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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APPROPRIATION OVERVIEW'

Under Wyoming law, the prior appropriation doctrine and procedural

requirements are utilized to allocate water. Any person, association, or

corporation may appropriate water so long as it is appl ied to a beneficial

use. Intending appropriators must apply to the Wyoming State Engineer for a

permit before using water; beginning construction, enlargement, or extension

of any water conduit; or performing any work in connection with a proposed

appropriation of public water. Such applications may either be approved or

rejected by the State Engineer. If approved, the permit issued will set forth

periods of time for beginning and completing construction work, for application

of the water to beneficial use, and for submitting final proof of

appropriation. The Wyoming Board of Control adjudicates water rights upon

completion of work according to permit stipulations and presentation of proof

of beneficial use. Subject to public review and objection, final proof of

appropriation is submitted to the superintendent of the water division in

which the water right is situated. Thi s material is then transmitted to the

Board of Control for issuance of a certificate of appropriation, if the

appropriation has been perfected in accordance with permit terms and no

conflicts exist. Priority of an appropriation initiated 2nd perfected under

Wyoming law dates from the filing of the application in the Stat~ Engineer's

office.

At the present time, Wyoming statutes do not provide for appropriation of

instream flows.

However, efforts have been undertaken to enact such

pr'ovisions.