reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-210 - Tabulations of Adjudicated Water Rights; Distribution and Sale of Copies; Disposition of Proceeds.

41-4-210. Tabulations of adjudicated water rights; distribution and sale of copies; disposition of proceeds.
The state board of control is hereby instructed to deposit with the state library five (5) copies for use therein and to distribute sufficient copies for administrative purposes to the water division superintendents and water commissioners and their assistants. The balance of the copies of the complete tabulations of adjudicated water rights in Water Divisions Nos. 1, 2, 3 and 4 shall be safely kept by the board of control for sale at a reasonable price to be determined by the board. Funds derived from the sale of such volumes shall be paid into the general fund of the state of Wyoming.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 2 - State Board of Control › Section 41-4-211 - Authority to Administer Oaths; Rulemaking Authorized.

41-4-211. Authority to administer oaths; rulemaking authorized.
(a) The members of the board of control shall administer oaths in all cases where it is necessary in the performance of their official duties.
(b) The board of control may adopt reasonable rules and regulations to carry out the duties imposed by law on the board of control. The rules and regulations may specify that the applicant shall pay the cost of advertising.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-301 - Streams to Be First Adjudicated.

41-4-301. Streams to be first adjudicated.
The method of determining the priority and amounts of appropriation to be as follows: the board of control shall decide at their first meeting, the streams to be first adjudicated, and shall fix a time for the beginning of taking of testimony, and the making of such examination as will enable them to determine the rights of the various claimants.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-302 - Notice; by Publication; Contents; Taking of Testimony; Adjournment of Hearings Generally.

41-4-302. Notice; by publication; contents; taking of testimony; adjournment of hearings generally.
The said board shall prepare a notice, setting forth the date when the engineer will begin a measurement of the stream, and the ditches diverting the water therefrom, and a place, and a day certain, when the superintendent of the water division in which the stream to be adjudicated is situated, shall begin the taking of testimony as to the rights of the parties claiming water therefrom. Said notice shall be published in two (2) issues of a newspaper having general circulation in the county in which such stream is situated, the publication of said notice to be at least thirty (30) days prior to the beginning of taking testimony by said division superintendent, or for the measurement of the stream by the state engineer, or his assistant; and the superintendent taking such testimony shall have the power to adjourn the taking of evidence from time to time, and from place to place; provided, all places appointed and adjourned to by the superintendent shall be so situated, as related to the streams, as shall best suit the proper convenience of the persons interested in the determination of such priorities and appropriations.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-303 - Notice; by Mail to Claimants.

41-4-303. Notice; by mail to claimants.
It shall also be the duty of said division superintendent to mail to each party having a recorded claim to waters of said stream, by registered mail, a similar notice setting forth the date when the state engineer, or his assistant, will begin the examination of the stream and ditches diverting water therefrom, and also the date when the superintendent will begin the taking of testimony, and the date when the taking of such testimony by said division superintendent shall close.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-304 - Notice; All Claimants to Be Notified.

41-4-304. Notice; all claimants to be notified.
In issuing notices to claimants in priority adjudications of the waters of any stream and its tributaries, as provided in W.S. 41-4-305, all parties named in claiming the waters of said stream or tributaries in said transcript shall be notified by mail.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-305 - Notice; Enclosure of Form for Statement by Claimant; Contents.

41-4-305. Notice; enclosure of form for statement by claimant; contents.
(a) Said division superintendent shall, in addition, enclose with said notice a blank form on which said claimant shall present in writing all the particulars showing the amounts and dates of appropriations to the use of water of said stream to which he lays claim; the said statement to include the following:
(i) The name and post office address of the claimant;
(ii) The nature of the use on which the claim for appropriation is based;
(iii) The time of the commencement of such use, and if distributing works are required;
(iv) The date of beginning of the survey;
(v) The date of beginning of construction;
(vi) The date when completed;
(vii) The date of beginning and completion of enlargements;
(viii) The dimensions of the ditch as originally constructed and as enlarged;
(ix) The date when water was first used for irrigation or other beneficial purposes, and if used for irrigation, the amount of land reclaimed the first year; the amount in subsequent years, with the dates of reclamation, and the amount of land such ditch is capable of irrigating;
(x) The character of the soil and the kind of crops cultivated and such other facts as will show a compliance with the law in acquiring the appropriation and the rank of priority claimed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-306 - Notice; Statements to Be Under Oath; Administering.

