Law

Title 41 Water

Wyoming · 41 · statute

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Contents: 814 provisions
  1. 41-1-101. Permit for construction of Glendo Reservoir and
  2. 41-1-102. Repealed By Laws 2005, ch. 8, § 1.
  3. 41-1-103. Repealed By Laws 2005, ch. 8, § 1.
  4. 41-1-104. Repealed By Laws 2005, ch. 8, § 1.
  5. 41-1-105. Use of underground water in adjoining state; adjudication by board of control.
  6. 41-1-106. Water and related land resources planning; commission's responsibility.
  7. 41-1-107. Water and related land resources planning; authority of commission.
  8. 41-1-108. Water and related land resources planning; dispositions of monies and commission offices.
  9. 41-1-109. Interference with natural flow of thermal springs; authority to correct.
  10. 41-1-110. Interference with natural flow of thermal springs; nonthermal water or mineral development.
  11. 41-1-111. Interference with natural flow of thermal springs; injunctive relief.
  12. 41-1-112. Conducting business electronically.
  13. 41-2-101. Repealed By Laws 1999, ch. 149, § 1.
  14. 41-2-102. Repealed By Laws 1999, ch. 149, § 1.
  15. 41-2-103. Repealed By Laws 1999, ch. 149, § 1.
  16. 41-2-104. Repealed By Laws 1999, ch. 149, § 1.
  17. 41-2-105. Repealed By Laws 1999, ch. 149, § 1.
  18. 41-2-106. Repealed By Laws 1999, ch. 149, § 1.
  19. 41-2-107. Water resources plans; review; submission to commission.
  20. 41-2-108. Water resources plans; powers of commission.
  21. 41-2-109. Water resources plans; contents.
  22. 41-2-110. Water resources plans; duties of commission.
  23. 41-2-111. Suits for enforcement of water rights; appeals
  24. 41-2-112. Wyoming water development program.
  25. 41-2-113. Definitions.
  26. 41-2-114. Development of water projects; rehabilitation of water projects.
  27. 41-2-115. Report; authorization; assignment.
  28. 41-2-116. Water rights.
  29. 41-2-117. Wyoming water development commission; membership; removal; terms.
  30. 41-2-118. Powers, duties, salaries and expenses of commission.
  31. 41-2-119. Groundwater studies.
  32. 41-2-120. Approval of loans, construction or water contracts and agreements.
  33. 41-2-121. Criteria for water development projects; disclosure of personal interests by commission.
  34. 41-2-122. Protection and rights of landowner.
  35. 41-2-123. Project studies generally; hearings;
  36. 41-2-124. Accounts created; unexpended balance.
  37. 41-2-125. Office of water programs created; duties; annual report.
  38. 41-2-201. Renumbered as 99-99-201 by Laws 2009, Ch. 168, § 401.
  39. 41-2-202. Renumbered as 99-99-202 by Laws 2009, Ch. 168, § 401.
  40. 41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, § 401.
  41. 41-2-204. Renumbered as 99-99-204 by Laws 2009, Ch. 168, § 401.
  42. 41-2-205. Renumbered as 99-99-205 by Laws 2009, Ch. 168, § 401.
  43. 41-2-206. Renumbered as 99-99-206 by Laws 2009, Ch. 168, § 401.
  44. 41-2-207. Repealed by Laws 1986, ch. 113, § 14; Renumbered as 99-99-207 by Laws 2009, Ch. 168, § 401.
  45. 41-2-208. Renumbered as 99-99-208 by Laws 2009, Ch. 168, § 401.
  46. 41-2-209. Renumbered as 99-99-209 by Laws 2009, Ch. 168, § 401.
  47. 41-2-210. Renumbered as 99-99-210 by Laws 2009, Ch. 168, § 401.
  48. 41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, § 401.
  49. 41-2-212. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-212 by Laws 2009, Ch. 168, § 401.
  50. 41-2-213. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-213 by Laws 2009, Ch. 168, § 401.
  51. 41-2-214. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-214 by Laws 2009, Ch. 168, § 401.
  52. 41-2-215. Repealed by Laws 1982, ch. 60, § 16; Renumbered as 99-99-215 by Laws 2009, Ch. 168, § 401.
  53. 41-2-216. Renumbered as 99-99-216 by Laws 2009, Ch. 168, § 401.
  54. 41-2-217. Renumbered as 99-99-217 by Laws 2009, Ch. 168, § 401.
  55. 41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, § 401.
  56. 41-2-219. Renumbered as 99-99-219 by Laws 2009, Ch. 168, § 401.
  57. 41-2-220. Renumbered as 99-99-220 by Laws 2009, Ch. 168, § 401.
  58. 41-2-221. Renumbered as 99-99-221 by Laws 2009, Ch. 168, § 401.
  59. 41-2-222. Renumbered as 99-99-222 by Laws 2009, Ch. 168, § 401.
  60. 41-2-301. Renumbered as 99-99-301 by Laws 2009, Ch. 168, § 401.
  61. 41-2-401. Renumbered as 99-99-401 by Laws 2009, Ch. 168, § 401.
  62. 41-2-501. Renumbered as 99-99-501 by Laws 2009, Ch. 168, § 401.
  63. 41-2-502. Renumbered as 99-99-502 by Laws 2009, Ch. 168, § 401.
  64. 41-2-503. Renumbered as 99-99-503 by Laws 2009, Ch. 168, § 401.
  65. 41-2-504. Renumbered as 99-99-504 by Laws 2009, Ch. 168, § 401.
  66. 41-2-505. Renumbered as 99-99-505 by Laws 2009, Ch. 168, § 401.
  67. 41-2-506. Renumbered as 99-99-506 by Laws 2009, Ch. 168, § 401.
  68. 41-2-601. Renumbered as 99-99-601 by Laws 2009, Ch. 168, § 401.
  69. 41-2-701. Renumbered as 99-99-701 by Laws 2009, Ch. 168, § 401.
  70. 41-2-901. Repealed by Laws 1988, ch. 79, § 11.
  71. 41-2-1001. Renumbered as 99-99-1001 by Laws 2009, Ch. 168, § 401.
  72. 41-2-1101. Renumbered as 99-99-1101 by Laws 2009, Ch. 168, § 401.
  73. 41-2-1201. Renumbered as 99-99-1201 by Laws 2009, Ch. 168, § 401.
  74. 41-2-1301. Transfer of water authorized; conditions.
  75. 41-3-101. Nature of water rights and beneficial use.
  76. 41-3-102. Preferred uses; defined; order of preference.
  77. 41-3-103. Preferred uses; procedure for change of use.
  78. 41-3-104. Procedure to change use or place of use.
  79. 41-3-105. Repealed by Laws 1983, ch. 167, § 2.
  80. 41-3-106. Procedure to exchange water; delivery of water
  81. 41-3-107. Submerged lands; petition for change of water rights; conditions; hearing; fees.
  82. 41-3-108. Lands taken out of agricultural production or lands taken by eminent domain; retention of priority.
  83. 41-3-109. Construction of W.S. 41-3-107.
  84. 41-3-110. Right to acquire temporary water rights; application; restrictions; fee.
  85. 41-3-111. Right to acquire temporary water rights for
  86. 41-3-112. Right to acquire temporary water rights for
  87. 41-3-113. Supplemental supply water rights.
  88. 41-3-114. Petition to change point of diversion or means of conveyance.
  89. 41-3-115. Applications for use of water outside the state.
  90. 41-3-116. Permit for watering livestock on federal land.
  91. 41-3-117. Definitions; short title.
  92. 41-3-118. Conservation project applications and approval; sunset.
  93. 41-3-119. Storage of conserved water.
  94. 41-3-201. Definition.
  95. 41-3-202. Right to acquire.
  96. 41-3-203. Transportation in interstate channels.
  97. 41-3-204. Duty to supervise delivery; expense.
  98. 41-3-205. Rights of owner; priority of claims; subject to appropriation and diversion.
  99. 41-3-206. Rights of owner; recording of claim.
  100. 41-3-207. Rights of owner; right to divert and use.
  101. 41-3-208. Diverting from owner prohibited.
  102. 41-3-209. Change of point of diversion; power to petition generally.
  103. 41-3-210. Change of point of diversion; contents of petition.
  104. 41-3-211. Change of point of diversion; endorsement and recording of petition.
  105. 41-3-212. Change of point of diversion; hearing.
  106. 41-3-213. Change of point of diversion; rights of applicant upon approval; certificate of appropriation.
  107. 41-3-214. Change of point of diversion; fees and costs.
  108. 41-3-215. Change of point of diversion; appeal from adverse decision.
  109. 41-3-301. Application for reservoir construction permit; contents; procedure.
  110. 41-3-302. Application for construction permit; conditions; secondary permit; certificate of appropriation.
  111. 41-3-303. Use of stored water.
  112. 41-3-304. Use of bed of stream.
  113. 41-3-305. Direct flow storage.
  114. 41-3-306. Instream stock use.
  115. 41-3-307. Alterations or repairs of dams or diversion systems; definitions.
  116. 41-3-308. Alterations or repairs of dams or diversion
  117. 41-3-309. Alterations or repairs of dams or diversion
  118. 41-3-310. Alterations or repairs of dams or diversion
  119. 41-3-311. Alterations or repairs of dams or diversion systems; periodic inspections.
  120. 41-3-312. Alterations or repairs of dams or diversion
  121. 41-3-313. Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching.
  122. 41-3-314. Alterations or repairs of dams or diversion systems; emergency repairs or breaching.
  123. 41-3-315. Alterations or repairs of dams or diversion systems; enforcement of provisions.
  124. 41-3-316. Alterations or repairs of dams or diversion
  125. 41-3-317. Alterations or repairs of dams or diversion systems; liability of owners.
  126. 41-3-318. Penalties, cancellation of permit, for failure to comply with W.S. 41-3-308 through 41-3-314.
  127. 41-3-319. Owners of ditches and reservoirs; general rights.
  128. 41-3-320. Owners of ditches and reservoirs; sale or lease of impounded water.
