reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 29 - Financial Technology Sandbox Act › Section 40-29-109 - Rules and Orders; Enforcement of Bond; Restitution; Applicability of Wyoming Administrative Procedure Act.

40-29-109. Rules and orders; enforcement of bond; restitution; applicability of Wyoming Administrative Procedure Act.
(a) The commissioner and secretary shall each adopt rules to implement this act. The rules adopted by the commissioner and secretary under this subsection shall be as consistent as reasonably possible, but shall account for differences in the statutes and programs administered by the commissioner and secretary.
(b) The commissioner or secretary may issue:
(i) All necessary orders to enforce this act, including ordering the payment of restitution, and enforce these orders in any court of competent jurisdiction;
(ii) An order under paragraph (i) of this subsection to enforce the bond posted under W.S. 40-29-104(h), or a portion of this bond, and use proceeds from the bond to offset losses suffered by consumers as a result of an innovative financial product or service.
(c) All actions of the commissioner or secretary under this act shall be subject to the Wyoming Administrative Procedure Act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 30 - Digital Identity Act › Section 40-30-101 - Definitions.

40-30-101. Definitions.
(a) As used in this chapter:
(i) "Personal digital identity" means as defined in W.S. 8-1-102(a)(xviii);
(ii) "Organizational digital identity" means as defined in W.S. 8-1-102(a)(xix).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 30 - Digital Identity Act › Section 40-30-102 - Acts Through Digital Identity.

40-30-102. Acts through digital identity.
(a) Consistent with the provisions of W.S. 40-21-109:
(i) Acts taken through a personal digital identity are attributable to a natural person if they were the act of the natural person. The act of the natural person may be established in any manner, including a showing of the efficacy of any security procedure applied to determine the natural person to which an electronic record or electronic signature or other act was attributable;
(ii) Acts taken through an organizational digital identity are attributable to the organization if they were the act of the organization. The act of the organization may be established in any manner, including a showing of the efficacy of any security procedure applied to determine the organization to which an electronic record or electronic signature or other act was attributable;
(iii) The effect of an electronic record or electronic signature or other act attributed to a natural person or organization under paragraphs (i) and (ii) of this subsection shall be determined from the context and surrounding circumstances at the time of its creation, execution or adoption, including the parties' agreement, if any, and as otherwise provided by law.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 30 - Digital Identity Act › Section 40-30-103 - Impersonation of Digital Identity; Remedies.

40-30-103. Impersonation of digital identity; remedies.
(a) Any person with a personal or organizational digital identity may proceed by suit to enjoin the use of any impersonations, counterfeits or imitations thereof and any court of competent jurisdiction may grant injunctions to restrain such use as may be by the said court deemed just and reasonable, and may require the defendants to pay to such person all profits derived from or all damages suffered by reason of such wrongful use. The court, in its discretion, may enter judgment for an amount not to exceed three (3) times any profits or damages and reasonable attorneys' fees of the prevailing party in cases where the court finds the other party committed wrongful acts with knowledge or in bad faith or otherwise as according to the circumstances of the case.
(b) The enumeration of any right or remedy herein shall not affect a person's right to prosecute under any penal law of this state.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-102 - Definitions.

40-31-102. Definitions.
(a) As used in this act:
(i) "Commission" means the Wyoming stable token commission created by W.S. 40-31-103;
(ii) "Board" means the board of the Wyoming stable token commission;
(iii) "Director" means the director of the Wyoming stable token commission;
(iv) "Financial institution" means any entity approved by the commission to act as a manager or otherwise to manage, operate and maintain Wyoming stable tokens;
(v) "Notional value" means face value;
(vi) "Token holder" means a person who lawfully owns any portion of a Wyoming stable token;
(vii) "Treasurer" means the state treasurer;
(viii) "Wyoming stable token" means the virtual currency issued by the commission pursuant to this act;
(ix) "Virtual currency" means as defined in W.S. 34-29-101(a)(iv);
(x) "This act" means W.S. 40-31-101 through 40-31-109.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-103 - Wyoming Stable Token Commission.

