reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-908 - Division Advisory Committee; Appointment; Removal; Duties; Expense Allowances.

41-3-908. Division advisory committee; appointment; removal; duties; expense allowances.
(a) In each of the water divisions of the state, as defined in W.S. 41-3-501, there shall be established a division advisory committee on underground water. Each committee shall consist of three (3) persons, appointed by the governor, who shall in making such appointments, select persons who, in his opinion, will adequately represent the landowners and water users of the division, the geographical areas of the division and the public interest. The first committee in each division shall consist of one (1) member appointed for a term of two (2) years, one (1) member appointed for a term of four (4) years, and one (1) member appointed for a term of six (6) years. Their successors shall each be appointed for a term of six (6) years. The governor may remove any member of any advisory committee as provided in W.S. 9-1-202.
(b) The duties of the division advisory committee on underground water are:
(i) To call and supervise the election of the members of control area advisory boards;
(ii) To assist and advise the state engineer and the board regarding policies that affect the underground water of this state, such assistance and advice to consider both the interests of underground water users and the interests of the general public;
(iii) To provide advice and assistance to the state engineer and superintendents in arriving at solutions to underground water problems as they arise within the water division;
(iv) To provide advice and assistance to control area advisory boards, particularly in the development of control measures which are recommended to the state engineer for adoption;
(v) To provide underground water users within the division with information relative to the policies and procedures of the state engineer and board which affect the use of underground water.
(c) The members of each of the division advisory committees shall receive the same per diem, mileage and expense allowances while attending and traveling to and from control area board meetings and other official business of the committee in the same manner and amount as employees of the state.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-909 - State Engineer; Powers Generally.

41-3-909. State engineer; powers generally.
(a) In the administration and enforcement of this act and in the effectuation of the policy of the state to conserve its underground water resources, the state engineer is authorized and empowered on advice and consent of the board of control:
(i) To prescribe such rules and regulations as may be necessary or desirable to enable him to efficiently administer this act;
(ii) To require such reports from well drillers as may be necessary or desirable;
(iii) To require such annual reports from underground water users as may be necessary or desirable;
(iv) To make such investigations as may be necessary or desirable, and to cooperate in such investigations with agencies of the United States, agencies of this state or any other state, political subdivision of this state, any public or private corporation, or any association or individual;
(v) To make regulations concerning the spacing, distribution and location of wells in critical areas;
(vi) To establish standards for the construction of wells, to work with the division advisory board, governmental subdivisions, and water user organizations to encourage the adoption of local standards of beneficial use and methods of conveyance and application of water designed to conserve and prevent waste of supplies;
(vii) To require, whenever practical, all flowing wells to be so capped or equipped that the flow of water can be stopped when the wells are not in use, and to require both flowing and nonflowing wells to be so constructed and maintained as to prevent the waste of underground water either above or below the land surface;
(viii) To require the abatement of any condition, or the sealing of any well, responsible for the admission of polluting materials into an underground water supply;
(ix) To delegate any of the duties and powers imposed or granted by this act, to the deputy state engineer or to an assistant state engineer, or other qualified member of his staff;
(x) To bring suit to enjoin the construction of illegal wells or the withdrawal or use of water therefrom, or to enforce any of the provisions of this act or of orders issued thereunder, and to intervene in any action or proceeding when it appears that the determination of such action or proceeding may result in the depletion of underground water resources of the state contrary to the policy expressed in this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-910 - State Engineer; Power to Determine Area and Boundaries of Districts.

41-3-910. State engineer; power to determine area and boundaries of districts.
The state engineer is authorized and directed to determine the area and boundaries of districts overlying the various aquifers yielding underground waters in this state and to assign to each district a distinctive name or number. He may establish subdistricts when parts of an aquifer require or may require separate regulations from the rest. He may alter the boundaries of such districts and subdistricts at any time. He may establish different districts for different aquifers that overlie each other in whole or in part.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-911 - Authority to Order Interfering Appropriator to Cease Withdrawals of Water; Hearing Complaints by Appropriators.

