WSP09620

• File Number: 8042.H
• Description: Section D General Studies - Other States - Wyoming
• State: WY
• Basin: Statewide
• Date: 1/1/3000
• Author: Unknown
• Title: Wyoming - Water Rights - Compacts - and Court Decrees
• Water Supply Pro - Doc Type: Report/Study

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AI] direct fIow diversion from the main stem of the Niobrara

east of Point A and from the main stem of Van Tassel Creek

south of Point B (Node Basin 150002) are limited to their

diversion rates under Wyoming law when water in the main

channel of the Niobrara west of Range 55 West is in excess of

legal diversion requirements of Nebraska ditches having

priority before August 1, I957. (Node Basin IS0002)

COURT CASES

The State of Wyoming is affected by United States Supreme Court water

apportionment rulings in two cases: Wyoming ~ Colorado 309 U.S. 572 (1940);

and Nebraska ~ Wyoming 325 U.S. 589 (1945), modified 345 U.S. 98I (I953).

None of the adjudications consider instream flows nor establ ish minimum

streamflows.

In Wyoming ~ Colorado, action was brought by the State of Wyoming to

restrain water diversion in Colorado from the Laramie River. After a series

of earlier cases, the Supreme Court issued a decree in I936 (298 U.S. 573)

which granted Colorado: (I) 18,000 acre-feet of water per annum relative to

Skyline Ditch appropriations; (2) 4,250 acre-feet of water per annum relative

to certain meadowland appropriations; (3) 15,500 acre-feet of water per annum

relative to the Laramie-Poudre Tunnel appropriation; and (4) an unspeci fied

relatively small amount of water appropriated prior to I902 from the headwaters

of Deadman Creek through the Wilson supply Ditch. These amounts combined for

a total allocation of 39,750 acre-feet for Colorado, The Court upheld this

decree when it ruled again on the matter in 1940. Water subject to th~ decree

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