40-31-103. Wyoming stable token commission.
(a) There is created the Wyoming stable token commission, which is a body politic and corporate operating as an instrumentality of the state of Wyoming, with authority to adopt an official seal and to sue and be sued.
(b) The commission shall be governed by a board composed of:
(i) The governor or the governor's designee;
(ii) The auditor or the auditor's designee;
(iii) The treasurer or the treasurer's designee;
(iv) Not more than four (4) subject matter experts in virtual currency and financial technology appointed by a majority vote of the members of the board designated in paragraphs (i) through (iii) of this subsection, and serving at the discretion of those members. Only subject matter experts who are free from conflict of interest in performing the duties of the board shall be appointed to, or serve on, the board. Each subject matter expert shall be required to furnish fingerprints for submission to the federal bureau of investigation or any governmental agency or entity authorized to receive fingerprints for a state, national and international criminal history background check.
(c) Members of the board appointed pursuant to paragraph (b)(iv) of this section shall receive the same per diem, expenses and travel allowance as members of the legislature under W.S. 28-5-101 while in attendance at meetings of the board and while performing their duties as members of the board.
(d) The commission is subject to the requirements of:
(i) W.S. 16-3-101 through 16-3-105;
(ii) W.S. 16-4-201 through 16-4-205;
(iii) W.S. 16-4-401 through 16-4-408.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-104 - Wyoming Stable Token Value; Limitations.

40-31-104. Wyoming stable token value; limitations.
A Wyoming stable token is a virtual currency representative of and redeemable for one (1) United States dollar held in trust by the state of Wyoming as provided by W.S. 40-31-106. Stable tokens shall only be issued in exchange for United States dollars.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-105 - Powers of the Commission.

40-31-105. Powers of the commission.
(a) This act shall be administered by the commission in accordance with this act.
(b) The commission shall adopt rules and regulations as necessary to administer this act and to ensure compliance with all applicable state and federal law.
(c) The commission may:
(i) Issue Wyoming stable tokens as provided in this act, and provide for matters related to the issuance of Wyoming stable tokens, including the overall number of Wyoming stable tokens to be issued, the means used to issue, maintain and manage the Wyoming stable tokens and the manner of and requirements for redemption;
(ii) Retain professional services, if necessary, including accountants, auditors, consultants and other experts;
(iii) Make and enter into any contracts, agreements or arrangements and retain, employ and contract for the services of financial institutions and research, technical and other services as necessary to implement this act;
(iv) Select the financial institutions to manage the Wyoming stable tokens;
(v) Seek rulings and other guidance from the United States department of the treasury, the United States internal revenue service, the United States securities and exchange commission and any other relevant federal agency relating to this act;
(vi) Utilize the services of the state treasurer's office in investing and managing the Wyoming stable token trust account;
(vii) Employ a director and employees as it deems necessary for the performance of its duties. The commission shall prescribe the powers and duties and fix the compensation of the director and employees. The director shall be required to furnish fingerprints for submission to the federal bureau of investigation or any governmental agency or entity authorized to receive fingerprints for a state, national and international criminal history background check.
(d) The commission shall:
(i) Notwithstanding W.S. 9-4-716, maintain, invest and reinvest the funds received for issuing Wyoming stable tokens and any earnings from those investments in accordance with investment policies established by rule and regulation of the commission in consultation with the treasurer and according to this act;
(ii) Oversee the review and audit of the operations and transactions implemented pursuant to this act to include the commissioning of independent audits as necessary. Costs incurred to perform independent audits and reviews of the implementation of this act shall be deemed operational costs.
(e) Before initially issuing any Wyoming stable tokens, the director shall provide a comprehensive report to the select committee on blockchain, financial technology and digital innovation technology and the joint minerals, business and economic development interim committee on all actions taken under this act.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-106 - Wyoming Stable Token Accounts.

40-31-106. Wyoming stable token accounts.
(a) The Wyoming stable token trust account is created. The commission shall deposit all funds received for the issuance of Wyoming stable tokens into the account. Funds within the account received from the sale of Wyoming stable tokens shall be held in trust to support the redemption of Wyoming stable tokens, and shall not be expended for any other purpose but shall be expended to redeem Wyoming stable tokens. The commission shall invest funds within the account exclusively in United States treasury bills. By creation of this trust, the state does not create any fiduciary duty to token holders. Investment earnings generated by the funds in the account may be deposited in the Wyoming stable token administration account as provided in subsection (b) of this section.
(b) Not less than one hundred percent (100%) of the notional value of all outstanding issued Wyoming stable tokens shall be maintained in the Wyoming stable token trust account. All earnings paid on funds and investments in the account shall be deposited in the account. Investment earnings on funds in the account in excess of one hundred two percent (102%) of the notional value of all outstanding issued Wyoming stable tokens shall be transferred to the Wyoming stable token administration account.
(c) The Wyoming stable token administration account is created. Funds received into the account from any source shall be retained, expended or transferred and are continuously appropriated according to the following priority:
(i) To pay for the operational costs of this act;
(ii) Retention of savings in an amount consistent with rules set by the commission to provide for future expenditures under paragraph (i) of this subsection;
(iii) Any remainder shall be distributed on a quarterly basis, into the school foundation program account created by W.S. 21-13-306(a).
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-107 - Redemption.

