reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-506 - Time Limits for Completing Construction Work; Extensions; Forfeiture of Rights; Cancellation of Permit; Notice of Date of Expiration to Appropriator.

41-4-506. Time limits for completing construction work; extensions; forfeiture of rights; cancellation of permit; notice of date of expiration to appropriator.
Whenever the state engineer places his endorsement of approval on any application for a water permit, he shall require that actual construction work be completed within the time set by him in the permit. The time set for completion shall not exceed a period of five (5) years after the date of approval of application. In the case of an application for a ditch permit, he shall further require that the application of the water to beneficial use must be completed before the date which he shall specify, and which shall not be earlier than the date specified for the completion of construction; and that final proof of appropriation must be submitted within five (5) years after the date specified for the completion of the application of the water to beneficial use. He may limit the application to a less period of time for the completion of construction and application of water to beneficial use than is asked for in the application. For good cause shown, the state engineer may at any time, or from time to time, before the date of expiration, extend any or all of these periods. An extension of time for compliance with any of the specified requirements shall be construed to automatically extend for a like period the time for compliance with any of the specific requirements in relation to which the time expires thereafter. Default by the holder of the permit in any of the specified requirements shall work a forfeiture of the water right involved. The state engineer may upon such default cancel the permit. The state engineer shall, at least three (3) months before default in any of these requirements shall be operative, notify the permit holder when the time allowed will expire. Notification may be delivered by United States postal service, by other generally accepted mail delivery method to the post-office address given by the permit holder or by email or other electronic means that provides actual notice to the permit holder. If the permit holder cannot be reached by mail or by email, the state engineer shall notify the permit holder by certified mail to the permit holder's last known address and shall publish notice of the default on the state engineer's official website and for three (3) weeks in a newspaper of general circulation published in the county, or in case there is no newspaper of general circulation published in the county, then in a newspaper published in the state of Wyoming and in general circulation in the county, the last publication to be at least two (2) months before cancellation of the permit.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-508 - Maps and Plats; Examination; Approval; Filing; Return of Copy.

41-4-508. Maps and plats; examination; approval; filing; return of copy.
It shall be the duty of the state engineer to examine these maps or plats and to ascertain if they agree with the description contained in the application, and when found to agree, or made to agree, to approve the same, file one (1) copy in his office and return the other, approved, to the party filing them. These maps or plats may be received and maintained by the state engineer in an electronic format.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-509 - Maps and Plats; Additional Information; Longitudinal Profiles of Ditches.

41-4-509. Maps and plats; additional information; longitudinal profiles of ditches.
In case of ditches or canals carrying more than fifty (50) cubic feet of water per second, the engineer may require, in addition to the maps or plats above described, the following: a longitudinal profile of the ditch showing the bottom and proposed water line; the horizontal scale of this line shall not be less than one (1) inch to one thousand (1,000) feet, and the vertical scale not less than one (1) inch to twenty (20) feet. If submitted electronically, the file shall be capable of reproduction at these scales.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-510 - Maps and Plats; Additional Information; Cross Section Plans; Plans of Obstructions; Reservoir Specifications; Field Notes.

41-4-510. Maps and plats; additional information; cross section plans; plans of obstructions; reservoir specifications; field notes.
The engineer may require, in addition to the maps and plats above described, a plan showing cross sections at a sufficient number of points to show the different forms which the ditch, when completed, will take, and showing what proportion of the water is to be conveyed in excavation and what proportion to be conveyed in fill. These plans shall be drawn, or be capable of being drawn and printed if submitted electronically, on a horizontal and vertical scale of one (1) inch to twenty (20) feet. Plans of any dams, cribs, embankments or other proposed work to obstruct any river, stream, lake or pond, or other source of water supply, shall be drawn on a longitudinal scale of not less than one (1) inch to two hundred (200) feet, and for cross sections on a scale of not less than one (1) inch to twenty (20) feet; and shall show what material is intended to be used and placed in such work. Timber, brush, stone or other material except earth used in such works shall be shown in detail on a plan, the scale of which shall not be less than one (1) inch to four (4) feet. The maps of all proposed reservoirs shall show the surface of the ground under water, and a sufficient number of lines of level shall be shown so that the contents of the reservoir or basin may be approximately determined. If the levels shall be shown by contour lines they shall be on a scale sufficiently large to show vertical levels not exceeding five (5) feet, and with all such reservoir plans there shall be furnished a plan, on a scale of not less than one (1) inch to four (4) feet, showing the method of providing a wasteway for such reservoir, and method of drawing off the water from such reservoir or basin. If the state engineer deems it necessary he may require the submission of complete plans and specifications for his approval. He may also require the filing of field notes of canal and reservoir surveys.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-512 - Final Proof of Appropriation; Date of Priority.