41-4-306. Notice; statements to be under oath; administering.
Each of said claimants shall be required to certify to his statements under oath, and the superintendent of the water division in which the testimony is taken is hereby authorized to administer such oaths, which shall be done without charge to the claimant, as also shall be the furnishing of blank forms for said statement.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-307 - Notice; Payment of Printing Costs.

41-4-307. Notice; payment of printing costs.
All bills for the printing of notices to claimants of water in the adjudications provided for in this act shall be paid for by the secretary of the state board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-308 - Taking of Testimony Generally; Taking of Proof.

41-4-308. Taking of testimony generally; taking of proof.
Upon the date named in the notice provided for in the preceding sections, the division superintendent shall begin the taking of testimony and shall continue until the testimony shall be completed; provided, that in case the division superintendent of any water division is directly or indirectly interested in the water of any stream of his division, or is prevented by illness or other disability from the taking of the proofs, the taking of evidence so far as relates to the stream shall be under the direction of the division superintendent of the next nearest water division or under the direct personal supervision of the state engineer, as may be deemed by the engineer the most expedient. Provided, that in the taking of proofs of appropriation of water made under a permit issued by the state engineer, the permits having been issued subsequent to the adjudication of the waters of the stream from which the appropriation is made, the superintendent may, in his discretion, authorize the water commissioner of the district in which the appropriation is made to take the proofs. Upon the taking of the proofs so ordered the water commissioner shall at once forward them to the division superintendent. The water commissioner shall take no proofs except those specifically ordered by the division superintendent. Provided that in the taking of proofs of appropriation of water made under a permit issued by the state engineer subsequent to the adjudication of the water of the stream from which the appropriation is made, the superintendent may, in his discretion authorize the water commissioner of the district in which the appropriation is made to take the proofs. Upon the taking of the proofs so ordered the water commissioner shall at once forward them to the division superintendent. The water commissioner shall take no proofs except those specifically ordered by the division superintendent.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-309 - Notice on Completion of Testimony; Inspection of Evidence.

41-4-309. Notice on completion of testimony; inspection of evidence.
Upon the completion of the taking of evidence by the division superintendent, it shall be his duty to at once give notice, in one (1) issue of some newspaper of general circulation in the county where such determination is, and by registered mail to the various claimants, that upon a certain day, and a place named in the notice, all of said evidence shall be open to the inspection of the various claimants, and said superintendent shall keep said evidence open to inspection at said place, not less than one (1) day and not more than five (5) days.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-310 - Duty of Claimants to Appear; Failure to Comply; Time Limits for Appearance; Rights of Claimant Not Notified of Adjudication.