  129. 41-3-321. Owners of ditches and reservoirs; priority of right to store or impound.
  130. 41-3-322. Owner's report of persons entitled to use water; superintendent's report of use of water.
  131. 41-3-323. Deeds for water rights; attaching of rights to land; sale, lease, transfer or use.
  132. 41-3-324. Deeds and leases for water rights; execution and recording.
  133. 41-3-325. Excess stored water to be furnished applicants; preferences; rates.
  134. 41-3-326. Applicability of ownership provisions.
  135. 41-3-327. Carey Act lands.
  136. 41-3-328. Witnesses' fees and mileage.
  137. 41-3-329. Change in point of diversion.
  138. 41-3-401. Failure to use water; extension of time; initiation by benefitted or injured user; hearing; appeal.
  139. 41-3-402. Initiation by state engineer; hearing; appeal.
  140. 41-3-501. Water divisions defined.
  141. 41-3-502. Superintendents; appointment; removal; number; qualifications; examination.
  142. 41-3-503. Superintendents; duties generally.
  143. 41-3-504. Superintendents; powers generally.
  144. 41-3-505. Superintendents; compensation and traveling expenses; full time devoted to duties.
  145. 41-3-506. Superintendents; appeal from order or regulations.
  146. 41-3-601. Division of state into districts.
  147. 41-3-602. Commissioners; appointment; term; removal; filling of vacancies; hydrographers.
  148. 41-3-603. Commissioners; general powers and duties; appeals from decisions.
  149. 41-3-604. Commissioners; additional powers and duties; defense by county attorney.
  150. 41-3-605. Commissioners; power to arrest; procedure following arrests.
  151. 41-3-606. Commissioners; performance of duties; requests for regulation.
  152. 41-3-607. Commissioners; salaries and expenses.
  153. 41-3-608. Commissioners; reports.
  154. 41-3-609. Commissioners; disqualification for personal interest or prejudice.
  155. 41-3-610. Commissioners; authority and duties of substitute.
  156. 41-3-611. Commissioners; assistants.
  157. 41-3-612. Rotation among water users; approval of commissioner.
  158. 41-3-613. Headgates, flumes or measuring devices; owners to construct and maintain; failure to comply.
  159. 41-3-614. Well, headgate or waterbox; prohibited acts; penalty for violation.
  160. 41-3-615. Approval of diversion dam plans.
  161. 41-3-616. Penalties for violation of water laws.
  162. 41-3-701. Purpose.
  163. 41-3-702. Short title; definitions.
  164. 41-3-703. Effect of improper notice of judicial proceeding.
  165. 41-3-704. Hearings on validity of districts.
  166. 41-3-705. Liberal construction.
  167. 41-3-720. Power of district court.
  168. 41-3-721. Petition for creation; conditions affecting inclusion of city or city and county.
  169. 41-3-722. Bond for expenses of proceedings.
  170. 41-3-723. Hearing procedure generally.
  171. 41-3-724. Protesting creation.
  172. 41-3-725. Filing of decree and copies of findings.
  173. 41-3-726. Procedure for organizing subdistricts.
  174. 41-3-740. Appointment and qualifications; number; term; election of successors; vacancies; bond.
  175. 41-3-741. Oath; election of officers; seal; records; compensation and expenses.
  176. 41-3-742. Powers generally.
  177. 41-3-743. Duties of secretary and chief engineer; other employees.
  178. 41-3-744. Quorum.
  179. 41-3-745. Acquisition of rights-of-way.
  180. 41-3-746. Contracts for use of water; power of board to sell or lease water; securing of payments generally.
  181. 41-3-747. Contracts for use of water; means of owners meeting annual installment payments.
  182. 41-3-748. Surplus funds.
  183. 41-3-749. Use and distribution of water generally.
  184. 41-3-750. Allotment of water to landowner under disability.
  185. 41-3-751. District boundary changes.
  186. 41-3-752. Petition for exclusion of lands.
  187. 41-3-753. Bonds; authority of board to issue; purpose; terms; execution; tax exemptions.
  188. 41-3-754. Bonds; election prior to issuance generally.
  189. 41-3-755. Bonds; election prior to issuance; publication of resolution.
  190. 41-3-756. Bonds; election prior to issuance; conduct of election; canvassing of returns; declaration of results.
  191. 41-3-757. Bonds; election prior to issuance; approval.
  192. 41-3-758. Judicial examination and determination of board's powers.
  193. 41-3-770. Methods of levying and collecting; classifications generally.
  194. 41-3-771. Methods of levying and collecting; class A.
  195. 41-3-772. Methods of levying and collecting; class B.
  196. 41-3-773. Methods of levying and collecting; class C.
  197. 41-3-774. Method of levying and collecting; class D.
  198. 41-3-775. Considerations affecting annual levies and assessments; deficiencies; additional assessments.
  199. 41-3-776. Objections to assessments.
  200. 41-3-777. Duties of city and county taxing officials.
  201. 41-3-778. Exemptions.
  202. 41-3-779. Nonpayment.
  203. 41-3-801. Petition for establishment; notice of election; qualifications of voters; conduct of election.
  204. 41-3-802. Election of board of directors; number; term;
  205. 41-3-803. Special tax authorized; power of board to enter
  206. 41-3-901. Definitions.
  207. 41-3-902. Spring waters; perfection of right to use; limitation.
  208. 41-3-903. By-product water; definition.
  209. 41-3-904. By-product water; appropriation; conditions and limitation.
  210. 41-3-905. Application; generally; registration of vested
  211. 41-3-906. Application; rights subject to preferences; rights of municipal corporations.
  212. 41-3-907. Application; preferred right of appropriations for stock or domestic use.
  213. 41-3-908. Division advisory committee; appointment; removal; duties; expense allowances.
  214. 41-3-909. State engineer; powers generally.
  215. 41-3-910. State engineer; power to determine area and boundaries of districts.
  216. 41-3-911. Authority to order interfering appropriator to
  217. 41-3-912. Control areas; board member districts;
  218. 41-3-913. Control areas; election of control area advisory board; mileage and expense allowances.
  219. 41-3-914. Adjudication of waters within control area.
  220. 41-3-915. Control areas; hearing to determine adequacy of
  221. 41-3-916. Priority of rights when 1 source of supply.
  222. 41-3-917. Change of location of well without loss of
  223. 41-3-918. Appeals.
  224. 41-3-919. Prohibited acts; penalty for violation.
  225. 41-3-930. Application; who required to file; filing;
  226. 41-3-931. Application; when granted generally; denial
  227. 41-3-932. Public notice of application or petition;
  228. 41-3-933. Express conditions limiting rights of appropriator; additional conditions.
  229. 41-3-934. Time limits to complete construction; extensions; cancellation generally.
  230. 41-3-935. Adjudication procedure.
  231. 41-3-936. Priority of appropriation.
  232. 41-3-937. Cancellation or suspension of permits or certificates.
  233. 41-3-938. Penalty.
  234. 41-3-939. Groundwater study to assess corrective controls within groundwater control areas.
  235. 41-3-1001. Waters stored for instream flows a beneficial
  236. 41-3-1002. Instream flows to be by stream segment; waters
  237. 41-3-1003. Game and fish commission; construction of
  238. 41-3-1004. Water development commission to determine
  239. 41-3-1005. Approval of storage project.
  240. 41-3-1006. Appropriation of unappropriated waters for direct instream flows.
  241. 41-3-1007. Acquisition of existing rights for instream flow purposes.
  242. 41-3-1008. Regulation of streams.
  243. 41-3-1009. Statement regarding condemnation and impairment of existing water rights.
  244. 41-3-1010. Litigation costs.
  245. 41-3-1011. Abandonment.
  246. 41-3-1012. Ingress and egress.
  247. 41-3-1013. Condemnation for municipal water purposes.
  248. 41-3-1014. Interstate compact and United States supreme court decree.
  249. 41-4-101. Legal standard of measurement.
  250. 41-4-102. Copies of records as evidence.
  251. 41-4-103. Cooperation and agreements with Utah; appropriations to Montana.
  252. 41-4-104. Adjudication of rights to water for use in adjoining state.
  253. 41-4-105. Adjudication of rights to water for use in adjoining state; permits issued before February 25, 1939.
  254. 41-4-201. Created; members; location of office; meetings generally; state engineer ex officio president; quorum.
  255. 41-4-202. Ex officio secretary of the board; duties generally.
  256. 41-4-203. Collection of fees generally.
  257. 41-4-204. Collection of fees; disposition generally.
  258. 41-4-205. State board of control; additional fees.
  259. 41-4-206. Duty at first meeting.
  260. 41-4-207. Copies of judgments involving water rights to be sent to board.
  261. 41-4-208. Tabulations and supplements of adjudicated water rights; publication generally; contents; appropriations.
  262. 41-4-209. Tabulations and supplements of adjudicated water rights; adequate copies to be printed; president to direct.
