Title: Wyoming Statutes Regarding Water
CITATION THUMBNAILS PAGE IMAGE ZOOMABLE
Full Citation
STANDARD VIEW MARC VIEW
Permanent Link: http://ufdc.ufl.edu/WL00004752/00001
 Material Information
Title: Wyoming Statutes Regarding Water
Physical Description: Book
Language: English
Publisher: Wyoming Statutes and Wyoming Statutes, 1973 Cum. Supplement
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Jake Varn Collection - Wyoming Statutes Regarding Water (JDV Box 39)
General Note: Box 29, Folder 23 ( Water Statutes - Other States - 1900s ), Item 4
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00004752
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

Full Text

WYoMING STATUTES


Sec.
41-144. Priority of appropriation.
41-145. Construction of other wells when
supply is inadequate.


Sec.
41-146. Cancellation or suspension of iitr.
mits or certificates.
41-147. Penalty.


ARTICLE 1.
Water Rights Generally.
41-2. Nature of water rights and beneficial use.-A water right i,
a right to use the water of the state, when such use has been acquired by the benl
ficial application of water under the laws of the state relating thereto, and in con
formity with the rules and regulations dependent thereon. Beneficial use sh~i;!
be the basis, the measure and limit of the right to use water at all times, not ex-
ceeding the statutory limit except as provided by section 122-117 Revised Stat-
utes of Wyoming, 1931, as amended by chapter 105, section 1, Session Laws oi
Wyoming, 1935 [ 41-181]. Water being always the property of the state,
rights to its use shall attach to the land for irrigation, or to such other purpose
or object for which acquired in accordance with the beneficial use made for which
the right receives public recognition, under the law and the administration pro.
vided thereby. Water rights for the direct use of the natural unstored flow of
any stream cannot be detached from the lands, place or purpose for which thrv
are acquired, except as provided in sections 122-402 [ 41-3] and 122-40
[ 41-4], Revised Statutes of Wyoming, 1931, pertaining to a change to pre-
ferred use, and except as provided in section 1 of this act [ 41-213]. (Laws
1909, ch. 68, 1; C. S. 1910, 724; C. S. 1920, 832; Laws 1921, ch. 161, 1;
R. S. 1931, 122-401; Laws 1941, ch. 25, 1; 1945, ch. 118, 2; C. S. 1945,
71-401.)


Cross References.
Generally. For provision that 41-9,
relative to petition for change of water
rights in connection with submerged lands,
shall be valid notwithstanding the provi-
sions of this section, see 41-10. As to
contamination of streams or watercourses,
see 23-115, 35-196, 35-462 and 35-463.
As to construction of Glendo Reservoir
and storage of water by United States, see
41-1. As to sale of water rights by ir-
rigation district commissioners, see 41-
297. As to power of public irrigation and
power districts to purchase or convey
water rights, etc., see 41-334;
Constitutional provisions.-For constitu-
tional provisions relative to irrigation and
water rights generally, see Wyo. Const.,
art. 8, 1 to 5. As to priority of appropria-
tion for beneficial uses of water, see Wyo.
Const., art. 8, 3. As to power of municipal
corporations relative to-the acquisition of
water rights, see Wyo. Const., art. 13, 5.
As to construction and improvement of
works for conservation and utilization of
water, see Wyo. Const., art. 16, 10.
Administration. For duty of state ex-
aminer, upon request, to examine books
and financial affairs of irrigation and drain-
age districts, and as to fee in connection
with such examination, see 9-103. As to
duty of treasurers to deposit irrigation and
drainage district accounts, see 9-606. For
duties of attorney general as to interstate
streams, under direction of. governor, see


9-128. As to state engineer generally, see
9-137 to 9-144. For duties of state en-
gineer relative to water, irrigation, etc.,
generally, see 9-139.
Agriculture, livestock and other animals.
-As to applicability of 11-26 to 11-73,
relative to weed and pest control, to high-
ways and all rights of way of railroads,
ditches and reservoirs, see 11-48. For
duty of stock drover to prevent his live-
stock from trespassing upon property of
another and from injuring any irrigation
ditch or public works, see 11-339.
Cities and towns. For authority of
cities of the first class to establish, alter
and change the channels of streams and
watercourses within the city and establish,
control, etc., a water supply, see 15-11S.
As contracts to furnish water by cities and
towns, see 15-588 to 15-591. As to power
of private corporation operating under
waterworks franchise from city relative to
condemnation of water rights, etc., see
15-598.
Civil procedure.-As to eminent domain
generally, see 1-743 to 1-809. As to pro.
ceedings by water companies relative to
the acquisition of property by condemna-
tion, see 1-745. As to right of eminent do-
-main with reference to companies con-
structing roads, ditches and flumes, run-
ning pipe, electric light transmission line'.
telephone and telegraph lines, etc., see ^,
1-791 to 1-793. As to right of eminent do-
main with reference to every person, as-


, 41-2









(12) mills on each dollar of assessed valuation on all real property in the respec-
tive districts for the equipping and operational expenses of such district and for
the payment of the bonded indebtedness of the same. The district board may re-
ceive voluntary donations and appropriations of money from any other source,
and such donation hereinafter provided, by the county treasurer upon request of
the district board. Nothing in this act [ 41-118 to 41-120] shall be construed
to prohibit boards of county commissioners from appropriating funds, paying
any money or cooperating with any district so established under this act for
the purpose of controlling or eradicating floods and all aforementioned moneys
shall be turned over to the county treasurer to be kept in a fund designated as
'. .................. Flood Control District of ................ County
Fund". Authority for such appropriations, payments or cooperation by boards
of county commissioners is hereby authorized.
Districts created under this act are authorized to enter into cooperative agree-
ments wih any federal, state, local, or private agency for the control and eradi-
cation of floods on highways, rights-of-way, rivers, streams, canals or ditches.
Flood control district boards are hereby authorized and empowered to make and
adopt rules and regulations necessary for carrying out the purposes and provi-
sions of this act and to enforce such rules and regulations. The boards are here-
by empowered to appoint such employees and assistants as may be necessary and
to fix the compensation of all such employees. (Laws 1955, ch. 167, 3.)
Severability.-Section 4, ch. 167, Laws constitutional or invalid the reminder
1955, reads: "It is hereby declared to be [remainder] of the act shall continue in
the legislative intention that if any portion, full force and effect."
clause, phrase, section or sections of this C.J.S. reference.-52 C.J.S. Levees and
act shall be judicially determined to be un- Flood Control 28 to 39.

ARTICLE 9.
Underground Water.
Division 1. Generally.
41-121. Definitions.-As used in this act [ 41-121 to 41-147], unless
the context plainly otherwise requires:
(a) "Person" means a natural person, partnership, association, corporation,
municipality, irrigation district, the State of Wyoming, any agency or political
subdivision thereof, and the United States or any agency thereof,
(b) "Underground water" means any water under the surface of the land or
the bed of any stream, lake, reservoir, or other body of surface water,
(c) "Aquifer" means any underground geological structure or formation hav-
ing boundaries that may be ascertained or reasonably inferred, in which water
stands, flows or percolates,
(d) "Well" means any artificial opening or excavation in the ground, however
made, by which underground water is sought or through which it flows under
natural pressure or is artificially [artificially] withdrawn, and a series of wells
developed as a unit and pumped collectively by a single pumping unit shall be
considered as one well,
(e) "Construction" of a well includes boring, drilling, jetting, digging or ex-
cavating, and installing casing, pump and other devices for withdrawing or
facilitating the withdrawal of underground water, or measuring the depth to the
water table or the flow of the well,
(f) "Pollution" of underground water means any impairment of the natural
quality of such water, however caused, including impairment by salines, minerals,
industrial wastes, domestic wastes or sewage, whether indrafted directly or


41-121


WATER


41-121








WYOMING STATUTES


through infiltration into the underground water supply. (Laws 1957, ch. l6,
27.)


Cross reference.-For duty of legislative
interim committee to make a study and in-
vestigation and report on underground
water and the laws pertaining thereto, see
28-55.
Repeal of prior statutes. Sections 71-
404 to 71-407, \V. C. S. 1945, relating to
underground water, were repealed by
16, ch. 107, Laws 1947, which dealt with
the same subject. Chapter 107, Laws 1947,
was in turn repealed by 28, ch. 169, Laws
1957. Prior to its repeal, 5, ch. 107, Laws
1947, was amended by 1, ch. 22. Laws
1949, and by 1, ch. 115, Laws 1951.
Neither amendment was mentioned in the
repealing act. Sections 1 to 27, ch. 169,
Laws 1957, appear herein as 41-121 to
41-147.
Am. Jur., ALR and C.J.S. references.-
37 Am. Jur., Municipal Corporations, 6;
56 Am. Jur., Waters, 101 to 148.
Experimental evidence as to condition of
water, 8 ALR 58.
Constitutionality of statute limiting or
controlling exploitation or waste of sub-
terranean water, 24 ALR 312; 78 ALR
842.
Gas company's liability for pollution of
well or spring by escaping gas, 25 ALR
304; 90 ALR 1108; 138 ALR 915.
Right to conduct and use artesian water
out of artesian basin. 31 ALR 906.
Damages for interference with percolat-
ing waters, 35 ALR 1222; 55 ALR 1482;
109 ALR 414.
Subterranean and percolating waters;
springs; wells, 55 ALR 585; 109 ALR 395.
Percolating waters; effect of mining op-
erations, 55 ALR 1425; 109 ALR 405.
Pollution of subterranean and percolat-
ing waters, wells and springs, 55 ALR
1429, 1462, 1498, 1535, 1548; 109 ALR 406,
413, 416, 419, 420.