40-31-107. Redemption.
One (1) Wyoming stable token shall be redeemable for one (1) United States dollar upon demand as set forth by rule of the commission. The value of the Wyoming stable token upon redemption shall be one (1) United States dollar for each one (1) Wyoming stable token, unless the interest rate of United States treasury bills at the time of redemption is negative or the total assets available in the Wyoming stable token trust account divided by the number of outstanding Wyoming stable tokens is less than one (1) dollar, in which case the value of the Wyoming stable token upon redemption shall be the liquidated value of the United States treasury bill redeemed to pay the demand for the Wyoming stable token as determined by rule of the commission. In no case shall the redemption result in the state paying a higher amount than the total assets in the Wyoming stable token trust account divided by the number of outstanding Wyoming stable tokens after all expenses have been paid as determined by the commission and auditor as provided by rules and regulations of the commission.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-108 - Notice of Limitations.

40-31-108. Notice of limitations.
Under rules adopted by the commission, every contract, application or other similar document that may be used in connection with the purchase of Wyoming stable tokens shall clearly state that the Wyoming stable token is not insured by this state and the principal deposited is not guaranteed by the state beyond the notional value of the Wyoming stable token trust account.
2023 Wyoming Statutes › Title 40 - Trade and Commerce › Chapter 31 - Wyoming Stable Token Act › Section 40-31-109 - Limitations on Liability.

40-31-109. Limitations on liability.
(a) The state shall not be liable to any person for any amount beyond the notional value of the fund maintained in the Wyoming stable token trust account. Any Wyoming stable tokens issued under this act are payable and collectable solely out of the Wyoming stable token trust account. Token holders shall not look to any general or other state fund for redemption of any Wyoming stable tokens. The Wyoming stable tokens shall not constitute any indebtedness or a debt within the meaning of any constitutional or statutory provision or limitation. The tokens shall not be considered or held to be general obligations of the state but shall constitute special obligations of the state and the commission shall not pledge the state's full faith and credit for redemption of any Wyoming stable token.
(b) The state, the board and employees of the Wyoming stable token commission shall be entitled to immunity from liability, including defense, in connection with any contract or transaction involving or related to Wyoming stable tokens under this act. The state shall be entitled to reasonable attorney fees and costs from any party who brings an unsuccessful action on the notional value of a token.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-101 - Permit for Construction of Glendo Reservoir and Storage of Water; Restrictions; Adjudication of Water Rights After Issuance.

41-1-101. Permit for construction of Glendo Reservoir and storage of water; restrictions; adjudication of water rights after issuance.
(a) That the state engineer of the state of Wyoming is hereby authorized to approve when prepared in proper form and checked against his records, the application of the United States of America, bureau of reclamation, for permit to construct the Glendo Reservoir and to store water of the state of Wyoming from the North Platte River for the irrigation of lands in the states of Wyoming and Nebraska, and for development of power, flood control and silt control purposes.
(b) This permit may contain whatever restrictions the state engineer may consider necessary to protect water rights and other rights of the state of Wyoming.
(c) After issuance of permit under legislative authority and completion of the work according to terms of the permit, the state board of control is hereby authorized to adjudicate the water right upon proper showing of completion of construction. This authorization is made to conform with W.S. 41-4-104.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-105 - Use of Underground Water in Adjoining State; Adjudication by Board of Control.

41-1-105. Use of underground water in adjoining state; adjudication by board of control.
After issuance of the permit under legislative authority and completion of the work according to the terms of the permit, the board of control may adjudicate said underground water rights upon proof of beneficial use as provided by W.S. 41-4-511.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-106 - Water and Related Land Resources Planning; Commission's Responsibility.