41-4-512. Final proof of appropriation; date of priority.
The priority of such appropriation shall date from the filing of the application in the engineer's office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-513 - Adjudication of Underground Water Rights.

41-4-513. Adjudication of underground water rights.
After issuance of a permit, or recording of a statement of claim, or registration of a well, under the procedures provided for by law, and completion of the work according to the terms of the permit, as certified to by the state engineer or his authorized representative following an inspection of the work, and the recording of such information as is deemed necessary concerning the works, and an inspection of the lands irrigated or of the other uses being made of the water, the board of control may adjudicate such underground water rights upon proof of beneficial use being submitted as provided for by W.S. 41-4-511. The appropriator shall pay the necessary fees as provided by W.S. 41-4-511.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-515 - Endorsement of Correction on Records.

41-4-515. Endorsement of correction on records.
When any permit is corrected by the state engineer, as authorized by this act, the corrections shall be endorsed on the records and shall not affect the priority of the permit.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-516 - Rules and Regulations Authorized for w.s. 41-4-514 Through 41-4-516.

41-4-516. Rules and regulations authorized for W.S. 41-4-514 through 41-4-516.
The state engineer is hereby authorized to provide rules and regulations regarding the form of application and procedure to be followed by the applicant in proceeding under this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-517 - Appeal From Action of State Engineer or Order of Board of Control.

41-4-517. Appeal from action of state engineer or order of board of control.
Any applicant who is aggrieved by the endorsement made by the state engineer upon his application, may, in writing, in an informal manner and without pleadings of any character, appeal to the board of control within sixty (60) days of the date of receipt of notice of the endorsement, for an examination and reversal of any such action of the state engineer. Upon receipt of such an appeal, the secretary of the board of control shall notify the members of the board of control and upon receipt of replies from them shall fix a date, as early as may be possible, when such appeal shall be heard before the board. All parties and those who claim an adverse interest thereto, shall be notified and shall be given an opportunity to be heard. Any person aggrieved by any order or determination of the board of control in cases embracing such appeals from the state engineer, may appeal to the district court of the county in which the greatest use of water is proposed to be made under the application. The procedure in the appeal from a decision of the board of control shall be in conformity with the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure. The attorney general shall, in such cases, represent the state board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-101 - Ditches; Generally.

41-5-101. Ditches; generally.
The owner or owners of any ditch for irrigation, or other purposes, shall carefully maintain the embankments thereof so that the water of such ditch may not flood or damage the premises of others.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-102 - Ditches; Jointly Owned; Action to Recover Proportionate Share of Work.

41-5-102. Ditches; jointly owned; action to recover proportionate share of work.
In all cases where irrigating ditches are owned by two (2) or more persons and one (1) or more of such persons shall fail or neglect to do his, her or their proportionate share of the work necessary for the proper maintenance and operation of such ditch or ditches or to construct suitable head gates or measuring devices at the points where water is diverted from the main ditch, such owner or owners desiring the performance of such work as is reasonably necessary to maintain the ditch, may, after having given ten (10) days written notice to such owner or owners who have failed to perform his, her or their proportionate share of such work, necessary for the operation and maintenance of said ditch or ditches, perform his, her or their share of such work, and recover therefor from such person or persons so failing to perform his, her or their share of such work in any competent court having jurisdiction of the matter, the expense or value of such work or labor so performed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-103 - Ditches; Jointly Owned; Lien for Work.

