Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 2 - REQUIREMENTS AND DEFINITIONS › Section 2-1 - Statutory Requirements

Current through July 13, 2024
(a) "Any person who
				intends to acquire the right to beneficial use of any underground water in the
				state of Wyoming, shall, before commencing construction of any well or other
				means of obtaining underground water or performing any work in connection with
				construction or proposed appropriation of underground water or any manner
				utilizing the water for beneficial purposes, file with the state engineer an
				application for a permit to make the appropriation and shall not proceed with
				any construction or work until a permit is granted by the state engineer..."
				(W.S. §
									
										41-3-930 )
(b) "An appropriator of underground water may
				change the location of his well to a point within the same aquifer in the
				vicinity of the original location, without loss of priority, by securing
				approval of the state board of control if the groundwater right has been
				adjudicated or if the groundwater right has not been adjudicated but the water
				has been applied to beneficial use. In cases involving domestic or stock water
				wells which are not adjudicated but the water has been applied to beneficial
				use, the state engineer may approve a change of location. If the right is not
				adjudicated and the water has not been applied to beneficial use, approval for
				the change in location may be granted by the state engineer." (see W.S. §
									
										41-3-917(a) )
(c) "It shall be unlawful for any person to
				construct, alter or rehabilitate a water well or install pumping equipment in a
				water well without a license as provided by [W.S. §
									
										33-42-101 through
				33-42-117 ] unless the activity is
				exempted from the licensing requirements of [W.S. §
									
										33-42-101 through
				33-42-117 ]." (W.S. §
									
										33-42-103(f) )
(d) "Any person who drills, digs or
				constructs any works for the securing of underground water without having
				obtained a permit is guilty of a misdemeanor and upon conviction shall be
				punished under W.S. §
									
										41-3-616." (W.S. §
									
										41-3-938 )
(e) "Any person who withdraws underground
				water or who fails to stop or reduce the flow of underground water in violation
				of any order of the state engineer made pursuant to this act, or any person who
				does not have a permit, certificate or vested right to appropriate underground
				water who shall withdraw underground water from any well other than a well for
				stock or domestic purposes as defined in W.S. §
									
										41-3-907, is guilty of a misdemeanor and upon
				conviction shall be punished under W.S. §
									
										41-3-616." (W.S. §
									
										41-3-919 )
(f) "The state engineer is authorized and
				empowered on advice and consent of the board of control... to require the
				abatement of any condition, or the sealing of any well, responsible for the
				admission of polluting materials into an underground water supply." (W.S.
				§
									
										41-3-909(a) )