41-4-310. Duty of claimants to appear; failure to comply; time limits for appearance; rights of claimant not notified of adjudication.
Whenever the state board of control shall, as provided by law, proceed to adjudicate and determine the rights of the various claimants to the use of water upon any stream or other body of water, it shall be the duty of all claimants interested in such stream or other body of water to appear and submit proof of their respective appropriations, at the time and in the manner required by law; and any such claimant who shall fail to appear in such proceedings and submit proof of his appropriations shall be barred and estopped from subsequently asserting any rights theretofore acquired upon the stream or other body of water embraced in such proceedings, and shall be held to have forfeited all rights to the use of said stream theretofore claimed by him. Provided, that any person claiming the right to the use of water of any stream heretofore adjudicated by the board of control who, having been or claiming to have been at the time an appropriator therefrom, shall have failed to appear and submit proof of his claim shall be permitted within one (1) year after the passage of this act, but not thereafter, to apply for a hearing and an adjudication of his rights in the manner hereinafter provided; and provided, further, that any claimant upon whom no other service shall be made than by publication in the newspaper, of the notice of such proceedings and taking of testimony, may, within one (1) year after the entry of the order or decree of the board, determining the rights of the various claimants upon any particular stream or other body of water, have the same opened and be let in to give proof of his appropriation; but before the decree of the board can be opened in such case, the applicant shall give notice to all other persons interested in the water of the stream or other body of water in question, and shall with his petition file the same kind of proof as required of claimants in original hearings and make it appear to the satisfaction of the board that during the pendency of the proceedings he had no actual notice thereof in time to appear and make proof of his claim; and all parties interested may present affidavits as to the matter of actual notice of the applicant.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-311 - Others Contesting Rights of Original Claimants; When Permitted; Procedures Generally.

41-4-311. Others contesting rights of original claimants; when permitted; procedures generally.
Whenever the rights to the use of the waters of any stream and all its tributaries within the state have been adjudicated as provided by law, and it shall appear by the records of such adjudication that it had not been had at one (1) and the same proceeding, then in such case the state board of control shall be and is hereby authorized to give notice of the opening to public inspection of all proofs or evidences of appropriation of water, and the findings of the board in relation thereto from the stream and its tributaries in the manner and according to the provisions of W.S. 41-4-309; and any persons, corporations or associations who may desire to contest the claims or rights of other persons, corporations or associations, as set up in the proofs or established by the board, shall proceed in the manner provided for in W.S. 41-4-312, 41-4-313 and 41-4-314; provided, that contests may not be entered into and shall not be maintained except between appropriators who were not parties to the same adjudication proceedings in the original hearings.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-312 - Others Contesting Rights of Original Claimants; Notice to Superintendent; Time Limits; Affidavit; Notice of Hearing Generally.

41-4-312. Others contesting rights of original claimants; notice to superintendent; time limits; affidavit; notice of hearing generally.
Should any person, corporation or association of persons owning any irrigation works, or claiming any interest in the stream or streams involved in the adjudication, desire to contest any of the rights of the persons, corporations or associations who have submitted their evidence to the superintendent as aforesaid; such persons, corporations or associations shall, within fifteen (15) days after the testimony so taken shall have been opened to public inspection, in writing, notify the superintendent of the water division in which is located said irrigation works or stream or streams, stating with reasonable certainty the grounds of their proposed contest, which statement shall be verified by the affidavit of the contestant, his agent or attorney, and the said division superintendent shall notify the said contestant and the person, corporation or association whose rights are contested, to appear before him at such convenient place as the superintendent shall designate in said notice.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-313 - Others Contesting Rights of Original Claimants; When Hearing to Be Held; Notice; Powers of Superintendents; Proceedings Generally.

41-4-313. Others contesting rights of original claimants; when hearing to be held; notice; powers of superintendents; proceedings generally.
Said superintendent shall also fix the time, both as to the day and hour, for the hearing of said contest, which date shall not be less than thirty (30) nor more than sixty (60) days from the date the notice is served on the party, association or corporation, which notice and the return thereof shall be made in the same manner as summons are served in civil actions in the district courts of this state. Superintendents of water divisions shall have power to adjourn hearings from time to time upon reasonable notice to all the parties interested, and to issue subpoenas and compel the attendance of witnesses to testify upon such hearings, which shall be served in the same manner as subpoenas issued out of the district courts of the state; and shall have the power to compel such witnesses so subpoenaed to testify and give evidence in said matter; said witnesses shall receive fees as in civil cases, to be paid by the party or parties against whom the contest shall be finally determined. The evidence on such proceedings shall be confined to the subjects enumerated in the notice of contest.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-314 - Others Contesting Rights of Original Claimants; Daily Deposit Required During Hearings; Cost of Preparation of Transcript; Disposition of Moneys Deposited Upon Close of Hearing.

