reglab/statecodes huggingface dataset:
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-317 - Alterations or Repairs of Dams or Diversion Systems; Liability of Owners.

41-3-317. Alterations or repairs of dams or diversion systems; liability of owners.
Nothing in this act shall be construed to relieve an owner or owners of any reservoir, dam or diversion system of any legal duties, obligations or liabilities incident to their ownership or operation of or any damages resulting from the leakage or overflow of water or for floods resulting from the failure or rupture of the fill or structure for such works.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-318 - Penalties, Cancellation of Permit, for Failure to Comply With w.s. 41-3-308 Through 41-3-314.

41-3-318. Penalties, cancellation of permit, for failure to comply with W.S. 41-3-308 through 41-3-314.
Failure to comply with the provisions of W.S. 41-3-308 through 41-3-314 shall subject the permit to cancellation at any time pursuant to W.S. 41-3-616(c). Failure to comply with any valid order issued by the state engineer pursuant to W.S. 41-3-308 through 41-3-314, shall subject the permit holder to penalty pursuant to W.S. 41-3-616(b).
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-319 - Owners of Ditches and Reservoirs; General Rights.

41-3-319. Owners of ditches and reservoirs; general rights.
Each owner of a share or shares of the capital stock in an incorporated ditch company existing for the purpose of distributing water through such company's ditch to the owners of such stock, shall have the right to carry, convey and transmit reservoir water, supplementing other water rights he may possess, through the ditch of such ditch company in which he may have such stock, to the full extent of the carrying capacity represented by such stock, but no greater. Each partner in a partnership ditch owned or used for a like purpose, shall have the right to carry, convey and transmit reservoir water, supplementing other water rights he may possess, through such partnership ditch, to the full extent of the carrying capacity represented by his interest, as a partner, in such ditch, but no greater. Every such person carrying, conveying and transmitting water through such ditch, or having the same done for his benefit, shall pay all expenses incurred by reason of all extra labor in cleaning such ditch, change of division boxes, and other additional expenses made necessary by reason of carrying such reservoir water through any such ditch. The right herein granted to any person, shall also extend to the owner, manager or lessee of a reservoir, who desires to use any such ditch to carry, convey or transmit water through such ditch for the benefit of any such person to whom the right herein mentioned has been granted as aforesaid.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-320 - Owners of Ditches and Reservoirs; Sale or Lease of Impounded Water.

41-3-320. Owners of ditches and reservoirs; sale or lease of impounded water.
Except as otherwise provided by deed or other written instruments of the owner or owners of the right to impound water in any reservoir, such reservoir owner or owners shall, after the completion of the works in connection with such reservoir, be held to be the owner of the right to impound the water, and the right to sell or lease a portion or all his right to the impounded waters; provided, that the sale of any portion of the capacity of any reservoir shall carry with it an interest in the reservoir and works appurtenant thereto of such proportion as the portion sold bears to the total capacity of the reservoir; and provided, further, that the water stored in any reservoir cannot be used outside the boundaries of the state of Wyoming without special permit from the state engineer; and provided, further, that the state engineer may deny any use of water from any reservoir that would be detrimental to the public interest.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-321 - Owners of Ditches and Reservoirs; Priority of Right to Store or Impound.

41-3-321. Owners of ditches and reservoirs; priority of right to store or impound.
The priority of right to store or impound water under this act shall date from the filing of the application in the state engineer's office.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-322 - Owner's Report of Persons Entitled to Use Water; Superintendent's Report of Use of Water.

41-3-322. Owner's report of persons entitled to use water; superintendent's report of use of water.
The owner of each reservoir shall annually, in writing, before or during the irrigating season and before the releasing of the water from the reservoir, deliver to the water commissioner having jurisdiction over such reservoir a list or lists of parties entitled to use water from such reservoir during the irrigating season of such year, and also a list as near as may be of the lands proposed to be irrigated, and shall immediately notify such water commissioner of any changes in such list or lists. The superintendent of the water division in which such reservoir is situated shall annually on or before the first day of December in each year make a written report to the state engineer of the state, enumerating in detail the person or persons who during the irrigating season immediately preceding use any part of such reservoir water, and shall also enumerate therein the lands upon or uses for which said water was applied during such irrigating season so that the state engineer may be kept at all times advised as to whether or not such water has been applied to beneficial uses.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-323 - Deeds for Water Rights; Attaching of Rights to Land; Sale, Lease, Transfer or Use.

