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Questions and Answers
What principle underlies the water rights system in Wyoming?
What principle underlies the water rights system in Wyoming?
In terms of priority, how are water rights regulated in Wyoming?
In terms of priority, how are water rights regulated in Wyoming?
Who is the chief administrator of Wyoming waters?
Who is the chief administrator of Wyoming waters?
How many water divisions is the state of Wyoming divided into for the administration of waters?
How many water divisions is the state of Wyoming divided into for the administration of waters?
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What is the primary role of the state board of control in Wyoming?
What is the primary role of the state board of control in Wyoming?
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Where is the State Engineer's Office located?
Where is the State Engineer's Office located?
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What term is used for water rights that have priority dates before Wyoming achieved statehood in 1890?
What term is used for water rights that have priority dates before Wyoming achieved statehood in 1890?
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Which water division includes the North Platte and South Platte River drainages?
Which water division includes the North Platte and South Platte River drainages?
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What is the maximum height a dam can have according to the regulations?
What is the maximum height a dam can have according to the regulations?
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What must be done to maintain a valid water right when changes are made to the point of diversion?
What must be done to maintain a valid water right when changes are made to the point of diversion?
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What is the minimum outlet diameter required for a reservoir?
What is the minimum outlet diameter required for a reservoir?
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Which of the following is NOT a requirement when filing a petition for a change in water use?
Which of the following is NOT a requirement when filing a petition for a change in water use?
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What flow rate categorizes a spring as ground water?
What flow rate categorizes a spring as ground water?
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What happens to a water right if it is not used for five successive years while water is available?
What happens to a water right if it is not used for five successive years while water is available?
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When must a professional engineer be involved in the application process for a spring?
When must a professional engineer be involved in the application process for a spring?
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How can a developer dispose of water rights when subdividing land in Wyoming?
How can a developer dispose of water rights when subdividing land in Wyoming?
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What is considered carry-over storage in a reservoir?
What is considered carry-over storage in a reservoir?
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What is the main consideration when the board of control reviews a petition for change in water use?
What is the main consideration when the board of control reviews a petition for change in water use?
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What must the WWDC conduct before determining instream flow requirements?
What must the WWDC conduct before determining instream flow requirements?
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What is the priority date for a well drilled after March 1, 1958?
What is the priority date for a well drilled after March 1, 1958?
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What must be true for a water right to be declared abandoned?
What must be true for a water right to be declared abandoned?
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Which condition could result in approved temporary water use?
Which condition could result in approved temporary water use?
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What defines domestic use of water according to the law?
What defines domestic use of water according to the law?
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What is the maximum flow rate for domestic and stock purposes without needing a permit?
What is the maximum flow rate for domestic and stock purposes without needing a permit?
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What is the primary principle regarding the use of water rights in Wyoming?
What is the primary principle regarding the use of water rights in Wyoming?
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What must be included in the application under the section titled 'Remarks'?
What must be included in the application under the section titled 'Remarks'?
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In what situation can two or more water users collaborate in water usage?
In what situation can two or more water users collaborate in water usage?
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What happens if a new ditch creates damage to property that existed before its construction?
What happens if a new ditch creates damage to property that existed before its construction?
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Which of the following does NOT impact the issuance of an instream flow permit?
Which of the following does NOT impact the issuance of an instream flow permit?
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What is a key requirement if more than 1 acre is to be irrigated from a spring?
What is a key requirement if more than 1 acre is to be irrigated from a spring?
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What is required for a petitioner requesting a change in place of use to demonstrate?
What is required for a petitioner requesting a change in place of use to demonstrate?
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What exception existed for stock and domestic wells before the 1969 amendment?
What exception existed for stock and domestic wells before the 1969 amendment?
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Which aspect of water right maintenance does NOT fall under the user's responsibility?
Which aspect of water right maintenance does NOT fall under the user's responsibility?
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What must occur after a public hearing regarding instream flow appropriations?
What must occur after a public hearing regarding instream flow appropriations?
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Which group reviews subdivision plans that involve water rights?