41-5-103. Ditches; jointly owned; lien for work.
Upon the failure of any co-owner to pay his proportionate share of such expense as mentioned in W.S. 41-5-102, within thirty (30) days after receiving a statement of the same as performed by his co-owner or owners, such person or persons so performing such labor may secure payment of said claim by filing an itemized and sworn statement thereof, setting forth the date of the performance and the nature of the labor so performed, with the county clerk of the county wherein said ditch is situated, and when so filed it shall constitute a valid lien against the interest of such person or persons who shall fail to perform their proportionate share of the work requisite to the proper maintenance of said ditch, which said lien when so taken may be enforced in the same manner as provided by law for the enforcement of construction liens.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-104 - Ditches; Bridge to Be Built When Ditch Crosses Public Roads; Costs of Construction; Failure to Comply.

41-5-104. Ditches; bridge to be built when ditch crosses public roads; costs of construction; failure to comply.
When any such ditch or watercourse shall be constructed across any public traveled road, and not bridged within three (3) days thereafter, it shall be the duty of the county commissioners of the county in which said ditch and road are located, to put a bridge over said ditch or watercourse, and call upon the owner or owners of said ditch or watercourse to pay the expenses of constructing said bridge, and if payment thereof be refused, a civil action may be maintained for the recovery of the same, together with all accruing costs.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-105 - When Capital Stock of Irrigation Companies Assessable for Maintenance.

41-5-105. When capital stock of irrigation companies assessable for maintenance.
Any ditch or irrigation company or association, all the property or capital stock of which is owned by farmers or others, owning lands under the line of such company's or association's ditch, and receiving water therefrom, by reason of their being owners or stockholders in said company or association, shall have the right to levy and collect such annual assessments on the capital stock of said company, or members or owners of such association, whether said capital stock be fully paid up or otherwise, as may be deemed necessary by the trustees of said company, or a majority of the stock of such association, for the purpose of maintaining its ditches, flumes, tunnels, and the payment of all necessary expenses of such company; provided, that this section shall only apply to such water companies or associations whose capital stock or ditch property is wholly owned by persons or corporations owning land under the line of their ditches, and using water therefrom by reason of being such stockholders in said companies; and provided further, that said company or association shall have the right to close the headgate and refuse water to all such stockholders, owners or members who fail or refuse to pay said assessments after ten (10) days notice thereof, in writing, made by the president, agent or attorney of said company or association.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-106 - Keeping Fish Out of Irrigation Systems.

41-5-106. Keeping fish out of irrigation systems.
The game and fish department of the state of Wyoming may construct and maintain, at or near the point of diversion where the water of any stream or reservoir is diverted by any means of conveyance from its natural channel, some fit and proper device whereby all fish will be prevented from entering said means of conveyance; provided, such device does not obstruct or diminish the flow of water through said means of conveyance; and provided further that the determination as to obstruction shall be within the discretion of the water commissioner of the district within which such structure is placed subject to appeal to the division superintendent, and from the decision of the division superintendent to the state engineer.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-107 - Removal or Destruction of Bridges or Flumes.

41-5-107. Removal or destruction of bridges or flumes.
Whenever any person, persons or corporation shall remove or destroy any bridge or flume which crosses any ditch, canal or other irrigation works, when said flume or bridge is in good condition a legal right for such crossing having been acquired, said person, persons or corporations must replace said bridge or flume, in as good condition as before removal. If said bridge or flume is removed by the owner or owners of the said ditch, canal or irrigation works; it shall be the duty of the water commissioner to keep the controlling works of the said ditch, canal or irrigation works closed until the said bridge or flume is properly replaced. It shall be unlawful for any other person to remove or destroy any such bridge or flumes. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-108 - Driving or Floating Logs, Timber or Lumber on Streams.