Appropriation of subterranean and p,:.
lating waters, springs and wells, 53 .!1
1444, 1499, 1530, 1547; 109 ALR 40os,
418, 420.
Percolating waters; statutory regulate ,
55 ALR 1450; 109 ALR 412.
Percolating waters; obstruction anud ,'
version without use, 55 ALR 1459; I,
ALR 415.
Percolating waters; injurious di-l',,
tion, 55 ALR 1461; 109 ALR 413.
Grant of rights as to subterranca; ,
percolating water, wells or springs, 5i .ii.
1478, 1500, 1513, 1540; 109 ALR 414, r
417, 420.
Percolating waters and subterranu,
streams, remedies, 55 ALR 1483, I-.
1501; 109 ALR 415, 416.
Injury to wells resulting from flnilwt
of property under right of eminent domn:ain
106 ALR 989.
Liability for injury to property oc .
ioned by water flowing from well, v
ALR2d 1044.
Loss by nonuser of private easement .,
to well, 25 ALR2d 1315.
Liability for obstruction or diversion .
subterranean waters in use of landl,
ALR2d 1354.
Liability for pollution of subterranen!:
waters, 38 ALR2d 1265.
Liability for pollution of subterrane v
waters; oil and gas; mines, 38 AI.'I:
1291.
Liability for pollution of subterrantv.
waters; cemeteries, 38 ALR2d 1297.
Liability for pollution of subterrance.
waters; sewage, 38 ALR2d 1301.
93 C.J.S. Waters 86.
Wyoming Law Journal.-See "Rihlts r
Wyoming Appropriators in Undergrou:'
Water," 1 Wyo. L. J. 111.


41-122. Application of act Generally; registration of vested
rights.-Ncthing herein contained shall be construed so as to interfere with t!
right of any person to use water from any existing well where such water -
economically and beneficially used for irrigation or for municipal, railway, i
dustrial or other beneficial use, to the extent only that such continued right do<,
not injuriously affect existing adjudicated surface rights not heretofore ;al'
doned, and such use is hereby declared to constitute a vested right, provide.
that the owner of any such right acquired before April 1, 1947, must have flb
with the state engineer the statement required by section 5, chapter 107, Sesit
Laws of Wyoming, 1947, on or before December 31, 1957, and the owner of :
right acquired on or after April 1, 1947, must have registered his well with .
state engineer as required by section 8, chapter 107, Session Laws of WVyonw'
1947, prior to the effective date of this act [ 41-121 to 41-147], and prowi.!
further, that the right to take underground water from any well exempted ift
the provisions of chapter 107, Session Laws of Wyoming, 1947, that is not '
empted from the provisions of this act, and that shall be registered with thle i '
engineer prior to the effective date of this act, shall also constitute a vested Ir'


. P


41-122


41-ii;









in the use of water with priority as of the time of completion of the well. (Laws
1957, ch. 169, 1.)
Cross reference.-As to Laws 1947, ch.
107, see note to 41-121.
C.J.S. reference.-93 C.J.S. Waters 88.
41-123. Same-Rights subject to preferences; rights of municipal
corporations.-Rights to underground water shall be subject to the same pref-
erences as provided by law for surface waters, and rights not preferred may be
condemned and changed to a preferred use in the manner provided by law for
surface waters. Nothing herein contained shall be construed to impair the rights
of municipal corporations to acquire any underground water or underground
water rights for a necessary public purpose by eminent domain or condemnation
proceedings. (Laws 1957, ch. 169, 24.)
C.J.S. reference.-93 C.J.S. Waters 88
et seq.
41-124. Same-Exemptions for domestic and stock use.-Appro-
priations of underground water developed solely for domestic or stock use shall
not be subject to the provisions of section [sections] 8 through 19, inclusive,
of this act [ 41-131 to 41-133, 41-138 to 41-145, 41-1471. Appropriators of
underground water for such exempted uses shall have a preferred right over rights
for all other uses, regardless of their dates of priority, subject to the provisions
of section 20 of this act [ 41-128]. As used in this section, "domestic use"
shall include the watering of lawns and gardens for family use where the area
to be irrigated does not exceed one acre, but shall not include municipal use
nor use by any person of water appropriated by a municipality or company. (Laws
1957, ch. 169, 2.)
Editor's note.-The legislature amended 7 through 18, ch. 169, Laws 1957 [
the act from which this article was codified 41-131 to 41-133, 41-138 to 41-145, and 41-
before its passage, by striking the original 147], and the reference to "section 20"
1 and renumbering the remaining sec- actually refers to 19, ch. 169, Laws 1957
tions. Therefore the reference in this sec- [ 41-128]. See Laws 1957, p. 283.
tion to "sections 8 through 19" refers to
41-125. Division advisory committee.-In each of the water divisions
of the state, as defined in section 71-101, Wyoming Compiled Statutes, 1945,
( 41-54], there shall be established a division advisory committee on under-
ground water. Each committee shall consist of three persons, appointed by the
governor, who shall in making such appointments, select persons who will, in his
opinion, adequately represent the landowners and water uses of the division, the
geographical areas of the division and the public interest. The first committee in
each division shall consist of one member appointed for a term of two years, one
member appointed for a term of four years, and one member appointed for a
term of six years. Their successors shall each be appointed for a term of six
years. (Laws 1957, ch. 169, 3.)
Cross reference.-As to hearings before in connection with application for permit,
,tate engineer and district advisory board see 41-140.
41-126. State engineer-Powers generally. In the administration
and enforcement of this act [ 41-121 to 41-147] and in the effectuation of the
policy of the state to conserve its underground water resources, the state engi-
neer is authorized and empowered on advice and consent of the board of con-
trol:
(a) To prescribe such rules and regulations as may be necessary or desir-
::lle to enable him to efficiently administer this act,
(b) To require such reports from well drillers as may be necessary or desir-
table.
(c) To require such annual reports from underground water users as may
Necessary or desirable,
9 Wyo-3i 481


41-123


WATER


41-126







WYOMING STATUTES


(d) To make such investigations as may be necessary or desirable, and to
cooperate in such investigations with agencies of the United States, agencies of
this state or any other state, political subdivision of this state, any public or
private corporation, or any association or individual,
(e) To make regulations concerning the spacing, distribution and location of
wells in critical areas,
(f) To establish standards for the construction of wells, to work with the divi-
sion advisory board, governmental subdivisions, and water user organizations
to encourage the adoption of local standards of beneficial use and methods of con-
veyance and application of water designed to conserve and prevent waste of sup-
plies,
(g) To require, whenever practical, all flowing wells to be so capped or
equipped that the flow of water can be stopped when the wells are not in use,
and to require both flowing and non-flowing wells to be so constructed and
maintained as to prevent the waste of underground water either above or below
the land surface,
(h) To require the abatement of any condition, or the sealing of any well, re-
sponsible for the admission of polluting materials into an underground water
supply,
(i) To delegate any of the duties and powers imposed or granted by this act,
to the deputy state engineer or to an assistant state engineer,
(j) To bring suit to enjoin the construction of illegal wells or the withdrawal
or use of water therefrom, or to enforce any of the provisions of this act or of
orders issued thereunder, and to intervene in any action or proceeding
when it appears that the determination of such action or proceeding may result
in the depletion of underground water resources of the state contrary to the
policy expressed in this act. (Laws 1957, ch. 169, 25.)
41-127. Same-Power to determine, etc., area and boundaries of
districts, etc.-The state engineer is authorized and directed to determine the
area and boundaries of districts overlying the various aquifers yielding under-
ground waters in this state and to assign to each district a distinctive name or
number. He may establish sub-districts when parts of an aquifer require or may
require separate regulations from the rest. He may alter the boundaries of such
districts and sub-districts at any time. He may establish different districts for
different aquifers that overlie each other in whole or in part. (Laws 1957, ch.
169, 4.)
41-128. Same Authority to order interfering appropriator to
cease withdrawals of water, etc.; exception.-Whenever a well withdraw-
ing water for beneficial purposes other than for domestic or stock use exempted
from regulation by section 2 of this act [ 41-124] shall interfere unreasonably
with an adequate well developed solely for such exempted uses, whether in a
critical area or not, the state engineer may, on complaint of the operator of the
exempted well, order the interfering oppropriator appropriatorr] to ceage or
reduce withdrawals of underground water, unless such appropriator shall fur-
nish at his own expense, sufficient water at the former place of use to meet the
need for domestic or stock use. (Laws 1957, ch. 169, 19.)
41-129. Critical areas Designation; duty of state engineer;
hearings generally.-Any underground water district or sub-district in which
either (a) the use of underground water is approaching a use equal to the cur-
rent recharge rate, (b)- ground water levels are declining or have declined ex-
cessively, (c) conflicts between users are occurring or foreseeable, (d) the
waste of water is occurring or may occur, (e) or other conditions require regula-
tion in the public interest, is hereby designated as a "critical area". Whenever
the engineer has information leading him to believe that any underground water
district or sub-district is or may be a critical area, it shall be his duty to immedi-


41-129


41-127









ately report in writing to the board of control, all information known by him with
reference to whether there is a critical area existing or if any area is about to
become critical. The board of control shall fix a time and place to consider the
information supplied by the state engineer and hear any other evidence pre-
sented at the time of such hearing. Concluding such hearing, the board of
control shall issue its order for the purpose of controlling the situation in an
area designated as critical. The order of the board of control shall be subject
to appeal to the district court by anyone feeling himself aggrieved because of
the issuance thereof. (Laws 1957, ch. 169, 5.)
Cross reference. As to hearings with permits for the construction of wells, etc.,
reference to granting of applications for in critical areas, see 41-140.
41-130. Same-Election of district advisory board.-Whenever an
underground water district or a sub-district thereof is declared to be a critical
area, a district advisory board shall be created in the manner provided herein. The
district advisory board shall consist of five persons who are over the age of
twenty-one years and own land, or underground water rights, or are the officers
or officials of any corporation or any duly constituted board thereof owning land,
or underground water rights, within the district. The board shall represent the
entire district even though only a sub-district is declared to be critical. The
state engineer shall notify the division advisory committee of the division in
which the district, or the greater part of the district, is located, of the designation
of the critical area. The division advisory committee shall thereupon call an elec-
tion of members of the district advisory board, to be held within sixty days
from the date of such notification. The call of the election shall state the
time, the place within the district, and the purpose of the election, and
shall be published for two consecutive weeks at least twenty days prior to such
election in a newspaper of general circulation in each county in which a part
of the district lies. Every person or corporation owning, or entitled by virtue of
public land filing to the possession of, land situated in and being a part of the
district, shall be entitled to cast for each member to be elected one vote for each
acre of such land, as assessed upon the last annual assessment roll of the county
in which such land is located, or as shown by such public land filing. A person
owning a tract of land of less than one acre shall be entitled to cast one vote for
each member to be elected. Provided, however, that the grantee or assignee of
the water in or under any described land shall be entitled to vote, as prescribed
herein, in the place of the person or corporation owning, or entitled to the pos-
session of, such land. At the hour and place of such election the division advisory
board shall call the roll of those entitled to vote, and the number of votes each
is entitled to. They shall make a record of the qualified voters present, receive
all proxies and prescribe the method of canvassing the votes. All proxies shall
be in writing and signed by the person entitled to vote. The five persons re-
ceiving the highest number of votes shall be declared to be elected, regardless
of whether or not they have received a majority of votes cast, and no election
shall be invalid by reason of the fact that a majority of the acreage of the dis-
trict was not represented at such election. Two of the members so elected shall
serve until the third Tuesday in March of the year following the election, two
of the members so elected shall serve until one year following such date, and one
member shall serve until two years following such date. The division advisory-
committee shall decide by lot which members shall serve for these terms.
During the first seven days of March next preceding the expiration of the
term of any member or members, an election shall be held to elect a member or

members of the district advisory board. The board shall call and conduct the
election in the same manner prescribed above for the call and conduct of the first
election by the division advisory committee. Members elected at any election
after the first election shall serve for a term of two years. Whenever the office
of any member shall become vacant for any cause, the vacancy shall be filled
483