41-4-314. Others contesting rights of original claimants; daily deposit required during hearings; cost of preparation of transcript; disposition of moneys deposited upon close of hearing.
The superintendent shall require a deposit of eight dollars ($8.00) from each of the contestants and contestees for each day he shall be so engaged in taking evidence on said contest. The contestant shall pay the cost of preparation of the transcript of said evidence before the contest is transmitted by the superintendent to the board of control for final determination or adjudication. Upon the final determination or the adjudication of the matters by the board of control, an order shall be entered directing that the money so deposited shall be refunded to the persons, associations or corporations in whose favor such contest shall be determined, and that all moneys deposited by other parties therein shall be turned over by the superintendent to the state treasury to the credit of the general fund.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-315 - Others Contesting Rights of Original Claimants; Duty of Superintendent to Transmit Evidence and Testimony to Board of Control; Issuance and Costs of New Certificate.

41-4-315. Others contesting rights of original claimants; duty of superintendent to transmit evidence and testimony to board of control; issuance and costs of new certificate.
(a) Upon the completion of the testimony and evidence taken in contests initiated under the provisions of this act, it shall be the duty of the superintendent to transmit all evidence and testimony in said contests to the office of the board of control in person or by registered mail, and the action of said board in relation thereto shall be governed by the provisions of law applicable to contest cases in original adjudication proceedings; provided, that, if as a result of any such contest it shall be necessary to cancel any final certificate theretofore issued by said board and issue a new certificate in accordance with the findings of the board, such certificate shall be issued without cost to the person entitled to it, other than is incident to a proper recording of such certificate in the office of the county clerk.
(b) Upon the completion of the evidence in the original hearing before the superintendent, and the evidence taken in all contests, it shall be his duty to transmit all the evidence and testimony in said adjudication to the office of the board of control in person, or by registered mail.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-316 - Examination and Measurement of Capacity of Streams and Works Diverting Water; Maps or Plats.

41-4-316. Examination and measurement of capacity of streams and works diverting water; maps or plats.
It shall be the duty of the state engineer or some qualified assistant, to proceed at the time specified in the notice to the parties on said stream, to be adjudicated, to make an examination of said stream, and the works diverting water therefrom, said examination to include the measurement of the discharge of said stream, and of the carrying capacity of the various ditches and canals diverting water therefrom; an examination of the irrigated lands and an approximate measurement of the lands irrigated, or susceptible of irrigation from the various ditches and canals, which said observation and measurements shall be reduced to writing, and made a matter of record in his office; and it shall be the duty of the state engineer to make, or cause to be made, a map or plat on a scale of not less than one (1) inch to the mile, showing, with substantial accuracy, the course of said stream, the location of each ditch or canal diverting water therefrom, and the legal subdivisions of lands which have been irrigated, or which are susceptible of irrigation from the ditches and canals already constructed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-317 - Determination of Priorities to Streams; Limitations on Amount of Water to Be Allotted; Disposition of Excess Water Generally.

41-4-317. Determination of priorities to streams; limitations on amount of water to be allotted; disposition of excess water generally.
At the first regular meeting of the board of control after the completion of such measurement by the state engineer, and the return of said evidence by said division superintendent, it shall be the duty of the board of control to make and cause to be entered of record in its office, an order determining and establishing the several priorities of right to the use of waters of said stream, and the amounts of appropriations of the several persons claiming water from such stream, and the character and kind of use for which said appropriation shall be found to have been made. Each appropriation shall be determined in its priority and amount, by the time by which it shall have been made, and the amount of water which shall have been supplied for beneficial purposes; provided, that such appropriator shall at no time be entitled to the use of more water than he can make a beneficial application of on lands, for the benefit of which the appropriation may have been secured, and the amount of any appropriation made by reason of an enlargement of distributing works, shall be determined in like manner; provided, that no allotment for the direct use of the natural unstored flow of any stream shall exceed one (1) cubic foot per second for each seventy (70) acres of land for which said appropriation shall be made, and provided, further, where there may be in any stream water in excess of the total amount of all appropriations from said stream, such excess shall be divided among the appropriators therefrom in proportion to the acreage covered by their respective permits, and provided, also, that such additional water shall be beneficially used, except as hereinafter provided.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-318 - Surplus Water; Defined.