Which group reviews subdivision plans that involve water rights?
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What is the maximum yield for a well supplying water to single-family dwellings classified as domestic use?
What is the maximum yield for a well supplying water to single-family dwellings classified as domestic use?
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Under what condition can water from a well be used in conjunction with a commercial endeavor?
Under what condition can water from a well be used in conjunction with a commercial endeavor?
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What must be submitted to the state engineer's office after the well is completed?
What must be submitted to the state engineer's office after the well is completed?
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What is the requirement for the area of lawns and gardens when using water from a well for domestic purposes?
What is the requirement for the area of lawns and gardens when using water from a well for domestic purposes?
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What is classified as stock watering use?
What is classified as stock watering use?
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What can the state engineer approve regarding a well location?
What can the state engineer approve regarding a well location?
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What is the state engineer's role regarding permits for wells?
What is the state engineer's role regarding permits for wells?
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What must be shown on the plat submitted for final proof of appropriation?
What must be shown on the plat submitted for final proof of appropriation?
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What defines a parameter for water to have preferred rights?
What defines a parameter for water to have preferred rights?
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Which of the following is classified as a non-preferred water use?
Which of the following is classified as a non-preferred water use?
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What condition allows for the correlation of priorities when water sources are interconnected?
What condition allows for the correlation of priorities when water sources are interconnected?
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What must you do if you cannot construct a well within the permitted time frame?
What must you do if you cannot construct a well within the permitted time frame?
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What is a by-product water according to Wyoming water law?
What is a by-product water according to Wyoming water law?
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What is required to secure a water right in Wyoming?
What is required to secure a water right in Wyoming?
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What is the first step in applying for a water right for surface water in Wyoming?
What is the first step in applying for a water right for surface water in Wyoming?
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What establishes the priority date for a water right application?
What establishes the priority date for a water right application?
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Which of the following is NOT required once the water project has been put to beneficial use?
Which of the following is NOT required once the water project has been put to beneficial use?
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Which limit on unstored water for irrigation applies to water rights with priority dates of March 1, 1945, or earlier?
Which limit on unstored water for irrigation applies to water rights with priority dates of March 1, 1945, or earlier?
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What does Wyoming's Excess Water Law state about water rights with priority dates post-March 1, 1945, but pre-March 1, 1985?
What does Wyoming's Excess Water Law state about water rights with priority dates post-March 1, 1945, but pre-March 1, 1985?
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What must be included in the permit application package to the state engineer?
What must be included in the permit application package to the state engineer?
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What may happen if a project cannot be completed within the specified time after receiving a permit?
What may happen if a project cannot be completed within the specified time after receiving a permit?
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What happens after final proof of appropriation is submitted?
What happens after final proof of appropriation is submitted?
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What is the required action in case an extension on a time limit is needed for a water project?
What is the required action in case an extension on a time limit is needed for a water project?
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Which type of water right may not require an engineer's survey for a permit?
Which type of water right may not require an engineer's survey for a permit?
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What happens to a water right after it is adjudicated?
What happens to a water right after it is adjudicated?
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What additional water are rights dated pre-March 1, 1945, entitled to?
What additional water are rights dated pre-March 1, 1945, entitled to?
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What is the maximum capacity of dams that can be constructed using simplified forms?
What is the maximum capacity of dams that can be constructed using simplified forms?
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Study Notes
Wyoming Water Law
- Wyoming water law is based on the doctrine of prior appropriation, meaning the first to put water to beneficial use has the first right.
- Water rights in Wyoming are regulated by priority, so the earliest rights are entitled to water during periods of limited supply.
- The Wyoming Constitution states that all natural streams, springs, lakes, and other collections of still water are state property.
Water Administration
- The State Engineer is the chief administrator of Wyoming waters.
- The state is divided into four water divisions, each with a superintendent responsible for administering water in their division, with assistance from water commissioners and hydrographer-commissioners.
- The four superintendents and the State Engineer make up the State Board of Control.
Obtaining a Water Right
- Before statehood in 1890, a water right could be established by using water and filing a claim with territorial officials.
