reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-102 - Preferred Uses; Defined; Order of Preference.

41-3-102. Preferred uses; defined; order of preference.
(a) Water rights are hereby defined as follows according to use: preferred uses shall include rights for domestic and transportation purposes, steam power plants, and industrial purposes; existing rights not preferred, may be condemned to supply water for such preferred uses in accordance with the provisions of the law relating to condemnation of property for public and semi-public purposes except as hereinafter provided.
(b) Preferred water uses shall have preference rights in the following order:
(i) Water for drinking purposes for both man and beast;
(ii) Water for municipal purposes;
(iii) Water for the use of steam engines and for general railway use, water for culinary, laundry, bathing, refrigerating (including the manufacture of ice), for steam and hot water heating plants, and steam power plants; and
(iv) Industrial purposes.
(c) The use of water for irrigation shall be superior and preferred to any use where water turbines or impulse water wheels are installed for power purposes; provided, however, that the preferred use of steam power plants and industrial purposes herein granted shall not be construed to give the right of condemnation.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-103 - Preferred Uses; Procedure for Change of Use.

41-3-103. Preferred uses; procedure for change of use.
Where it can be shown to the board of control under the provisions hereof, that a preferred use is to be made, the procedure for a change of such use shall embrace a public notice, an inspection and hearing if necessary by and before the proper division superintendent, a report of such superintendent to the board of control, and an order by said board. If the change of use is approved, just compensation shall be paid and under the direction of the board, proper instruments shall be drawn and recorded.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-104 - Procedure to Change Use or Place of Use.

41-3-104. Procedure to change use or place of use.
(a) When an owner of a water right wishes to change a water right from its present use to another use, or from the place of use under the existing right to a new place of use, he shall file a petition requesting permission to make such a change. The petition shall set forth all pertinent facts about the existing use and the proposed change in use, or, where a change in place of use is requested, all pertinent information about the existing place of use and the proposed place of use. The board may require that an advertised public hearing or hearings be held at the petitioner's expense. The petitioner shall provide a transcript of the public hearing to the board. The change in use, or change in place of use, may be allowed, provided that the quantity of water transferred by the granting of the petition shall not exceed the amount of water historically diverted under the existing use, nor exceed the historic rate of diversion under the existing use, nor increase the historic amount consumptively used under the existing use, nor decrease the historic amount of return flow, nor in any manner injure other existing lawful appropriators. The board of control shall consider all facts it believes pertinent to the transfer which may include the following:
(i) The economic loss to the community and the state if the use from which the right is transferred is discontinued;
(ii) The extent to which such economic loss will be offset by the new use;
(iii) Whether other sources of water are available for the new use.
(b) In all cases where the matter of compensation is in dispute, the question of compensation shall be submitted to the proper district court for determination.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-108 - Lands Taken Out of Agricultural Production or Lands Taken by Eminent Domain; Retention of Priority.

41-3-108. Lands taken out of agricultural production or lands taken by eminent domain; retention of priority.
(a) Where lands are taken out of agricultural production as the necessary result of acquisitions for railroad roadbed construction, highway construction, mining or petroleum extraction operations or industrial site acquisitions or lands taken by proceedings in eminent domain or which have become impracticable to irrigate by reason of any of the foregoing conditions, the owner of an affected water right may transfer the water right to other lands held by the owner. The petition for the change in use, or change in place of use shall be properly filed within five (5) years of the date the land went out of production because of any of the conditions specified herein. Failure to file the petition within five (5) years results in forfeiture of the right except as otherwise provided.
(b) The petition for a change in use, or change in place of use, of a water right under this section shall retain its original date of priority.
(c) For a period of five (5) years after the effective date of this act, any appropriator whose land has been out of production for more than five (5) years may petition the board requesting transfer of the water rights involved. The granting or denial of a petition under these circumstances is within the discretion of the board. The decision of the board may be appealed to the district court. The board may hold public hearings in connection with a petition being considered pursuant to this section. All costs in conjunction with the hearing shall be borne by the petitioner.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-109 - Construction of w.s. 41-3-107.