41-3-911. Authority to order interfering appropriator to cease withdrawals of water; hearing complaints by appropriators.
(a) Whenever a well withdrawing water for beneficial purposes shall interfere unreasonably with an adequate well developed solely for domestic or stock uses as defined in W.S. 41-3-907, whether in a control area or not, the state engineer may, on complaint of the operator of the stock or domestic well, order the interfering appropriator to cease or reduce withdrawals of underground water, unless such appropriator shall furnish at his own expense, sufficient water at the former place of use to meet the need for domestic or stock use. In case of interference between two (2) wells utilizing water for stock or domestic use as defined in W.S. 41-3-907, the appropriation with the earliest priority shall have the better right.
(b) Any appropriator of either surface or underground water may file a written complaint alleging interference with his water right by a junior right. Complaints are to be filed with the state engineer and are to be accompanied by a fee of one hundred dollars ($100.00) to help defray costs of investigation. This section is not applicable to interference between two (2) surface water rights. Upon receiving the complaint and fee, the state engineer shall undertake an investigation to determine if the alleged interference does exist. Following the investigation, the state engineer shall issue a report to all interested parties stating his findings. The report may suggest various means of stopping, rectifying or ameliorating the interference or damage caused thereby.
(c) Any interested appropriator who is dissatisfied with the results of the foregoing procedure may proceed under the applicable provisions of the Wyoming Administrative Procedure Act. If a hearing is to be held, it shall be held before the appropriate water division superintendent. The superintendent shall report to the board of control at its next meeting. The board shall issue its order to include findings of fact and conclusions of law.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-916 - Priority of Rights When 1 Source of Supply.

41-3-916. Priority of rights when 1 source of supply.
Where underground waters in different aquifers are so interconnected as to constitute in fact one source of supply, or where underground waters and the waters of surface streams are so interconnected as to constitute in fact one source of supply, priorities of rights to the use of all such interconnected waters shall be correlated and such single schedule of priorities shall relate to the whole common water supply. The state engineer may by order adopt any of the corrective controls specified in W.S. 41-3-915.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-917 - Change of Location of Well Without Loss of Priority; Appeal From Action of State Board of Control or State Engineer.

41-3-917. Change of location of well without loss of priority; appeal from action of state board of control or state engineer.
(a) An appropriator of underground water may change the location of his well to a point within the same aquifer in the vicinity of the original location, without loss of priority, by securing approval of the state board of control if the groundwater right has been adjudicated or if the groundwater right has not been adjudicated but the water has been applied to beneficial use. In cases involving domestic or stock water wells which are not adjudicated but the water has been applied to beneficial use, the state engineer may approve a change of location. If the right is not adjudicated and the water has not been applied to beneficial use, approval for the change in location may be granted by the state engineer. No petition shall be granted if the rights of other appropriators shall be injuriously affected thereby. No petition granted shall increase the total amount of the appropriation of water set forth in the original permit. The state board of control and the state engineer may make such regulations as may be necessary to carry out the provisions of this section. The state engineer may approve a change of well location even if water has not been applied to a beneficial use.
(b) A decision by the state engineer granting or denying a petition to change the location of an unadjudicated right under this section may be appealed to the board of control. An appeal may be taken to the district court pursuant to W.S. 16-3-101 through 16-3-115 from an order of the board of control:
(i) Affirming or reversing a decision of the state engineer appealed to the board under this subsection; or
(ii) Granting or denying a petition to change the location of an adjudicated right under this section.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-918 - Appeals.

41-3-918. Appeals.
Any person aggrieved by an order of the board or of the state engineer concerning underground water, or by their or his failure to act, may appeal in the manner provided by W.S. 41-4-517, and the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-919 - Prohibited Acts; Penalty for Violation.

41-3-919. Prohibited acts; penalty for violation.
Any person who withdraws underground water or who fails to stop or reduce the flow of underground water in violation of any order of the state engineer made pursuant to this act, or any person who does not have a permit, certificate or vested right to appropriate underground water who shall withdraw underground water from any well other than a well for stock or domestic purposes as defined in W.S. 41-3-907, is guilty of a misdemeanor and upon conviction shall be punished under W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-931 - Application; When Granted Generally; Denial Subject to Review; Defects and Corrections Generally; Cancellation.