41-130


WATER


41-130







WYOMING STATUTES


for the unexpired term by the remaining members. The costs of all election,
herein provided for shall be paid by the state engineer's office. (Laws l(.s;
ch. 169, 6.)
41-131. Same-Adjudication of waters within area; notice; hear.
ing; entrance of determining order; issuance of appropriation certificate
generally; recordation; fees; priority of appropriation generally.-Aifter
the boundaries of any critical area have been determined by the state engineer.
he shall give notice of such determination to the state board of control, whilk-
'board shall then proceed with the adjudication of said waters within the li,.
trict or sub-district in the area, as the interest of the appropriators may apxpe'ir
from registration, permits, and proof of beneficial application of water deriv~t!
therefrom. Notice shall be given by the board of control, in one issue of soniw
newspaper of general circulation in the county where such area is situated, an.,
by registered mail to the various claimants named in the registrations of record.
that upon a certain day and at a place named in the notice, which shall be nit
less than thirty days after the publication and mailing of such notices, the state
engineer or a superintendent- of a water division will appear and take proof oi
such appropriations. The State board of control shall then hold said evidlentl
open to inspection of the various claimants at a time and place to be fixed lv
the board and notice thereof shall be published in the manner and for the time
above-specified.
The taking of proof, filing objections or contests, giving notices, conducting
of hearings, making adjudications of water rights, determining of priorities as be-
tween appropriators, issuing of certificate of appropriation, and taking appeals
shall, insofar as applicable, and not in conflict with the provisions of this act |(
41-121 to 41-147], be governed by the provisions of article 2 of chapter 71.
Wyoming Compiled Statutes, 1945 [ 41-148 to 41-160. 41-164 to 41-2161.
At the first regular meeting of the board of control after completion of such
proof and advertisement, the board shall cause to be entered of record in its of-
fice an order determining and establishing the priorities of right to the use of
water of said district or sub-district, the amount of appropriation of the partie-
claiming water therefrom and the character and kind of use for which said ap-
propriation shall have been made. As soon as practicable after such determinn-
tion, the secretary of the board shall issue to each person represented in suc!:
determination, a certificate to be signed by the state engineer, as president of tlh
board of control, and attested under seal of the secretary of said board setting
forth the name and post office address of the appropriator, the priority date ot
such appropriation, the amount of water appropriated, the use to which such
water has been applied and, if such appropriation is for irrigation, a description
of the legal subdivisions of land to which said water is applied. Said certificate,
shall be transmitted by registered mail to the county clerk of the county in which
such appropriation has been made and it shall be the duty of the county clerk
upon receipt of the fee of one dollar. to record the same and thereupon in
mediately transmit said certificate to the appropriator. At the time of the sub-
mission of final proof of appropriation before the state engineer or superintendent
of a water division, a fee of two dollars ($2.00) shall be collected, one dollt
of which shall be used for recording the said certificate and one dollar of which
shall be deposited with the state treasurer to the credit of the fund provided for
maintenance of the Loard of control. The priority of appropriation shall be th"'
determining factor in adjudicating underground water; the person first making
such appropriation being first entitled to the use of said underground water
(Laws 1957, cl. 169, 15.)
Cross reference.-As to collection of fees. Wyoming Law Journal. See "ULi1,:
etc., by the revenue department, see ground Water," 4 Wyo. L. J. 193.
39-39.
C.J.S. reference. 93 C.J.S. Waters
S9 to 102.


41-131


41-131










41-132. Same-Hearing to determine adequacy of water for all
appropriators; corrective controls generally; agreements in lieu of con-
trols.-(a) The state engineer may, on his own motion, and shall on the petition
of twenty appropriators or of one-tenth of the appropriators of water from a
critical area, cause a hearing to be held before the state engineer and district ad-
visory board for the area, to determine whether the underground water in such
area is adequate for the needs of all appropriators of underground water in such
area. Public notice of the time and place of said meeting shall be published
once in a newspaper circulated in the area at least thirty days before the time
set for the meeting. If the state engineer shall find after the hearing, and after
receiving the advice of the district advisory board, that the underground water
in that area is insufficient for all of the appropriators, he may by order adopt
one or more of the following corrective controls:
(1) He may close the critical area to any further appropriation of under-
ground water, in which event he shall thereafter refuse to grant any applications
for a permit to appropriate underground water in that area, provided, that such
area may be reopened to appropriations at any time the state engineer shall
find on the basis of additional evidence that there is unappropriated water in
the area, in which event the state engineer shall reconsider all applications for
permits refused on the grounds of the order closing the area.
(2) He may determine the permissible total withdrawal of underground water
in the critical area for each day, month or year, and, insofar as may be reason-
ably done, he shall apportion such permissable total withdrawal among the ap-
propriators holding valid rights to the underground water in the critical area in
accordance with the relative dates of priority of such rights.
(3) If he finds that withdrawals by junior appropriators have a material and
adverse effect upon the supply available for and needed by senior appropriators,
he may order such junior appropriators to cease or reduce withdrawals forth-
with.
(4) If he finds that cessation or reduction of withdrawals by junior appro-
priators will not result in proportionate benefits to senior appropriators, he may
require and specify a system of rotation of use of underground water in the
critical area.
The state engineer shall cause a copy of any such order to be served upon each
person affected thereby in the manner provided for service of process in civil
actions.
(b) Appropriators of underground water from a critical area may agree to
any method or scheme of control of withdrawals, apportionment, rotation or
proration of the common supply of underground water. The state engineer shall
encourage and promote such agreements and supply the parties with information
and advice. When the state engineer, with the advice of the district advisory
hoard, shall find that any such agreement, executed in writing and filed in his
office, is consistent with the intent, purposes and requirements of this act [ 41-
121 to 41-147], and would not be detrimental to the public interest or to the
rights of other persons not parties to the agreement, he shall approve the agree-
nent, and thereafter such agreement shall control, until terminated as hereinafter
provided, in lieu of any order issued pursuant to subsection (a) of this section.
Any agreement approved by the state engineer may be terminated by the terms
of the agreement, by the consent of the parties, or by order of the state engineer'
if he finds, after investigation and a public hearing before the district advisory
lxtord, held at least two weeks after one published notice in a newspaper of gen-
rral circulation in each county in which a part of the district lies, that the agree-
mnent is not being substantially complied with by the parties, or that changed
conditions have made the agreement inequitable, or that the continuance of the
a reement is no longer consistent with the intent, purpose and requirements of
t'is act, or is a detriment to the public interest or to the rights of other persons
'it parties to the agreement. (Laws 1957, ch. 169, 17.)
485


41-132


WATER


41-132







41-133 WYOMING STATUTES 41-138

41-133. Priority of rights when one source of supply.-Where un-
derground waters in different aquifers are so interconnected as to constitute
in fact one source of supply, or where underground waters and the waters of
surface streams are so interconnected as to constitute in fact one source of sup-
ply, priorities of rights to the use of all such interconnected waters shall be corre-
lated and such single schedule of priorities shall relate to the whole common water
supply. The state engineer may by order adopt any of the corrective controls
specified in section 17 of this act [ 41-132]. (Laws 1957, ch. 169, 18.)
41-134. Change of location of well without loss of priority.-An
appropriator of underground water may change the location of his well without
loss of priority to a point within the same aquifer by securing approval of the
state board of control. The state board of control is hereby authorized to make
such regulations as may be necessary to carry out the provisions of this section.
(Laws 1957, ch. 169, 21.)
41-135. Appeals.-Any person aggrieved by any order of the state en-
gineer entered pursuant to this act [ 41-121 to 41-147], or by his failure to
act, may appeal in the manner provided by section 71-244, Wyoming Compiled
Statutes, 1945 [ 41-2161. (Laws 1957, ch. 169, 23.)
Cross reference.-For rules of civil pro-
cedure governing appeals, see R. C. P.,
Rule 72 et seq.
41-136. Abandonment.-The use of underground water may be declared
abandoned under the same procedures provided by law for the abandonment of
surface waters. (Laws 1957, ch. 169, 20.)
Cross reference.-As to abandonment of
water rights generally, see 41-47 to
41-53.
41-137. Prohibited acts; penalty for violation.-Any person who
shall withdraw underground water or who shall fail to stop or reduce the flow
of underground water in violation of any order of the state engineer made pur-
suant to this act [ 41-121 to 41-147], 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 for the purposes ex-
empted from regulation by section 2 of this act [ 41-124], shall be guilty of a
misdemeanor and upon conviction thereof shall be punished by a fine in a sumn
not exceeding one hundred dollars ($100.00), or by imprisonment in the county
jail for a term not exceeding three months, or by both such fine and imprison-
nlent, for each day on which such violation occurs. (Laws 1957, ch. 169, 26.)
Effective date.-Section 29, ch. 169, Laws
195;, makes the act effective from and after
March 1, 1958.
Division 2. Permits for Construction of Wells, etc.
41-138. Application-Who required to file; filing; contents; fee.
-Any person who after March 1, 1958, intends to acquire the right to beneficial
use of any underground water in the State of Wyoming, except for those pur-
poses specifically exempted by provisions of section 2 [ 41-124], shall, before
commencing construction of any well or performing any work in connection with
said construction or proposed appropriation or any manner utilizing said water
for beneficial purposes, file with the state engineer an application for a pertflit
to make such appropriation and shall not proceed with any of such constructi'l"
or work until a permit is granted by the state engineer, provided, that whenever
any well constructed for any other purpose shall be found to be suitable for thl:
withdrawal of underground water, such application shall be filed before said water