- Since statehood, the only way to obtain a water right is by securing a permit from the State Engineer.
- Water rights cannot be obtained by historic use or adverse possession.
Surface Water Procedures
- To use surface water, apply to the State Engineer for a permit, providing maps and plans prepared by a licensed engineer or surveyor.
- The priority date is established on the date of application acceptance by the State Engineer.
- Upon approval, the State Engineer issues a permit for developing the proposed water project.
- The water project must be completed and put to beneficial use within the time specified on the permit.
- Notify the State Engineer of construction dates and when water is put to beneficial use.
- Extensions can be granted by the State Engineer before the original time limits expire.
- After beneficial use, submit final proof of appropriation or construction to the relevant water division superintendent for advertising and inspection.
- If everything is in order, the State Board of Control will issue a certificate of appropriation and/or construction.
- This certificate is evidence of a water right, adjudicated and permanently attached to the land or place of use.
Surface Water Limits
- Water rights for irrigation are adjudicated based on one cubic foot per second (cfs) per 70 acres.
- Water rights with priority dates before March 1, 1945, are entitled to an additional 1 cfs per 70 acres.
- Water rights with priority dates after March 1, 1945, but before March 1, 1985, are entitled to 2 cfs per 70 acres.
- Water rights with priority dates after March 1, 1985, are entitled to 1 cfs per 70 acres.
Simplified Forms
- Simplified forms are available for water storage and development of a spring, without the requirement of maps and plans from a registered engineer or surveyor.
- These forms apply to the following:
- Construction of small reservoirs for stock purposes only and fishing reserve waters
- Construction of flood detention dams
- Development of springs that flow less than 25 gallons per minute (gpm) and used only for stock watering and/or domestic uses.
- Development of springs that flow more than 25 gpm require a professional engineer or land surveyor.
Reservoir Storage
- A reservoir is entitled to be filled in priority once each year if water is available.
- Unused water in the reservoir at the end of the use period is carry-over storage and can be used to meet the following year's supply.
Instream Flow
- Instream flow for maintaining or improving stream fisheries is a beneficial use of water, provided by natural streamflows or storage water.
- The Wyoming Water Development Commission (WWDC) must conduct a hydrologic study to determine if storage water is needed.
- After receiving reports from the Game and Fish Commission and WWDC, the State Engineer may conduct an evaluation of the proposed appropriations for instream use.
- A public hearing must be held before granting or denying a permit for instream flow.
- The instream flow appropriation goes into effect when the State Engineer aprpoves the permit and the water right cannot be adjudicated for three years.
Ground Water Procedures
- The first Wyoming ground-water laws were enacted in 1945 and amended in 1947.
- A new ground-water law went into effect on March 1, 1958, repealing and replacing the earlier laws.
- The 1969 amendments changed the priority well dates.
- The same general procedures for acquiring surface-water rights apply to acquiring a ground-water right.
- Before drilling a well, apply to the State Engineer for a permit.
- Permits are generally granted, except in ground-water control areas.
- Construction of the well must begin within a year after the permit is granted.
- Notify the State Engineer of commencement, completion, and application of water to beneficial use.
- Extensions can be granted by the State Engineer before the original time limits expire.
- A plat showing the location of the well and the point(s) of use must be certified by a licensed engineer or surveyor and filed with the State Engineer.
- After filing final proof of appropriation, an inspection is made by the water division superintendent and the proof is advertised.
- If everything is in order, the State Board of Control will issue a certificate of appropriation.
Well Location and Depth
- Changing a well location within the same aquifer or the well depth may be approved without loss of priority, provided approval is obtained from the State Board of Control (if adjudicated) or the State Engineer (if not adjudicated).
- For all wells, the State Engineer may approve a change in location.
Special Water Right Conditions for Ground Water
- The permit to appropriate ground water does not guarantee a continued water level or artesian pressure.
- When underground waters are interconnected, priorities of rights to the use shall be correlated and a single schedule of priorities shall relate to the common water supply.
- By-product water is water that has not been put to prior beneficial use and is a by-product of some non-water-related economic activity, such as oil and gas production or mining.