41-4-318. Surplus water; defined.
For the purpose of this act, surplus water is hereby defined to be that quantity of water belonging to the state of Wyoming flowing in the natural channel of any main stream or a tributary of a main stream within the boundaries of Wyoming, at any time in excess of the total amount required to furnish to all existing appropriations from said stream system the maximum amount of water for which all said appropriations have been granted, whether by permit or by adjudicated decree as of March 1, 1945.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-319 - Surplus Water; Regulation and Control.

41-4-319. Surplus water; regulation and control.
It shall be the duty of the state engineer, water superintendents and water commissioners and their assistants to divide, regulate and control the diversion and taking of surplus water from any stream in a manner that all applicants will be able to obtain a proportionate share, as hereinafter defined, of the surplus water.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-320 - Surplus Water; Rights of Use Generally.

41-4-320. Surplus water; rights of use generally.
(a) A right to the use of surplus water as herein defined in the amount of one (1) cubic foot of water per second for each seventy (70) acres of land having an adjudicated water right or a water right under permit is hereby adjudicated to attach to all original direct flow water rights, and only on lands described in adjudicated appropriations as of record in the office of the state board of control or under valid permits or filings as of record in the office of the state engineer. The rights so adjudicated shall bear date of priority as of March 1, 1945. Rights unadjudicated shall acquire the surplus right as the original is perfected.
(b) Any permits issued or water rights granted in the state of Wyoming after March 1, 1945, shall be subject to the adjudication of surplus water as provided herein.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-321 - Surplus Water; Who May Divert.

41-4-321. Surplus water; who may divert.
Surplus water, as herein defined, may be diverted by anyone having either an adjudicated appropriation or a permit granting a right to divert and take from said stream and/or its tributaries a quantity of water for beneficial use.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-322 - Surplus Water; Limitations on Use.

41-4-322. Surplus water; limitations on use.
Each applicant shall be entitled to divert for beneficial use such quantity of surplus water as he can so use, not in excess of one (1) cubic foot of water per second of time for each seventy (70) acres of land irrigated therewith, and not in excess of an amount which equals his proportionate share of the total quantity of previously appropriated water from said stream.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-323 - Surplus Water; Senior Priority.

41-4-323. Surplus water; senior priority.
When anyone has applied surplus water to beneficial use, as herein provided, he shall be entitled thereafter to divert and beneficially use his proportionate share thereof, and such diversion and beneficial use, when accomplished, is hereby declared to be an appropriation of such water, entitled to a priority senior to any water right acquired after March 1, 1945.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-324 - Surplus Water; Construction of w.s. 41-4-317 Through 41-4-324.

41-4-324. Surplus water; construction of W.S. 41-4-317 through 41-4-324.
Nothing in this act shall be so construed as to permit, authorize or make lawful the diversion or taking of any water other than surplus water as herein defined.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-325 - Contents of Certificate of Priority; Recording; Fees; Transmittal of Appropriation; Fees for Proofs Submitted at Hearings; Disposition.