  263. 41-4-210. Tabulations of adjudicated water rights; distribution and sale of copies; disposition of proceeds.
  264. 41-4-211. Authority to administer oaths; rulemaking authorized.
  265. 41-4-301. Streams to be first adjudicated.
  266. 41-4-302. Notice; by publication; contents; taking of testimony; adjournment of hearings generally.
  267. 41-4-303. Notice; by mail to claimants.
  268. 41-4-304. Notice; all claimants to be notified.
  269. 41-4-305. Notice; enclosure of form for statement by claimant; contents.
  270. 41-4-306. Notice; statements to be under oath; administering.
  271. 41-4-307. Notice; payment of printing costs.
  272. 41-4-308. Taking of testimony generally; taking of proof.
  273. 41-4-309. Notice on completion of testimony; inspection of evidence.
  274. 41-4-310. Duty of claimants to appear; failure to comply;
  275. 41-4-311. Others contesting rights of original claimants; when permitted; procedures generally.
  276. 41-4-312. Others contesting rights of original claimants;
  277. 41-4-313. Others contesting rights of original claimants;
  278. 41-4-314. Others contesting rights of original claimants;
  279. 41-4-315. Others contesting rights of original claimants;
  280. 41-4-316. Examination and measurement of capacity of streams and works diverting water; maps or plats.
  281. 41-4-317. Determination of priorities to streams;
  282. 41-4-318. Surplus water; defined.
  283. 41-4-319. Surplus water; regulation and control.
  284. 41-4-320. Surplus water; rights of use generally.
  285. 41-4-321. Surplus water; who may divert.
  286. 41-4-322. Surplus water; limitations on use.
  287. 41-4-323. Surplus water; senior priority.
  288. 41-4-324. Surplus water; construction of W.S. 41-4-317 through 41-4-324.
  289. 41-4-325. Contents of certificate of priority; recording;
  290. 41-4-326. Conclusiveness of final decrees of board.
  291. 41-4-327. Rehearing after final order of board.
  292. 41-4-328. Authority to modify order and correct testimony.
  293. 41-4-329. Excess water; defined.
  294. 41-4-330. Excess water; rights of use generally.
  295. 41-4-331. Excess water; senior priority.
  296. 41-4-401. Rights of appeal to district court.
  297. 41-4-402. Repealed by Laws 1985, ch. 191, § 2.
  298. 41-4-403. Repealed by Laws 1985, ch. 191, § 2.
  299. 41-4-404. Repealed by Laws 1985, ch. 191, § 2.
  300. 41-4-405. Repealed by Laws 1985, ch. 191, § 2.
  301. 41-4-406. Pleadings and practice.
  302. 41-4-407. Procedure after judgment.
  303. 41-4-408. Costs; division of water pending appeal.
  304. 41-4-501. Permit required prior to construction of
  305. 41-4-502. Application for permit to acquire right to
  306. 41-4-503. Recordation; approval or rejection generally.
  307. 41-4-504. Endorsement by state engineer; return to applicant; effect of approval or rejection.
  308. 41-4-505. Additional information before approval or rejection.
  309. 41-4-506. Time limits for completing construction work;
  310. 41-4-507. Maps and plats; when required with application;
  311. 41-4-508. Maps and plats; examination; approval; filing; return of copy.
  312. 41-4-509. Maps and plats; additional information; longitudinal profiles of ditches.
  313. 41-4-510. Maps and plats; additional information; cross
  314. 41-4-511. Final proof of appropriation; procedures generally.
  315. 41-4-512. Final proof of appropriation; date of priority.
  316. 41-4-513. Adjudication of underground water rights.
  317. 41-4-514. Petition for amendment of permits; petition for
  318. 41-4-515. Endorsement of correction on records.
  319. 41-4-516. Rules and regulations authorized for W.S.
  320. 41-4-517. Appeal from action of state engineer or order of board of control.
  321. 41-5-101. Ditches; generally.
  322. 41-5-102. Ditches; jointly owned; action to recover proportionate share of work.
  323. 41-5-103. Ditches; jointly owned; lien for work.
  324. 41-5-104. Ditches; bridge to be built when ditch crosses public roads; costs of construction; failure to comply.
  325. 41-5-105. When capital stock of irrigation companies assessable for maintenance.
  326. 41-5-106. Keeping fish out of irrigation systems.
  327. 41-5-107. Removal or destruction of bridges or flumes.
  328. 41-5-108. Driving or floating logs, timber or lumber on streams.
  329. 41-5-109. Construction of acts.
  330. 41-5-110. Prohibited acts; penalty for violation.
  331. 41-5-111. Irrigation facility modification and maintenance.
  332. 41-5-201. Contractor's bond.
  333. 41-5-202. Statement of mechanic's lien; delivery to owner
  334. 41-5-203. Statement of mechanic's lien; delivery of copy
  335. 41-6-101. Authority to cooperate.
  336. 41-6-102. Election upon request of landowners; procedure generally.
  337. 41-6-103. Certificate of election proceedings to be filed;
  338. 41-6-104. Appeals.
  339. 41-6-105. Withdrawal from joint operations.
  340. 41-6-120. Number of members; qualifications; succession; quorum; voting procedures.
  341. 41-6-121. President.
  342. 41-6-122. Secretary.
  343. 41-6-123. Treasurer.
  344. 41-6-124. Adoption of name.
  345. 41-6-125. Powers generally.
  346. 41-6-126. Duties.
  347. 41-6-127. Purchase of machinery, tools or equipment.
  348. 41-6-201. Repealed by Laws 2023, ch. 24, § 1.
  349. 41-6-202. Repealed by Laws 2023, ch. 24, § 1.
  350. 41-6-203. Repealed by Laws 2023, ch. 24, § 1.
  351. 41-6-204. Repealed by Laws 2023, ch. 24, § 1.
  352. 41-6-205. Repealed by Laws 2023, ch. 24, § 1.
  353. 41-6-206. Repealed by Laws 2023, ch. 24, § 1.
  354. 41-6-207. Repealed by Laws 2023, ch. 24, § 1.
  355. 41-6-208. Repealed by Laws 2023, ch. 24, § 1.
  356. 41-6-209. Repealed by Laws 2023, ch. 24, § 1.
  357. 41-6-301. Disagreements may be referred to water commissioner; action by commissioner; fees.
  358. 41-6-302. Actions for injunctions; notice; hearings; issuance of injunctions or restraining orders; bond.
  359. 41-6-303. Relative interests of joint owners.
  360. 41-6-304. Affidavits of interest; parties joining in; filing; contents.
  361. 41-6-305. Affidavits of interest; as evidence; statute of limitations for civil actions upon.
  362. 41-6-306. Affidavits of interest; transfer of interests after filing.
  363. 41-6-307. Affidavits of interest; perjured statements.
  364. 41-6-308. Action in equity to determine rights of claimants; construction of act.
  365. 41-6-401. Organization.
  366. 41-6-402. Assessments.
  367. 41-6-501. "Land" defined.
  368. 41-6-502. "Person" defined.
  369. 41-6-503. Foreclosure of tax deeds; tax certificates as
  370. 41-6-504. Foreclosure of tax deeds; joinder of defendants; pleading; decree; rights of assignee of tax deed.
  371. 41-6-505. Foreclosure of tax deeds; sale procedures generally; redemption.
  372. 41-6-506. Foreclosure of tax deeds; disposition of sale proceeds.
  373. 41-6-507. Remedy cumulative.
  374. 41-7-101. Waiver of defect of service.
  375. 41-7-102. Construction; generally.
  376. 41-7-103. Construction; formerly organized districts; pending liens, actions.
  377. 41-7-104. Construction; existing water rights.
  378. 41-7-201. Filing of landowners' petition; contents; amendments; multiple petitions.
  379. 41-7-202. Petitioner's affidavit.
  380. 41-7-203. Land that may be included in proposed district.
  381. 41-7-204. Hearings; service of notice generally; contents.
  382. 41-7-205. Hearings; notification of nonresidents; personal service in lieu of posting for all persons.
  383. 41-7-206. Hearings; adjournment to serve persons not served.
  384. 41-7-207. Hearings; contests; grounds; notice of objections to be in writing; filing of objections.
  385. 41-7-208. Hearings; dismissal of petition improperly signed; inclusion or exclusion of land from district.
  386. 41-7-209. Fraudulent deeds for establishment or defeat of petition.
  387. 41-7-210. Court's order.
  388. 41-7-301. To be public officers; presumption in favor of validity of official acts.
  389. 41-7-302. Oath and bond; quorum; term; removal; vacancies.
  390. 41-7-303. Organization as board; officers; powers and
  391. 41-7-304. Financial records and reports; compensation and expenses; suit on bonds.
  392. 41-7-305. Maps and plans of proposed work; reports to court generally.
  393. 41-7-306. Power to alter location of irrigation works; power of court to alter plans proposed by commissioners.
  394. 41-7-307. Exclusion or inclusion of lands in district; review of report by court generally.
  395. 41-7-308. Hearings on commissioners' report; filing of objections; notice generally.
  396. 41-7-309. Hearings on commissioners' report; notice when land situated in more than 1 county.
  397. 41-7-310. Hearings on commissioners' report; procedure when report requires modification.
  398. 41-7-311. Hearings on commissioners' report; confirmation of report.