is utilized for beneficial use. Such application shall contain the name and the
post office address of applicant or applicants, the nature of the proposed use, the
location of the proposed well or other means of obtaining underground water,
the depth to the water table, if known, the size, type, description and estimated
depth of the proposed well, a description of the proposed pumping equipment if
any and of the source of power, the estimated capacity in gallons per minutes,
[minute], the amount of water applied for, and, if said water is to be used for ir-
rigation, the acreage and location by legal subdivision of the land to be reclaimed
or for which supplemental water is to be sought, a description of any water right
applicable to said land, and a description of the ditch, pipe or flume, if any, that
will be used to transport said water to said land, and such other information as
the state engineer may require. Such application shall be accompanied by a fee
of two dollars ($2.00). (Laws 1957, ch. 169, 7.)
Am. Jur., ALR and C.J.S. references.- WVells, 55 ALR 1536; 109 ALR 419.
56 Am. Jur., Waters, 138 to 148. 93 C.J.S. Waters 86 to 102.
41-139. Same-When granted generally; defects and corrections
generally; cancellation.-An application for a permit for a well in any areas
not designated as a critical area shall be granted as a matter of course, if the pro-
posed use is beneficial and if the state engineer finds that the proposed means of
diversion and construction are adequate. If the state engineer shall find that the
proposed means of diversion or construction are inadequate, or if the application
is otherwise defective, he may return the application for correction. If such re-
turn is not made within ninety days, the state engineer may cancel the applica-
tion. (Laws 1957, ch. 169, 8.)
41-140. Same-Hearings before state engineer and district ad-
visory board.-(a) Publication after filing; filing of objections; place of hear-
ings.-Upon the filing of an application to appropriate underground water from
an area designated as a critical area by the state engineer, the state engineer shall
cause to be published, at applicant's expense, in a newspaper of general circula-
tion in the county wherein the proposed well or other works will.be located, for
at least once a week for three consecutive weeks, a notice of the filing of such
application and that objections to the granting thereof may be filed within ten
days after the last publication of said notice, on the grounds that there is no unap-
propriated water in the proposed source of supply or that the granting of the ap-
plication would be detrimental to the public interest. If objections shall have
been filed within the time specified in such notice, the state engineer shall set a
date for a hearing on the application and the objections thereto and shall notify
the applicant and the objectors thereof. The hearing shall be before the state en-
gineer and the district advisory board, and shall be held in the courthouse of the
county in which the proposed well is to be located.
(b) Hearing when no objections filed.-If no objections are filed against the
application but the state engineer is of the opinion that the application should be
denied, or desires to obtain the recommendations of the district advisory board,
he shall set a date for a hearing on the application and shall notify the applicant
of the time and place thereof. No permit shall be denied without the applicant
being given an opportunity to be heard. Such hearing shall be held before the
state engineer and the district advisory board at the courthouse of the county in'
which the proposed well is to be located. In making any determination required
by this section, the state engineer may rely upon records and information on file
in his office, provided, that in the event a hearing is held he shall make known
to the parties the records and information upon which he relies. In the event a
hearing is held. the state engineer may require further evidence, proof and testi-
mony prior to granting or denying any such permit and the applicant may in-
troduce such further evidence, proof and testimony as is relevant to the case.


41-139


WATER


' 41-140









(c) When granted; return of defective application.-The application shall be
granted and the permit issued only if the state engineer shall find, after receiving
the advice of the district advisory board, that there are unappropriated waters in
the proposed source, that the proposed means of diversion or construction are
adequate, that the location of the proposed well or other work does not conflict
with any well-spacing or well-distribution regulation that may have been estab-
lished by the state engineer, and that the proposed use would not be detrimental
to the public interest. If the state engineer shall find that the proposed means of
diversion or construction are inadequate, or that the proposed well or other work
will conflict with well-spacing or well-distribution regulations, or if the applica-
tion is otherwise defective, he may return the application for corrections, which
shall be made within ninety days. (Laws 1957, ch. 169, 9.)
Cross references. As to division ad- visions as to critical areas generally, see
visory committee, see 41-125. For pro- 41-129 to 41-131.
41-141. Express conditions limiting rights of appropriator; ad-
ditional conditions.-It shall be an express condition of each permit and of
each appropriation of underground water acquired thereunder that the right of
the appropriator does not include the right to have the water level or artesian
pressure at the appropriator's point of diversion maintained at any level higher
than that required for maximum beneficial use of the water in the source of sup-
ply. The state engineer may issue any permit subject to such conditions as he
may find to be in the public interest. (Laws 1957, ch. 169, 10.)
41-142. Time limits to commence and complete construction; ex-
tensions; cancellation generally.-If the permit is granted, the applicant shall
commence construction of the works within one year from the date of the per-
mit and shall complete the construction and apply the water to beneficial use with-
in one year thereafter. The state engineer may'extend these periods or cancel the
permit in accordance with the procedures set forth in section 71-243, Wyoming
Compiled Statutes, 1945 [ 41-206]. (Laws 1957, ch. 169, 11.)
41-143. Report after completion or abandonment of construc-
tion; submission of final proof of appropriation; issuance of certificate
of appropriation. Any person constructing any well under a permit shall,
within thirty days after the completion or abandonment of such work, report to
the state engineer the data relating to such well, on forms furnished by the state
engineer, including the name and post office address of the driller or contractor
and of the owner of the permit, the number of the permit under which the work
was prosecuted, the location of the work, the size and kind of casing used, the
depth and log of well, the date on which the well came into production, the
depth to the water table, the location of the water-bearing strata, the quantity
of water issuing, drawn or pumped therefrom, type of pump and power, the draw-
down of water while pumping, and such other information as the state engineer
may require. Upon the filing of such statement the appropriator may submit
final proof of appropriation and a certificate of appropriation may be issued by
the board of control in accordance with section 71-249, Wyoming Compiled Stat-
utes, 1945 [ 41-211]. (Laws 1957, ch. 169, 12.)
41-144. Priority of appropriation.-The priority of appropriation oi
underground water obtained prior to April 1, 1947, shall date from time of com-
pletion of the well. The priority of appropriation of underground water obtained
subsequent to April 1, 1947, and prior to March 1, 1958, shall date from the filinl
of registration in the state engineer's office. The priority of appropriation oi
underground water obtained on or subsequent to March 1, 1958, shall date from
the filing of the application for permit in the state engineer's office. (Laws 1957,
ch. 169, 16.)


41-144"


WYOMING STATUTES


41-141










41-145. Construction of other wells when supply is inadequate.
--If, after completion of a well in compliance with the terms of a permit, the well
does not produce reasonably sufficient water to supply the quantity to which the
holder, of the permit is entitled, the holder of the permit may construct other
wells in the same area to secure such quantity without obtaining another permit,
upon first reporting such information as is available, required by section 13
of this act [ 41-143], notifying the state engineer of the location of the new
well and upon complying with such well-spacing and well-distribution regulations
;.s may be then in effect. (Laws 1957, ch. 169, 13.)
Editor's note.-The legislature amended tions. Therefore the reference in this sec-
the act from which this article was codified tion to "section 13" actually refers to 12,
before its passage, by striking the original ch. 169, Laws 1957 [ 41-143]. See Session
I 1 and renumbering the remaining sec- Laws of Wyoming, 1957, p. 283.
41-146. Cancellation or suspension of permits or certificates.-
Whenever, after notice to and opportunity [opportunity] to be heard by such
holder, the state engineer finds that the holder of any permit is wilfully violating
or has wilfully violated any provision of such permit or any provision of this act
i 41-121 to 41-147] or of any order issued pursuant to this act, the state en-
gineer may cancel or suspend such permit or impose conditions on the future use
thereof to prevent such violation. Whenever, after notice to and opportunity to
ie heard by such holder, the board of control finds that the holder of any certifi-
cate of registration or certificate of appropriation is wilfully violating or has
wilfully violated any provision of such certificate or any provision of this act or
of any. order issued pursuant to this act, the board of control may cancel or sus-
pend such certificate or impose conditions on the future use thereof to prevent
such violation. (Laws 1957, ch. 169, 22.)
41-147. Penalty. Any person who shall drill, dig or construct any
works for the securing of underground water other than for the purposes ex-
empted from regulation by section 3 of this act [ 41-124], without having first
obtained a permit therefore shall be guilty of a misdemeanor and upon conviction
thereof shall be punished by a fine in a sum not exceeding one. hundred dollars
($100.00) or by imprisonment in the county jail for a term not exceeding three
months or by both such fine and imprisonment. (Laws 1957, ch. 169, 14.)
Cross reference.-As to exemptions for tions. Therefore the reference in this sec-
use of water for domestic and stock use, tion to "section 3" actually refers to Laws
see 41-124. 1957, ch. 169, 2 [ 41-124]. See Laws
Editor's note.-The legislature amended 1957, p. 283.
the act from which this article was codified Effective date.-Section 29, ch. 169, Laws
before its passage, by striking the original 1957, makes the act effective from and after
1 and renumbering the remaining sec- March 1, 1958.


CHAPTER 3.
BOARD Of CONTROL; ADJUDICATION OF WATER RIGHTS.
Article 1. Sec.
In General. water stored in adjoining state
S'c. for use in Wyoming.
41-148. Legal standard of measurement.
41-149. Copies of records as evidence. Article 2.
-1-150. Co-operation and agreements with State Board of Control.
Utah; appropriations to Mon-
tana. 41-154. Created; members; state engineer
41-151. Diversion or storage of water for ex officio president; location of
use in adjoining state-Generally. office; meetings generally; quo-
11-152. Same-Adjudication of rights gen- rum.
erally. 41-155. Deputy state engineer ex officio
41-153. Same Adjudication of rights to secretary-Duties generally.