41-4-325. Contents of certificate of priority; recording; fees; transmittal of appropriation; fees for proofs submitted at hearings; disposition.
As soon as practicable after the determination of the priorities of appropriation of the use of waters of any stream, it shall be the duty of the secretary to issue to each person, association or corporation represented in the determination a certificate to be signed by the president of the board of control, and attested under seal, setting forth the names and post office address of the appropriator; the priority date and number of the appropriation; the amount of water appropriated; and if the appropriation is for irrigation, a description of the legal subdivisions of land to which the water is to be applied. Certificates shall be transmitted to the county clerk of the county in which the appropriation shall have been made, and it shall be the duty of the county clerk upon receipt of the recording fee required by W.S. 18-3-402 to record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the same to the respective appropriators. At the time of the submission of testimony to the division superintendent he shall collect for each proof taken a fee not to exceed fifty dollars ($50.00) which fee shall be transmitted to the secretary of the board of control together with the testimony and proofs of appropriation. The county recording fee shall be used as above provided and the remainder shall be credited to the general fund.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-326 - Conclusiveness of Final Decrees of Board.

41-4-326. Conclusiveness of final decrees of board.
The final orders or decrees of the state board of control, in the proceedings provided by law for the adjudication and determination of rights to the use of the public waters of the state, shall be conclusive as to all prior appropriations, and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the adjudication, subject, however, to the provisions of law for rehearings in such proceedings and for the reopening of the orders or decrees therein and for appeals from such orders or decrees.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-327 - Rehearing After Final Order of Board.

41-4-327. Rehearing after final order of board.
After any final order of the board of control adjudicating the priorities upon any stream, any party interested therein may within one (1) year thereafter apply for a rehearing for reasons to be stated in the application; and upon the filing of such application, the secretary of the board shall mail written notice thereof to every other party interested, and therein fixing and stating a time when said application will be heard.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-328 - Authority to Modify Order and Correct Testimony.

41-4-328. Authority to modify order and correct testimony.
Upon such hearing the board shall have authority to modify or alter the original order in such respect as shall appear just and proper. But it shall not be necessary for an application for rehearing to be filed to entitle any party to an appeal. Upon such hearing the board shall also have authority to permit, upon good cause shown, the correction of the testimony of any party or witness, if it shall appear that a mistake has occurred therein, but no other new evidence shall be received at such hearing unless it shall be shown to the satisfaction of the board that the same is material, and has been discovered since the taking of the original testimony and could not with reasonable diligence have been discovered before that time.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-329 - Excess Water; Defined.

41-4-329. Excess water; defined.
For the purpose of this act, excess water is hereby defined to be that quantity of water belonging to the state of Wyoming flowing in the natural channel of any main stream or a tributary of a main stream within the boundaries of Wyoming, at any time in excess of the total amount required to furnish to all existing appropriations from the stream system the maximum amount of water to which all appropriations are entitled, whether by permit or by adjudicated decree as of March 1, 1985.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-330 - Excess Water; Rights of Use Generally.

41-4-330. Excess water; rights of use generally.
(a) A right to the use of excess water as defined by W.S. 41-4-329 in the amount of one (1) cubic foot per second for each seventy (70) acres of land having an adjudicated water right or a water right under permit, except those having a priority date prior to March 2, 1945, is hereby adjudicated to attach to all original direct flow water rights, and only on lands described in adjudicated appropriations of record in the office of the state board of control or under valid permits or filings of record in the office of the state engineer. The rights so adjudicated shall bear date of priority as of March 1, 1985. Rights unadjudicated shall acquire the excess right as the original is perfected.
(b) Any permits issued or water rights granted in the state of Wyoming with a priority date after March 1, 1985, shall be subject to the adjudication of excess water as provided herein.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 3 - Adjudication › Section 41-4-331 - Excess Water; Senior Priority.