41-3-323. Deeds for water rights; attaching of rights to land; sale, lease, transfer or use.
The reservoir water and rights acquired under reservoir permits and adjudications shall not attach to any particular lands except by deed, or other sufficient instrument conveying such water or water rights, executed by the owner or owners of such reservoir, and such water and water rights, except when attached to particular lands as aforesaid, may be sold, leased, transferred and used in such manner and upon such lands as the owner of such rights or partial rights may desire, provided, that such water must be used for beneficial purposes.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-324 - Deeds and Leases for Water Rights; Execution and Recording.

41-3-324. Deeds and leases for water rights; execution and recording.
All deeds for reservoir water and water rights and all leases of the same for periods of three (3) years or more shall be executed and acknowledged as deeds are executed, and shall be recorded in the office of the county clerk of the county in which the reservoir is situated and also filed in the office of the state engineer. All leases of such water and water rights for a period less than three (3) years shall be in writing and filed in the office of the state engineer.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-325 - Excess Stored Water to Be Furnished Applicants; Preferences; Rates.

41-3-325. Excess stored water to be furnished applicants; preferences; rates.
The owner or owners of a reservoir impounding a greater quantity of water than the owner or owners thereof necessarily use for irrigation and other beneficial purposes in connection with their own lands shall, when application is made to them for that purpose, furnish such surplus water at reasonable rates to the owners of lands lying under and capable of being irrigated from such reservoir for the purpose of irrigating and rendering the same productive, and maintaining their productiveness, and in case of refusal so to do, the owner or owners of such reservoir may be compelled by proper proceedings to furnish such water on such reasonable terms as to the court may seem meet and proper. The water user who may have used any water from such reservoir for any particular year shall have the preference as to the use of the same water for the next ensuing year. The state engineer, the water commissioner of the particular district and the water superintendent having jurisdiction over the region of any reservoir, shall together constitute a board of special commissioners, and shall have power, when application is made to them by either party interested, to establish reasonable maximum rates to be charged for the use of water from any reservoir, whether furnished by individuals or a corporation. The establishment of such rate shall be made only after notice given and public hearing had, at which hearing the applicants may produce witnesses and evidence, and such witnesses must be sworn and may be cross-examined. No commissioner shall sit upon such board and determine such rate who is employed by one (1) of the applicants or if the relationship of debtor or creditor exists between him and one (1) of the applicants. Nothing contained in this section shall be construed to deny the right to store water for use for more than one (1) year.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-327 - Carey Act Lands.

41-3-327. Carey Act lands.
This act shall not apply to Carey Act lands or reservoirs for their irrigation, nor to any water right or rights to the use of waters of natural streams of this state, initiated from such streams and used through any such reservoir. All acts and parts of acts in conflict herewith, excepting such as relate to Carey Act lands, are hereby repealed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-328 - Witnesses' Fees and Mileage.

41-3-328. Witnesses' fees and mileage.
Every witness who shall attend before the court, or the judge thereof in vacation, or before the person appointed to take testimony in causes relating to water rights, under subpoena, by request of any party, shall be entitled to the same fees and mileage as witnesses in civil cases in the district court, and shall be paid by the party requiring the testimony.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 3 - Reservoirs › Section 41-3-329 - Change in Point of Diversion.