41-147


J 41-145


WATER









WYOMING STATUTES, 1973 CUM. SUPPLEMENT


Division 2. Establishment.
41-83. Petition for creation of district; conditions affecting
elusion of cities, etc.
Law Reviews.-See comment, "Improve- solidation of Appropriations," 2 1
meant of Existing Water Rights Through Water L. Rev. 327 (1967).
Unification-A Case Study on the Con-
Division 3. Board of Directors Generally.
41-102. Bonds-Authority of board to issue; purpose; terms; ,
caution; tax exemptions.-To pay for construction, operation and mainm
of said works and expenses preliminary and incidental thereto, the board is i
authorized to enter into contract with the United States or any agency thereoc
viding for payment in installments or to issue negotiable bonds of the distr.
bonds are authorized, the same shall bear interest at a rate not exceeding t,
centum (10%) per annum, payable semiannually, and shall be due and 1:,
not less than ten (10) nor more than fifty (50) years from their dates. The
terms and provisions of said bonds, provisions for their payment and conditi:
their retirement and calling, not inconsistent with law, shall be vested and *
mined by the board and they shall be issued as hereinafter provided in.pa.
of the works, equipment, expenses and interest during the period of constn:
Said bonds shall be executed in the name of and on behalf of the district and '
by the president of the board with the seal of the district affixed thereto a:
tested by the secretary of the board. Said bonds shall be in such denominati:
the board shall determine and shall be payable to the bearer and may be r
tered in the office of the county treasurer of the county wherein the organic:
of the district has been effected, with the interest coupons payable to bearer, v
shall bear the facsimile signature of the president of the board. Such bonds
be exempt from all state, county, municipal, school and other taxes impose
any taxing authority of the State of Wyoming and shall not be sold at less
par and accrued interest. (Laws 1957, ch. 101, 33; 1971, ch. 254, 34.)
The 1971 amendment substituted "ten per
centum (10')" for "six per centum (6%)"
in the second sentence.

ARTICLE 8.1.
Jackson Hole Flood Protection Project.
41-120.1 to 41-120.3: Repealed by Laws 1973, ch. 245, 5.
Editor's note. The repealed sections made to an agency from a fund abo!'
derived from Laws 1963, ch. 81, and re- or affected by this act, the approp:
lated to the Jackson Hole Flood Protec- shall be made from the fund into v:
tion Project. the preexisting fund was consolidate
Repealed 41-120.3 was amended by Effective date.-Section 6, ch. 245, i
Laws 1973, ch. 215, 1. 1973, makes this act effective on and
Appropriation.-Section 4, ch. 245, Laws July 1, 1973.
1973, provides: "If an appropriation is

ARTICLE 9.
Underground Water.

Dissson 1. Generally.
41-121. Definitions.-As used in this act [ 41-121 to 41-147], ":
the context plainly otherwise requires:
(b) "Underground water" means any water, including hot water and geot'


41-83







41-121.1 WATZR 41-122

1 steam, under the surface of the land or the bed of any stream, lake, reser-
it. or other body of surface water, including water that has been exposed to
e surface by an excavation such as a pit;
ig) "Additional supply" means underground water for irrigation use which is
P urtenant to lands that have a direct flow supply of surface water or have an
i'inal supply from another underground water source. The limit of use of ad-
:ional supply is beneficial use. (Laws 1957, ch. 169, 27; 1973, ch. 171, 2.)
The 1973 amendment inserted "including rest of the section was not affected by the
: water and geothermal steam" in sub- amendment, it is not set out in this Sup-
t ion (b), added "including water that plement.
been exposed to the surface by an Law Reviews.
-:avation such as a pit" ,at the end of See note. "'Water Mining' and
,t subsection and added stibsection (g). Wyoming Law," 17 Wyo. L.J. 232 (1963).
Only part of section set out.-As the
41-121.1. Spring waters; perfection of right to use; limitation.
-All springs and spring waters where the yield does not exceed 25 gallons per
-iute and where the use is for domestic or stock purposes only, shall be consid-
-cd as ground water. Perfection of the right to use spring water up to 25 gal-
ns per minute for domestic or stock use shall be made in accordance with the
l.s pertaining to ground water. (Laws 1973, ch. 171, 1.)
41-121.2. By-product water; definition.-By-product water is water
h!ich has not been put to prior beneficial use, and which is a by-product of some
,water-related economic activity and has been developed only as a result of
:ch activity. By-product water includes, but is not limited to, water resulting
,m the operation of oil well separator systems or mining activities such as de-
.tering of mines. (Laws 1973, ch. 171, 1.)
41-121.3. Same; appropriation; conditions and limitation. (a)
I ny person intending to appropriate by-product water for beneficial use shall file
I application with the state engineer on the forms and in the manner prescribed
r ground water applications. By-product water shall be considered as being in
:e same class as ground water for the purposes of administration and control.
.' application may be filed only if both the following conditions exist:
(i) The by-product water is intercepted while it is readily identifiable and be-
re it has commingled with the waters of any live stream, lake, reservoir or other
rface watercourse, or part of any ground-water aquifer; and
(ii) The developer of the water is the applicant, or an agreement is filed in
Office of the state engineer wherein the developer of the water gives the ap-
cant permission to use the water as proposed in the application. The agree-
.nt must be signed by the developer of the water, and may contain provisions
Reservation of the wafer to the use of the developer-grantor, and if so stipu-
:ed, the reservation can be superior in right and title to any use by the appli-
nt-grantee.
(b) In all other cases, an application to appropriate by-product water shall be
ierned by the laws pertaining to surface water, and by-product water shall be
Sisidered as part of the surface supply, subject to use by existing priority rights.
Saws 1973, ch. 171, 1.)
41-122. Application of act Generally; registration of vested
S'hts; permit to construct well; registration of formerly exempted
S"lls.-Nothing herein contained shall be construed so as to interfere with the
1ht of any person to use water from any existing well where such water is
omically and beneficially used for irrigation or for municipal, railway, indus-
: or other beneficial use, to the extent only that such continued right does not
':riously affect existing adjudicated surface rights not heretofore abandoned, and







WYOMING STATUTES, 1973 CUM. SUPPLEMENT


such use is hereby declared to constitute a vested right, provided, that !
of any such right acquired before April 1, 1947, must have filed wit!
engineer the statement required by sections 41-121 to 41-147, Wyonmit.
1957, on or before December 31, 1957, and the owner of any right :..
or after April 1, 1947, must have registered his well with the state '::
required by sections 41-121 to 41-147, Wyoming Statutes 1957, prior to
tive date of this act [ 41-121 to 41-147], and provided further, that tlh
take underground water from any well exempted from the provisions of
41-121 to 41-147, Wyoming Statutes 1957, that is not exempted from tl
sions of this act, and that shall be registered with the state engineer pri,
effective date of this act, shall also constitute a vested right in the use ,
with priority as of the time of completion of the well. No well shall be c0:
after the effective date of this act unless a permit has been obtained from
engineer. All existing stock and domestic wells formerly exempted may
tered with the state engineer prior to December 31, 1972. The state engii
make appropriate forms for such registration available with each county c:
at such other places as he deems feasible. (Laws 1957, ch. 169, 1; 1969, :
1.)
The 1969 amendment substituted in the 41-147, Wyoming Statutes io:
first sentence "sections 41-121 to 41-147, "chapter 107, Session Laws of \',
Wyoming Statutes 1957" for "section 5, 1947." The amendment also at!
chapter 107, Session Laws of Wyoming, second, third and fourth sentence~
1947" substituted "sections 41-121 to 41- Effective date.-Laws 1969, ch. 2',
147, Wyoming Statutes 1957" for "section ried no provision as to its effect.
8, chapter 107, Session Laws of Wyoming, but was approved March 7, 1969.
1947," and substituted "sections 41-121 to
41-124. Same-Preferred right of appropriations for stock
domestic use.-Appropriations of underground water for stock or dome.i,
the latter being defined as household use and the watering of lawns and g..'
for noncommercial family use where the area to be irrigated does not exce,
(1) acre, where the yield or flow does not exceed .056 cubic feet per sece
twenty-five (25) gallons per minute, shall have a preferred right over rigir
all other uses, regardless of their dates of priority, subject to the provisil
section 41-128, Wyoming Statutes 1957, as amended, if an appropriation i
two (2) or more uses, and includes one (1) of the above preferred use-
preferred use shall be limited to .056 cubic feet per second of twenty-five
gallons per minute, and the application shall specify one (1) acre upon which
preferred uses shall be made. Such preferred use shall not include municipv!
by any person of water appropriated by a municipality or company, or any in-
where water is purchased or held out for sale. (Laws 1957, ch. 169, 2; 1'
ch. 213, 2.)
The 1969 amendment rewrote this sec- Cited in Bishop v. City of Casper,
tion. P.2d 446 (Wyo. 1966).
41-125. Division advisory committee.-(a) In each of the water *
sions of the state, as defined in section 41-54 of the statutes there shall be estate
a division advisory committee on underground water. Each committee shall c<
of three persons, appointed by the governor, who shall in making such ap!
ments, select persons who will, in his opinion, adequately represent the land,'-
and water users of the division, the geographical areas of the division a!n
public interest. The first committee in each division shall consist of one n":
appointed for a term of two years, one member appointed for a term of four y
and one member appointed for a term of six years. Their successors shall c:a
appointed for a term of six years.
(b) The duties of the division advisory committee on underground water are