41-3-931. Application; when granted generally; denial subject to review; defects and corrections generally; cancellation.
An application for a permit for a well in any areas not designated as a critical area shall be granted as a matter of course, if the proposed use is beneficial and, if the state engineer finds that the proposed means of diversion and construction are adequate. If the state engineer finds that to grant the application as a matter of course, would not be in public's water interest, then he may deny the application subject to review at the next meeting of the state board of control. If the state engineer shall find that the proposed means of diversion or construction are inadequate, or if the application is otherwise defective, he may return the application for correction. If such correction is not made within ninety (90) days, the state engineer may cancel the application.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-933 - Express Conditions Limiting Rights of Appropriator; Additional Conditions.

41-3-933. Express conditions limiting rights of appropriator; additional conditions.
It is an express condition of each underground water permit that the right of the appropriator does not include the right to have the water level or artesian pressure at the appropriator's point of diversion maintained at any level or pressure higher than that required for maximum beneficial use of the water in the source of supply. The state engineer may issue any permits subject to such conditions as he may find to be in the public interest.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-934 - Time Limits to Complete Construction; Extensions; Cancellation Generally.

41-3-934. Time limits to complete construction; extensions; cancellation generally.
If the permit is granted, the applicant shall complete the construction and apply the water to beneficial use before the date specified in the conditions of approval, which shall not be more than three (3) years after the date of approval. The state engineer may extend the period or cancel the permit in accordance with the procedures set forth in W.S. 41-4-506.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-935 - Adjudication Procedure.

41-3-935. Adjudication procedure.
(a) Any person constructing any well under a permit shall, within thirty (30) days after the completion or abandonment of such work, report to the state engineer the data required relating to such well, on forms furnished by the state engineer. A well shall be considered complete when it is possible to install a pump and pump water. In the case of an artesian well, completion is the time when the drill rig is moved off of the drilling site.
(b) Adjudication of all ground water rights except stock watering and domestic uses of ground water referenced in W.S. 41-3-907 shall proceed upon completion of the work according to the terms of the permit and the recording on forms furnished by the state engineer of such information as is deemed necessary concerning the works, and the filing of a map signed by a Wyoming licensed professional engineer or land surveyor, showing the location of the well and the point or points of use. The state engineer or his authorized representative shall inspect the works, the lands irrigated or other uses being made of the water upon receipt of the map. The adjudication of stock watering and domestic uses of ground water referenced in W.S. 41-3-907 may be initiated by the state engineer or the appropriator of record and will not require the filing of a map signed by a Wyoming licensed professional engineer or land surveyor, showing the location of the well and the points and areas of use or require the inspection by the state engineer or his authorized representative of the works, the lands irrigated or other uses being made of the water unless, in the discretion of the state engineer, such procedures are deemed necessary and appropriate. At this time the board may consider for adjudication the ground water rights upon proof of beneficial use being submitted by the appropriator.
(c) Adjudication shall proceed in the same manner prescribed for the adjudication of surface water appropriations once the state engineer or his authorized representative has reported his findings to the board. A ground water appropriation attaches to the land for irrigation, or for such other purposes or object for which it was acquired.
(d) In the interest of an orderly adjudication procedure for ground water, the state engineer, with the concurrence of the board, may order adjudication of any ground water appropriations in the state. Upon one (1) year notice, any appropriator whose appropriation is to be adjudicated shall furnish the state engineer all of the documents mentioned in subsection (b) of this section. If any appropriator refuses to supply any of this information, the superintendent may tag and lock the well. Any appropriator that interferes with the tag or lock is subject to the same penalty as provided in W.S. 41-3-938. Use of water well so tagged or locked is prima facie evidence of such interference.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-936 - Priority of Appropriation.