  399. 41-7-312. Hearings on commissioners' report; revision of confirmation.
  400. 41-7-313. Hearings on commissioners' report; payment of costs when objections dismissed.
  401. 41-7-314. Power to enter land to repair irrigation works; construction of ditches across railway rights-of-way.
  402. 41-7-315. Sale of water rights.
  403. 41-7-316. Election; when held; term of office; exception.
  404. 41-7-317. Election; where held; notice to voters; qualifications of voters; recording vote; proxies.
  405. 41-7-318. Election; validity; qualifications of
  406. 41-7-401. Payment in installments; construction contracts
  407. 41-7-402. Due dates; annual budget of district; hearings
  408. 41-7-403. Preparation of assessment roll; contents; how
  409. 41-7-404. Collection; disposition; enforcement.
  410. 41-7-405. Additional assessments generally.
  411. 41-7-406. Omissions; effect on other lands; duty of commissioner.
  412. 41-7-407. Omissions; procedures generally.
  413. 41-7-408. Borrowing money; bonds as security; indebtedness as lien on assessments.
  414. 41-7-409. Bonds; refunding procedures.
  415. 41-7-410. Bonds; effect of change in assessments.
  416. 41-7-411. Damages to landowners to be paid before entry
  417. 41-7-412. Advertisement for bids.
  418. 41-7-413. Application of provisions; districts organized under federal reclamation projects.
  419. 41-7-414. When assessments to be judgments against land; manner of collection.
  420. 41-7-415. Order approving contract deemed conclusive; appeals.
  421. 41-7-501. Warrants for expense of survey authorized.
  422. 41-7-502. Petition for authority to issue warrants; notice of hearing; objections.
  423. 41-7-503. Petition for authority to issue warrants; hearing generally; decree generally; appeal.
  424. 41-7-504. Effect of decree; reference to be made on warrants.
  425. 41-7-505. Assessment roll when assessments not yet approved or confirmed; equalization of assessments; levy.
  426. 41-7-601. Inclusion of provisions for maintenance and reclamation of injured lands; costs.
  427. 41-7-602. Petition for contract and assessments; hearings generally.
  428. 41-7-603. Order approving contract deemed conclusive; appeal.
  429. 41-7-701. Irrigation districts may undertake power projects.
  430. 41-7-702. Resolution of commissioners.
  431. 41-7-703. Report made to district court.
  432. 41-7-704. Hearing on objections to report.
  433. 41-7-705. Notices; how given and served.
  434. 41-7-706. Notices; contents.
  435. 41-7-707. Order of court authorizing project; procedure commissioners to follow.
  436. 41-7-708. Approved project may proceed as incident to existing system; disposition of excess energy.
  437. 41-7-709. Determination and apportionment of cost of power portion of project.
  438. 41-7-710. Costs of irrigation works and power project separately apportioned.
  439. 41-7-711. Assessments for power project to be determined; reported to court.
  440. 41-7-712. Determination of rate of assessment.
  441. 41-7-713. Provisions governing levying, approving and collecting assessments.
  442. 41-7-714. Plan may be divided; procedure.
  443. 41-7-715. Additions to projects; amended or supplemental petitions.
  444. 41-7-716. Revenue from sale of power to be determined.
  445. 41-7-717. Power revenue to be deducted from assessments.
  446. 41-7-718. Liberal construction; restrictions; regulation by public service commission.
  447. 41-7-801. Declaration of policy.
  448. 41-7-802. Definitions.
  449. 41-7-803. Creation; as corporate entity; district within district.
  450. 41-7-804. Creation; procedures generally.
  451. 41-7-805. Board of directors; election; term; vacancies; bond; removal; conduct of election.
  452. 41-7-806. Board of directors; qualifications; officers;
  453. 41-7-807. Powers; generally.
  454. 41-7-808. Powers; eminent domain; application of provisions.
  455. 41-7-809. Powers; incurring indebtedness; security for loans; limitations; agreements.
  456. 41-7-810. Powers; obtaining federal grants or loans; acceptance of gifts.
  457. 41-7-811. Powers; purchase or conveyance of water rights.
  458. 41-7-812. Powers; taxation generally; liability of district for indebtedness.
  459. 41-7-813. Construction of irrigation works; cost estimates; advertisement for bids; contracts.
  460. 41-7-814. Expenditures.
  461. 41-7-815. Sale or mortgage of irrigation works.
  462. 41-7-816. Keeping funds; fixing prices, rates and charges.
  463. 41-7-817. Dissolution.
  464. 41-7-818. Construction; generally.
  465. 41-7-819. Construction; cities and towns.
  466. 41-7-830. Authority.
  467. 41-7-831. Resolution of board of directors.
  468. 41-7-832. Election; notice.
  469. 41-7-833. Election; procedure.
  470. 41-7-834. Filing of certificate of change.
  471. 41-7-835. Construction.
  472. 41-7-850. Irrigation district may assume status of public power district.
  473. 41-7-851. Resolution of commissioners.
  474. 41-7-852. Report made to district court; contents.
  475. 41-7-853. Hearing on proposal.
  476. 41-7-854. Notice of hearing; publication.
  477. 41-7-855. Notice of hearing; contents.
  478. 41-7-856. Order of court authorizing change.
  479. 41-7-857. Submission of proposal to vote of landowners and entrymen.
  480. 41-7-858. Effect of vote on court.
  481. 41-7-859. Court order vests powers.
  482. 41-7-860. Construction and application of Public Irrigation and Power District Law.
  483. 41-7-861. Irrigation and power funds to be kept in separate accounts.
  484. 41-7-862. Different laws to apply to additions to irrigation works and power works.
  485. 41-7-863. Report of proposed construction to court; apportionment of irrigation and power costs.
  486. 41-7-864. Rights and powers preserved.
  487. 41-7-865. Liberal construction; restrictions; regulation by public service commission.
  488. 41-7-901. "Revenue" defined.
  489. 41-7-902. Revenue bonds of irrigation and irrigation and power districts authorized.
  490. 41-7-903. Designation of revenue from which principal or interest payable.
  491. 41-7-904. Statement on bonds of limitations on payment of principal.
  492. 41-7-905. Statement on bonds and coupons of limitations affecting interest payments.
  493. 41-7-906. Statement on bonds and coupons of limitations
  494. 41-7-907. Designation of revenue releases district and officers from payment otherwise.
  495. 41-7-908. Allocation of designated revenue; resolution.
  496. 41-7-909. Allocation of designated revenue; for bonds payable from revenue or assessments.
  497. 41-7-910. Allocation of designated revenue; application.
  498. 41-7-911. Allocation of designated revenue; bonds benefited by allocation.
  499. 41-7-912. Allocation of designated revenue; irrevocability.
  500. 41-7-913. Allocation of revenue to reserve fund.
  501. 41-7-914. Bonds may be made redeemable before maturity.
  502. 41-7-915. Manner of redeeming.
  503. 41-7-916. Publication of notice of redemption.
  504. 41-7-917. Publication of notice of redemption; time for publication.
  505. 41-7-918. Interest ceases on redemption date.
  506. 41-7-919. When bonds may be sold.
  507. 41-7-920. Resolution as to sale.
  508. 41-7-921. Publication of notice of sale.
  509. 41-7-922. Contents of notice of sale.
  510. 41-7-923. Sale made to highest responsible bidder.
  511. 41-7-924. Certified check to accompany bid; forfeiture.
  512. 41-7-925. Board may reject bids.
  513. 41-7-926. Readvertisement or private sale.
  514. 41-7-927. Approval of private sale required.
  515. 41-7-928. Exchange of construction bonds for property or stock.
  516. 41-7-929. Refunding bonds sold or exchanged for bonds or warrants.
  517. 41-7-930. Immediate cancellation of refunded or exchanged bonds.
  518. 41-7-931. Cancellation of unissued bonds; resolution of board.
  519. 41-7-932. Fixing time for consideration of resolution of cancellation.
  520. 41-7-933. Publication of cancellation resolution and notice of time for consideration.
  521. 41-7-934. No bonds issued after cancellation resolution adopted.
  522. 41-7-935. Destruction of canceled bonds and coupons.
  523. 41-7-1001. Petition of landowners.
  524. 41-7-1002. Election; notice.
  525. 41-7-1003. Election; conduct; certification of result; report of district indebtedness.
  526. 41-7-1004. Order for hearing on results of election; generally.
  527. 41-7-1005. Order for hearing on results of election; publication.
  528. 41-7-1006. Hearings; final settlement.
  529. 41-8-101. Definitions.
  530. 41-8-102. Purposes.
  531. 41-8-103. Formation.
  532. 41-8-104. Area.
  533. 41-8-105. Petition for establishment; filing generally; contents; copy to be furnished conservation commission.
  534. 41-8-106. Petition for establishment; establishment in more than 1 soil and water conservation district.
  535. 41-8-107. Petition for establishment; hearing; notice.
  536. 41-8-108. Referendum prerequisite to establishment; generally.