41-3-109. Construction of W.S. 41-3-107.
The provisions of this act shall be valid notwithstanding the provisions of W.S. 41-3-101.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-111 - Right to Acquire Temporary Water Rights for Highway or Railroad Roadbed Construction or Repair; Right of Owner Who Cannot Satisfy in Full His Right During Time of Diversion.

41-3-111. Right to acquire temporary water rights for highway or railroad roadbed construction or repair; right of owner who cannot satisfy in full his right during time of diversion.
The owner of any permanent water right, whether prior or subsequent in priority to that temporary right acquired by any person under this act who cannot satisfy in full his right during the time said temporary user is diverting water under its temporary water right shall have the absolute right upon demand being made upon the appropriate state water commissioner to cause such diversion to be shut off until such time as said owner's water right is satisfied, or until it is proven that the shutting down of the diversion has no effect upon owner's right.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-112 - Right to Acquire Temporary Water Rights for Highway or Railroad Roadbed Construction or Repair; Wrongfully Causing Diversion to Be Shut Down.

41-3-112. Right to acquire temporary water rights for highway or railroad roadbed construction or repair; wrongfully causing diversion to be shut down.
It shall be unlawful for any person to wrongfully cause a diversion made under a temporary water right required under and by virtue of this act to be shut down. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-113 - Supplemental Supply Water Rights.

41-3-113. Supplemental supply water rights.
A supplemental supply water right is defined as a permit or certificate of appropriation for the diversion, from a stream, of water from a new source of supply for application to lands for which an appropriation of water from a primary source already exists. Such supplemental supply permits or certificates of appropriation may be allowed by the state engineer or the state board of control under such regulations or conditions as he or it may prescribe. The use and administration of presently existing rights for supplemental supply appropriations or rights for supplemental supply appropriations hereafter acquired shall hereafter be made upon the express condition that the total amount of water to be diverted at any one (1) time both under a primary appropriation of water and a supplemental supply appropriation shall not be in excess of one (1) cubic foot of water per second of time for each seventy (70) acre tract so irrigated, except that when the right to divert water under the provisions of W.S. 41-4-317 through 41-4-324, is permitted the total amount of surplus water to be diverted at any one (1) time both under a primary appropriation of water and a supplemental supply appropriation shall not be in excess of one (1) cubic foot of water per second for each seventy (70) acre tract so irrigated. Nothing herein shall be construed to apply to water stored under a reservoir permit.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 1 - Generally › Section 41-3-116 - Permit for Watering Livestock on Federal Land.

41-3-116. Permit for watering livestock on federal land.
(a) As used in this section:
(i) "Allotment" means a designated area of federal land available for livestock grazing;
(ii) "Animal unit month" or "AUM" means the amount of forage needed to sustain one (1) cow and her calf, one (1) horse or five (5) sheep or goats for one (1) month;
(iii) "Federal agency" means the United States, the President of the United States and any department, corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States;
(iv) "Grazing permit" means a permit, lease or other document authorizing livestock to graze on an allotment;
(v) "Livestock" means as defined by W.S. 11-22-101(a)(ii) but does not include wild horses claimed by the federal government under the federal Wild Free-Roaming Horses and Burros Act, P.L. 92-195.
(b) Notwithstanding any other provision of this title regarding permits to appropriate water, any permit issued for the purposes of watering livestock on an allotment shall:
(i) Only be issued in the name of a federal agency jointly with a person or grazing association who has the right to use a grazing permit;
(ii) Be appurtenant to the allotment or land on which the livestock is watered;
(iii) Not be changed under W.S. 41-3-104 or amended under W.S. 41-4-514 without seeking the consent of the holder or holders of a valid grazing permit to graze livestock on the allotment.
(c) Any permit issued jointly in the name of a federal agency and a grazing permit holder under this section may be transferred to a different person or grazing association that receives an allotment or grazing permit on that federal land by filing for a permit assignment accompanied by documentary evidence to the state engineer's office.
(d) Notwithstanding W.S. 41-3-401, no appropriation for the purpose of livestock watering on an allotment is subject to abandonment or partial abandonment if:
(i) The nonuse is caused by, in whole or in part, a federal agency's reduction of the AUMs on the allotment; or
(ii) The nonuse is voluntary because a grazing permit holder chooses not to graze livestock on that allotment, provided that the nonuse shall not exceed five (5) successive years.
(e) Nothing in this section shall affect any livestock water right or permit held by a federal agency on or before July 1, 2022.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-201 - Definition.

