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<br />. <br /> <br />. <br /> <br />VATER TRANSFERS POLICY IN WYOMING <br /> <br />Wyoming adheres to a reasonably conservative policy regarding transfers <br /> <br />of water rights. This conservative policy is reflected in Wyoming's early <br /> <br />statutes which forbade all transfers and its more recent laws which restrict <br /> <br />transfers beyond the common law "no harm" rule. These statutes further afford <br /> <br />the State Engineer broad discretion to deny transfers even where the statutory <br /> <br />standards are met. Despite Wyoming's restrictive transfer policies, competition <br /> <br />for water supplies has been less keen in Wyoming than in other Western states, <br /> <br />and the state's transfer policy does not appear to have hindered the availability <br /> <br />or increased the cost of water in any substantial way. <br /> <br />Wyoming water transfers fit inco five categories: (1) change in use or <br /> <br />place of use; (2) exchanges; (3) changes in the point of diversion; (4) changes <br />in location of wells; and (5) Cemporary changes. Because staCe law treats <br /> <br />transfers within irrigation and conservancy districts like any other transfers <br /> <br />such transfers should fit within one of the five categories described above. <br /> <br />Nonetheless, some transfers do take place within these special purpose districts <br /> <br />which are not technically authorized by law and which are not approved by either <br /> <br />the State Engineer or the Board .of Control. Accordingly, these transfers are <br /> <br />described here separacely. <br /> <br />A. Change in Use and Place of Use <br /> <br />Changes in use and place of use are the most common type of water transfer <br /> <br /> <br />in Wyoming. They are initiated by filing a petition with the Board of Control. <br /> <br /> <br />The petition must set forth information about the existing use and the proposed <br /> <br /> <br />change in use, and the Board may require that the petitioner hold one or more <br /> <br />public hearings at the petitioner's expense. The Board may grant a petition if <br /> <br />the following requirements are met: <br /> <br />1 <br />