41-3-329. Change in point of diversion.
(a) The storage of water by means of a reservoir is a diversion, and the point of diversion is the point defined in the permit where the longitudinal axis of the dam crosses the center of the streambed.
(b) A change in point of diversion of a reservoir may be granted pursuant to W.S. 41-3-114 by the state engineer if the water right is unadjudicated, or by the state board of control if the water right has been adjudicated. No petition shall be granted if the rights of other appropriators shall be injuriously affected thereby or if the change is not within the original project concept. In deciding whether to grant or deny a proposed change in point of diversion of a reservoir within the original project concept, the state engineer or the board of control shall consider:
(i) The distance between the old point of diversion and the new point of diversion;
(ii) The water administration problems which may be created by granting the change in the point of diversion;
(iii) The effect of the petition upon Wyoming's entitlement to water under compacts, court decrees and treaties;
(iv) The rights of other appropriators; and
(v) The safety aspects of the new point of diversion.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-501 - Water Divisions Defined.

41-3-501. Water divisions defined.
(a) The state of Wyoming is hereby divided into four (4) water divisions, as follows:
(i) Water Division No. 1 shall consist of all lands within this state, drained by the North Platte River, and the tributaries of the North Platte River and the South Platte River, Snake River, (a tributary of Green River) and its tributaries, and Running Water Creek and its tributaries;
(ii) Water Division No. 2 shall consist of all lands within this state, drained by the tributaries of the Yellowstone and Missouri Rivers north of the water shed of the North Platte River and Running Water Creek, and east of the summit of the Big Horn Mountains;
(iii) Water Division No. 3 shall consist of all lands within this state drained by the Big Horn River and its tributaries, and by Clark's Fork and its tributaries;
(iv) Water Division No. 4 shall consist of all lands within this state drained by the Green, Bear and Snake Rivers, and the tributaries thereof; except Snake River, (a tributary of Green River), and its tributaries.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-502 - Superintendents; Appointment; Removal; Number; Qualifications; Examination.

41-3-502. Superintendents; appointment; removal; number; qualifications; examination.
There shall be one (1) superintendent for each division, who shall be appointed by the governor and who shall be a resident of the water division for which he is appointed. The governor may remove any superintendent as provided in W.S. 9-1-202. The state engineer shall from time to time conduct examinations for candidates for the position of division superintendents, and a list of those who qualify shall be filed with the governor and the governor, from that list, shall appoint division superintendents for the various divisions as vacancies occur. No candidate is eligible for appointment as division superintendent unless he is qualified by training and experience. The examination shall consist of questions relative to the irrigation laws and their administration, the measurement of flowing water, evaporation, seepage, drainage and the hydrographic features of the water division in which the candidate seeks appointment.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-503 - Superintendents; Duties Generally.

41-3-503. Superintendents; duties generally.
Said division superintendent shall have general control over the water commissioners of the several districts within his division. He shall, under the general supervision of the state engineer, execute the laws relative to the distribution of water in accordance with the rights of priority of appropriation, and perform such other functions as may be assigned to him by the state engineer. It shall be the duty of said division superintendent to regulate and control the storage and use of water under all rights of appropriation which have been adjudicated by the board of control or by the courts, and to regulate and control the storage and use of water under all permits approved by the state engineer, whether the rights acquired thereunder have been adjudicated or not.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-504 - Superintendents; Powers Generally.

41-3-504. Superintendents; powers generally.
Said division superintendent shall have authority to order, in writing, the construction of suitable ditches to carry the return waters from any ditch or lands to the main stream or proper waste way; he shall have the authority, and it shall be his duty, to close or cause to be closed the headgate of any person, persons or corporation so ordered, until such time as said order is complied with; he shall have authority to instruct the water commissioners in his division to brand, number or mark the headgate of any and all canals, ditches, laterals and reservoir outlets in such manner that the owner or owners of said canals, ditches, laterals or reservoir outlets may be readily determined; he shall, in the distribution of water, be governed by the provisions of law relating to water rights, but for the better discharge of his duties, he shall have authority to make such other regulations to secure the equal and fair distribution of water in accordance with the rights of priority of appropriation as may, in his judgment, be needed in his division; provided, such regulations shall not be in violation of the laws of the state, but shall be merely supplementary to and necessary to enforce the provisions of the general laws and amendments thereto.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-505 - Superintendents; Compensation and Traveling Expenses; Full Time Devoted to Duties.