41-3-936. Priority of appropriation.
The priority of appropriation of underground water obtained prior to April 1, 1947, shall date from time of completion of the well. The priority of appropriation of underground water obtained subsequent to April 1, 1947, and prior to March 1, 1958, shall date from the filing of registration in the state engineer's office. The priority of appropriation of underground water obtained on or subsequent to March 1, 1958, shall date from the filing of the application for permit in the state engineer's office. Priority of appropriation of underground water for stock or domestic purposes, as defined in W.S. 41-3-907, shall date from the time of completion of the well if properly registered with the state engineer prior to December 31, 1972. If registered with the state engineer subsequent to December 31, 1972, the priority shall date from the filing or registration in the state engineer's office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-937 - Cancellation or Suspension of Permits or Certificates.

41-3-937. Cancellation or suspension of permits or certificates.
Whenever, after notice to and opportunity to be heard, the state engineer finds that the holder of any permit is willfully violating or has willfully violated any provision of such permit or any provision of this act or of any order issued pursuant to this act, the state engineer may cancel or suspend such permit or impose conditions on the future use thereof to prevent such violation, pursuant to W.S. 41-3-616(c). Whenever, after notice to and opportunity to be heard, the board of control finds that the holder of any certificate of registration or certificate of appropriation is willfully violating or has willfully violated any provision of such certificate or any provision of this act or of any order issued pursuant to this act, the board of control may cancel or suspend such certificate or impose conditions on the future use thereof to prevent such violation, pursuant to W.S. 41-3-616(d).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 9 - Underground Water › Section 41-3-938 - Penalty.

41-3-938. Penalty.
Any person who drills, digs or constructs any works for the securing of underground water without having obtained a permit is guilty of a misdemeanor and upon conviction shall be punished under W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1001 - Waters Stored for Instream Flows a Beneficial Use of Water; Natural Stream Flows Allowed for Instream Flows.

41-3-1001. Waters stored for instream flows a beneficial use of water; natural stream flows allowed for instream flows.
(a) The storage of water in any drainage in Wyoming for the purpose of providing a recreational pool or the release of water for instream flows to establish or maintain new or existing fisheries is a beneficial use of water subject to normal stream loss.
(b) Unappropriated water flowing in any stream or drainage in Wyoming may be appropriated for instream flows to maintain or improve existing fisheries and declared a beneficial use of water on a case by case basis by the state engineer if such use does not impair or diminish the rights of any other appropriator in Wyoming.
(c) Waters used for the purpose of providing instream flows under subsection (a) of this section shall be the minimum flow necessary to establish or maintain fisheries.
(d) Waters used for the purpose of providing instream flows under subsection (b) of this section shall be the minimum flow necessary to maintain or improve existing fisheries.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1002 - Instream Flows to Be by Stream Segment; Waters for Instream Flows May Be Sold, Transferred or Otherwise Conveyed Under Certain Restrictions; Ownership Restricted.

41-3-1002. Instream flows to be by stream segment; waters for instream flows may be sold, transferred or otherwise conveyed under certain restrictions; ownership restricted.
(a) All waters used for the purpose of providing instream flows shall be applied only to that segment of the stream for which they are granted. The stream segment and the determination of a minimum amount of water required for instream flow purposes shall be defined specifically.
(b) After waters allowed for instream flows have passed through the specific stream segment, all rights to those instream flow waters are relinquished, and the water shall be available for reappropriation, diversion and beneficial use.
(c) Storage water appropriated for the purpose of providing instream flows in specified stream segments or existing water rights which are converted to instream flow under provisions of W.S. 41-3-1007 of this act may later be sold, transferred or otherwise conveyed to any other purpose pursuant to the requirements of W.S. 41-3-104, except that the board of control shall require that an advertised public hearing be held.
(d) Any person may divert and appropriate, as provided by law, instream flow waters for any beneficial use other than for instream flows at the following places:
(i) Within one (1) mile upstream from any point where the instream flows cross the Wyoming state line;
(ii) Within one (1) mile upstream from any point where the instream flows enter the main stem of the North Platte River;
(iii) Within one (1) mile upstream from any point where the instream flows enter the Big Horn Lake;
(iv) Within one (1) mile upstream from any point where the instream flows enter the Flaming Gorge Reservoir;
(v) Within one (1) mile upstream from any point where the instream flows enter the Palisades Reservoir.
(e) No person other than the state of Wyoming shall own any instream flow water right.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1003 - Game and Fish Commission; Construction of Measuring Devices; Recommendations; Permits; Fees and Costs.