41-5-108. Driving or floating logs, timber or lumber on streams.
(a) Any person, association or corporation desiring or intending to drive or float logs, timber or lumber down or upon any stream in this state shall, before commencing operations apply to the state engineer for a permit to drive or float the same. Such application shall be in writing and shall state that the driving of such logs, timber or lumber will be conducted with all possible expedition and in such manner as not to interfere with, or injure any irrigating ditch or other property along the stream on which said drive is to take place, and the applicant shall be required by the state engineer to give bond to the state of Wyoming in such sum as the state engineer may deem sufficient, conditioned for the conducting of said drive without delay and for the protection of the owners of irrigating ditches and property along the stream whereon said drive is to be made. When said permit is issued the said applicant may proceed to conduct said drive upon the stream or streams therein mentioned. Provided, however, that no permit shall be granted allowing any logs, timber or lumber to be left in or upon any stream so as to be frozen in during winter, and it shall be the duty of the state engineer to issue to all applicants a license to float timber or lumber on all streams of sufficient capacity, upon compliance with the provisions aforesaid.
(b) Anyone violating any of the provisions of this section, shall be subject to penalty pursuant to W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-109 - Construction of Acts.

41-5-109. Construction of acts.
(a) Nothing in this chapter contained, shall be so construed as to impair the prior vested rights of any mill or ditch owner, or other person, to the use of any such watercourse.
(b) This chapter shall in no wise be construed as impairing or abridging any rights already vested in any person or persons, company or corporation by virtue of the law heretofore in force.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 1 - Care, Maintenance and Protection of Irrigation Works › Section 41-5-110 - Prohibited Acts; Penalty for Violation.

41-5-110. Prohibited acts; penalty for violation.
It shall be unlawful for any person without authority, to willfully interfere with or damage any dam, diversion structure or means of conveyance whether jointly owned by the person, on the property or in the lawful possession of another, with intent to injure any person, or for his own gain, to the injury of any other person lawfully entitled to the use of such water, diversion structure or means of conveyance. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 2 - Bonds and Liens for Labor and Materials › Section 41-5-201 - Contractor's Bond.

41-5-201. Contractor's bond.
Whenever any ditch or canal company, or other owner or owners, shall contract with any person, persons or corporation, for the construction of its, his or their ditch, canal or reservoir, or any part thereof, such company, owner or owners, shall take from the person, persons or corporation with whom such contract is made, a good and sufficient bond, conditioned that such contractor or contractors shall pay or cause to be paid all laborers, mechanics, material men, ranchmen, farmers, merchants and other persons who supply such contractor or contractors, or any of his or their subcontractors with labor, work, material, or goods of any kind which shall enter into or become a part of such irrigation works, which bonds shall be filed by such company or other owner in the office of the county clerk in the county where the principal work of such contractor shall be carried on; and if any such ditch or canal company, or other owner or owners, shall fail to take such bond, such ditch or canal company or other owner or owners shall be liable to the persons herein mentioned to the full extent of all such debts so contracted by such contractor, or contractors, or any of his or their subcontractors. Any such contractor or contractors may take a similar bond from each subcontractor to secure the payment of all debts of the kind above mentioned incurred by him, and file the same as above provided. All such persons mentioned in this section to whom any debt of the kind above mentioned shall be due from any contractor or subcontractor shall severally have a right of action upon any such bond covering such debt taken as herein provided for the recovery of the full amount of such debt. Provided, however, that in order that the right of action upon such bonds may exist, such persons or parties herein granted such right shall comply with either of the following conditions, to-wit, first, an action in a court of competent jurisdiction, in the county where such bond is filed, shall be commenced within ninety (90) days after the last item of indebtedness shall have accrued; or, second, an itemized statement of the indebtedness duly verified, shall, within ninety (90) days after the last item of such indebtedness shall have accrued, be filed in the office of the county clerk of the proper county; and an action shall be brought in any court of competent jurisdiction of such county within three (3) months after the filing of such statement. In case an action is commenced upon the bond of a contractor liable for the claim, and in such case the result of such action shall be binding upon the subcontractor, and his sureties, and in any case when a contractor has paid a claim for which a subcontractor is liable, such contractor shall bring action against the subcontractor and his sureties within sixty (60) days after the payment of such claim.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 2 - Bonds and Liens for Labor and Materials › Section 41-5-202 - Statement of Mechanic's Lien; Delivery to Owner of Ditch; Retention of Unpaid Amount From Subsequent Payments to Contractor.