Preferred Water Uses
- Preferred uses are listed in order of importance:
- Drinking water for humans and livestock
- Water for municipal purposes
- Water for steam engines and general railway use; water for cooking, laundering, bathing, and refrigerating
- Water for industrial purposes
Non-Preferred Water Uses
- Any uses of water other than those listed as preferred uses are considered non-preferred.
- When the water supply is insufficient, preferred uses do not take precedence over a non-preferred use.
- The only way to obtain a preferred right for a non-preferred use is by purchase or condemnation through court action.
Water Rights & Condemnation
- Industrial concerns cannot use condemnation to obtain water rights.
- Domestic and stock water wells yielding 25 gpm or less have priority over all other uses, regardless of the date of priority.
- Irrigation water rights (non-preferred use) with early priority can be used even if it denies water to a municipality (preferred use) with a later right.
- Municipalities can condemn an earlier irrigation right and change it to municipal use with just compensation.
Keeping Water Rights Valid
- Permission is necessary to change the point of diversion, location of a well, or irrigation ditch.
- Permission is obtained by petitioning the state board of control (adjudicated water) or the state engineer (non-adjudicated water).
- Changes usually do not affect the priority date of the water right but keep it legal and up to date.
- Public hearings may be held to ensure no harm occurs to other water rights holders due to the change.
Change in Use
- To change the use or place of use of a water right, a petition must be filed with the board of control.
- The petition must outline the existing use and the proposed change.
- A public hearing may be required at the petitioner's expense, with a transcript provided to the board.
- The change may be allowed, but the transferred water quantity cannot exceed the historically diverted amount under the existing use.
- The historic rate of diversion and amount consumed cannot exceed the existing use.
- The historic amount of return flow cannot decrease, and the change cannot harm other lawful appropriators.
- The board considers factors like economic loss to the community and state, offsetting benefits of the new use, and availability of other water sources.
- Compensation disputes are settled by the proper district court.
Subdivisions with Attached Water Rights
- When subdividing land with attached water rights, the developer must:
- Voluntarily abandon the water rights, removing them permanently.
- Transfer the water rights to other owned lands without water rights from the same source.
- Develop a subdivision irrigation plan specifying water rights, amounts, ditches, and information for protecting individual lot owners.
- The state engineer's office or state board of control reviews these actions before subdivision approval by the county.
Water Right Abandonment
- A water right not used for 5 successive years when water is available is considered abandoned, but legal abandonment requires a statutory procedure.
- An affected water user with equal or junior priority or the state engineer can initiate abandonment proceedings.
- Upon abandonment, the user forfeits water rights, easements, ditch rights, and the water becomes subject to appropriation.
- Availability of water is crucial for abandonment.
- A pre-March 1, 1945, water right holder can initiate abandonment action against another pre-March 1, 1945, water right holder to protect surplus water rights.
Wyoming Water Law
- Beneficial use is the basis, measure, and limit of water use.
- Water users can rotate the use of their combined water rights with permission from the water division superintendent or water commissioner.
- Ditch maintenance is the appropriator's responsibility to prevent flooding or damage to others.
- Waste water management is the appropriator's responsibility.
- The state delivers the full amount of each appropriation at its head gate. Ditch losses between the head gate and the appropriator's land are the appropriator's responsibility.
- Temporary water uses (oil well drilling, highway construction) require application and approval from the state engineer.
- Property owners near existing ditches are responsible for protection from seepage damage. Ditch owners are liable for damages caused by newly built ditches to pre-existing property.
Summary
- A valid water right in Wyoming is acquired through state-established procedures for surface and ground water.
- Water users should confirm the status of their water rights through county clerk records or the state engineer's office.
- These records specify the appropriation amount, priority, and use details.
- Contact the state engineer's office for any questions.
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Description
Explore the principles and administration of Wyoming water law, focusing on the doctrine of prior appropriation and the state's regulations regarding water rights. Learn about the role of the State Engineer and the structure of the State Board of Control in managing water resources.