41-3-201. Definition.
All that part and amount of the waters of an interstate stream which, unless prevented by artificial barrier, will enter the state of Wyoming from another state while flowing in a natural stream channel, and which have been, or may hereafter be, determined by final decree of the supreme court of the United States not to be available for diversion and application to beneficial use within the state of Wyoming, or other waters originating outside of the state of Wyoming, and which neither the state of Wyoming nor any Wyoming appropriator could divert and use as against another state or appropriators therein, the rights to which through purchase, exchange or negotiation are acquired by anyone for beneficial use in the state of Wyoming, and which are conveyed, imported or permitted to flow into the state of Wyoming through the channel of any natural stream, or otherwise, are, for the purposes of this act, hereby defined as "foreign water".
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-202 - Right to Acquire.

41-3-202. Right to acquire.
Anyone may lawfully acquire by purchase or through other negotiations entered into with the owner of a water right in another state or with such other state or with both such owner and state, the right to bring into Wyoming for beneficial use all or any portion of the stream flow of foreign water, as herein defined, arising without the boundaries of the state of Wyoming and flowing into this state.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-203 - Transportation in Interstate Channels.

41-3-203. Transportation in interstate channels.
The owner of the right of beneficial use of any foreign water acquired for beneficial use within the state of Wyoming may transport the same in the natural channel of any interstate stream from the state boundary line to the point in the state of Wyoming where the owner of such water desires to divert and take same from said natural stream channel, and shall have the right to divert and take from said natural stream channel, the full quantity of the foreign water which the owner thereof shall have caused to be delivered into the channel of such natural stream at the state boundary line, less that quantity of foreign water only representing loss in the transportation thereof from the state boundary line to the point of diversion in the state of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-204 - Duty to Supervise Delivery; Expense.

41-3-204. Duty to supervise delivery; expense.
It is hereby made the duty of the Wyoming state engineer, water division superintendents, water commissioners and deputy water commissioners, to supervise the delivery of such foreign water from the state boundary line where it enters the state of Wyoming in a natural stream channel, to the point of diversion in Wyoming; any additional expense of this supervision shall be borne by the owners of such foreign water as decided by the water officials of the state of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-205 - Rights of Owner; Priority of Claims; Subject to Appropriation and Diversion.

41-3-205. Rights of owner; priority of claims; subject to appropriation and diversion.
The owner of foreign water is hereby declared to have the exclusive right of beneficial use of such foreign water either for immediate application to beneficial use or by impounding the same in a reservoir for future application to beneficial use, as against any claim or right to appropriate any water belonging to the state of Wyoming, and against the right of any Wyoming appropriator to divert water from said interstate stream for beneficial use in Wyoming. All foreign water conveyed or allowed to flow into the state of Wyoming is hereby declared not to be subject to appropriation in Wyoming and not to be subject to diversion under any Wyoming appropriation notwithstanding the same shall flow in the channel of any natural stream within this state and notwithstanding the same may be commingled with the waters in such stream channel owned by the state of Wyoming or by appropriators under the laws of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-206 - Rights of Owner; Recording of Claim.

41-3-206. Rights of owner; recording of claim.
The owner of any foreign water conveyed or allowed to flow into the state of Wyoming from without the boundaries of this state shall file in the office of the secretary of the Wyoming state board of control, within the period of one (1) month before the first conveyance or flowage of such foreign water into the state of Wyoming, a certificate in writing, signed by the owner of such foreign water, specifying the former owner or owners of such foreign water, the amount thereof so acquired, the natural stream channel to be used in the state of Wyoming as a conduit for the delivery of such foreign water to the point of diversion in the state of Wyoming and also designating the point of diversion of such foreign water in the state of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-207 - Rights of Owner; Right to Divert and Use.