41-5-202. Statement of mechanic's lien; delivery to owner of ditch; retention of unpaid amount from subsequent payments to contractor.
Every laborer, mechanic, ranchman, farmer, merchant or other person performing any work or labor or furnishing any material, or goods of any kind which enter into and become a part of such irrigation works, to any contractor or subcontractor in the construction of any ditch, canal or reservoir, or any part thereof used by such contractor or subcontractor in carrying on said work of construction, whose demand has not been paid, may deliver to the owner or owners of such ditch, canal or reservoir, or to its, his or their agent, a verified statement of the account, and thereupon such owner or owners or its, his or their agent, shall retain out of the subsequent payments to the contractor or contractors the amount of such unpaid account for the benefit of the person to whom the same is due.
2023 Wyoming Statutes › Title 41 - Water › Chapter 5 - Irrigation Generally › Article 2 - Bonds and Liens for Labor and Materials › Section 41-5-203 - Statement of Mechanic's Lien; Delivery of Copy to Contractor; Time Limits for Disputing Claims; Recovery by Civil Action; Application of w.s. 41-5-201 Through 41-5-203.

41-5-203. Statement of mechanic's lien; delivery of copy to contractor; time limits for disputing claims; recovery by civil action; application of W.S. 41-5-201 through 41-5-203.
Whenever any verified account mentioned in W.S. 41-5-202 shall be placed in the hands of any such owner or owners or its, his or their agent, as above stated, it shall be the duty of such owner or owners to furnish the contractor with a copy of such verified account, so that if there be any disagreement between the debtor and creditor as to the amount due the same may be amicably adjusted, and if the contractor, or subcontractor if he be the debtor, shall not, within ten (10) days after the receipt of such account, give the said owner or owners or its, his or their agent, written notice that the claim is disputed, he shall be considered as assenting to its payment, and the owner or owners or its, his or their agent, shall be justified in paying the same when due and charging the same to the contractor. The person or persons to whom any such debt is due and who shall deliver a verified account thereof as above provided, may recover the amount thereof in an action at law, to the extent of any balance due by such owner or owners to the contractor at or after the time of delivering the verified account. Provided, that nothing contained in this section or in W.S. 41-5-202 shall interfere with the right of action upon the bond or bonds provided for in W.S. 41-5-201, or against the company or other owner, for the full amount of any such debt in case of a failure to take a bond.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-101 - Authority to Cooperate.

41-6-101. Authority to cooperate.
Whenever two (2) or more incorporated irrigation or drainage districts desire to cooperate in the operation and maintenance of their respective systems of irrigation or drainage works, they may do so by availing themselves of the provisions of this act, as hereinafter more particularly provided.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-102 - Election Upon Request of Landowners; Procedure Generally.

41-6-102. Election upon request of landowners; procedure generally.
The commissioners of any such district may, and, upon written request of not less than ten (10) landowners thereof, shall, at any time, submit to the qualified electors thereof the question as to whether or not they desire their district to cooperate with any other district or districts named, in the operation and maintenance of their respective systems under the provisions of this act. Such question may be submitted at any general district election, or at a special election duly called for the purpose, notice of which shall have been given as required by law in case of general elections in irrigation districts. In every case, the notice of election shall state briefly but clearly the question to be submitted, naming the district or districts with which it is proposed to cooperate. The vote shall be by ballot, and a majority of the votes cast shall determine the question. If more than two (2) districts are involved in the proposal, the electors shall in like manner determine the district or districts, if any, with which they desire their district to cooperate, in the event that they do not desire to cooperate with all the districts named in the proposal, or in the event that any district or districts named in the proposal should vote adversely thereto. All elections held hereunder shall be conducted in the same manner as general irrigation district elections are required by law to be conducted.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-103 - Certificate of Election Proceedings to Be Filed; Effect of Filing; Effect of Informal Certificates on Validity of Election.