41-1-106. Water and related land resources planning; commission's responsibility.
The commission is responsible for the coordination of Wyoming's water and related land resources planning and with the approval of the governor is authorized to enter into contracts and agreements with the United States of America or its duly authorized representative agency for planning pertaining to the utilization of Wyoming's water and related land resources.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-107 - Water and Related Land Resources Planning; Authority of Commission.

41-1-107. Water and related land resources planning; authority of commission.
(a) With the approval of the governor the commission is authorized to accept federal funds through grants or matching funds or from other sources for water and related land resources planning.
(b) The commission is authorized:
(i) To adopt rules and regulations as are necessary to implement any programs which may be required of the state by federal water and related land resources planning legislation; and
(ii) To implement any programs which are required by this legislation to make the state eligible to receive funds from the federal government to carry out water and related land resources planning.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-108 - Water and Related Land Resources Planning; Dispositions of Monies and Commission Offices.

41-1-108. Water and related land resources planning; dispositions of monies and commission offices.
(a) Any funds so received shall be deposited with the state treasurer, to be accounted for as provided by law. Money may be expended as provided by law. All records, property, personnel positions and unused funds not necessary for administrative duties as determined by the state engineer shall be transferred for water planning development from the state engineer's budget to the commission.
(b) The commission shall occupy the facilities presently occupied by the water planning division of the office of state engineer or such facilities as may be made available.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-109 - Interference With Natural Flow of Thermal Springs; Authority to Correct.

41-1-109. Interference with natural flow of thermal springs; authority to correct.
The state engineer is given the authority to abolish, correct, discontinue or stop any condition which interferes with the natural flow of any thermal spring on state lands.
2023 Wyoming Statutes › Title 41 - Water › Chapter 1 - General Provisions › Section 41-1-110 - Interference With Natural Flow of Thermal Springs; Nonthermal Water or Mineral Development.

41-1-110. Interference with natural flow of thermal springs; nonthermal water or mineral development.
Nothing in this act shall be construed to limit any nonthermal water, or mineral development so long as said development does not interfere with the natural flow of the thermal springs covered by this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-107 - Water Resources Plans; Review; Submission to Commission.

41-2-107. Water resources plans; review; submission to commission.
The commission shall formulate and from time to time review and revise water and related land resources plans for the state of Wyoming and for appropriate regions and river basins. The plans shall implement the policies stated in the Wyoming constitution and in statutes pertaining to the state's water and related land resources.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-108 - Water Resources Plans; Powers of Commission.

41-2-108. Water resources plans; powers of commission.
(a) In the formulation of these plans the commission may:
(i) Repealed by Laws 1979, ch. 59, 5.
(ii) Consult with and receive the views of persons, local groups and organizations representing water users, special interests, industries and the public interest, and acquire data and information relating to water, water use, water conservation, and water quality from government agencies, departments and other sources;
(iii) Coordinate the water resources plans with other government agencies and departments;
(iv) Undertake studies, investigations, surveys and research relevant to the formulation of the water resources plans and enter into contracts and arrangements for the same with any government agency, department, or any person, firm, university, institution, or state or national organization;
(v) Adopt, in whole or in part, studies and reports made by other governmental agencies, state or federal; and
(vi) Perform other related activities or functions as are relevant and appropriate to the formulation of water resources plans.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-109 - Water Resources Plans; Contents.

41-2-109. Water resources plans; contents.
(a) The water resources plans shall, to the extent deemed practical:
(i) Identify, describe and inventory the occurrence, amounts, availability and quality of water resources, current uses of water, activities that affect the quality of water, and activities that are dependent on, affected by, or relate to water and uses of water;
(ii) Identify and describe prospective needs and demands for water and opportunities for water development, control, withdrawal, storage, conservation, supply, distribution, drainage and disposal;
(iii) Identify and specify for each plan appropriate state, regional and local goals and objectives for management of water resources, including the obtaining of economic efficiency and a desirable distribution of income, the protection of the health, safety and welfare of the people, the protection and encouragement of particular industries and activities, the protection and enhancement of the environment and recreation; and
(iv) Evaluate and compare prospective and anticipated uses and projects, including combinations and coordinations thereof, uses of alternative sources of water and alternative uses of water, in terms of goals identified pursuant to paragraph (iii) of this subsection.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-110 - Water Resources Plans; Duties of Commission.