  537. 41-8-109. Referendum prerequisite to establishment; voting; ballots; right of landowners to vote; proxies.
  538. 41-8-110. Referendum prerequisite to establishment;
  539. 41-8-111. Inclusion of additional land; detaching land; change of boundaries; change of name.
  540. 41-8-112. Board of directors; eligibility; election; terms; officers.
  541. 41-8-113. Board of directors; powers generally.
  542. 41-8-114. Board of directors; issuance of bonds.
  543. 41-8-115. Board of directors; per diem and mileage.
  544. 41-8-116. Hearing on proposed projects.
  545. 41-8-117. Appointment of appraisers and appraisal of benefited property.
  546. 41-8-118. Hearing on report of appraisers.
  547. 41-8-119. Appeal from approval of project or determination of benefits or assessments.
  548. 41-8-120. Assessment of benefits against land of state and its subdivisions.
  549. 41-8-121. Assessments generally.
  550. 41-8-122. Levy, collection and disposition of taxes and special assessments; expenditure of funds.
  551. 41-8-123. Lien of assessment; collection of delinquent assessments.
  552. 41-8-124. Repealed by Laws 1998, ch. 115, § 5.
  553. 41-8-125. Supervision upon discontinuance.
  554. 41-8-126. Existing water rights preserved.
  555. 41-9-101. Petition for organization; when filed; contents; service of notice or petitions generally.
  556. 41-9-102. Petition for organization; amendment; multiple petitions.
  557. 41-9-103. What lands may be included.
  558. 41-9-104. Notice of hearing; service generally; contents.
  559. 41-9-105. Notice of hearing; nonresidents.
  560. 41-9-106. Notice of hearing; proof of service.
  561. 41-9-107. Notice of hearing; effect of personal service.
  562. 41-9-108. Notice of hearing; adjournment of hearings when notice not fully served.
  563. 41-9-109. Notice of hearing; service after adjournment.
  564. 41-9-110. Notice of hearing; defective service generally.
  565. 41-9-111. Hearings; grounds for contesting.
  566. 41-9-112. Hearings; procedure generally.
  567. 41-9-113. Hearings; affidavits of petitioners as evidence.
  568. 41-9-114. Hearings; dismissal of defective petition.
  569. 41-9-115. Fraudulent conveyances to defeat or establish petition.
  570. 41-9-116. District commissioners; number; appointment;
  571. 41-9-117. District commissioners; oath; bond generally; quorum.
  572. 41-9-118. District commissioners; term.
  573. 41-9-119. District commissioners; new appointments.
  574. 41-9-120. District commissioners; vacancies.
  575. 41-9-121. District commissioners; financial records, minutes of meetings to be kept.
  576. 41-9-122. District commissioners; filing of annual financial report.
  577. 41-9-123. District commissioners; compensation and expenses.
  578. 41-9-124. District commissioners; under control and direction of court; failure to obey.
  579. 41-9-125. Suit on bond of commissioners.
  580. 41-9-126. Organization of commission; examination of lands; contents of preliminary report.
  581. 41-9-127. Change of plan proposed in petition.
  582. 41-9-128. Hearings on report; notice generally.
  583. 41-9-129. Hearings on report; notice to owners of added lands.
  584. 41-9-130. Hearings on report; adjournment.
  585. 41-9-131. Hearings on report; remonstrances.
  586. 41-9-132. Hearings on report; trial; when petition for organization dismissed.
  587. 41-9-133. Hearings on report; when report confirmed.
  588. 41-9-134. Hearings on report; findings conclusive; appeal.
  589. 41-9-135. Creation of corporate entity upon confirmation of report.
  590. 41-9-136. Corporate authorities.
  591. 41-9-137. All proceedings deemed necessary.
  592. 41-9-201. Authority of commissioners to enter lands for repairs.
  593. 41-9-202. Power of eminent domain.
  594. 41-9-203. Presumption of validity of acts of commissioners.
  595. 41-9-204. Commissioners under supervision of court; removal; new bonds.
  596. 41-9-205. Waiver of notice.
  597. 41-9-206. Liberal construction.
  598. 41-9-210. Levels, surveys and maps to be made; report to court required.
  599. 41-9-211. Contents; starting points, routes and termini.
  600. 41-9-212. Contents; change of boundaries generally.
  601. 41-9-213. Contents; assessment of damages.
  602. 41-9-214. Contents; assessment of benefits.
  603. 41-9-215. Contents; cost of construction.
  604. 41-9-216. Contents; assessments upon particular tracts, lots and corporations.
  605. 41-9-217. Contents; assessments for construction generally.
  606. 41-9-218. Contents; special benefits to corporations.
  607. 41-9-219. Contents; costs of repairs.
  608. 41-9-220. Contents; maps and plans.
  609. 41-9-221. Commissioners not to be confined to plans in petition.
  610. 41-9-222. Changing boundaries upon application to court; filing of report.
  611. 41-9-223. Notice of hearings on report; contents; order for hearing.
  612. 41-9-224. Notice of hearings on report; publication and service generally.
  613. 41-9-225. Notice of hearings on report; when land situated in several counties.
  614. 41-9-226. Notice of hearings on report; effect of personal service.
  615. 41-9-227. Hearings; modification of report generally.
  616. 41-9-228. Hearings; confirmation order generally; appeal.
  617. 41-9-229. Hearings; modification of combination order.
  618. 41-9-230. Hearings; supplemental report; amending original report.
  619. 41-9-231. Judgment; entry when petition on proceedings dismissed.
  620. 41-9-232. Judgment; filing of statement of costs; hearing.
  621. 41-9-233. Judgment; contributions for payment prorated.
  622. 41-9-240. Payment generally; unpaid assessments as liens; duty of clerk of court; state lands.
  623. 41-9-241. Payment in installments.
  624. 41-9-242. Current expenses; annual budget generally.
  625. 41-9-243. Assessment roll generally.
  626. 41-9-244. Certification procedure.
  627. 41-9-245. Additional assessments; generally.
  628. 41-9-246. Additional assessments; commissioner's petition; hearings; modification of budget.
  629. 41-9-247. Omissions; generally.
  630. 41-9-248. Omissions; agreement between landowner and commissioners.
  631. 41-9-249. Application of state revenue laws; tax sale for delinquent assessments.
  632. 41-9-250. Objections; landowners to show cause; presumption of validity of assessments.
  633. 41-9-251. Objections; statement of owner; default; decrees; appeal; adjournment of hearing; trial.
  634. 41-9-252. Objections; procedure when assessments declared void.
  635. 41-9-253. Assessments as liens generally.
  636. 41-9-254. Assessment as court judgment.
  637. 41-9-255. Conclusiveness of order; appeals generally.
  638. 41-9-256. Notes and bonds generally.
  639. 41-9-257. Refunding of indebtedness.
  640. 41-9-258. Effect of change in assessments upon existing bonds.
  641. 41-9-259. Collection generally.
  642. 41-9-260. Bidding procedure when cost over $500.00.
  643. 41-9-261. Commissioners not to have financial interest in construction contracts.
  644. 41-9-262. Entry of commissioners on land; payment of damages to owner.
  645. 41-9-263. Location of drains.
  646. 41-9-264. Drained lands outside of district; commissioners' report requesting assessments.
  647. 41-9-265. Drained lands outside of district; court order to landowners to show cause.
  648. 41-9-266. Drained lands outside of district; hearings; remonstrances; trial on issues.
  649. 41-9-267. Drained lands outside of district; hearings; findings; annexation to district.
  650. 41-9-268. Drained lands outside of district; effect of court order; appeal.
  651. 41-9-269. Drained lands outside of district; levy of assessments by commissioners.
  652. 41-9-270. Drained lands outside of district; filing of
  653. 41-9-271. Drains across railroad rights-of-way; generally.
  654. 41-9-272. Drains across railroad rights-of-way; liability of district to railroad.
  655. 41-9-273. Drains across railroad rights-of-way; railroads to grant free access; failure to comply.
  656. 41-9-274. Petition for reconstruction, enlargement,
  657. 41-9-275. Petition for construction; filing by landowners in lieu of commissioners.
  658. 41-9-276. Petition; hearing procedures generally.
  659. 41-9-277. Petition; procedure when petition granted.
  660. 41-9-278. Petition; assessments.
  661. 41-9-301. Authorized.
  662. 41-9-302. Contents of petition.
  663. 41-9-303. Order for hearing on petition; notice generally.
  664. 41-9-304. Manner of service.
  665. 41-9-305. Hearing.
  666. 41-9-306. Court order; creation of new district as
  667. 41-9-401. Agreement generally; apportionment of maintenance expenses; municipal assessments generally.
  668. 41-9-402. Assessments for bond principal and interest; levy and collection.
  669. 41-9-403. Mill levy and indebtedness of town not to be affected.
  670. 41-9-501. Qualifications of districts as prerequisites to contracting.