41-4-331. Excess water; senior priority.
When anyone has applied excess water to beneficial use, as herein provided, he shall be entitled thereafter to divert and beneficially use his proportionate share thereof, and the diversion and beneficial use, when accomplished, is hereby declared to be an appropriation of the water, entitled to a priority senior to any water right acquired after March 1, 1985. The provisions of W.S. 41-4-321 through 41-4-324 shall apply to excess water in the same manner as it does to surplus water, except that excess water shall, pursuant to W.S. 41-4-323, have a priority date of March 1, 1985. The term "surplus" in W.S. 41-4-324 shall apply to excess water under this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 4 - Proceedings Upon Appeal › Section 41-4-401 - Rights of Appeal to District Court.

41-4-401. Rights of appeal to district court.
Any party or number of parties acting jointly, who may feel themselves aggrieved by the determination of the board of control, may have an appeal from the board of control to the district court of the county in which the stream or streams, involved in such determination, may be situated, provided that in case the said stream or streams shall be situate in, and run through more than one (1) judicial district, or more than one (1) county, then, and in such case, it shall be the duty of the board of control, in making its determination, to designate the district court of the county, to which such appeal may be taken. All persons joining in the appeal shall be joined as appellants and all persons having interests adverse to the parties appealing, or either of them, shall be joined as appellees.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 4 - Proceedings Upon Appeal › Section 41-4-406 - Pleadings and Practice.

41-4-406. Pleadings and practice.
All proceedings on appeal shall be conducted according to the provisions of the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 4 - Proceedings Upon Appeal › Section 41-4-407 - Procedure After Judgment.

41-4-407. Procedure after judgment.
It shall be the duty of the clerk of the district court immediately upon the entry of any judgment, order or decree by the district court, or by the judge thereof, in an appeal from the decision of the board of control, to transmit a certified copy of said judgment, order or decree to the secretary of the state board of control. It shall be the duty of the secretary to immediately enter the same upon the records of such office, and the state engineer shall forthwith issue to the superintendent or superintendents of water divisions, instructions in compliance with the said judgment, order or decree, and in execution thereof.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 4 - Proceedings Upon Appeal › Section 41-4-408 - Costs; Division of Water Pending Appeal.

41-4-408. Costs; division of water pending appeal.
All costs made and accruing by reason of such appeal shall be adjudged to be paid by the party or parties against whom such appeal shall be finally determined. During the time an appeal from the order of the board of control is pending in the district court, and until a certified copy of the judgment, order or decree of the district court is transmitted to the state engineer, the division of water from the stream involved in such appeal shall be made in accordance with the order of the board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-501 - Permit Required Prior to Construction of Ditches, Canals or Other Distributing Works; Contents of Application; Unlawful Diversion or Use of Water Prohibited; Rulemaking Authority.

41-4-501. Permit required prior to construction of ditches, canals or other distributing works; contents of application; unlawful diversion or use of water prohibited; rulemaking authority.
(a) Any person, association or corporation hereafter intending to acquire the right to the beneficial use of the public water of the state of Wyoming shall, before commencing the construction, enlargement or extension of any ditch, canal or other distributing works, or performing any work in connection with said construction, or proposed appropriation, make an application to the state engineer for a permit to make such appropriation. Such application shall set forth the name, email address, if any, 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 ditch, canal or other work, the time within which it is proposed to begin construction, the time required for completion of construction and the time required for the complete application of the water to the proposed use. The application shall also state whether the applicant will opt for any notices issued under this article to be delivered only by electronic means. Each applicant shall maintain a current post-office address with the state engineer and shall maintain an email address with the state engineer if opting for notice only by electronic means under this subsection. Any person who shall willfully divert or use water to the detriment of others without compliance with law shall be deemed guilty of a misdemeanor punishable pursuant to W.S. 41-3-616.
(b) The state engineer may allow the application to be submitted electronically as provided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through 40-21-119.
(c) The state engineer may adopt reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to implement this section.
(d) Any rules and regulations implementing this section or any predecessor to this section which were duly adopted according to the procedure for adoption at the time of adoption, which were effective as of July 1, 2008 and which have not been repealed or replaced as of July 1, 2008, are deemed to have been lawfully adopted in accordance with law and within the scope of the state engineer's rulemaking authority.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-502 - Application for Permit to Acquire Right to Beneficial Use of Public Water; Duty of State Engineer Upon Receipt; Use for Irrigation Purposes; Defective Applications; Corrections; Cancellation; Extensions.