41-3-1003. Game and fish commission; construction of measuring devices; recommendations; permits; fees and costs.
(a) The game and fish commission shall construct any measuring device the state engineer considers necessary for the administration of an instream flow right.
(b) The state game and fish commission may report to the water development commission annually those specific segments of stream which the game and fish commission considers to have the most critical need for instream flows. The game and fish commission shall identify the points on the stream at which the need for instream flows begins and ends, the time of year when the flows are most critical and a detailed description of the minimum amount of water necessary to provide adequate instream flows.
(c) The water development commission shall file applications in the name of the state of Wyoming for permits to appropriate water for instream flows in those segments of stream recommended by the game and fish commission. The state engineer shall not grant any permits to appropriate or store water for instream flows prior to the completion of the study provided by W.S. 41-3-1004 or prior to the hearing required by W.S. 41-3-1006. Fees and costs of the commission associated with permit applications and adjudication of water rights shall be borne by the game and fish commission.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1004 - Water Development Commission to Determine Storage Feasibility; Report to the Game and Fish Commission and the Legislature.

41-3-1004. Water development commission to determine storage feasibility; report to the game and fish commission and the legislature.
(a) Immediately after permits have been applied for under W.S. 41-3-1003(c), the water development commission shall determine the feasibility of providing instream flows for the recommended segments of streams from unappropriated direct flows or from existing storage facilities or from new facilities. The feasibility study shall include a determination of water necessary to maintain or improve existing fisheries for water rights under W.S. 41-3-1001(b) or of water necessary to provide fisheries for water rights under W.S. 41-3-1001(a). The feasibility study shall also include the availability of storage sites, the estimated cost of providing any required storage and such other findings and conclusions as the water development commission deems appropriate. The cost of any consultant and any associated costs that the water development commission determines are necessary to complete a feasibility study under this section shall be borne by the game and fish commission. The water development commission shall consult with the game and fish commission prior to entering into any contract related to a feasibility study under this section.
(b) The water development commission shall make a report to the game and fish commission and the legislature outlining their findings.
(c) Repealed by Laws 1987, ch. 50, 2.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1005 - Approval of Storage Project.

41-3-1005. Approval of storage project.
If the water development commission determines that storage of water to provide instream flows is feasible and in the interest of the state of Wyoming, it shall request authority from the legislature to proceed with the design and construction of storage facilities and the storage of sufficient water for such purposes. The costs of the project may be shared with other water users benefiting therefrom, or paid solely from funds appropriated from the water development account, or otherwise as the legislature directs.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1006 - Appropriation of Unappropriated Waters for Direct Instream Flows.