41-2-110. Water resources plans; duties of commission.
(a) The commission shall:
(i) Publish the water resources plans as they are formulated and adopted and disseminate them to people, industries and government departments and agencies;
(ii) Give advice and assistance if requested to government departments and agencies, furnish to them the appropriate plans, and make available related subsidiary and additional data and information, or data and information related to plans in the process of preparation;
(iii) Recommend action or legislation needed to implement and carry out the plans.
(iv) Repealed by laws 1979, ch. 59, 5.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-111 - Suits for Enforcement of Water Rights; Appeals From Decisions of State Engineer and State Board of Control.

41-2-111. Suits for enforcement of water rights; appeals from decisions of state engineer and state board of control.
(a) Upon the request of the state engineer, the attorney general shall bring suit in the name of the state of Wyoming, in the proper district court, to enjoin the unlawful appropriation, diversion or use of the waters of the state, or the waste or loss thereof. A showing of injury in such suits shall not be required as a condition to the issuance of any temporary restraining order, preliminary or permanent injunction. If an appeal is taken from the judgment or decree entered by the district court in such suit, it shall be the duty of the supreme court, at the request of one (1) of the parties, to advance the appeal to the head of its docket and give it precedence over all other civil causes in the hearing and determination thereof.
(b) Upon any appeal being taken from the board of control or state engineer to a district court, it shall be the duty of the court, at the request of one (1) of the parties, to advance the appeal to the head of its trial docket and to give the appeal precedence over all civil causes in the hearing and determination thereof. If an appeal is then taken from the judgment or decree of the district court to the supreme court of the state, it shall be the duty of the supreme court, at the request of one (1) of the parties to the appeal, to advance the appeal to the head of its docket and give it precedence over all civil causes in the hearing and determination thereof.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-112 - Wyoming Water Development Program.

41-2-112. Wyoming water development program.
(a) The Wyoming water development program is established to foster, promote and encourage the optimal development of the state's human, industrial, mineral, agricultural, water and recreational resources. The program shall provide, through the commission, procedures and policies for the planning, selection, financing, construction, acquisition and operation of projects and facilities for the conservation, storage, distribution and use of water, necessary in the public interest to develop and preserve Wyoming's water and related land resources. The program shall encourage development of water facilities for irrigation, for reduction of flood damage, for abatement of pollution, for preservation and development of fish and wildlife resources and for protection and improvement of public lands and shall help make available the waters of this state for all beneficial uses, including but not limited to municipal, domestic, agricultural, industrial, instream flows, hydroelectric power and recreational purposes, conservation of land resources and protection of the health, safety and general welfare of the people of the state of Wyoming.
(b) In developing financing recommendations under the Wyoming water development program, the commission shall:
(i) Emphasize multi-purpose water projects for maximum benefits and cost allocation;
(ii) Identify project costs and benefits;
(iii) Recommend an allocation of project costs, including expenditures of state funds for Level I reconnaissance studies and Level II feasibility studies, to be reimbursed by project beneficiaries and to be borne by the state;
(iv) Recommend terms and conditions of financing project costs, maintenance and operation, based on the benefits to be derived by project beneficiaries and their respective ability to pay;
(v) Consider all funds, assets and revenue sources of all project beneficiaries and recommend financing plans which will reimburse expenditures of state funds, except as such expenditures may be allocated to a state benefit, including enhancement of fish and wildlife habitat or recreation;
(vi) Consider state construction and ownership of any project which requires the state to finance unreimbursed costs in excess of ten percent (10%) of the total project cost, and submit recommendations on project costs and potential revenues from sale of water or power from the project;
(vii) Consider any other factors necessary to develop comprehensive financing recommendations.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-113 - Definitions.

41-2-113. Definitions.
(a) As used in W.S. 41-1-106 through 41-1-108 and 41-2-107 through 41-2-118:
(i) "Project" means any dam, reservoir, canal, ditch, well or well field, hydroelectric power plant, regulatory work and all works and facilities necessary for the supply and utilization of water for beneficial uses, including the improvement of any feature, facility, function or portion of a project;
(ii) "Construct" means to construct, to acquire by legal means, to contribute or loan funds for the construction of and to finance the construction or acquisition of a project;
(iii) "Commission" means the Wyoming water development commission created by W.S. 41-2-117.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-115 - Report; Authorization; Assignment.