41-3-207. Rights of owner; right to divert and use.
The owners of foreign water may divert and use in priority order, all available water in said stream channel to which such owner may be lawfully entitled under any Wyoming appropriation to the same extent and under the same conditions as if such owner had not acquired any such foreign water.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-208 - Diverting From Owner Prohibited.

41-3-208. Diverting from owner prohibited.
It shall be unlawful for anyone not the owner thereof to divert and take from the natural channel of any interstate stream designated by the certificate required in W.S. 41-3-206 flowing within the state of Wyoming, any foreign water or in any manner interfere with the ability of the owner of foreign water to transport the same in the natural stream channel in Wyoming to the point of diversion and to divert the same thereat. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-209 - Change of Point of Diversion; Power to Petition Generally.

41-3-209. Change of point of diversion; power to petition generally.
Any person, association or corporation having heretofore acquired a right from an adjoining state to the beneficial use of the water of any stream, entering the state of Wyoming and where the point of diversion of the appropriation is located in the adjoining state and the ditch irrigates land within the state of Wyoming, and who desires to change the point of diversion from said stream from within the adjoining state to a point within the state of Wyoming, shall petition therefor to the state board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-210 - Change of Point of Diversion; Contents of Petition.

41-3-210. Change of point of diversion; contents of petition.
All petitions for such change of point of diversion shall be made to the state board of control setting forth the acreage in each legal subdivision of land irrigated, with the total acreage, together with a map, showing the location of the stream, the ditch, the old and new points of diversion, the new point of diversion in Wyoming to be tied to the nearest corner of the public land survey; the nature and extent of the irrigation works, their size, capacity, and length, and a certified copy of the proceedings had before the proper board, officer, or court, which has authority in the adjoining state to adjudicate water rights; amount of water adjudicated, the land for which the same was adjudicated; the date of priority, the date of adjudication, showing the existence of a valid water right, and that the same is in full force and effect.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-211 - Change of Point of Diversion; Endorsement and Recording of Petition.

41-3-211. Change of point of diversion; endorsement and recording of petition.
Upon receipt of the petition by the board of control, it shall be the duty of the president of said board to make an endorsement thereon of the date of its receipt, and to properly record receipt of the petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-212 - Change of Point of Diversion; Hearing.

41-3-212. Change of point of diversion; hearing.
It shall be the duty of the board of control at its next regular meeting following the receipt of such petition to examine same and ascertain if it sets forth all the facts required by W.S. 41-3-210, and the validity of the water right granted by the adjoining state. Upon it being made to appear to the satisfaction of the board of control that the requirements of law and the regulations of the board have been complied with and that the petitioner is entitled to make the proposed changes, the said petition shall be referred to the division superintendent of the proper water division for a public hearing to be held not later than one hundred and twenty (120) days, following the date so referred. The said superintendent shall, by order, require all persons interested to appear on said certain day to show cause why the petition should not be granted. The said order shall be published for four (4) consecutive weeks in a newspaper having general circulation in the county where the proposed change of point of diversion is located; provided, that the consent of all owners of intervening diversions be secured, or that those not secured shall be notified by registered mail at least thirty (30) days prior to the hearing date. Any party who may claim injury on account of said proposed change of point of diversion shall have the right to appear before the superintendent at the public hearing as ordered, and present evidence in support of said claim. The evidence of such hearing shall be confined to the subjects enumerated in the notice for hearing. Upon completion of the taking of testimony in such hearing, it shall be the duty of the division superintendent to transmit same to the office of the board of control together with a written report setting forth the procedure followed and the results accomplished. At the next regular meeting, the board shall consider the evidence transmitted and enter a proper order either granting or denying the petition.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-213 - Change of Point of Diversion; Rights of Applicant Upon Approval; Certificate of Appropriation.

41-3-213. Change of point of diversion; rights of applicant upon approval; certificate of appropriation.
The approval of the petition shall grant to the applicant the same right in all respects as existed under the laws of the adjoining state as to land to be irrigated, amount of water, and date of priority, as fully as though the water right had originally been acquired from the state of Wyoming. No direct flow appropriation shall be recognized under this act for an amount of water in excess of the statutory limit of one (1) cubic foot per second for each seventy (70) acres of land irrigated. The board of control shall issue a certificate of appropriation to applicants under this act, and the fee for issuing it shall not exceed fifty dollars ($50.00).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-214 - Change of Point of Diversion; Fees and Costs.