41-124










(i) To call and supervise the election of the members of control area advisory
,cards;
(ii) To assist and advise the state engineer and the board regarding policies that
keTt the underground water of this state, such assistance and advice to consider
oih the interests of underground water users and the interests of the general public;
(iii) To provide advice and assistance to the state engineer and superintendents
1 arriving at solutions to underground water problems as they arise within the
waterr division:
i (iv) To provide advice and assistance to control area advisory boards, par-
:ularly in the development of control measures which are recommended to the state
:gineer for adoption;
(v) To provide underground water users within the.division with information
Sciative to the policies and procedures of the state engineer and board which affect
Sec use of underground water. (Laws 1957, ch. 169, 3; 1973, ch. 171, 2.)
The 1973 amendment designated the Compiled Statutes, 1945" in the first sen-
rmer provisions of this section as sub- tence therein and added subsection (b).
rtion (a), substituted "section 41-54 of Cited in Bishop v. City of Casper, 420
,e statutes" for "section 81-101, Wyoming P.2d 446 (Wyo. 1960).
41-126. State engineer-Powers generally.-In the administration
ad enforcement of this act [ 41-121 to 41-147] and in the effectuation of the
SIlicy of the state to conserve its underground water resources, the state engineer
authorized and empowered on advice and consent of the board of control:
(a) To prescribe such rules and regulations as may be necessary or desirable
Enable him to efficiently administer this act,
(b) To require such reports from well drillers as may be necessary or desirable,
(c) To require such annual reports from underground water users as may be
,cessary or desirable,
(d) To make such investigations as may be necessary or desirable, and to co-
Sprate in such investigations with agencies of the United States, agencies of this
ate or any other state, political subdivision of this state, any public or private
rporation, or any association or individual,
(e) To make regulations concerning the spacing, distribution and location of
ells in critical areas,
(f) To establish standards for the construction of wells, to work with the divi-
m advisory board, governmental subdivisions, and water user organizations to
courage the adoption of local standards of beneficial use and methods of con-
yance and application of water designed to conserve and prevent waste of sup-

(g) To require, whenever practical, all flowing wells to be so capped or
Shipped that the flow of water can be stopped when the wells are not in use, and
require both flowing and nonflowing wells to be so constructed and maintained
to prevent the waste of underground water either above or below the land sur-
-ce,
(h) To require the abatement of any condition, or the sealing of any well,
'ponsible for the admission of polluting materials into an underground water
iply,
i() To delegate any of the duties and powers imposed or granted by this act,
the deputy state engineer or to an assistant state engineer, or other qualified
"'Iber of his staff,
i() To bring suit to enjoin the construction of illegal wells or the withdrawal
l"se of water therefrom, or to enforce any of the provisions of this act or of
'rs issued thereunder, and to intervene in any action or proceeding when it


WATER


41-126








41-128 WYOMING STATUTES, 1973 CUM. SUPPLEMENT 41-12,

appears that the determination of such action or proceeding may result in tlh
depletion of underground water resources of the state contrary to the policy ex
pressed in this act. (Laws 1957, ch. 169, 25; 1969, ch. 213, 3.)
The 1969 amendment added "or other Cited in Bishop v. City of Casper, 42:
qualified member of his staff' at the end P.2d 446 (Wyo. 1966).
of paragraph (i).
41-128. Authority to order interfering appropriator to cease with.
drawals of water; hearing complaints by appropriators.-(a) Whenever ,
well withdrawing water for beneficial purposes shall interfere unreasonably with a:
adequate well developed solely for domestic or stock uses as defined in sectit:
41-124 of the statutes, whether in a control area or not, the state engineer may, (,:
complaint of the operator of the stock or domestic well, order the interfering appnr
priator to cease or reduce withdrawals of underground water, unless such appr,
priator shall furnish at his own expense, sufficient water at the former place of -,
to meet the need for domestic or stock use. In case of interference between two we!.
utilizing water for stock or domestic use as defined in section 41-124 of the statute.
the appropriation with the earliest priority shall have the better right.
(b) Any appropriator of either surface or underground water may file a writt::
complaint alleging interference with his water right by a junior right. Complain:
are to be filed with the state engineer and are to be accompanied by a fee of $10
to help defray costs of investigation. This section is not applicable to interference
between two surface water rights. Upon receiving the complaint and fee, the stat,
engineer shall undertake an investigation to determine if the alleged interference
does exist. Following the investigation, the state engineer shall issue a report to ai:
interested parties stating his findings. The report may suggest various means oi
stopping, rectifying or ameliorating the interference or damage caused thereby.
(c) Any interested appropriator who is dissatisfied with the results of the:
foregoing procedure may proceed under the applicable provisions of the Wyomin-
Administrative Procedure Act [ 9-276.19 to 9-276.33]. If a hearing is to be he!
it shall be held before the appropriate water division superintendent. The super
intendent shall report to the board of control at its next meeting. The board sha;
issue its order to include findings of fact and conclusions of law. (Laws 1957, cl
169, 19; 1961, ch. 211, 1; 1969, ch. 213, 4; 1973, ch. 171, 2.)
Effect of amendments.-The 1969 amend- This section gives relief only for "at
ment rewrote this section and no explana- adequate well." Bishop v. City of Casper
tion of changes made by the 1961 amend- 420 P.2d 446 (Wyo. 1966), commented ce
ment is now practical. in 2 Land & Water L. Rev. 469 (1967).
The 1973 amendment designated the Hence, complaint must allege that we:
former provisions of this section as sub- is adequate. Bishop v. City of Casper. 4-
section (a), substituted "of the statutes" P.2d 446 (Wyo. 1966), commented on in .
for "Wyoming Statutes 1957" in the first Land & Water L. Rev. 469 (1967).
and second sentences in that subsection, Otherwise, such complaint is defective
substituted "control" for "critical" in the Bishop v. City of Casper, 420 P.2d 44
first sentence therein and added subsec- (Wyo. 1966), commented on in 2 Land '
tions (b) and (c). Water L. Rev. 469 (1967).
41-129. Control areas-Designation; duty of state engineer; hear
ings.-(a) "Control area" means any underground water district or subdistri,
that has been so designated by the board of control. The board of control ni:
designate a control area for the following reasons:
(i) The use of underground water is approaching a use equal to the curre!r
recharge rate;
(ii) Ground-water levels are declining or have declined excessively;
(iii) Conflicts between users are occurring or are foreseeable;
(iv) The waste of water is occurring or may occur; or
(v) Other conditions exist or may arise that require regulation for the pri
tection of the public interest.










Sb) Whenever the engineer has information leading him to believe that any
groundd water district or subdistrict should become a control area, he shall
*tediately report in writing to the board of control all information known by him
*il reference to said area.
,c) The board of control shall fix a time and place to consider the information
,lied by the state engineer and hear any other evidence presented at the time of
hearing. At the conclusion of the hearing, the board of control shall issue an
,:er declaring that the area in question is or is not to be a control area. If the
Ird determines that a control area needs to be created, it shall define the area
,graphically and stratigraphically. Whenever a control area has been designated,
e state engineer may, without hearings or other proceedings, refuse to grant
nrmits for the drilling of any wells within the control area. (Laws 1957, ch. 169,
5; 1973, ch. 171, 2.)
SThe 1973 amendment designated the as to make a detailed comparison im-
Svisions of this' section as subsections practicable.
to (c) and made such other changes
4 41-130. Same Election of control area advisory board. (a)
A whenever r an underground water district or a subdistrict thereof is declared to be
Control area, a control area advisory board shall be created in the manner provided
rein. The control area advisory board shall consist of five adults who own land,
underground water rights, or are the officers or officials of any corporation or
ny duly constituted board thereof owning land, or underground water rights, with-
Sthe control area. The board shall represent the entire control area. The state
igineer shall notify the division advisory committee of the division in which the
ntrol area is located, of the designation of the control area. The division advisory
.,mmittee shall thereupon call an election of members of the control area advisory
,ard, to be held within 60 days from the date of such notification. The call of the
action shall state the time, the place within the district, and the purpose of the
election, and shall be published for two consecutive weeks at least 20 days prior to
* ach election in a newspaper of general circulation in each county in which a part
Sthe control area lies. Every person or corporation owning; or entitled by virtue of
public land filing to the possession of, land situated in and being a part of the
;'ntrol area, shall be entitled to cast for each member to be elected one vote for
-ach acre of such land, as assessed upon the last annual assessment roll of the
county in which such land is located, or as shown by such public land filing. A
.rson owning a tract of land of less than one acre shall he entitled to cast one
t)te for each member to be elected. The grantee or assignee of the water in or
::ider any described land shall be entitled to vote. as prescribed herein, in the place
f the person or corporation owning, or entitled to the possession of, such land.
\i the hour and place of such election the division advisory committee shall call the
.ill of those entitled to vote, and the number of votes each is entitled to. They shall
,ake a record of the qualified voters present, receive all proxies and prescribe the
methodd of canvassing the votes. All proxies shall be in writing and signed by the
,rson entitled to vote. The five persons receiving the highest number of votes shall
e declared to be elected, regardless of whether or not they have received a majority
Votes cast, and nonelection shall be invalid by reason of the fact that a majority of
"e acreage of the control area was not represented at such election. Two of the
"'embers so elected shall serve until the third Tuesday in March of the year fol-
wving the election, two of the members so elected shall serve until one year follow-
',I such date, and one member shall serve until two years following such date. The
divisionn advisory committee shall decide by lot which members shall serve for
thesee terms.