41-3-1006. Appropriation of unappropriated waters for direct instream flows.
(a) Any application for a permit to appropriate direct flow waters for the purpose of providing instream flows shall be by stream segment, as defined in W.S. 41-3-1002.
(b) If the water development commission, under W.S. 41-3-1004, determines that storage of water for the purpose of providing instream flows is not feasible but that appropriation of direct flow water appears feasible, the state engineer shall act on applications for permits to appropriate water filed under W.S. 41-3-1003(c) in the name of the state of Wyoming.
(c) Subsequent to submission of an application for an instream flow appropriation, the game and fish commission shall conduct relevant studies on the proposal.
(d) The applicant for an instream flow water right shall publish a notice of the application and hearing in a newspaper of general circulation in the area near the proposed reservoir site or stream segment, once each week for at least two (2) consecutive weeks prior to the hearing provided by subsection (e) of this section which notice shall briefly describe the application.
(e) Prior to granting or denying the application, the state engineer shall conduct any studies as are deemed necessary to evaluate the proposed instream flow and the necessary amount of water to maintain existing fisheries and shall hold a public hearing. At the public hearing, the game and fish commission shall present its studies and any other interested parties shall present views on the proposed instream flow appropriation. The state engineer may place a condition on the permit, if one is granted, requiring a review of the continuation of the permit as an instream flow appropriation.
(f) If an application for an instream flow appropriation is approved by the state engineer, it shall be deemed that work has been commenced and completed and beneficial use made thirty (30) days after the date of approval for purposes of W.S. 41-4-506 and proof of appropriation shall not be submitted until three (3) years thereafter.
(g) The state engineer shall not issue an instream flow permit where the instream flow right would be included as a portion of the consumptive share of water allocated to the state of Wyoming under any interstate compact or United States supreme court decree.
(h) The amount of water appropriated for instream flow in each river basin in Wyoming shall not result in more water leaving the state than the amount of water that is allocated by interstate compact or United States supreme court decree for downstream uses outside of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1007 - Acquisition of Existing Rights for Instream Flow Purposes.

41-3-1007. Acquisition of existing rights for instream flow purposes.
(a) The state of Wyoming may acquire any existing water rights in streams of Wyoming by transfer or gift for the purpose of providing instream flows, provided that a change in use of the right acquired shall be in accordance with W.S. 41-3-104. Any right acquired and changed shall be in the name of the state of Wyoming and shall be administered by the state engineer and the board of control, who shall insure that the use of water for instream flows shall not interfere with existing water rights or impair the value of such rights or related property. The game and fish commission shall act as a petitioner in a petition for change in use under this section.
(b) Any such water rights acquired and changed shall be limited to a specified stream segment by the board of control with priority date intact.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1008 - Regulation of Streams.

41-3-1008. Regulation of streams.
(a) The game and fish commission shall report to the water development commission the need to regulate a stream to protect the priority of an instream flow right. The report shall include information establishing present or future damage to the fishery if the stream is not regulated. The commission, on the next working day, shall submit the report to the state engineer and call for stream regulation. The state engineer shall not regulate the stream to protect the instream flow right:
(i) Unless present or future injury to the fishery has been shown;
(ii) If the call for regulation is a futile call; or
(iii) If the call for regulation will impair senior water rights.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1009 - Statement Regarding Condemnation and Impairment of Existing Water Rights.

41-3-1009. Statement regarding condemnation and impairment of existing water rights.
This act does not grant, nor shall it operate or be so construed to grant the power of condemnation to the game and fish department for acquisition of existing water rights for the purpose of providing instream flows, nor shall it operate or be so construed as to impair or diminish the value of or divest existing water rights.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1010 - Litigation Costs.

41-3-1010. Litigation costs.
If any other appropriator in a drainage where waters are allowed for instream flows proves in district court that his right to use appropriated waters has been impaired or diminished by the allowance for instream flows, the costs of litigation, including reasonable attorney fees, shall be borne by the holder of the instream flow right.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1011 - Abandonment.

41-3-1011. Abandonment.
No right to water for the purposes of providing instream flow may be acquired through the process of abandonment nor shall any beneficiary of instream flow rights granted under this act be qualified under W.S. 41-3-401 and 41-3-402 to file for abandonment.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1012 - Ingress and Egress.

41-3-1012. Ingress and egress.
Nothing in this act shall grant, nor shall it be construed to grant the right of ingress or egress through or upon private property to reach streams where instream flows are maintained, nor shall it operate or be so construed as to grant any right of eminent domain to acquire the right of ingress or egress through private property to any waters so maintained.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1013 - Condemnation for Municipal Water Purposes.

41-3-1013. Condemnation for municipal water purposes.
Notwithstanding W.S. 1-26-505, a city or town may condemn any portion of a water right authorized and acquired under this act for municipal water purposes in the manner provided by law.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 10 - Instream Flows › Section 41-3-1014 - Interstate Compact and United States Supreme Court Decree.

