars
Interference with natural flow of thermal springs; nonthermal water or mineral development. Nothing in this act shall be construed to limit any nonthermal water, or mineral development so long as said development does not interfere with the natural flow of the thermal springs cov…
W.S. § 41-1-111 Interference with natural flow of thermal springs; injunctive relief
0.1K chars
Interference with natural flow of thermal springs; injunctive relief. The state engineer may seek injunctive relief to implement this act.
W.S. § 41-1-112 Conducting business electronically
0.2K chars
Conducting business electronically. The state engineer's office may allow its business to be conducted electronically as provided by the Uniform Electronic Transactions Act, W.S. 40-21-118.
W.S. § 41-2-107 Water resources plans; review; submission to commission
0.4K chars
Water resources plans; review; submission to commission. The commission shall formulate and from time to time review and revise water and related land resources plans for the state of Wyoming and for appropriate regions and river basins. The plans shall implement the policies sta…
W.S. § 41-2-108 Water resources plans; powers of commission
1.1K chars
Water resources plans; powers of commission. (a) In the formulation of these plans the commission may: (i) Repealed by Laws 1979, ch. 59, § 5. (ii) Consult with and receive the views of persons, local groups and organizations representing water users, special interests, industrie…
W.S. § 41-2-109 Water resources plans; contents
1.3K chars
Water resources plans; contents. (a) The water resources plans shall, to the extent deemed practical: (i) Identify, describe and inventory the occurrence, amounts, availability and quality of water resources, current uses of water, activities that affect the quality of water, and…
W.S. § 41-2-110 Water resources plans; duties of commission
0.6K chars
Water resources plans; duties of commission. (a) The commission shall: (i) Publish the water resources plans as they are formulated and adopted and disseminate them to people, industries and government departments and agencies; (ii) Give advice and assistance if requested to gove…
W.S. § 41-2-111 Suits for enforcement of water rights; appeals from decisions of state engineer and state board of control
1.5K chars
Suits for enforcement of water rights; appeals from decisions of state engineer and state board of control. (a) Upon the request of the state engineer, the attorney general shall bring suit in the name of the state of Wyoming, in the proper district court, to enjoin the unlawful …
W.S. § 41-2-112 Wyoming water development program
2.5K chars
Wyoming water development program. (a) The Wyoming water development program is established to foster, promote and encourage the optimal development of the state's human, industrial, mineral, agricultural, water and recreational resources. The program shall provide, through the c…
W.S. § 41-2-113 Definitions
0.7K chars
Definitions. (a) As used in W.S. 41-1-106 through 41-1-108 and 41-2-107 through 41-2-118: (i) "Project" means any dam, reservoir, canal, ditch, well or well field, hydroelectric power plant, regulatory work and all works and facilities necessary for the supply and utilization of …
W.S. § 41-2-114 Development of water projects; rehabilitation of water projects
8.0K chars
Development of water projects; rehabilitation of water projects. (a) The commission shall, on the basis of the state water plan or as otherwise directed by the legislature and after consultation with and advice from state agencies and officials, other appropriate agencies and off…
W.S. § 41-2-115 Report; authorization; assignment
2.2K chars
Report; authorization; assignment. (a) In preparation of the final concept design under W.S. 41-2-114(a)(ii), the commission shall after giving public notice hold a public hearing within the affected water division. Any interested person, association or state or federal agency ma…
W.S. § 41-2-116 Water rights
0.8K chars
Water rights. (a) The director of the Wyoming water development office shall, at the direction of the governor, file applications in the name of the state of Wyoming for permits to appropriate water, to construct dams and other works, and to take the steps necessary to acquire, m…
W.S. § 41-2-117 Wyoming water development commission; membership; removal; terms
2.4K chars
Wyoming water development commission; membership; removal; terms. (a) The Wyoming water development commission is created to consist of ten (10) members. The membership shall include: (i) Nine (9) persons, two (2) shall be residents appointed from each water division of the state…
W.S. § 41-2-118 Powers, duties, salaries and expenses of commission
3.7K chars
Powers, duties, salaries and expenses of commission. (a) The commission shall: (i) Repealed by Laws 1992, ch. 42, § 4. (ii) Have authority to contract for legal counsel upon approval of the governor to assist in matters related to water resource development as directed by the com…
W.S. § 41-2-119 Groundwater studies
2.0K chars
Groundwater studies. (a) The Wyoming water development commission may grant not to exceed eight million eight hundred thousand dollars ($8,800,000.00) to incorporated cities and towns, water and sewer districts and improvement and service districts in Wyoming for exploration for …
W.S. § 41-2-120 Approval of loans, construction or water contracts and agreements
0.4K chars
Approval of loans, construction or water contracts and agreements. All loans, construction or water contracts and agreements to which the state is a party, entered into pursuant to this act or W.S. 41-2-114, shall be submitted to the select [water] committee for thirty (30) days …
W.S. § 41-2-121 Criteria for water development projects; disclosure of personal interests by commission
4.9K chars
Criteria for water development projects; disclosure of personal interests by commission. (a) The water development commission shall establish criteria for evaluation and administration of water development projects. Criteria shall include but not be limited to the following: (i) …
W.S. § 41-2-122 Protection and rights of landowner
1.5K chars
Protection and rights of landowner. (a) The Wyoming water development commission shall include in the planning process at Level I notification to a landowner whose lands may be flooded or otherwise physically affected, as determined by the administrator. The commission shall incl…
W.S. § 41-2-123 Project studies generally; hearings; reimbursement of costs; source of funding; use of unobligated funds; recommendations to legislature
2.2K chars
Project studies generally; hearings; reimbursement of costs; source of funding; use of unobligated funds; recommendations to legislature. (a) The commission, after public notice, is authorized to conduct public workshops and public hearings in the affected regions on projects whi…
W.S. § 41-2-124 Accounts created; unexpended balance
6.1K chars
Accounts created; unexpended balance. (a) The following accounts are created: (i) Water development account I into which shall be deposited revenues pursuant to law; (ii) Water development account II into which shall be deposited revenues pursuant to law; (iii) Water development …
W.S. § 41-2-125 Office of water programs created; duties; annual report
0.9K chars
Office of water programs created; duties; annual report. (a) There is created the office of water programs within the office of research at the University of Wyoming. The office of water programs shall: (i) Work directly with the director of the Wyoming water development office t…
W.S. § 41-2-1301 Transfer of water authorized; conditions
2.4K chars
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
1.3K chars
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
1.2K chars
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
0.6K chars
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
1.7K chars
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. § 41-3-106 Procedure to exchange water; delivery of water under exchanges; approval of state engineer; enforcement of exchanges
4.2K chars
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
3.1K chars
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
1.6K chars
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
0.1K chars
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
3.7K chars
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
0.7K chars
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
0.4K chars
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
1.4K chars
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 Petition to change point of diversion or means of conveyance
5.2K chars
Petition to change point of diversion or means of conveyance. (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
6.5K chars
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 Permit for watering livestock on federal land
2.4K chars
Permit for watering livestock on federal land. (a) 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 Definitions; short title
2.4K chars
Definitions; short title. (a) 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 Conservation project applications and approval; sunset
10.0K chars
Conservation project applications and approval; sunset. (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
1.5K chars
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
1.0K chars
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
0.4K chars
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
0.8K chars
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…