(b) During the first seven days of March next preceding the expiration of the
'rmn of any member or members, an election shall be held to elect a member or
ienmbers of the control area advisory board. The control area advisory board shall


41-130


WATER


:1-130








WYOMING STATUTES, 1973 CUM. SUPPLEMENT


call and conduct the election in the same manner prescribed above for the call
conduct of the first election. Members elected at any election after the first rl,,
shall serve for a term of two years. Whenever the office of any member shani
come vacant for any cause, the vacancy shall be filled for the i'iexpired tnrt
the remaining members. The costs of all elections herein provided for shall 1h.
by the state engineer's office. (Laws 1957, ch. 169, 6; 1971, Sp. Sess., ch. 4.
1973, ch. 171, 2; ch. 213, 2.)
The 1971 amendment designated the amendments have been given effect in
former first paragraph of this section as section as it is set out in this Suppl,
subsection (a) and the former second Editor's note.-Laws 1973, ch. 213,
paragraph of this section as subsection provides: "This act shall operate pr(o
(b). In the second sentence of subsection tively only and shall not apply to ex,
(a) the amendment substituted "eighteen court decrees, trusts, wills or other wr
(18)" for "twenty-one." documents."
The 1973 amendments.-The first 1973 Severability.-Laws 1973, ch. 213,
amendment so changed this section as to provides: "If any provision of this ar
make a detailed comparison impracticable, the application thereof to any pers
Its general effect, however, related to the circumstance is held invalid, such inm
designation of a control area. ity shall not affect other provisions or
The second 1973 amendment substituted plications of this act which can be r
"adults who" for "persons who are over effect without the invalid provision or
the age of eighteen (18) years and" in the plication and to this end the provision:
second sentence of subsection (a). Both this act are declared to be severable'
41-131. Same-Adjudication of waters within area; notice; he
ing; issuance of certificate of appropriation; recordation; fees; prior.
of appropriation generally.-(a) After the boundaries of any control .
have been determined by the board, the appropriate superintendent shall pro<
with the adjudication of unadjudicated wells within the control area. After r.
pleting the adjudication, the superintendent shall hold evidence of the adjudic;
open for inspection by the public at a time and place to be fixed by the superin'
dent, and notice thereof shall be published in two issues of a newspaper of genm
circulation in the county or counties where the control area is situated.
(b) If any well owner, lessee or user within a control area refuses to adjudik
a well, or supply the necessary information to permit adjudication of any well.
superintendent may tag and lock the pump or well to prevent use of water tfi
from. The penalty for interfering with the tag or lock on a well is as provide
section 41-147 of the statutes. The use of water from a well so tagged and loc
is prima facie evidence that the well owner, lessee or user has violated the .
visions of this section.
(c) The taking of proof, filing objections or contests, giving notices, conduct'
of hearings, making adjudications of water rights, determining of priorities a!
tween appropriators, issuing of certificate of appropriation, and taking appeals .
insofar as applicable, and not in conflict with the provisions of this act [ 41
to 41-1471 be governed by the provisions of article 2 of chapter 71, Wyoming C
piled Statutes, 1945 f 41-148 to 41-160. 41-164 to 41-2161.
(d) At the first regular meeting of the board after completion of such proof
advertisement, the board shall cause to be entered in the records of its office
order showing the priorities of right to the use of water in the control area.
amount of appropriation of the parties claiming water therefrom, the character
kind of use for which the appropriation is made, and the places or points of
The secretary of the board shall issue to each person represented in the deterfm
tion, a certificate of appropriation signed by the president of the board and alltt
under seal of the secretary of the board which shall state the name and post-<,
address of the appropriator, the priority date of the appropriation, the amouii'
water appropriated, the use to which the water has been applied and. if the :11
priation is for irrigation, a description of the legal subdivision of land to whici'
water is applied, or the place of use if the appropriation is not being used for irr
tion. The certificate shall be transmitted by certified mail to the county cletl


41-131










:c county in which the appropriation has been made and the county clerk shall,
,n receipt of the proper fee, record the same and thereupon immediately transmit
e certificate to the appropriator. At the time of the submission of final proof of
;propriation before the state engineer or superintendent of a water division, a fee
:$2 shall be collected, one dollar of which shall be used for recording the said
-:ificate and $1 of which shall be deposited with the state treasurer to
e credit of the fund provided for maintenance of the board of control. The priority
appropriation shall be the determining factor in adjudicating underground water;
.c person first making such appropriation being first entitled to the use of said
underground water, except as modified by section 41-141 of the statutes. (Laws
:57, ch. 169, 15; 1973, ch. 171, 2.)
The 1973 amendment rewrote this sec-

4 41-132. Same-Hearing to determine adequacy of water for all
,ppropriators; corrective controls generally; agreements in lieu of con-
:rols.-(a) After designation of an area as a control area by the board, the state
:gineer may temporarily adopt any of the corrective controls provided for by this
action, wherg it appears that immediate regulation is required. After the well
Sjudication procedure has been completed, the state engineer may, on his own
motion, and shall on the petition of 20 appropriators or of one tenth of the appro-
*i ,tors of water from a control area, cause a hearing to be held before the state
-gineer and the control area advisory board to determine whether the underground
:ter in the area is adequate for the needs of all appropriators of underground
Ster in such area. Public notice of the time and place of the hearing shall be
:hlished once in a newspaper circulated in the area not more than 30 days before
c time set for the meeting. If the state engineer finds after the hearing, and after
givingg the advice of the control area advisory board, that the underground water
Sthe control area is insufficient for all of the appropriators, he may by order adopt
c or more of the following corrective controls:
(i) He may close the controlled area to any further appropriation of under-
.ound water, in which event he shall thereafter refuse to grant any applications
r a permit to appropriate underground water in that area, provided, that such
ea may be reopened to appropriations at any time the state engineer shall find on
Basis of additional evidence that there is unappropriated water in the area, in
.ich event tC., state engineer shall reconsider all applications for permits refused
k the grounds of the order closing the area;
rii) He may determine the permissible total withdrawal of underground water
the control area for each day, month or year, and, insofar as may be reasonably
:e, he shall apportion such permissible total withdrawal among the appropriators
'ling valid rights to the underground water in the control area in accordance
::h the relative dates of priority of such rights;
Siii) If he finds that withdrawals by junior appropriators have a material and
"'rse effect upon the supply available for and needed by senior appropriators, he
:v order such junior appropriators to cease or reduce withdrawals forthwith;
iv) If he finds that cessation or reduction of withdrawals by junior appropri-
'Is will not result in proportionate benefits to senior appropriators, he may require
Specify a system of rotation of use of underground water in the controlled area;
v) He may institute well-spacing requirements if permits are granted to de-
', new wells.
h) The state engineer shall cause a copy of any such order to be served upon
h person affected thereby in the manner provided for service of process in civil

c Appropriators of underground water from a control area may agree to any
'rtd or scheme of control of withdrawals, well spacing, apportionment, rotation
Iproration of the common supply of underground water. The state engineer shall


WATER


41-132








WYOMING STATUTES, 1973 CUM. SUPPLEMENT.


encourage and promote such agreements and supply the parties with inform.
and advice. When the state engineer, with the advice of the control area ad~.
board, shall find that any such agreement, executed in writing and filed in his ,
is consistent with the intent, purposes and requirements of this act [ 41-1'
41-1471, and would not be detrimental to the public interest or to the rigl-.
other persons not parties to the agreement, he shall approve the agreement.
thereafter such agreement shall control, until terminated as hereinafter provi
in lieu of any order issued pursuant to subsection (a) of this section.
(d) Any agreement approved by the state engineer may be terminated bh
terms of the agreement, by the consent of the parties, or by order of the
engineer if he finds, after investigation and a public hearing before the control
advisory board, held at least two weeks after one published notice in a news
of general circulation in each county in which a part of the control area lies.
the agreement is not being substantially complied with by the parties, or
changed conditions have made the agreement inequitable, or that the continu r
of the agreement is no longer consistent with the intent, purpose and requirenir
of this act, or is a detriment to the public interest or to the rights of other per.
not parties to the agreement. (Laws 1957, ch. 169, 17; 1973, ch. 171, 2.)
The 1973 amendment so changed this
section as to make a detailed comparison
impracticable.

41-134. Change of location of well without loss of priority; a-
peal from action of state board of control or state engineer.-(a) An
proprietor of underground water may change the location of his well with
loss of priority to a point within the same aquifer by securing approval of
state board of control if the ground water right has been adjudicated. If the r
is not adjudicated, approval for the change in location may be granted by the s'
engineer. The state hoard of cot.trol and the state engineer are hereby authori-
to make such regulations as may be necessary to carry out the provisions of t
section.
(b) Any person or persons feeling himself or themselves aggrieved by such
tion of the state board of control or the state engineer may within six months fr
the date of such action by the state board of control or the state engineer take
appeal to the district court of the county within which the greatest use of water:
made under such water rights. The procedure on appeal shall be in conform
with the provisions of sections 41-76, 41-160, 41-193 to 41-196, inclusive, 41-1
41-199. Wyoming Statutes, 1957. The attorney general shall represent the !,
board of control or the state engineer, in such proceedings. (Laws 1957, ch. I
21: 1965, ch. 137, 1.)
The 1965 amendment designated the state engineer are" for "is" after
former section as subsection (a) and state board of control" at the begin:
added subsection (b). It also added "if the of the present third sentence of such
ground water right has been adjudicated" section.
at the end of the first sentence of sub- Effective date.-Section P, ch. 137, 1.
section (a). added the second sentence of 1965. makes the act effective from
such subsection, and substituted "and the after passage. Approved March 1, i
41-135. Appeals.-Any person aggrieved by an order of the board or
the state engineer concerning underground water, or by their or his failure to
may appeal in the manner provided by section 41-216 of the statutes, and
Wyoming Administrative Procedure Act [ 9-276.19 to 9-276.33]. (Laws 1'
ch. 169, 23; 1973, ch. 171, 2.)
The 1973 amendment rewrote this sec-
tion.
41-136: Repealed by Laws 1973, ch. 176, 2.