41-3-505. Superintendents; compensation and traveling expenses; full time devoted to duties.
Each division superintendent of a water division shall receive an annual salary as determined by the human resources division of the department of administration and information, payable in monthly installments in full compensation for all his services, and shall, in addition thereto, be paid his actual traveling expenses when called away from home in the performance of his duties. Such superintendents shall devote their full time to the performance of their duties as division water superintendents. Their salaries and expenses shall be paid by the state on vouchers approved by the state engineer as president of the state board of control.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 5 - Water Divisions and Superintendents › Section 41-3-506 - Superintendents; Appeal From Order or Regulations.

41-3-506. Superintendents; appeal from order or regulations.
Any person, ditch company, or ditch owner, who may deem himself injured or discriminated against by any such order or regulations of such division superintendent, shall have the right to appeal from the same to the state engineer, by filing with the state engineer a copy of the order or regulations complained of, and a statement of the manner in which the same injuriously affects the petitioner's interest. The state engineer shall, after due notice, hear whatever testimony may be brought forward by the petitioner, either orally or by affidavit and, through the division superintendent, shall have power to suspend, amend or confirm the order complained of.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-601 - Division of State Into Districts.

41-3-601. Division of state into districts.
The board of control shall divide the state into water districts, said water districts to be so constituted as to secure the best protection to the claimants for water and the most economical supervision on the part of the state; in laying out such districts each stream system of practicable administrative scope shall be included within a single district.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-602 - Commissioners; Appointment; Term; Removal; Filling of Vacancies; Hydrographers.

41-3-602. Commissioners; appointment; term; removal; filling of vacancies; hydrographers.
(a) The governor shall appoint a water commissioner for each water district, if needed, who shall be selected from persons recommended by the superintendent of the water division in which the water district is situated with the advice of the board of county commissioners of the county or counties, lying wholly or partly within the water district. The water commissioner shall be an employee of the state engineer. Each commissioner shall hold his office until his successor is appointed and shall have qualified, and the governor shall, by like selection and appointment, fill all vacancies which shall occur in the office of water commissioners, and may, at any time, remove any water commissioner as provided in W.S. 9-1-202.
(b) The governor may appoint a water commissioner to more than one (1) district on recommendation of the division superintendent and the county commissioners of the interested county or counties.
(c) Also, where the legislature has appropriated state funds for payment of full time water commissioners, the governor may appoint water commissioners to be known as hydrographer water commissioners for one (1) or more water districts on recommendation of the state engineer and the superintendent of the water division in which any such district is located. The governor may remove any commissioner appointed under this subsection as provided in W.S. 9-1-202.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-603 - Commissioners; General Powers and Duties; Appeals From Decisions.

41-3-603. Commissioners; general powers and duties; appeals from decisions.
(a) The water commissioner shall, as near as may be practicable, divide, regulate and control the use of the water of all streams, springs, lakes or other sources of water within his district as will prevent the waste of water or its use in excess of the volume to which the appropriator is lawfully entitled. The water commissioner has the authority to require the filling of any reservoir whenever practical and whenever water is available for storage from the stream from which the appropriation is established.
(b) Any person who may be injured by the action or inaction of the water commissioner has the right to appeal to the division superintendent and, from his decision, the person aggrieved may appeal to the state engineer. From the decision of the state engineer, an appeal may be taken to the district court of the county where the ditch or ditches, reservoir, well or wells over which the controversy arises are situated.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-604 - Commissioners; Additional Powers and Duties; Defense by County Attorney.