  671. 41-9-502. When district authorized to enter into contract.
  672. 41-9-503. Securing of district indebtedness due to contract.
  673. 41-9-504. Unentered public lands as majority of district;
  674. 41-9-601. Petition of landowners.
  675. 41-9-602. Election; notice.
  676. 41-9-603. Election; conduct; certification of result; report of district indebtedness.
  677. 41-9-604. Order for hearing on results of election; generally.
  678. 41-9-605. Election hearing results; publication.
  679. 41-9-606. Hearing; final settlement.
  680. 41-10-101. Definitions.
  681. 41-10-102. Lands included in district.
  682. 41-10-103. Establishment of districts; jurisdiction of board of county commissioners.
  683. 41-10-104. Organization of districts; information required in the petition.
  684. 41-10-105. Bond or cash deposit required at time of filing
  685. 41-10-106. Repealed by Laws 1998, ch. 115, § 5.
  686. 41-10-107. Election in connection with establishment.
  687. 41-10-108. Copy of resolution establishing district to be
  688. 41-10-109. Members of original board of directors to
  689. 41-10-110. Original board generally.
  690. 41-10-111. Regular and special meetings of board; quorum;
  691. 41-10-112. Subsequent elections of members of board of directors of district.
  692. 41-10-113. Powers of district board.
  693. 41-10-114. Authority of board to levy and collect taxes generally; maximum levy.
  694. 41-10-115. Annual determination by board of amount of
  695. 41-10-116. Matters to be considered in certifying annual levies; additional levies.
  696. 41-10-117. Duty of county officials to levy and collect
  697. 41-10-118. Sale of real and personal property for nonpayment of taxes.
  698. 41-10-119. Authority of board to levy taxes and collect revenue for purpose of creating a reserve fund.
  699. 41-10-120. Change in boundaries of districts; generally.
  700. 41-10-121. Repealed by Laws 1998, ch. 115, § 5.
  701. 41-10-122. Repealed by Laws 1998, ch. 115, § 5.
  702. 41-10-123. Repealed by Laws 1998, ch. 115, § 5.
  703. 41-10-124. Authority of district to borrow money; types of
  704. 41-10-125. Borrowing money without election in
  705. 41-10-126. Resolution and election prerequisite to issuance of general obligation bonds.
  706. 41-10-127. Maximum aggregate amount of bonds or other evidences of indebtedness.
  707. 41-10-128. Borrowing money and issuing bonds for purpose
  708. 41-10-129. Power to create local improvement districts vested in board.
  709. 41-10-130. Submission of question of creating indebtedness
  710. 41-10-131. Principal and interest to be paid solely from
  711. 41-10-132. Bonds not to be debt of district; exception as
  712. 41-10-133. Resolution may provide that bonds shall recite
  713. 41-10-134. Date of bonds; maturity; payment and rate of
  714. 41-10-135. Execution of bonds; signature by chairman of
  715. 41-10-136. Sale of bonds at public or private sale; price;
  716. 41-10-137. Moneys received from issuance of bonds to be
  717. 41-10-138. Covenants in resolution authorizing issuance of bonds.
  718. 41-10-139. Rights and powers of holders of bonds.
  719. 41-10-140. Publication of resolution or other proceedings
  720. 41-10-141. Payment of preliminary expenses incurred in
  721. 41-10-142. Refunding bonds.
  722. 41-10-143. Duty of board to impose tolls, fees and charges
  723. 41-10-144. Exemption of property and bonds from taxation.
  724. 41-10-145. Authority of municipalities, counties and
  725. 41-10-146. Questions of validity to be given preference on court docket.
  726. 41-10-147. Effect of failure to give notice; board of
  727. 41-10-148. Reorganization of sanitary and improvement districts as sewer district or water and sewer district.
  728. 41-10-149. Full authority for authorization and issuance of bonds; effect on other statutes.
  729. 41-10-150. Liberal construction.
  730. 41-10-151. Finances administered according to the Uniform Municipal Fiscal Procedures Act.
  731. 41-10-152. City or town may annex areas within sewer or water district.
  732. 41-10-153. Obligations and authority remain with district.
  733. 41-10-154. Administration may be transferred to city or town by agreement.
  734. 41-10-155. Obligation to provide services remains with district; limitation.
  735. 41-10-156. Bonding authority of city or town to acquire
  736. 41-10-157. Application.
  737. 41-11-101. Duties of attorney general.
  738. 41-11-201. Appointment of commissioners to serve on joint
  739. 41-11-202. Designation of commissioners to represent state
  740. 41-11-203. Authority of commissioners; investigations.
  741. 41-11-204. Assistant commissioners.
  742. 41-11-205. Mileage, per diem and compensation for commissioners and assistant commissioners.
  743. 41-11-206. Depository of records relating to interstate streams and water compacts.
  744. 41-11-301. Short title.
  745. 41-11-302. Wyoming Colorado River advisory committee; purpose; membership.
  746. 41-11-303. State engineer duties; dissemination of information.
  747. 41-11-304. Applicability of public meetings act.
  748. 41-12-101. Generally.
  749. 41-12-102. When binding; notice of ratification.
  750. 41-12-201. Purpose.
  751. 41-12-202. Definitions.
  752. 41-12-203. Administration.
  753. 41-12-204. Water gauging stations.
  754. 41-12-205. Allocation of waters.
  755. 41-12-206. Acquisition of property in another state.
  756. 41-12-207. Construction and use of dams; claims for storage or diversion; appropriations.
  757. 41-12-208. Water for stock water use in South Dakota.
  758. 41-12-209. Size of reservoirs.
  759. 41-12-210. Duration of compact.
  760. 41-12-211. Termination of compact.
  761. 41-12-212. Rights of action preserved.
  762. 41-12-213. Application of compact.
  763. 41-12-214. When compact becomes operative.
  764. 41-12-215. Severability of provisions.
  765. 41-12-301. Generally.
  766. 41-12-302. When binding; notice of ratification.
  767. 41-12-401. Generally.
  768. 41-12-402. When binding; notice of ratification.
  769. 41-12-501. Generally.
  770. 41-12-502. When binding; notice of ratification.
  771. 41-12-601. Generally.
  772. 41-12-602. When binding; notice of ratification.
  773. 41-12-603. Diversions from the Yellowstone River Basin; definitions.
  774. 41-12-604. Diversions from the Yellowstone River Basin; authority to approve.
  775. 41-12-605. Diversions from the Yellowstone River Basin; application; notice.
  776. 41-12-606. Diversions from the Yellowstone River Basin; objections; public hearing.
  777. 41-12-607. Diversions from the Yellowstone River Basin; criteria for approval; terms.
  778. 41-12-701. Generally.
  779. 41-12-702. When binding; notice of ratification.
  780. 41-12-801. Studies authorized for waters allocated by certain compacts.
  781. 41-13-101. Definitions; classification of motorboats.
  782. 41-13-102. Motorboat certificate of number required.
  783. 41-13-103. Motorboats to be numbered; exempt motorboats.
  784. 41-13-104. Application for certificate; issuance of
  785. 41-13-105. Watercraft accidents or collisions; duty to
  786. 41-13-106. Accident report information to federal government.
  787. 41-13-107. Political subdivisions not to number watercraft.
  788. 41-13-108. Publication and distribution of regulations.
  789. 41-13-109. Motorboat registration fee.
  790. 41-13-110. Disposition of registration fees.
  791. 41-13-111. Prohibited acts; penalties.
  792. 41-13-201. Repealed by Laws 1979, ch. 112, § 2.
  793. 41-13-202. Provisions applicable to all watercraft in state; supplemental to federal laws and regulations.
  794. 41-13-203. Careless operation defined.
  795. 41-13-204. Reckless operation defined.
  796. 41-13-205. Repealed by Laws 1982, ch. 75, § 5; 1983 ch.
  797. 41-13-206. Operation of watercraft by intoxicated or drugged person prohibited.
  798. 41-13-207. Operation of watercraft by person under disability prohibited.
  799. 41-13-208. Overloading prohibited.
  800. 41-13-209. Overpowered watercraft prohibited; horsepower rating plates; mufflers required.
  801. 41-13-210. Riding on gunwales or bow decking prohibited; exceptions.
  802. 41-13-211. Buoys and markers; operation in marked restricted areas prohibited; exceptions.
  803. 41-13-212. Motorboat pulling skier to be occupied by at
  804. 41-13-213. Safety equipment required.
  805. 41-13-214. Repealed by Laws 1979, ch. 112, § 2.
  806. 41-13-215. Enforcement.
  807. 41-13-216. Penalties for violations; suspension of privilege to operate; operating while privilege suspended.
  808. 41-13-217. Races or regattas.
  809. 41-13-218. Regulations.
  810. 41-13-219. Age of operator of motorboat.
  811. 41-13-220. Eluding an officer; emergency watercraft equipment restricted.
  812. 41-14-101. Definitions.
  813. 41-14-102. Contracts with United States for acquisition of
  814. 41-14-103. Issuance of bonds; purchase of bonds by state