41-3-1014. Interstate compact and United States supreme court decree.
Nothing in this act shall be construed to supersede, impair or abrogate the right of the state of Wyoming to fully utilize and appropriate to consumptive beneficial use, those quantities of water allocated to the state of Wyoming by interstate compact or United States supreme court decree.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 1 - In General › Section 41-4-101 - Legal Standard of Measurement.

41-4-101. Legal standard of measurement.
A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, both for the purpose of determining the flow of water in natural streams, and for the purpose of distributing water therefrom.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 1 - In General › Section 41-4-102 - Copies of Records as Evidence.

41-4-102. Copies of records as evidence.
Copies of papers, books, records and maps, on file and deposited by virtue of any law, in the office of the state engineer or state board of control, and certified by the state engineer or secretary of the state board of control, shall be competent evidence in the courts and have the same force and effect as the originals would if produced.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 1 - In General › Section 41-4-103 - Cooperation and Agreements With Utah; Appropriations to Montana.

41-4-103. Cooperation and agreements with Utah; appropriations to Montana.
The state engineer is hereby authorized and empowered to receive and grant applications to appropriate water from streams in Wyoming where such water is to be conveyed and used for beneficial purposes within the state of Utah, and the board of control is hereby authorized and empowered to issue certificates of appropriation under such permits as may be granted by the state engineer of Wyoming upon certification from the state engineer of Utah that the waters appropriated have been put to beneficial uses set forth in the permits. The state engineer and the board of control of Wyoming are also authorized and empowered to cooperate with the state engineer of Utah in the determination, supervision, regulation and control of all water and water rights on all interstate streams; and to these ends the state engineer and board of control of Wyoming, by and with the consent of the governor, may enter into the necessary agreements with the state engineer of Utah to carry out the purposes of this section; provided, that such agreements are not in conflict with the provisions of the irrigation laws now in force in this state; provided, further, that such authority shall not be exercised by the state engineer or board of control until after the state of Utah has passed a law granting its state engineer like authority to that granted to the state engineer and board of control of Wyoming by this section. The state engineer is further authorized and empowered to receive and grant applications to appropriate water from the Little Missouri River in Wyoming where such water is to be conveyed and used for beneficial purposes within the state of Montana, and the board of control is hereby authorized and empowered to issue certificates of appropriation under such permits as may be granted by the state engineer of the state of Wyoming, upon certification from the state of Montana that the waters appropriated have been put to beneficial uses set forth in the permit. Provided that the granting of any such permit for application to beneficial uses in the state of Montana shall in no manner impair or injure any existing water rights in the state of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 1 - In General › Section 41-4-104 - Adjudication of Rights to Water for Use in Adjoining State.

41-4-104. Adjudication of rights to water for use in adjoining state.
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 water rights upon proof of beneficial use as provided by W.S. 41-4-511.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 1 - In General › Section 41-4-105 - Adjudication of Rights to Water for Use in Adjoining State; Permits Issued Before February 25, 1939.

41-4-105. Adjudication of rights to water for use in adjoining state; permits issued before February 25, 1939.
Where ditches or reservoirs have been built under permits issued by the state of Wyoming prior to February 25, 1939, and where water has been diverted by, or stored in such works and applied to beneficial use thereunder in an adjoining state, and where such state as a matter of policy grants reciprocal rights to divert and store water in such state for use in Wyoming, the state board of control shall by this act, be authorized to proceed with the adjudication of said water rights for use of the water in the state in which the same has been applied to a beneficial use and issue certificates of appropriation therefor, as provided by the statutes of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-201 - Created; Members; Location of Office; Meetings Generally; State Engineer Ex Officio President; Quorum.

41-4-201. Created; members; location of office; meetings generally; state engineer ex officio president; quorum.
There is hereby constituted a state board of control composed of the state engineer and the superintendents of the four (4) water divisions. The board shall have an office with the state engineer at Cheyenne. The board shall hold regular quarterly meetings each year, the dates to be set by the board. Other meetings shall be held at the call of the president for the transaction of business as may come before it. Special meetings of the board may be called by the president after a request for a special meeting is made by a party seeking board action which cannot be accommodated at a regular meeting. The party or parties making a request shall make payment to the board of control to cover all costs of travel and per diem expenses incidental to the special meeting. The state engineer is ex officio president of the board, and may vote on all questions coming before it. A majority of all the members of the board constitutes a quorum to transact business.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-202 - Ex Officio Secretary of the Board; Duties Generally.