41-3-214. Change of point of diversion; fees and costs.
The applicant shall pay the statutory fee for a stenographer to take the testimony at each hearing, and provide for a stenographic record of the proceedings, and in addition the administrative costs of the hearing official and the necessary recording fee to record the order issued by the board, as hereinabove provided, in the office of the county clerk of the county in which the change of point of diversion is situated.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 2 - Rights to Foreign Waters › Section 41-3-215 - Change of Point of Diversion; Appeal From Adverse Decision.

41-3-215. Change of point of diversion; appeal from adverse decision.
Any applicant or person interested, feeling himself aggrieved by the decision of the board of control may appeal from said decision to the district court in the county in which said point of diversion is proposed to be located in the same manner and by the same procedure as set forth in W.S. 41-4-517, or amendments thereto.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-301 - Application for Reservoir Construction Permit; Contents; Procedure.

41-3-301. Application for reservoir construction permit; contents; procedure.
(a) Any person, corporation, association, or organization, of any nature whatsoever, hereafter intending to store or impound, for beneficial uses, any of the unappropriated waters of the state of Wyoming, shall, before commencing construction of any works for such purpose, or performing any work in connection with said proposed construction, make an application to the state engineer, for a permit to construct a reservoir. The application must set forth the name and post office address of the applicant; the source of the water supply; the nature of the proposed use; the location and description of the proposed work; the time within which it is proposed to begin construction, and the time required for the completion of construction. Maps and plans shall conform with the provisions of W.S. 41-4-510. In case of reservoirs where the storage is for stock purposes only and the capacity does not exceed twenty (20) acre-feet and the height of dam does not exceed twenty (20) feet, the state engineer may issue a permit without the filing of a map; however the state engineer may require certain information be submitted on special forms to be furnished or designated by him. Any violation of subsection (a) of this section shall be punishable pursuant to W.S. 41-3-616 with the exception that the owner of any unpermitted reservoir with a capacity of twenty (20) acre-feet or less and a dam height of twenty (20) feet or less shall have forty-five (45) days after receipt of the written notice of violation pursuant to W.S. 41-3-616(a), to submit an application for a permit. The application shall meet the requirements of the state engineer's office. Each day of the forty-five (45) days shall not be counted as a separate violation if the application for a reservoir permit is received during this forty-five (45) day period.
(b) For reservoir permits issued in conjunction with the national pollutant discharge elimination system (NPDES) for mining operations, the state engineer shall promptly review the application and advise the applicant in writing if it is complete, within thirty (30) days. If the application is complete, or is resubmitted to the satisfaction of the state engineer, it shall be approved or denied within forty-five (45) days of this determination:
(i) For the purpose of this subsection "complete" means that the application contains all the essential and necessary elements and is acceptable for further review for substance and compliance with the provisions of this chapter.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-302 - Application for Construction Permit; Conditions; Secondary Permit; Certificate of Appropriation.

41-3-302. Application for construction permit; conditions; secondary permit; certificate of appropriation.
All applications under this article shall be subject to the provisions of W.S. 41-4-502 through 41-4-510, 41-4-517 and 41-3-615, which set forth the duties and authority of the state engineer and provide for the protection of the rights of applicants; provided that an enumeration of any lands proposed to be irrigated under this article shall not be required in the primary permit, provided, further, that any party or parties desiring to appropriate such stored water to particular lands may file with the state engineer an application for permit to be known herein as the secondary permit, in compliance with the provisions of W.S. 41-4-501 through 41-4-510 and 41-4-517. In the event secondary permit may be desired, said application shall refer to such reservoir for a supply of water and the state engineer shall not approve of said application and issue secondary permit until the applicant thereunder shall show to such state engineer by documentary evidence that he has entered into an agreement with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When beneficial use has been completed and perfected under the said secondary permit the division superintendent shall take the proof of the water user under such permit and the final certificate of appropriations shall refer to both the ditch described in the secondary permit and the reservoir described in the primary permit.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-303 - Use of Stored Water.