41-6-103. Certificate of election proceedings to be filed; effect of filing; effect of informal certificates on validity of election.
Whenever any two (2) or more irrigation or drainage districts shall have voted to cooperate with one another under the provisions of this act, the respective commissioners thereof shall file in the office of the clerk of the court having jurisdiction of the district proceedings, a certified copy of the minutes of the election proceedings, including a copy of the election notice. From and after the filing of such certificates, the operation and maintenance of the respective irrigation or drainage, or irrigation and drainage works of said districts shall be under the exclusive management and control of a board of district managers, as hereinafter particularly provided. No informality in these certificates, or in the records of which they are a copy, shall affect the validity of any such election, if in fact the same was held in substantial compliance with this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-104 - Appeals.

41-6-104. Appeals.
Any district aggrieved by any order of apportionment of operation and maintenance costs, or any part thereof, may obtain judicial review as provided by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-105 - Withdrawal From Joint Operations.

41-6-105. Withdrawal from joint operations.
The commissioners of any district belonging to any association formed hereunder, may at any time submit to the qualified electors of their district the question as to whether or not the district shall withdraw from such association. Such election shall be held as above provided, and if in any case, the vote shall be in favor of withdrawal, the result thereof shall be duly certified to the proper court, and notice thereof served upon the other districts involved. Thereupon such withdrawal will become operative on the first day of the second December following such election, and thereafter the provisions of this act shall be applicable to such district.
Division 2. Board of District Managers
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-120 - Number of Members; Qualifications; Succession; Quorum; Voting Procedures.

41-6-120. Number of members; qualifications; succession; quorum; voting procedures.
The board of district managers shall be composed of as many members as there are districts to be represented, and a majority of its members shall constitute a quorum. The commissioner in each district who has longest served the district as such commissioner, shall be the member of the board of district managers from such district. In case of death, resignation, disability or absence of any district manager, the commissioner from his district who is next in seniority of service shall act as district manager in his stead. Where there is no seniority in service among the commissioners of any district, they themselves shall determine the order in which they shall successively serve as members of the board of district managers. If the commissioners of all of the associated districts shall at any time so order, the board of district managers may thereafter be composed of two (2) commissioners from each district, but in such case the vote upon any question before the board shall be by districts, each district being entitled to cast one (1) vote by its representatives or representative present.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-121 - President.

41-6-121. President.
The presidency of the board of district managers shall devolve successively upon the representatives of the respective districts, and the order of succession shall be determined in the first instance by lot. The first president shall hold office until the first day of the next succeeding December, and succeeding presidents shall hold office for terms of one (1) year each. In the absence of the president, or in case of his death, resignation or inability to act, his duties shall be discharged by the commissioner from his district who would be entitled to act in his stead, under the provisions of W.S. 41-6-120. The president shall preside at all meetings of the board. He may vote upon all questions, and, in case of tie, shall also cast the deciding vote. He shall perform such other duties as may be imposed upon him by law, or the order of the board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-122 - Secretary.

41-6-122. Secretary.
The board of district managers shall appoint a secretary who may or may not be one of their number. Such secretary shall hold his position at the pleasure of the board, and shall perform such duties as may be imposed upon him by law, or order of the board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-123 - Treasurer.

41-6-123. Treasurer.
The board of district managers shall appoint a treasurer for each of the associated districts. The same person may be the treasurer of two (2) or more districts, and may also be secretary of the board. The funds of the associated districts shall not be commingled, however, but shall in all cases be separately kept and accounted for.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-124 - Adoption of Name.

41-6-124. Adoption of name.
At its first meeting, the board of district managers shall adopt a name which shall be formed by prefixing to the phrase "board of district managers", some word or words different from any used for a like purpose by any other board within the same judicial jurisdiction. A certificate of the adoption of such name shall be filed promptly with the clerk of the court, or clerks, of the courts, having jurisdiction of the several district proceedings.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-125 - Powers Generally.