41-3-604. Commissioners; additional powers and duties; defense by county attorney.
It shall be the duty of the said water commissioner to divide the water of the natural stream or streams of his district among the several ditches and reservoirs taking water therefrom, according to the prior right of each, respectively, in whole or in part, and to shut and fasten, or cause to be shut and fastened, the headgates of ditches and shall regulate or cause to be regulated the controlling works of reservoirs, in times of scarcity of water, as may be necessary by reason of the priorities of right existing from said streams of his district. Such water commissioner shall have authority to regulate the distribution of water among the various users under any partnership or incorporated ditch or any ditch owned by joint owners not incorporated and not in a partnership, or partnership or incorporated reservoir or reservoir owned by joint owners not incorporated or not included in a partnership, where rights have been adjudicated, in accordance with existing decrees. Whenever, in the pursuance of his duties, the water commissioner regulates a headgate to a ditch or the controlling works of reservoirs, it shall be his duty to attach to such headgate or controlling works a written notice, properly dated and signed, setting forth the fact that such headgate or controlling works has been properly regulated and is wholly under his control and such notice shall be a legal notice to all parties interested in the division and distribution of the water of such ditch or reservoir. It shall be the duty of the county attorney to appear and defend the division superintendent or any water commissioner who shall be made a defendant in any case which may arise in the pursuance of the official duties of any such officer within the county of such county attorney.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-605 - Commissioners; Power to Arrest; Procedure Following Arrests.

41-3-605. Commissioners; power to arrest; procedure following arrests.
The water commissioners or their assistants, within their districts shall have power to arrest any person or persons offending, and turn them over to the sheriff of the proper county, and immediately upon delivering the person so arrested into the custody of the sheriff, it shall be the duty of the water commissioner making the arrest, to immediately in writing and upon oath, make complaint before the court of proper jurisdiction against the person arrested.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-606 - Commissioners; Performance of Duties; Requests for Regulation.

41-3-606. Commissioners; performance of duties; requests for regulation.
Each water commissioner shall perform his duties under the general direction and supervision of the superintendent of his water division. Any holder of a Wyoming water right may request that the source of supply for his water rights be regulated by a water commissioner as authorized by law and in accordance with established priorities. Requests for regulation shall be in writing submitted to a water commissioner or water superintendent.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-607 - Commissioners; Salaries and Expenses.

41-3-607. Commissioners; salaries and expenses.
Water commissioners shall be paid a salary recommended by the state engineer and the division superintendent and approved by the governor. Water commissioners shall be paid by the state according to the procedures established by the human resources division of the department of administration and information. Funding for water commissioner salaries and expenses shall be provided by the state.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-608 - Commissioners; Reports.

41-3-608. Commissioners; reports.
(a) All water commissioners, when on duty, shall make reports whenever called upon to do so, by the division superintendent of their division. Said reports shall contain the following information:
(i) The amount of water actually coming into the district to supply ditches, canals and reservoirs;
(ii) Whether such supply is on the increase or decrease;
(iii) What ditches, canals and reservoirs are at that time without their proper supply; and
(iv) Such other and further information as the division superintendent of that division may require.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-609 - Commissioners; Disqualification for Personal Interest or Prejudice.

41-3-609. Commissioners; disqualification for personal interest or prejudice.
Whenever an affidavit is filed with the state engineer by a water user stating that the water commissioner of a district has a personal interest or prejudice in the use of water from a stream and that the person making the affidavit believes that because of the commissioner's interest or prejudice he cannot obtain a fair and just division of water, the state engineer may designate a water commissioner from another district as substitute commissioner.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-610 - Commissioners; Authority and Duties of Substitute.

41-3-610. Commissioners; authority and duties of substitute.
The substitute commissioner shall thereby be invested with the authority and duties possessed by the disqualified commissioner as to the portion of the stream in which the conflict of interest or prejudice is involved, subject to the same rights of appeal as are provided in other cases.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-611 - Commissioners; Assistants.

41-3-611. Commissioners; assistants.
Subject to legislative appropriation, a division superintendent may, in cases of emergency, employ suitable assistants to aid a water commissioner in the discharge of his duties. Assistants shall take the same oath as the water commissioner, shall obey his instructions, and each shall be compensated in an amount approved by the superintendent. The term of service of assistant commissioners may be terminated at any time by the water commissioner or the division superintendent, and shall in no event continue after the emergency has ceased to exist.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-612 - Rotation Among Water Users; Approval of Commissioner.