41-2-115. Report; authorization; assignment.
(a) In preparation of the final concept design under W.S. 41-2-114(a)(ii), the commission shall after giving public notice hold a public hearing within the affected water division. Any interested person, association or state or federal agency may appear and participate as a party. Following the hearing, the commission shall make public a report of their findings relative to whether the project is in the public interest, stipulating if the proposed project functions and services can be served by any person, association or corporation engaged in private enterprise, or if private enterprise has refused to provide the functions and services identified as being required by the proposed project. The commission shall then proceed as set forth in subsections (b) and (c) of this section. Nothing in this section shall be construed to interfere with the duties of the state engineer or the state board of control.
(b) The commission shall within ninety (90) days following the public hearings transmit its findings and recommendations to the governor and legislature pursuant to W.S. 41-2-114(a). Within thirty (30) days following receipt of the findings and recommendations of the commission, the governor shall submit separate recommendations concerning the projects to the legislature. If the recommendations of the governor differ from those of the commission, the governor shall state the reasons for nonconcurrence with the recommendations of the commission.
(c) If the commission finds that a project is desirable and in the public interest, and that some other governmental agency, public district or private corporation or association is desirous and capable of constructing, operating and maintaining the project and accomplishing the public interest to be served thereby, the commission, with the approval of the governor and the legislature, shall transfer or assign the project and any property or rights connected therewith to the agency, district, corporation or association upon agreed terms for reimbursement of the expense of predevelopment costs, payment for property and assurances of construction, operation and maintenance.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-116 - Water Rights.

41-2-116. Water rights.
(a) The director of the Wyoming water development office shall, at the direction of the governor, file applications in the name of the state of Wyoming for permits to appropriate water, to construct dams and other works, and to take the steps necessary to acquire, maintain or preserve the priority of any right essential to any project which is or may become a project of the Wyoming water development program, except that nothing in this subsection shall be construed to authorize or empower the director of the Wyoming water development office to acquire water rights through the power of eminent domain.
(b) All laws of the state relating to the appropriation and use of water shall apply to any projects of the Wyoming water development program.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-117 - Wyoming Water Development Commission; Membership; Removal; Terms.

41-2-117. Wyoming water development commission; membership; removal; terms.
(a) The Wyoming water development commission is created to consist of ten (10) members. The membership shall include:
(i) Nine (9) persons, two (2) shall be residents appointed from each water division of the state as defined in W.S. 41-3-501, at least one (1) will be a person having an adjudicated water right. One (1) resident of Wyoming shall be appointed at large and one (1) shall be an enrolled member of the Eastern Shoshone or Northern Arapaho tribes who is resident on the Wind River Indian Reservation:
(A) They shall be appointed by the governor, after consultation with the superintendent of each water division and approval of the senate, and may be removed by the governor as provided in W.S. 9-1-202;
(B) Not more than seventy-five percent (75%) of the members shall be of the same political party;
(C) Appointments are for a term of four (4) years;
(D) Five (5) of the first appointees shall serve two (2) year terms and four (4) appointees shall serve four (4) year terms;
(E) No person shall be appointed for more than two (2) consecutive terms;
(F) If any member ceases to reside in or is absent from the division from which appointed for a continuous period of six (6) months or more, the governor shall declare his office vacant and shall appoint a successor from the same division for the unexpired term;
(G) The governor shall fill a vacancy for an unexpired term in a like manner to subparagraph (F) of this paragraph;
(H) The commission shall annually select one (1) of its members as chairman and one (1) of its members as secretary;
(J) To serve as consultants without vote the following are designated:
(I) The state engineer or his designee;
(II) The chief executive officer of the Wyoming business council or other person designated by the council; and
(III) A person with interest, training and expertise in water resource matters from the University of Wyoming or the Wyoming Water Resource Research Institute, appointed by the president of the university with the approval of the board of trustees.
(b) Members from the four (4) water divisions, the at-large member and the tribal member shall be voting members of the commission. Six (6) members constitute a quorum for the transaction of commission business.
(c) All grant and loan programs over which the commission has authority shall be administered by the Wyoming water development office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-119 - Groundwater Studies.