Proposed changes to this act

No one has proposed a change to this act yet.

814 provisions

41-4-317. Determination of priorities to streams;

limitations on amount of water to be allotted; disposition of excess water generally. At the first regular meeting of the board of control after the completion of such measurement by the state engineer, and the return of said evidence by said division superintendent, it shall be the duty of the board of control to make and cause to be entered of record in its office, an order determining and establishing the several priorities of right to the use of waters of said stream, and the amounts of appropriations of the several persons claiming water from such stream, and the character and kind of use for which said appropriation shall be found to have been made. Each appropriation shall be determined in its priority and amount, by the time by which it shall have been made, and the amount of water which shall have been supplied for beneficial purposes; provided, that such appropriator shall at no time be entitled to the use of more water than he can make a beneficial application of on lands, for the benefit of which the appropriation may have been secured, and the amount of any appropriation made by reason of an enlargement of distributing works, shall be determined in like manner; provided, that no allotment for the direct use of the natural unstored flow of any stream shall exceed one (1) cubic foot per second for each seventy (70) acres of land for which said appropriation shall be made, and provided, further, where there may be in any stream water in excess of the total amount of all appropriations from said stream, such excess shall be divided among the appropriators therefrom in proportion to the acreage covered by their respective permits, and provided, also, that such additional water shall be beneficially used, except as hereinafter provided.

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41-4-318. Surplus water; defined.

For the purpose of this act, surplus water is hereby defined to be that quantity of water belonging to the state of Wyoming flowing in the natural channel of any main stream or a tributary of a main stream within the boundaries of Wyoming, at any time in excess of the total amount required to furnish to all existing appropriations from said stream system the maximum amount of water for which all said appropriations have been granted, whether by permit or by adjudicated decree as of March 1, 1945.

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41-4-319. Surplus water; regulation and control.

It shall be the duty of the state engineer, water superintendents and water commissioners and their assistants to divide, regulate and control the diversion and taking of surplus water from any stream in a manner that all applicants will be able to obtain a proportionate share, as hereinafter defined, of the surplus water.

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41-4-320. Surplus water; rights of use generally.

(a) A right to the use of surplus water as herein defined in the amount of one (1) cubic foot of water per second for each seventy (70) acres of land having an adjudicated water right or a water right under permit is hereby adjudicated to attach to all original direct flow water rights, and only on lands described in adjudicated appropriations as of record in the office of the state board of control or under valid permits or filings as of record in the office of the state engineer. The rights so adjudicated shall bear date of priority as of March 1, 1945. Rights unadjudicated shall acquire the surplus right as the original is perfected. (b) Any permits issued or water rights granted in the state of Wyoming after March 1, 1945, shall be subject to the adjudication of surplus water as provided herein.

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41-4-321. Surplus water; who may divert.

Surplus water, as herein defined, may be diverted by anyone having either an adjudicated appropriation or a permit granting a right to divert and take from said stream and/or its tributaries a quantity of water for beneficial use.

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41-4-322. Surplus water; limitations on use.

Each applicant shall be entitled to divert for beneficial use such quantity of surplus water as he can so use, not in excess of one (1) cubic foot of water per second of time for each seventy (70) acres of land irrigated therewith, and not in excess of an amount which equals his proportionate share of the total quantity of previously appropriated water from said stream.

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41-4-323. Surplus water; senior priority.

When anyone has applied surplus water to beneficial use, as herein provided, he shall be entitled thereafter to divert and beneficially use his proportionate share thereof, and such diversion and beneficial use, when accomplished, is hereby declared to be an appropriation of such water, entitled to a priority senior to any water right acquired after March 1, 1945.

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41-4-324. Surplus water; construction of W.S. 41-4-317 through 41-4-324.

Nothing in this act shall be so construed as to permit, authorize or make lawful the diversion or taking of any water other than surplus water as herein defined.

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41-4-325. Contents of certificate of priority; recording;

fees; transmittal of appropriation; fees for proofs submitted at hearings; disposition. As soon as practicable after the determination of the priorities of appropriation of the use of waters of any stream, it shall be the duty of the secretary to issue to each person, association or corporation represented in the determination a certificate to be signed by the president of the board of control, and attested under seal, setting forth the names and post office address of the appropriator; the priority date and number of the appropriation; the amount of water appropriated; and if the appropriation is for irrigation, a description of the legal subdivisions of land to which the water is to be applied. Certificates shall be transmitted to the county clerk of the county in which the appropriation shall have been made, and it shall be the duty of the county clerk upon receipt of the recording fee required by W.S. 18-3-402 to record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the same to the respective appropriators. At the time of the submission of testimony to the division superintendent he shall collect for each proof taken a fee not to exceed fifty dollars ($50.00) which fee shall be transmitted to the secretary of the board of control together with the testimony and proofs of appropriation. The county recording fee shall be used as above provided and the remainder shall be credited to the general fund.

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41-4-326. Conclusiveness of final decrees of board.

The final orders or decrees of the state board of control, in the proceedings provided by law for the adjudication and determination of rights to the use of the public waters of the state, shall be conclusive as to all prior appropriations, and the rights of all existing claimants upon the stream or other body of water lawfully embraced in the adjudication, subject, however, to the provisions of law for rehearings in such proceedings and for the reopening of the orders or decrees therein and for appeals from such orders or decrees.