41-134









41-137. Prohibited acts;*penalty for violation.-Any person who
,ill withdraw underground water or who shall fail to stop or reduce the flow of
undergroundd water in violation of any order of the state engineer made pursuant
:; this act [ 41-121 to 41-147], or any person who does not have a permit, cer-
i!' ate, or vested right to appropriate underground water who shall withdraw
underground water from any well other than wells for stock or domestic purposes
..s defined in section 2 of this act [ 41-124],. shall be guilty of a misdemeanor
. tld upon conviction .thereof shall be punished by a fine in a sum not exceeding
one hundred dollars ($100.00), or by imprisonment in the county jail for a term
not exceeding three (3) months, or by both such fine and imprisonment, for each
day on which such violation occurs. (Laws 1957, ch. 169, 26; 1969, ch. 213, 5.)
The 1969 amendment substituted "wells regulation 'by" and "three (3) months" for
ior stock or domestic purposes as defined "three months."
n" for "for the purposes exempted from

Divisson 2. Permits tor Construction of Wells. etc.
41-138. Application-Who required to file; filing; contents; use
of water from existing well; statement of claim. Any person who after
March 1, 1958, 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 performing any work in connection with said construction or proposed appro-
priation or any manner utilizing said water for beneficial purposes, file with the
state engineer an application for a permit to make such appropriation and shall
not proceed with any of such construction or work until a permit is granted by
the state engineer, provided, that whenever any well constructed for any other
purpose shall be found to be suitable for the withdrawal of underground water,
such application shall be filed before said water is utilized for beneficial use. Such
application shall contain the name and post-office address of applicant or applicants,
the nature of the proposed use, the location of the proposed well or other means of
obtaining underground water, the depth to the water- table, if known, the size,
type, description and estimated depth of the proposed well, a description of the
proposed pumping equipment, if any, and of the source of power, the estimated
capacity in gallons per minute, the amount of water applied for, and, if said water
is to be used for irrigation, the acreage and location by legal subdivision of the
land to be reclaimed or for which supplemental water is to be sought, a description
of any water right applicable to said land, and a description of the ditch, pipe or
flume, if any, that will be used to transport said water to said land, and such
other information as the state engineer may require. Nothing herein contained
shall be construed so as to interfere with the right of any person to use water
from any existing well. where such water is economically and beneficially used
for stock, household use and the watering of lawns and gardens for noncommercial
family use where the area to be irrigated does not exceed one (1) acre and the
yield or flow does not exceed .056 cubic feet per second or twenty-five (25) gallons
per minute, and such uses are hereby declared to constitute a vested right, pro-
vided, that the owner of any such right must have filed a statement of claim in
accordance with this section prior to December 31, 1972. (Laws 1957,-ch. 169, 7;
1969, ch. 213, 6.)
The 1969 amendment deleted "except for second sentence, substituted "minute" for
'hose purposes specifically exempted by "minutes" in that sentence, and substituted
provisions of section 2" following "State of the present last sentence for the former
Wyoming" in the first sentence, deleted last sentence.
"the" preceding "post-office address" in the
41-139. Same-When granted generally; denial subject to re-
view; defects and corrections generally; cancellation.-An application for


WATER


41-139







WYOMING STATUTES, 1973 CUM. SUPPLEMENT


a permit for a well in any areas not designated as a critical area shall be gr .:
as a matter of course, if the proposed use is beneficial and, if the state engi;,
finds that the proposed means of diversion and construction are adequate. If
state engineer finds that to grant the application as a matter of course, would :
be in the public's water interest, then he may deny the application subject to :
view at the next meeting of the state board of control. If the state engineer
find that the proposed means of diversion or construction are inadequate, ,r
the application is otherwise defective, he may return the application for correct,
If such correction is not made within ninety (90) days, the state engineer nv
cancel the application. (Laws 1957, ch. 169, 8; 1969, ch. 100, 1.)
The 1969 amendment added the second mining Quantity in Irrigation Approp:
sentence and substituted "correction" for tions,", 4 Land & Water L. Rev.
"return" in the last sentence. (1969).
Law Reviews.-See comment, "Deter-
41-140. Same Hearings before state engineer and control anr
advisory board.-(a) Upon the filing of an application to appropriate unm,
ground water from an area designated as a controlled area by the state engineer, t
state engineer shall cause to be published, at applicant's expense, in a newspaper
general circulation in the county wherein the proposed well or other works \vil
located, for at least once a week for three consecutive weeks, a notice of the fili:
of such application and that objections to the granting thereof may be filed wit.
ten days after the last publication of said notice, on the grounds that there is:
unappropriated water in the proposed source of supply or that the granting of t
application would be detrimental to the public interest. If objections shall have h.
filed within the time specified in such notice, the state engineer shall set a date f.
a hearing on the application and the objections thereto and shall notify the applica:
and the objectors thereof. The hearing shall be before the state engineer and t'
control area advisory board, and shall be held in an appropriate place within t.
county in which the proposed well is to be located.
(b) If no objections are filed against the application but the state engineer is <
the opinion that the application may be detrimental to the public interest, or desire,
to obtain the recommendations of the control area advisory board, he shall st.
date for a hearing on the application and shall notify the applicant of the time a:
place thereof. The hearing shall be open to the public, and shall be held before t
state engineer and the control area advisory board in an appropriate place in I`
county in which the proposed well is to be located. In making any determinate
required by this section, the state engineer may rely upon records and information
on file in his office or in the office of the board. In the event a hearing is held
shall make known to the parties the records and information upon which he rcl
(c) The application shall be granted and the permit issued only if the state or::
never finds, after receiving the advice of the control area advisory board, that tl:r
are unappropriated waters in the proposed source, that the proposed means of di,
S sion or construction is adequate, that the location of the proposed well or o't!
work does not conflict with any well-spacing or well-distribution regulation, :c:
that the proposed use would not be detrimental to the public interest. If the .
engineer finds that the application is incomplete or otherwise defective, he s
return the application for correction. If the correction is not made within 90 d(;t
the application shall be cancelled.
(d) All procedures set forth in this section shall be conducted in confonnr
with and subject to the provisions of the Wyoming Administrative Procedure A:
[ 9-276.19 to 9-276.33]. (Laws 1957, ch. 169, 9; 1969, ch. 100, 2; 1973. '
171, 2.)
The 1969 amendment added subsection section as to make a detailed compari-
(d). impracticable.
The 1973 amendment so changed this


41-140


41.;









41-141. Express conditions limiting rights of appropriator; addi-
tional conditions.-It is an express condition of each underground water permit
that the right of the appropriator does not include the right to have the water level
or artesian pressure at the appropriator's point of diversion maintained at any
tevel or pressure higher than that required for maximum beneficial use of the water
in the source of supply. The state engineer may issue any permits subject to such
conditions as he may find to be in the public interest. (Laws 1957, ch. 169, 10;
1973, ch. 171, 2.)
The 1973 amendment, in the first sen- sure" and deleted "and of each appropria-
:cl.ce, substituted "is" for "shall be," in- tion of underground water acquired there-
.rrted "underground water" and "or pres- under" following "permit."
41-142. Time limits to commence and complete construction; ex-
tensions, cancellation generally.-If the permit is granted, the applicant shall
commence construction of the works within one year from the date of approval
of the permit and shall complete the construction and apply the water to beneficial
use before the date specified in the conditions of approval, which shall not be more
than three years after the date of approval. The state engineer may extend the
period or cancel the permit in accordance with the procedures set forth in section
41-206 of the statutes. (Laws 1957, ch. 169, 11; 1959, ch. 22, 1; 1973, ch.
171, 2.)
The 1959 amendment so changed this sentence and "the period" for "these pe-
section that a detailed comparison is not riods" and "of the statutes" for "Wyo-
here oracticable. ming Statutes 1957" in the second sen-
The 1973 amendment substituted "which tence.
i hall not be more than three years after Effective date.-Section 2, ch 22, Laws
ihe date of approval" for "which date shall 1951). makes the act effective from and
Ie December thirty-one (31) of the second after passage. Approved Februars 5. 1959.
year after date of approval" in the first
41-143. Adjudication procedure; information; attachment of rights
to purpose or land.-(a) Any person constructing any well under a permit shall,
within 30 days after the completion or abandonment of such work, report to the
state engineer the data required relating to such well, on forms furnished by
the state engineer. A well shall be considered complete when it is possible to install
a pump and pump water. In the case of an artesian well, completion is the time
when the drill rig is moved off of the drilling site.
(b) Upon completion of the work according to the terms of the permit and the
recording on forms furnished by the state engineer of such information as is deemed
necessary concerning the works, and the filing of a map signed by a Wyoming
licensed professional engineer or land surveyor, showing the location of the well
and the point or points of use, the state engineer or his authorized representative
hall inspect the works, the lands irrigated or other uses being made of the water.
At this time the board may consider for adjudication the underground water rights
upon proof of beneficial use being submitted by the appropriator.
(c) Adjudication shall proceed in the same manner prescribed for the adjudica-
:ion of surface appropriations. An underground water appropriation attaches to the
hnd for irrigation, or for such other purposes or object for which it was acquired.
(d) In the interest of an orderly adjudication procedure for underground water,
:he state engineer, with the concurrence of the board, may order adjudication of
fny well or wells in the state. Upon one year's notice, any appropriator whose well
ii to be adjudicated shall furnish the state engineer all of the documents mentioned
*n subsection 41-143(b) of the statutes. If any appropriator refuses to supply any
1,f this information, the superintendent may tag and lock the well. Any appropriator
'hat interferes with the tag or lock is subject to the same penalty as provided in
action n 41-147 of the statutes. Use of water well so tagged or locked is prima facie
evidencee of such interference. (Laws 1957, ch. 169, 12; 1973, ch. 171, 2.)
The 1973 amendment rewrote the provi- as subsection (a) and added subsections
i,,ns of this section and designated them (b), (c) and (d).


WATER


41-143


41-141








WYOMING STATUTES, 1973 CUM. SUPPLEMENT


41-144. Priority of appropriation.-The priority of appro,;:
underground water obtained prior to April 1, 1947, shall date from ti:,
pletion of the well. The priority of appropriation of underground wa; ,
subsequent to April 1, 1947, and prior to March 1, 1958, shall date fro!:
of registration in the state engineer's office. The priority of appropriation ,,
ground water obtained on or subsequent to March 1, 1958, shall d(L
filing of the application for permit in the state engineer's office. Priority ,
priation of underground water for stock or domestic purposes, as dcfit:
tion 41-124, Wyoming Statutes 1957, shall date from the time of comphnl
well if properly registered with the state engineer prior to December 31,
registered with the state engineer subsequent to December 31, 1972, tlh
shall date from the filing or registration in the state engineer's office. (I..
ch. 169, 16; 1969, ch. 213, 7.)
The 1969 amendment added the fourth
and fifth sentences.
41-145: Repealed by Laws 1965, ch. 62, 1.
41-147. Penalty,--Any person who shall drill, dig or conir
works for the securing of underground water without having first oltai::e
mit therefore shall be guilty of a misdemeanor and upon conviction therme
punished by a fine in a sum not exceeding one hundred dollars ($100o:
imprisonment in the county jail for a term not exceeding three (3) mon;,
both such fine and imprisonment. (Laws 1957, ch. 169, 14; 1969, ch. 213,
The 1989 amendment deleted "other than ground water" and substituted "'l
for the purposes exempted from regulation months" for "three months."
by section 3 of this act" following "under-


41-144




University of Florida Home Page
© 2004 - 2010 University of Florida George A. Smathers Libraries.
All rights reserved.

Acceptable Use, Copyright, and Disclaimer Statement
Last updated October 10, 2010 - - mvs