41-2-119. Groundwater studies.
(a) The Wyoming water development commission may grant not to exceed eight million eight hundred thousand dollars ($8,800,000.00) to incorporated cities and towns, water and sewer districts and improvement and service districts in Wyoming for exploration for and feasibility studies of the use of underground water for municipal and rural domestic purposes, not to exceed four hundred thousand dollars ($400,000.00) for any one (1) exploration or study. The grants shall be made from revenues from water development account I and those revenues are hereby so appropriated. Any city or town, water and sewer district or service and improvement district receiving a grant pursuant to this section shall provide at least twenty-five percent (25%) of the cost of the exploration or study from its own funds. The commission shall adopt rules and regulations governing application procedures for the grants.
(b) The commission may expend from the funds appropriated under subsection (a) of this section for exploration and for feasibility studies of the use of underground water for municipal and rural domestic purposes subject to the following conditions:
(i) The exploration or study shall be conducted in conjunction with an incorporated city or town, water and sewer district or service and improvement district in Wyoming under an agreement;
(ii) Not more than four hundred thousand dollars ($400,000.00) in state funds shall be expended for any one (1) exploration or study under this subsection;
(iii) The incorporated city or town, water and sewer district or service and improvement district shall provide at least twenty-five percent (25%) of the cost of the exploration or study from funds other than under this subsection;
(iv) The incorporated city or town, water and sewer district, or improvement and service district shall apply for participation in this program under procedures established by rules and regulations adopted by the commission.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-120 - Approval of Loans, Construction or Water Contracts and Agreements.

41-2-120. Approval of loans, construction or water contracts and agreements.
All loans, construction or water contracts and agreements to which the state is a party, entered into pursuant to this act or W.S. 41-2-114, shall be submitted to the select [water] committee for thirty (30) days for its review and recommendation and approved and executed by the governor and the head of the agency, commission or board.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-122 - Protection and Rights of Landowner.

41-2-122. Protection and rights of landowner.
(a) The Wyoming water development commission shall include in the planning process at Level I notification to a landowner whose lands may be flooded or otherwise physically affected, as determined by the administrator. The commission shall include in the planning process at Level II consultation with any landowner whose land may be flooded or otherwise physically affected by a proposed water project and shall include a report on the proposed mitigation of landowner impacts as jointly identified by the commission and the landowner.
(b) The Wyoming water development commission shall consult with and supply copies of reports and studies to any landowner whose land will be flooded or physically affected by any proposed water development project. The commission and any employees or other persons under the control of the commission shall mitigate any damages and disruption of the landowner's operations during the study phase including prevention of public nuisances and shall enter on private property only in the manner provided by W.S. 1-26-506 and shall also be subject to W.S. 1-26-507 and 1-26-508.
(c) In proceeding with Level III, construction and operation plans, the commission shall follow the requirements of the Wyoming Eminent Domain Act, shall negotiate in good faith with affected landowners and, in addition, shall attempt to mitigate damages which may occur from the impacts enumerated in subsection (a) of this section.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-123 - Project Studies Generally; Hearings; Reimbursement of Costs; Source of Funding; Use of Unobligated Funds; Recommendations to Legislature.

41-2-123. Project studies generally; hearings; reimbursement of costs; source of funding; use of unobligated funds; recommendations to legislature.
(a) The commission, after public notice, is authorized to conduct public workshops and public hearings in the affected regions on projects which have been approved for study by the legislature pursuant to W.S. 41-2-114.
(b) For each project authorized for Level I or Level II study by the legislature, the commission shall make a recommendation on the following alternatives:
(i) Proceed with next level of activity;
(ii) Continue study at the presently authorized level of activity; or
(iii) Terminate consideration of the project.
(c) Funds appropriated by the legislature for Level I reconnaissance studies and Level II feasibility studies may be included in the costs to be reimbursed by project beneficiaries as provided by W.S. 41-2-112(b)(ii), unless otherwise specifically provided by the legislature.
(d) For projects completed and in use prior to 1970, the funding for Level I and Level II activities shall come from those within water development account II unless otherwise specifically provided by the legislature.
(e) The water development commission may commence and contract for a Level II feasibility study of a project using unobligated funds authorized by law for a Level I reconnaissance study of the project if:
(i) The Level I study is substantially complete;
(ii) The due date for the Level I study report established by the legislature has not occurred;
(iii) The commission finds the Level II study to be in the best interest of the state;
(iv) The select water committee created under W.S. 28-11-101 reviews the commission request to proceed with the Level II study.
(f) All recommendations, including proposed legislation, from the water development commission to the legislature required by law regarding specific water projects shall be presented to the select water committee created by W.S. 28-11-101 not later than fifteen (15) days prior to commencement of the legislature to which the reports are due. The committee shall review and make recommendations to the legislature regarding commission recommendations and proposed legislation.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 1 - In General › Section 41-2-125 - Office of Water Programs Created; Duties; Annual Report.