41-3-303. Use of stored water.
The use of water stored under the provisions of this chapter may be acquired under such terms as shall be agreed upon by and between the parties in interest. Lands entitled to the use of water in any reservoir may use the water stored therein, and to which they are entitled, at such times and in such amounts as the water users may elect, provided that a beneficial use of water is made at all times.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-304 - Use of Bed of Stream.

41-3-304. Use of bed of stream.
Whenever the owner, manager or lessee of a reservoir, constructed under the provisions of this act, shall desire the use of the bed of the stream, or other water course, for the purpose of carrying stored or impounded water from the reservoir to the consumer, or shall desire the use of any ditch to carry, convey or transmit any of the stored or impounded water for the benefit of any person having the right to have the reservoir water carried, conveyed or transmitted through the ditch under the laws of this state, he shall, in writing notify the water commissioner of the district in which the stored or impounded water is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume in acre feet and the names of all persons and ditches entitled to its use, and other matters as may be necessary to properly distribute the water. It shall then be the duty of the water commissioner to so adjust the headgates of all ditches of ditch companies or appropriators from the stream or water course, and the division boxes of individual consumers of water, not entitled to the use of the stored water, as will enable those having the right to secure the volume of water to which they are entitled. The commissioner shall not in any other manner interfere with the headgates or division boxes, except as otherwise provided by law. The water commissioner shall keep a true and just account of the time spent by him in the discharge of his duties as defined in this section, and it shall be the duty of the water commissioner or division superintendent to present a bill of one-half (1/2) the expense so incurred to the reservoir owner, manager or lessee, and if the owner, manager, or lessee shall neglect for three (3) days, after the presentation of the bills of costs, to pay the costs, the costs shall be made a charge upon the reservoir and shall be collected as delinquent taxes until the complete payment of the bill of costs has been made. Costs recovered under this section shall be paid into the general fund.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-305 - Direct Flow Storage.

41-3-305. Direct flow storage.
The holder or owner of an adjudicated water right to the direct use of the natural unstored flow of any surface stream of the state may store such direct flow so long as no other Wyoming appropriator or user is injured or affected thereby. Prior to the commencement of the storage of water under a direct flow water right, the appropriator shall submit a request for such storage in writing to the state engineer and shall obtain the approval of the state board of control. The state board of control may permit storage at any time so long as there is no interference with existing water rights or uses. The state engineer is authorized and empowered to prescribe such rules and regulations as may be necessary or desirable to enable him to effectively administer the provisions of this section.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-306 - Instream Stock Use.

41-3-306. Instream stock use.
In the administration of water rights on any stream and in the consideration of any applications for permits, the state engineer may require that water be provided to meet reasonable demands for instream stock use.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-308 - Alterations or Repairs of Dams or Diversion Systems; Plans and Specifications; Duties of State Engineer.

41-3-308. Alterations or repairs of dams or diversion systems; plans and specifications; duties of state engineer.
(a) Plans and specifications of any proposed construction, enlargement, major repair, alteration or removal of a dam or diversion system shall be prepared by or under the direction of a registered professional engineer licensed to practice in the state of Wyoming and experienced in dam design and construction, and shall be submitted to the state engineer for approval. It is unlawful to commence construction, enlargement, major repair, alteration or removal until the plans and specifications have been approved by the state engineer. At the request of the state engineer, the professional engineer responsible for the plans and specifications shall carry out any revisions of the plans and specifications or provide such additional information as is necessary to justify or clarify the design.
(b) A copy of all plans and specifications submitted under this section shall be kept on file in the state engineer's office.
(c) In the event that a proposed dam or diversion system is related to a facility which requires an industrial siting permit pursuant to W.S. 35-12-106:
(i) The plans and specifications of the proposed dam or diversion system shall be submitted to the state engineer at the same time that the application for an industrial siting permit is submitted to the industrial siting administration [industrial siting council] pursuant to W.S. 35-12-108;
(ii) The state engineer shall approve or reject the plans and specifications of the proposed dam or diversion system prior to the public hearing conducted pursuant to W.S. 35-12-110(f)(i);
(iii) The approval or rejection of the plans and specifications of the proposed dam or diversion system shall be binding on the industrial siting council for the purposes of issuing an industrial siting permit.
(d) The state engineer shall provide for the regulation and supervision of all dams, diversion systems and reservoirs by the state to the extent required to protect the public safety and property. The state engineer is authorized and directed to promulgate regulations and standards for the design, construction, enlargement, alteration, abandonment, maintenance, monitoring, operation, repair and removal of dams, reservoirs, and diversion systems as are necessary and proper to carry out the purposes of this act. The state engineer may waive any or all of the requirements of this act in instances where the dam or diversion system is located in a remote area where there is no threat to the public safety or property.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-309 - Alterations or Repairs of Dams or Diversion Systems; Inspections Performed and Reports Submitted to State Engineer by Professional Engineer.