41-3-612. Rotation among water users; approval of commissioner.
(a) To bring about a more economical use of the available water supply, it is lawful for water users owning lands to which are attached water rights, to rotate in the use of supply to which they may be collectively entitled, or a single water user, having lands to which water rights of a different priority attach, may in like manner rotate in use, provided that all water rights subject to rotation are in priority. Rotation of water will be allowed only if it can be accomplished without injury to other appropriators.
(b) Prior to the commencement of any rotation in the use of water pursuant to this section, the owner or owners of the water rights to be rotated shall file a notice of intention to rotate with the appropriate water commissioner, on the form provided for that purpose by the commissioner, and shall obtain the water commissioner's written approval which shall be endorsed on the form.
(c) Performance of the rotation shall be enforced by the water commissioner in accordance with the terms and conditions included in the form signed and approved by the water commissioner. The state engineer may adopt such rules and regulations as are necessary for him to efficiently administer this section.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-613 - Headgates, Flumes or Measuring Devices; Owners to Construct and Maintain; Failure to Comply.

41-3-613. Headgates, flumes or measuring devices; owners to construct and maintain; failure to comply.
The owner or owners of any ditch or canal shall maintain, to the satisfaction of the division superintendent of the division in which the irrigation works are located, a substantial headgate at the point where the water is diverted, which shall be of such construction that it can be locked and kept closed by the water commissioner; and such owners shall construct and maintain, when required by the division superintendent, flumes or other measuring devices at such points along such ditch as may be necessary for the purpose of assisting the water commissioner in determining the amount of water that is to be diverted into said ditch from the stream, or taken from it by the various users. Any and every owner or manager of a reservoir, located across or upon the bed of a natural stream, shall be required to construct and maintain, when required by the division superintendent, a flume or measuring device of a plan to be approved by the state engineer, below such reservoir at a point not to exceed six hundred (600) feet distant therefrom, and a flume or measuring device above such reservoir or each and every stream or source of supply discharging into such reservoir, for the purpose of assisting the water commissioner or superintendent in determining the amount of water to which prior appropriators are entitled and thereafter diverting it for such prior appropriators' use. When it may be necessary, for the protection of other water users, the division superintendent has authority to require flumes to be installed along the line of any ditch. If any such owner or owners of irrigation works shall refuse or neglect to construct and put in such headgates, flumes or measuring devices after ten (10) days notice to do so by division superintendent, it shall be the duty of the water commissioner of the district in which such headgate is located, on order of the division superintendent, to close such ditch to the passage of water, and the same shall not be opened or any water diverted from the source of supply, under the penalties prescribed by W.S. 41-3-614, until the requirements of the division superintendent as to such headgate, flumes or measuring device have been complied with, and if any owner, or manager of a reservoir located across the bed of a natural stream shall neglect or refuse to put in such measuring device after ten (10) days notice to do so by the division superintendent, the water commissioner shall open the sluice gate or outlet of such reservoir and the same shall not be closed under penalties pursuant to W.S. 41-3-614, until the requirements of the division superintendent as to such measuring devices are complied with.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-614 - Well, Headgate or Waterbox; Prohibited Acts; Penalty for Violation.

41-3-614. Well, headgate or waterbox; prohibited acts; penalty for violation.
It shall be unlawful for any person to willfully use or possess water which has been lawfully denied by the water commissioner or other competent authority or to open, close, change or interfere with any well, pump, reservoir outlet valve, dam, diversion, headgate or waterbox without authority. 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 6 - Water Districts and Commissioners › Section 41-3-615 - Approval of Diversion Dam Plans.

41-3-615. Approval of diversion dam plans.
Plans for any diversion dam across the channel of a running stream, above five (5) feet in height, or of any other diversion dam intended to retain water above ten (10) feet in height, shall be submitted to the state engineer for his approval, and it shall be unlawful to construct such diversion dam until the said plans have been approved.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 6 - Water Districts and Commissioners › Section 41-3-616 - Penalties for Violation of Water Laws.