41-2-125. Office of water programs created; duties; annual report.
(a) There is created the office of water programs within the office of research at the University of Wyoming. The office of water programs shall:
(i) Work directly with the director of the Wyoming water development office to identify research needs of state and federal agencies regarding Wyoming's water resources, including funding under the National Institutes of Water Resources (NIWR);
(ii) Serve as a point of coordination for and to encourage research activities by the University of Wyoming to address the research needs identified in paragraph (i) of this subsection;
(iii) In conjunction with the Wyoming water development office, submit a report annually prior to each legislative session to the select water committee and the Wyoming water development commission on the activities of the office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 2 - Projects › Section 41-2-203 - Renumbered as 99-99-203 by Laws 2009, Ch. 168, 401.

41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, 401.
Part 2. City of Cheyenne
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 2 - Projects › Section 41-2-211 - Renumbered as 99-99-211 by Laws 2009, Ch. 168, 401.

41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, 401.
Part 3. Fremont Lake Project
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 2 - Projects › Section 41-2-218 - Renumbered as 99-99-218 by Laws 2009, Ch. 168, 401.

41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, 401.
Part 5. Shell Canal
2023 Wyoming Statutes › Title 41 - Water › Chapter 2 - Planning and Development › Article 13 - Transfer of Water › Section 41-2-1301 - Transfer of Water Authorized; Conditions.

41-2-1301. Transfer of water authorized; conditions.
(a) Pursuant to W.S. 41-3-115, the United States Bureau of Reclamation and the Wyoming water development office are hereby authorized to transfer a maximum of thirty-three thousand four hundred ninety-three (33,493) acre feet of storage water per year from the environmental account in the Pathfinder Modification Project within Pathfinder reservoir to the Wyoming-Nebraska state line for the purpose of providing regulatory certainty under the Endangered Species Act for the use of Wyoming water in the Platte River basin.
(b) Pursuant to W.S. 41-3-115, and the Wyoming water development office is hereby authorized to transfer a maximum of nine thousand six hundred (9,600) acre feet of storage water per year from the Wyoming account in the Pathfinder Modification Project within Pathfinder reservoir to the Wyoming-Nebraska state line through annual temporary water use agreements with the Platte River Recovery Implementation Program in any year the storage water in the Wyoming account is not needed by the state of Wyoming as a municipal water supply or a replacement water supply to meet the state of Wyoming's obligations in the Nebraska v. Wyoming settlement agreement and the Platte River Recovery Implementation Program.
(c) The authorizations granted under subsections (a) and (b) of this section shall terminate if the state of Wyoming withdraws from the Platte River Recovery Implementation Program or any successor programs approved by the governor.
(d) If the director of the Wyoming water development office determines that Wyoming water users are not receiving the regulatory certainty under the endangered species act as provided for in the Platte River recovery implementation program, he shall submit a report to the select water committee outlining the inadequacy of the regulatory certainty.
(e) If the state engineer determines that the transfers authorized under subsections (a) and (b) of this section cause injury to Wyoming water users beyond those identified in the final opinion and recommendations provided to the legislature pursuant to W.S. 41-3-115(q), then the state engineer shall report the injury to the select water committee.
(f) Any revenue generated through the annual temporary water use agreements for storage water from the Wyoming account shall be deposited in the account created by W.S. 41-2-1001(a)(iv).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-101 - Nature of Water Rights and Beneficial Use.

41-3-101. Nature of water rights and beneficial use.
A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state relating thereto, and in conformity with the rules and regulations dependent thereon. Beneficial use shall be the basis, the measure and limit of the right to use water at all times, not exceeding the statutory limit except as provided by W.S. 41-4-317. In addition to any beneficial use specified by law or rule and regulation promulgated pursuant thereto, the use of water for the purpose of extracting heat therefrom is considered a beneficial use subject to prior rights. Water being always the property of the state, rights to its use shall attach to the land for irrigation, or to such other purposes or object for which acquired in accordance with the beneficial use made for which the right receives public recognition, under the law and the administration provided thereby. Water rights for the direct use of the natural unstored flow of any stream cannot be detached from the lands, place or purpose for which they are acquired, except as provided in W.S. 41-3-102 and 41-3-103, pertaining to a change to preferred use, and except as provided in W.S. 41-4-514.