Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-4 - Types of Water Rights

Current through July 13, 2024
a. A Wyoming water
				right is a right to use the water of the state when it is applied under the law
				to beneficial use, as defined by permit or adjudication and its appropriation
				has been made in conformance with the applicable rules and regulations.
				W.S.
				41-3-101 states: "beneficial use shall be the
				basis, the measure and limit of the right to use water at all times." The right
				attaches to the land or place of use for which appropriated and is limited to
				the purpose for which appropriated. Because water is so important to the
				economy of this state, its use is always limited to a concept of public
				interest. The only uses for which water rights may be established are those
				which receive "public recognition" under the laws of the state.
b. A small number of water rights in Wyoming
				were confirmed by court decrees prior to creation of the State Board of Control
				and the office of the State Engineer. Generally, all other water rights
				acquired prior to statehood were adjudicated by the State Board of Control on
				the basis of "Claims to Water Filed under Territorial Law" and are known as
				"territorial appropriations." The first state legislature enacted a
				comprehensive water code, which established a filing procedure for securing
				water rights by permit from the State Engineer with final adjudication by the
				State Board of Control. The majority of Wyoming water rights have been obtained
				through this permit and adjudication system.
c. Permits to appropriate water are issued
				for the direct diversion of the natural flow of a stream, the storage of water
				in a reservoir, the secondary attachment of stored reservoir water to specific
				lands or service area, for instream flow use, and for the withdrawal or other
				use of water from an underground source. A direct flow diversion is measured in
				cubic feet per second (c.f.s.), and in the case of irrigation, is statutorily
				adjudicated at a rate not to exceed one c.f.s. for each 70 acres of land
				irrigated (except when surplus and excess flows are available - see Sections
				11 and
				12 ). A
				storage right is measured in acre-feet (a.f.) and may be filled only in order
				of priority. An instream flow right is measured in c.f.s. A ground water right
				is measured in gallons per minute (g.p.m.) pumping rate and acre-feet (a.f.)
				per calendar year. All water rights are limited to the beneficial uses being
				made. The State Engineer may deny or modify an application for permit if he or
				she determines that the granting of an application would be injurious in some
				respect.
d. After an applicant
				obtains a permit from the State Engineer, and then proceeds to establish the
				water right by applying the water to beneficial use in accordance with the
				terms of the permit, a proof of appropriation may be submitted to the State
				Board of Control. The Board will then initiate adjudication procedures in
				accordance with Wyoming statutes and these regulations. Amendments or
				corrections of unadjudicated permits are generally accomplished by petition to
				the State Engineer. If a water right has been adjudicated, it can only be
				changed or modified by the State Board of Control. A permit to appropriate
				water authorizes the holder to make use of the water as limited in the permit.
				However, a water right as such is established only when the water is applied to
				beneficial use. A water right is publicly recognized and specifically defined
				when it is adjudicated by the State Board of Control, and a certificate of
				appropriation is issued. Stock reservoirs, stock or domestic wells, test wells,
				and other temporary uses are not typically adjudicated.
e. Certain rights to use waters of the state
				were awarded in the Big Horn River General Adjudication. Such rights have been
				recognized and adjudicated by various decrees therein. In addition to the types
				of rights described in subsections a through d above, some water rights were
				awarded based on the
Winters
reserved water right
				doctrine or were established by judicial decree. Such rights are recognized by
				the Board as they appear in various court decrees entered in that adjudication
				and the same have been incorporated into the official water records of the
				state.