41-3-309. Alterations or repairs of dams or diversion systems; inspections performed and reports submitted to state engineer by professional engineer.
(a) A registered professional engineer licensed to practice in the state of Wyoming shall be in charge of and responsible for the construction, enlargement, major repair, alteration or removal of any dam or diversion system.
(b) The engineer in charge shall provide for inspections at such intervals as deemed necessary to insure conformity with the approved plans and specifications, either by himself or by a person qualified to perform the inspections and for whose work the engineer stands personally responsible.
(c) All information obtained from, during or as the result of such inspection shall be made part of a report, certified to by the engineer in charge, which shall be submitted to the state engineer at such time or times as may be set by the state engineer.
(d) All reports submitted under this section shall be filed in the state engineer's office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-311 - Alterations or Repairs of Dams or Diversion Systems; Periodic Inspections.

41-3-311. Alterations or repairs of dams or diversion systems; periodic inspections.
(a) Any dam subject to the terms of this act shall be inspected at least once every ten (10) years or as often as deemed necessary based on the hazards of the dam to insure the continued protection of public safety and property.
(b) Inspections referred to in subsection (a) of this section shall be performed by the state engineer or his appointed representative who shall have right of entry upon private or government lands and is authorized to inspect the owner's technical data and other documentation as may be necessary to perform these inspections. All information obtained as a result of the inspections shall be filed in the state engineer's office.
(c) Inspections required under this section shall be made at state expense except as provided in W.S. 41-3-312 when a dam, reservoir or diversion system is found to be unsafe by the state engineer.
(d) If inspections performed under this section disclose defects in the works which in the judgment of the state engineer or his authorized agent constitute a threat to life or property, the state engineer may, without incurring any liability, order the draining of any reservoir involved, or the limitation or cessation of its use or the use of any defective works until such time as the owner of the reservoir or other works returns the works to a safe condition as approved by the state engineer.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-312 - Alterations or Repairs of Dams or Diversion Systems; Inspections at Other Than Regular Times; Cost; Unsafe Structures.

41-3-312. Alterations or repairs of dams or diversion systems; inspections at other than regular times; cost; unsafe structures.
(a) The state engineer may, or upon written request from any person or persons residing on or owning land near any dam, reservoir or diversion system shall, order an inspection of those works at any time other than the time set for regular inspections as provided for in W.S. 41-3-311(a). Before ordering an inspection, the state engineer may require any person or persons requesting the inspection to deposit a sum of money sufficient to pay the expenses of the inspection into the state engineer's holding account. If after the inspection the dam, reservoir or diversion system is determined to be in a safe and usable condition, the state engineer may cause the whole or part of the expenses of the inspection to be paid out of the state engineer's holding account. Any excess funds shall be returned to the person or persons advancing the funds.
(b) If the dam, reservoir or diversion system is found to be defective, any funds deposited by the person or persons requesting the inspection shall be returned and the state engineer may require the person or persons owning the dam, reservoir or diversion system in question to pay the whole or any part of the expenses of inspection. If the state engineer requires a payment, he shall present a bill of costs to the owner or owners, and if the owner or owners refuse or neglect to pay the costs within thirty (30) days after the presentation of the bill of costs, the costs shall constitute a lien upon the works or other properties of the owner or owners and may be collected by appropriate action in any court of competent jurisdiction. If the inspection discloses defects in the works which in the judgment of the state engineer or his authorized agent constitute a threat to life or property, the state engineer may, without incurring any liability, order the draining of any reservoir involved, or the limitation or cessation of its use or the use of any defective works until such time as the owner of the reservoir or other works returns the works to a safe condition as approved by the state engineer. The lien shall be filed as provided by W.S. 41-3-310(c).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-313 - Alterations or Repairs of Dams or Diversion Systems; Outlets; Maintenance; Draining by Breaching.