41-6-125. Powers generally.
In the operation, maintenance, preservation and repair of the constructed works of the associated districts, and in the assessment, levy, collection and disbursement of district revenues for such purposes, and for the payment of the principal and interest on outstanding indebtedness, the board of district managers shall succeed to and possess all the powers and be charged with all the duties of the commissioners of the several districts which it represents. All other powers of the commissioners of such districts shall be possessed and retained by them, unimpaired, including those relating to uncompleted district works, or such additions to or extensions of such works as require a revision or modification of assessed benefits. Whenever necessary in the discharge of its duties, the board may use the name and corporate seal of any district which it represents, always indicating, however, in some appropriate manner, that the signature and seal have been affixed by the board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-126 - Duties.

41-6-126. Duties.
It shall be the duty of the board of district managers so to control and conduct the affairs of the districts under their jurisdiction that each shall bear its just portion of the burdens and receive its just share of the benefits resulting from cooperating management. Accurate and detailed accounts of the amount and cost of labor and material used in the work of each district shall be separately kept, so far as practicable, and whenever labor or material is used for the common benefit of two (2) or more districts, a just apportionment of the cost thereof shall be made between or among the districts benefited, and, in each such case the records of the board shall be made to show clearly the basis of such apportionment.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 1 - Joint Operation and Cooperation Between Districts › Section 41-6-127 - Purchase of Machinery, Tools or Equipment.

41-6-127. Purchase of machinery, tools or equipment.
In the operation and maintenance of the works under its charge, the board of district managers shall, as far as practicable, avoid a duplication of labor and equipment. It shall have no power, however, to purchase machinery, tools or other equipment on account of any district, without written authority from two (2) of the commissioners from such district, and it shall have no power to purchase machinery, tools or other equipment on the joint account of two (2) or more districts, without written authority from two (2) of the commissioners of each of the districts to be charged therewith, which authority shall prescribe the agreed basis upon which the cost of such purchase shall be apportioned between or among such districts. Each district shall be charged with a reasonable rental or hire for the use of property or equipment owned by the associated districts. Such rental or hire shall be uniform to all the districts and shall be so adjusted as to cover, all nearly as can be estimated, repair, interest and replacement costs, and such readjustments shall be made from time to time as may be necessary in order that these costs shall ultimately be borne by the districts in proportion to the use which each has made of such property or equipment.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 3 - Determination of Rights of Joint › Section 41-6-301 - Disagreements May Be Referred to Water Commissioner; Action by Commissioner; Fees.

41-6-301. Disagreements may be referred to water commissioner; action by commissioner; fees.
When two (2) or more persons, joint owners in an irrigation ditch or reservoir, not incorporated, or their lessees, are unable to agree relative to the division or distribution of water received through their ditch or from their reservoir, it shall be lawful for any of the owners or lessees to apply to the water commissioner of the district in which the ditch or reservoir shall be located, by a written notice setting forth that fact, asking the water commissioner to take charge of the ditch or reservoir for the purpose of making a just division or distribution of the water from the ditch or reservoir to the parties entitled to the use of the water. The water commissioner shall take exclusive charge of the ditch or reservoir for the purpose of dividing the water in accordance with rights established by existing decrees, and continuing the work until the necessity shall cease to exist. In all cases where the water commissioner or a deputy water commissioner is called upon to divide the waters of a ditch or reservoir between appropriators, when the term of his employment exceeds three (3) consecutive days he shall be paid in full for his service by the interested water users in proportion to the established rights of each. Any payments not made for the service of the water commissioner after a written demand has been made for payment, the bill for the water commissioner's services shall be a lien upon any land or other property owned by an interested water user refusing to pay and may be recovered in any court of competent jurisdiction. Any reimbursement recovered under this section for services of the water commissioner shall be paid into the general fund.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 3 - Determination of Rights of Joint › Section 41-6-302 - Actions for Injunctions; Notice; Hearings; Issuance of Injunctions or Restraining Orders; Bond.