41-3-616. Penalties for violation of water laws.
(a) Unless otherwise provided, any person violating any of the provisions of W.S. 41-3-112, 41-3-208, 41-3-301, 41-3-614, 41-3-914, 41-3-919, 41-3-938, 41-4-501, 41-4-504, 41-5-107, 41-5-108 or 41-5-110 after receipt of a written notice of violation from the state engineer's office or the board of control is guilty of a misdemeanor punishable by a fine not to exceed one thousand two hundred fifty dollars ($1,250.00). Each day of noncompliance with the provisions of these sections after receipt of a written notice of violation from the state engineer's office or the board of control shall be deemed a separate violation. The possession, use or presence upon any person s land of water lawfully denied by the water commissioner or other competent authority is prima facie evidence of guilt.
(b) Failure to comply with a written order issued by the state engineer pursuant to W.S. 41-3-112, 41-3-208, 41-3-301, 41-3-318, 41-3-614, 41-3-914, 41-3-919, 41-3-938, 41-4-501, 41-5-107, 41-5-108 or 41-5-110, shall be a misdemeanor punishable by a fine not to exceed one thousand two hundred fifty dollars ($1,250.00), or imprisonment for not more than three (3) months, or both. Each day of noncompliance with the order shall be deemed a separate violation.
(c) Whenever, after notice and an opportunity to be heard, the state engineer finds the holder of any permit is willfully violating or has willfully violated any provision of a permit or any provision of W.S. 41-3-112, 41-3-208, 41-3-301, 41-3-318, 41-3-614, 41-3-914, 41-3-919, 41-3-937, 41-3-938, 41-4-501, 41-5-107, 41-5-108 or 41-5-110, or of any order issued pursuant thereto, the state engineer may cancel or suspend the permit or impose conditions on the future use thereof to prevent further violation. An appeal from any decision of the state engineer may be made to the board of control.
(d) Whenever, after notice and opportunity to be heard, the board of control finds the holder of any certificate of registration or certificate of appropriation is willfully violating or has willfully violated any provision of the certificate or any provisions of W.S. 41-3-112, 41-3-208, 41-3-301, 41-3-614, 41-3-914, 41-3-919, 41-3-937, 41-3-938, 41-4-501, 41-5-107, 41-5-108 or 41-5-110, or of any order issued pursuant thereto, the board of control may cancel or suspend the certificate or impose conditions on the future use thereof to prevent further violation. An appeal from any decision of the board of control may be taken to the district court.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-701 - Purpose.

41-3-701. Purpose.
(a) It is hereby declared that to provide for the conservation of the water resources of the state of Wyoming and for the greatest beneficial use of water within this state, the organization of water conservancy districts and the construction of works as herein defined by such districts are a public use and will:
(i) Be essentially for the public benefit and advantage of the people of the state of Wyoming;
(ii) Indirectly benefit all industries of the state;
(iii) Indirectly benefit the state of Wyoming in the increase of its taxable property valuation;
(iv) Directly benefit municipalities by providing adequate supplies of water for domestic use;
(v) Directly benefit lands to be irrigated or drained from works to be constructed;
(vi) Directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams;
(vii) Promote the comfort, safety and welfare of the people of the state of Wyoming, and it is therefore declared to be the policy of the state of Wyoming:
(A) To control, make use of and apply to beneficial use all unappropriated waters in this state to a direct and supplemental use of such waters for domestic, transportation, industrial, manufacturing, irrigation, power, recreation and other beneficial uses;
(B) To obtain from water in Wyoming the highest duty for domestic uses and irrigation of lands in Wyoming within the terms of interstate compacts;
(C) To cooperate with the United States under the federal reclamation laws or other federal laws now existing, or hereafter enacted, and agencies of the state of Wyoming for the construction and financing of works in the state of Wyoming as herein defined and for the operation and maintenance thereof;
(D) To promote the greater prosperity and general welfare of the people of the state of Wyoming by encouraging the organization of water conservancy districts as provided in this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-703 - Effect of Improper Notice of Judicial Proceeding.