41-4-502. Application for permit to acquire right to beneficial use of public water; duty of state engineer upon receipt; use for irrigation purposes; defective applications; corrections; cancellation; extensions.
On receipt of an application for a permit to acquire the right to the beneficial use of the public water of the state of Wyoming, which application shall be on a form prescribed or designated by the state engineer, it is the state engineer's duty to date the application and to make a record of receipt of the application in his office. It is the state engineer's duty to examine all applications to ascertain that they contain all the necessary information to show the location, nature and amount of the proposed beneficial use. If the proposed beneficial use is for irrigation purposes, the application shall give the total acreage to be irrigated and the acreage in each legal subdivision of land proposed to be irrigated. If, upon such examination, an application submitted in hard copy is found defective, it is the duty of the state engineer to return the application for correction, with reasons therefor, and the time allowed within which to make such corrections, which shall not be less than ninety (90) days, shall be endorsed on the application, or by correspondence accompanying the return of the application, and a record made thereof. A like record shall be kept of the date of the return of corrected applications, and of the date of the refusal and return of applications rejected. If the application is submitted in hard copy, the defective application shall be returned by United States postal service or by other generally accepted mail delivery method to the post-office address given by the applicant. If the application is submitted electronically, the defective application shall be returned electronically. If, at the expiration of the time allowed within which to make such corrections, the application has not been returned to the office of the state engineer with the corrections properly made, it is the duty of the state engineer to cancel the filing covered by the application. The state engineer, if in his opinion an extension is justified, or, upon request by the applicant for good cause shown, shall grant extensions of time for making corrections. However, extensions will not be granted if the request for the extension is received after the expiration of the time period the applicant seeks to extend.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-503 - Recordation; Approval or Rejection Generally.

41-4-503. Recordation; approval or rejection generally.
All applications which shall comply with the provisions of this chapter, and with the regulations of the engineer's office, shall be recorded in a suitable book kept for that purpose; and it shall be the duty of the state engineer to approve all applications made in proper form, which contemplate the application of the water to a beneficial use and where the proposed use does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, it shall be the duty of the state engineer to reject such application and refuse to issue the permit asked for.
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-504 - Endorsement by State Engineer; Return to Applicant; Effect of Approval or Rejection.

41-4-504. Endorsement by state engineer; return to applicant; effect of approval or rejection.
The refusal or approval of an application shall be endorsed thereon and a record made of such endorsement in the state engineer's office. The application so endorsed shall be returned to the applicant. If approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works, and to take all steps required to apply the water to a beneficial use, and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work, or the diversion and use of the public water so long as such refusal shall continue in force. Any violation of this section, unless exempt under W.S. 41-3-301, shall be punishable pursuant to W.S. 41-3-616(a).
2023 Wyoming Statutes › Title 41 - Water › Chapter 4 - Board of Control; Adjudication of Water Rights › Article 5 - Application for Permit for Appropriation; Procedure › Section 41-4-505 - Additional Information Before Approval or Rejection.

41-4-505. Additional information before approval or rejection.
(a) Before either approving or rejecting an application, the state engineer may require such additional information as will enable him to properly guard the public interests, and may, in the case of applications proposing to divert more than twenty-five (25) cubic feet of water per second of time, or to reclaim over one thousand (1,000) acres of land, require a statement of the following facts:
(i) In case of incorporated companies, he may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and of its paid up capital;
(ii) If the applicant is not an incorporated company, he may require a showing as to the name or names of the party or parties proposing to construct the work, and a showing of facts necessary to enable him to determine whether or not they have the financial ability to carry out the proposed work, and whether or not the said application has been made in good faith.