41-6-302. Actions for injunctions; notice; hearings; issuance of injunctions or restraining orders; bond.
In cases when suits for injunction are brought affecting the use of water from streams upon which the rights to the use of water have been adjudicated, no restraining order shall be granted by the court, judge or court commissioner, before hearing had after at least three (3) days notice thereof, served upon all persons defendant. All suits for injunction involving the use of water from streams shall be heard, either in term time or during vacation as the case may be, not later than fifteen (15) days after issues joined. In no case shall an injunction or restraining order be issued or become operative until the party obtaining the same executes an undertaking, to the defendants, with good and sufficient surety, to be approved by the clerk of the court granting the same, in an amount fixed by court, judge or commissioner allowing the same, conditioned to secure to the party enjoined all actual damages he may sustain if it be finally decided that the injunction or restraining order ought not to have been granted.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 3 - Determination of Rights of Joint › Section 41-6-303 - Relative Interests of Joint Owners.

41-6-303. Relative interests of joint owners.
Unless the owners of ditches, canals and reservoirs make a record as herein provided, or have a record thereof made in some other manner, showing the relative ownership of each interested party in such irrigation works, said interests shall be established by the ratio between the water right of each water user to the total water rights adjudicated under such irrigation works. The relative interests of joint owners shall, therefore, be fixed by the issuance of the final certificate of appropriation as the same appears of record on the date of the passage of this act or as they shall hereafter be recorded in the office of the board of control and in the office of the respective county clerks, and no action for the recovery of the title to such irrigation works can be brought after ten (10) years from the date when the final certificates of appropriation have been recorded in the office of said county clerk; provided, that during such ten (10) years the interested water users as mentioned in the final certificates of appropriation, or their successors, have had continuous, open, adverse and undisputed possession of such irrigation works. Every conveyance of a ditch, canal or reservoir, or any interest therein, shall hereafter be executed and acknowledged in the same manner as a conveyance of real estate and recorded as herein provided, and any such conveyance which shall not be made in conformity with the provisions of this act, shall be null and void as against subsequent purchasers thereof in good faith and for a valuable consideration.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 3 - Determination of Rights of Joint › Section 41-6-304 - Affidavits of Interest; Parties Joining In; Filing; Contents.

41-6-304. Affidavits of interest; parties joining in; filing; contents.
Any person, persons, partnership or association of individuals, or corporation, may file in the office of the board of control, and in the office of the county clerk of the county wherein any ditch, reservoir or other irrigation works shall be located, an affidavit, duly sworn to before an officer authorized to acknowledge deeds, or before a water superintendent of this state, joined in, signed, and sworn to by all the parties having an interest in such ditch or ditch right, or by the guardian of any such person, if insane or a minor, or in case of a corporation by any two (2) of its officers, stating therein the name of the ditch, the ownership of said ditch, the interest each claimant owns therein specifically, the method of securing rights of way or irrigation works and the date of such procedure and referring to the records of the office of the state engineer or board of control, or both, relative to dimensions of irrigation works, their location, and adjudicated rights to water conveyed in or stored in such works and such other information as may be deemed necessary.
2023 Wyoming Statutes › Title 41 - Water › Chapter 6 - Irrigation and Drainage Districts Generally › Article 3 - Determination of Rights of Joint › Section 41-6-305 - Affidavits of Interest; as Evidence; Statute of Limitations for Civil Actions Upon.

41-6-305. Affidavits of interest; as evidence; statute of limitations for civil actions upon.
When said affidavit hereinbefore mentioned has been duly executed and filed and recorded as hereinbefore prescribed, the facts therein stated shall be prima facie evidence of the truth thereof in any court of the United States, and no action for the recovery of the title or possession of such irrigation works can be brought after ten (10) years from the time of the recording of such affidavit; provided, that during such ten (10) years the claimant as mentioned in such affidavit, or his successor, in rights, has been in continuous, open and undisputed possession of such irrigation works.