41-4-202. Ex officio secretary of the board; duties generally.
The ex officio secretary of the state board of control shall be appointed by the board and be an employee of the state engineer. The duties of the secretary shall, under direction of the president of the board, consist of keeping a full, true and complete record of the transactions of the state board of control, and to certify, under seal, all certificates of appropriation made according to law, and to perform other duties as may be required by the board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-203 - Collection of Fees Generally.

41-4-203. Collection of fees generally.
(a) The secretary of the state board of control shall collect in advance reasonable fees not to exceed the following:
(i) One hundred dollars ($100.00) with each proof of appropriation of water or proof of construction of a reservoir;
(ii) For recording with county clerks any water right instrument or certificate not otherwise specifically provided for, the fees required in accordance with W.S. 18-3-402;
(iii) For making copies of any document recorded or filed in the office of the state board of control, a reasonable fee shall be assessed not to exceed ten dollars ($10.00) per page.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-204 - Collection of Fees; Disposition Generally.

41-4-204. Collection of fees; disposition generally.
Said secretary shall, out of the fees so collected, remit with each certificate or order of the state board of control, sent to a county clerk for recording, the statutory fee for recording such instrument and pay all costs of advertising each proof of appropriation of water or proof of construction of reservoir; all other fees so collected to be paid to the state treasurer as by law provided.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-205 - State Board of Control; Additional Fees.

41-4-205. State board of control; additional fees.
(a) The secretary of the board of control shall collect fees, not to exceed the following which shall be paid in advance, and turned over to the state treasurer:
(i) For making copies of the records of the board of control or of papers or documents filed with the board, ten dollars ($10.00) for each page;
(ii) For attaching certificate and seal of the board to each document or documents requested, ten dollars ($10.00).
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-206 - Duty at First Meeting.

41-4-206. Duty at first meeting.
It shall be the duty of said board at its first meeting to make proper arrangements for beginning the determination of priorities of right to the use of the public waters of the state, which determination shall begin on the streams most used for irrigation, and be continued as rapidly as practicable, until all the claims for appropriation now on record shall have been adjudicated.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-207 - Copies of Judgments Involving Water Rights to Be Sent to Board.

41-4-207. Copies of judgments involving water rights to be sent to board.
It shall be the duty of the clerk of each district court in the state of Wyoming, upon the rendering of judgment by such court in each and every case wherein is involved in any way, any question affecting the title to any water right, irrigating or water system of any kind whatever, to forthwith prepare, free of charge, a certified copy of such judgment and forward the same to the state board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-208 - Tabulations and Supplements of Adjudicated Water Rights; Publication Generally; Contents; Appropriations.

41-4-208. Tabulations and supplements of adjudicated water rights; publication generally; contents; appropriations.
The president of the state board of control shall upon the taking effect of this act, employ competent assistants to compile and edit revised tabulations of adjudicated water rights in each of the four (4) water divisions of the state at such times as the president of the state board of control deems it necessary, and to compile and edit supplements to these tabulations every two (2) years, and shall furnish the necessary supplies for such compilation. These tabulations shall contain the information on adjudicated water rights according to precedent heretofore established, with whatever improvement of arrangement of the subject matter is decided advisable by the president of the board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-209 - Tabulations and Supplements of Adjudicated Water Rights; Adequate Copies to Be Printed; President to Direct.

41-4-209. Tabulations and supplements of adjudicated water rights; adequate copies to be printed; president to direct.
Adequate copies, as determined by the president of the state board of control, of the tabulation of adjudicated water rights and supplements shall be printed under the direction of the president of the state board of control upon a printing contract let by the department of administration and information, general services division, procurement.