41-3-703. Effect of improper notice of judicial proceeding.
In any and every case where a notice is provided for in this act, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-704 - Hearings on Validity of Districts.

41-3-704. Hearings on validity of districts.
All cases in which there may arise a question of the validity of the organization of a water conservancy district, or a question of the validity of any proceeding under this act shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-705 - Liberal Construction.

41-3-705. Liberal construction.
This act being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, it shall be liberally construed to effect the purposes of this act.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-720 - Power of District Court.

41-3-720. Power of district court.
The district court sitting in and for any county in this state, or any judge thereof in vacation is hereby vested with jurisdiction, power and authority when the conditions stated in W.S. 41-3-721 are found to exist, to establish water conservancy districts which may be entirely within or partly within and partly without the judicial district in which said court is located, for conserving, developing and stabilizing supplies of water for domestic, transportation, industrial, manufacturing, irrigation, power, recreation, and other beneficial uses as herein provided.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-722 - Bond for Expenses of Proceedings.

41-3-722. Bond for expenses of proceedings.
At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition a bond shall be filed, with security approved by the court, sufficient to pay all expenses connected with the proceedings in case the organization of the district be not effected. If at any time during the proceeding the court shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed to be not less than ten (10) days distant and upon failure of the petitioners to execute the same, the petition shall be dismissed.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-725 - Filing of Decree and Copies of Findings.

41-3-725. Filing of decree and copies of findings.
Within thirty (30) days after the said district has been declared a corporation by the court, the clerk of the court shall transmit to the secretary of state, to the state engineer, and to the county clerk and recorder in each of the counties having lands in said district, copies of the findings and the decree of the court incorporating said district. The same shall be filed in the office of the secretary of state in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations, and copies shall also be filed in the office of the county clerk and recorder of each county in which a part of the district may be, where they shall become permanent records; and the clerk and recorder in each county, and the secretary of state, shall receive for filing said copies such fees as now are or hereafter may be provided by law for like services in similar cases.
2023 Wyoming Statutes › Title 41 - Water › Chapter 3 - Water Rights; Administration and Control › Article 7 - Water Conservancy Districts › Section 41-3-726 - Procedure for Organizing Subdistricts.

41-3-726. Procedure for organizing subdistricts.
Subdistricts may be organized upon the petition of the owner of real property, within or partly within and partly without the district, which petition shall fulfill the same requirements concerning the subdistricts as the petition outlined in W.S. 41-3-721 is required to fulfill, concerning the organization of the main district and shall be filed with the clerk of the court, and shall be accompanied by a bond as provided for in W.S. 41-3-722. All proceedings relating to the organization of such subdistricts shall conform in all things to the provision of this act relating to the organization of districts; provided, that not more than a majority of the owners of lands, having one-half or more of the aggregate assessed value of the lands in the proposed subdistrict, shall be required to sign the petition for the creation of a subdistrict, and not more than twenty-five percent (25%) of the owners of lands in the proposed subdistrict shall be required to sign the protesting petition against the creation of such subdistrict. Whenever the court shall by its order duly entered of record, declare the [or] decree such subdistricts to be organized, the clerk of said court shall thereupon give notice of such order to the directors of the district who shall thereupon act also as directors of the subdistrict. Thereafter, the proceedings in reference to the subdistrict shall in all matters conform to the provision of this act except that in the appraisal of benefits for the purpose of such subdistricts, in the issuance of bonds, in levying of assessments and in all other matters affecting only the subdistrict, the provisions of this act shall apply to the subdistrict as though it were an independent district, and it shall not in these things be amalgamated with the main district. The said petition for organization of a subdistrict shall also contain a statement of the amount or quantity of water for which said subdistrict desires to acquire the perpetual use and the amount of money that said subdistrict is willing to pay therefor, and the court shall, prior to the entry of its decree organizing any territory into a subdistrict obtain the verified consent of the board to furnish such perpetual use of water for the purposes therein specified to such subdistrict at a price and upon the terms mentioned in the petition, then the court shall be authorized to enter its decree of organization of such subdistrict.