41-3-313. Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching.
(a) All dams and reservoirs hereafter constructed, with or without a controlled inlet, shall contain an outlet controlled by a headgate or other control works. The headgate or control works shall be maintained in an operable condition at all times and in a manner that water impounded by or within a dam or reservoir may be evacuated or maintained at any water level which may be required by the state engineer.
(b) All dams constructed prior to the effective date of this act which have no outlet or means for lowering the reservoir water level in an expeditious manner, may be drained by breaching at the owner's expense when the public safety so requires.
(c) The state engineer and anyone working under his direction and control shall not be held liable for any damages or loss of water resulting from the draining or imposed restrictions as to the use of a reservoir, dam or diversion system.
(d) If within thirty (30) days after presentation of an itemized statement the owner fails to reimburse the state engineer for expenses incurred under this section, any unpaid balance of such expense shall automatically constitute a lien upon lands or other properties of the owner.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-314 - Alterations or Repairs of Dams or Diversion Systems; Emergency Repairs or Breaching.

41-3-314. Alterations or repairs of dams or diversion systems; emergency repairs or breaching.
(a) In case of an emergency where the state engineer or his authorized representative declares that repairs or breaching of a dam or diversion system are immediately necessary to safeguard life and property, the necessary repairs or breaching shall be started immediately by the owner or by the state engineer or his representative at the owner's expense, if the owner fails to do so. The state engineer and emergency response agencies shall be notified at once of any changes in the physical conditions of the dam, diversion system, or reservoir which significantly increase the probability of failure of the dam or diversion works or the danger to life or property, proposed emergency repairs or breaching to be instituted by the owner. These reporting requirements shall apply only to cases in which an emergency has been declared pursuant to this subsection.
(b) If emergency repairs have been made and the emergency situation has passed, the owner shall commence all repairs necessary to return the dam or diversion system to a safe and usable condition, as provided in W.S. 41-3-308 through 41-3-310.
(c) All costs incurred by the state engineer during an emergency shall be payable by the owner or owners on receipt of the bill of costs from the state engineer. Costs not paid within thirty (30) days after presentation of the bill shall constitute a lien upon the dam or diversion system or other properties of the owner or owners and may be collected by appropriate action in any court of competent jurisdiction. The lien shall be filed as provided by W.S. 41-3-310(c).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-315 - Alterations or Repairs of Dams or Diversion Systems; Enforcement of Provisions.

41-3-315. Alterations or repairs of dams or diversion systems; enforcement of provisions.
For any reservoir the state engineer may enforce any sections of this act in such manner and by such means as may be necessary to insure the safety of the public and protection of property.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-316 - Alterations or Repairs of Dams or Diversion Systems; Actions Brought Against State, State Engineer or Employees Prohibited.

41-3-316. Alterations or repairs of dams or diversion systems; actions brought against state, state engineer or employees prohibited.
(a) No action shall be brought against the state or the state engineer or any of his agents or employees for the recovery of damages caused by the partial or total failure of any dam, reservoir or diversion system or damages caused by virtue of the operation of any dam, reservoir or diversion system upon the ground that such defendants are liable by virtue of any of the following:
(i) The approval of the dam, reservoir or diversion system or approval of flood handling plans during construction;
(ii) The issuance or enforcement of orders relative to maintenance or operation of any dam or reservoir;
(iii) Control and regulation of any dam, reservoir or diversion system;
(iv) Measures taken to protect against failure during an emergency; or
(v) Failure to take an action required by the provisions of this act.