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41-4-327. Rehearing after final order of board.

After any final order of the board of control adjudicating the priorities upon any stream, any party interested therein may within one (1) year thereafter apply for a rehearing for reasons to be stated in the application; and upon the filing of such application, the secretary of the board shall mail written notice thereof to every other party interested, and therein fixing and stating a time when said application will be heard.

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41-4-328. Authority to modify order and correct testimony.

Upon such hearing the board shall have authority to modify or alter the original order in such respect as shall appear just and proper. But it shall not be necessary for an application for rehearing to be filed to entitle any party to an appeal. Upon such hearing the board shall also have authority to permit, upon good cause shown, the correction of the testimony of any party or witness, if it shall appear that a mistake has occurred therein, but no other new evidence shall be received at such hearing unless it shall be shown to the satisfaction of the board that the same is material, and has been discovered since the taking of the original testimony and could not with reasonable diligence have been discovered before that time.

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41-4-329. Excess water; defined.

For the purpose of this act, excess water is hereby defined to be that quantity of water belonging to the state of Wyoming flowing in the natural channel of any main stream or a tributary of a main stream within the boundaries of Wyoming, at any time in excess of the total amount required to furnish to all existing appropriations from the stream system the maximum amount of water to which all appropriations are entitled, whether by permit or by adjudicated decree as of March 1, 1985.

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41-4-330. Excess water; rights of use generally.

(a) A right to the use of excess water as defined by W.S. 41-4-329 in the amount of one (1) cubic foot per second for each seventy (70) acres of land having an adjudicated water right or a water right under permit, except those having a priority date prior to March 2, 1945, is hereby adjudicated to attach to all original direct flow water rights, and only on lands described in adjudicated appropriations of record in the office of the state board of control or under valid permits or filings of record in the office of the state engineer. The rights so adjudicated shall bear date of priority as of March 1, 1985. Rights unadjudicated shall acquire the excess right as the original is perfected. (b) Any permits issued or water rights granted in the state of Wyoming with a priority date after March 1, 1985, shall be subject to the adjudication of excess water as provided herein.

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41-4-331. Excess water; senior priority.

When anyone has applied excess water to beneficial use, as herein provided, he shall be entitled thereafter to divert and beneficially use his proportionate share thereof, and the diversion and beneficial use, when accomplished, is hereby declared to be an appropriation of the water, entitled to a priority senior to any water right acquired after March 1, 1985. The provisions of W.S. 41-4-321 through 41-4-324 shall apply to excess water in the same manner as it does to surplus water, except that excess water shall, pursuant to W.S. 41-4-323, have a priority date of March 1, 1985. The term "surplus" in W.S. 41-4-324 shall apply to excess water under this act.

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41-4-401. Rights of appeal to district court.

Any party or number of parties acting jointly, who may feel themselves aggrieved by the determination of the board of control, may have an appeal from the board of control to the district court of the county in which the stream or streams, involved in such determination, may be situated, provided that in case the said stream or streams shall be situate in, and run through more than one (1) judicial district, or more than one (1) county, then, and in such case, it shall be the duty of the board of control, in making its determination, to designate the district court of the county, to which such appeal may be taken. All persons joining in the appeal shall be joined as appellants and all persons having interests adverse to the parties appealing, or either of them, shall be joined as appellees.

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41-4-402. Repealed by Laws 1985, ch. 191, § 2.

Repealed by Laws 1985, ch. 191, § 2.

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41-4-403. Repealed by Laws 1985, ch. 191, § 2.

Repealed by Laws 1985, ch. 191, § 2.

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41-4-404. Repealed by Laws 1985, ch. 191, § 2.

Repealed by Laws 1985, ch. 191, § 2.

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41-4-405. Repealed by Laws 1985, ch. 191, § 2.

Repealed by Laws 1985, ch. 191, § 2.

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41-4-406. Pleadings and practice.

All proceedings on appeal shall be conducted according to the provisions of the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

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41-4-407. Procedure after judgment.

It shall be the duty of the clerk of the district court immediately upon the entry of any judgment, order or decree by the district court, or by the judge thereof, in an appeal from the decision of the board of control, to transmit a certified copy of said judgment, order or decree to the secretary of the state board of control. It shall be the duty of the secretary to immediately enter the same upon the records of such office, and the state engineer shall forthwith issue to the superintendent or superintendents of water divisions, instructions in compliance with the said judgment, order or decree, and in execution thereof.

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41-4-408. Costs; division of water pending appeal.

All costs made and accruing by reason of such appeal shall be adjudged to be paid by the party or parties against whom such appeal shall be finally determined. During the time an appeal from the order of the board of control is pending in the district court, and until a certified copy of the judgment, order or decree of the district court is transmitted to the state engineer, the division of water from the stream involved in such appeal shall be made in accordance with the order of the board of control.

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41-4-501. Permit required prior to construction of

ditches, canals or other distributing works; contents of application; unlawful diversion or use of water prohibited; rulemaking authority. (a) Any person, association or corporation hereafter intending to acquire the right to the beneficial use of the public water of the state of Wyoming shall, before commencing the construction, enlargement or extension of any ditch, canal or other distributing works, or performing any work in connection with said construction, or proposed appropriation, make an application to the state engineer for a permit to make such appropriation. Such application shall set forth the name, email address, if any, and post-office address of the applicant, the source of the water supply, the nature of the proposed use, the location and description of the proposed ditch, canal or other work, the time within which it is proposed to begin construction, the time required for completion of construction and the time required for the complete application of the water to the proposed use. The application shall also state whether the applicant will opt for any notices issued under this article to be delivered only by electronic means. Each applicant shall maintain a current post-office address with the state engineer and shall maintain an email address with the state engineer if opting for notice only by electronic means under this subsection. Any person who shall willfully divert or use water to the detriment of others without compliance with law shall be deemed guilty of a misdemeanor punishable pursuant to W.S. 41-3-616. (b) The state engineer may allow the application to be submitted electronically as provided by the Uniform Electronic Transactions Act, W.S. 40-21-101 through 40-21-119. (c) The state engineer may adopt reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act as necessary to implement this section. (d) Any rules and regulations implementing this section or any predecessor to this section which were duly adopted according to the procedure for adoption at the time of adoption, which were effective as of July 1, 2008 and which have not been repealed or replaced as of July 1, 2008, are deemed to have been lawfully adopted in accordance with law and within the scope of the state engineer's rulemaking authority.

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41-4-502. Application for permit to acquire right to

beneficial use of public water; duty of state engineer upon receipt; use for irrigation purposes; defective applications; corrections; cancellation; extensions. On receipt of an application for a permit to acquire the right to the beneficial use of the public water of the state of Wyoming, which application shall be on a form prescribed or designated by the state engineer, it is the state engineer's duty to date the application and to make a record of receipt of the application in his office. It is the state engineer's duty to examine all applications to ascertain that they contain all the necessary information to show the location, nature and amount of the proposed beneficial use. If the proposed beneficial use is for irrigation purposes, the application shall give the total acreage to be irrigated and the acreage in each legal subdivision of land proposed to be irrigated. If, upon such examination, an application submitted in hard copy is found defective, it is the duty of the state engineer to return the application for correction, with reasons therefor, and the time allowed within which to make such corrections, which shall not be less than ninety (90) days, shall be endorsed on the application, or by correspondence accompanying the return of the application, and a record made thereof. A like record shall be kept of the date of the return of corrected applications, and of the date of the refusal and return of applications rejected. If the application is submitted in hard copy, the defective application shall be returned by United States postal service or by other generally accepted mail delivery method to the post-office address given by the applicant. If the application is submitted electronically, the defective application shall be returned electronically. If, at the expiration of the time allowed within which to make such corrections, the application has not been returned to the office of the state engineer with the corrections properly made, it is the duty of the state engineer to cancel the filing covered by the application. The state engineer, if in his opinion an extension is justified, or, upon request by the applicant for good cause shown, shall grant extensions of time for making corrections. However, extensions will not be granted if the request for the extension is received after the expiration of the time period the applicant seeks to extend.

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41-4-503. Recordation; approval or rejection generally.

All applications which shall comply with the provisions of this chapter, and with the regulations of the engineer's office, shall be recorded in a suitable book kept for that purpose; and it shall be the duty of the state engineer to approve all applications made in proper form, which contemplate the application of the water to a beneficial use and where the proposed use does not tend to impair the value of existing rights, or be otherwise detrimental to the public welfare. But where there is no unappropriated water in the proposed source of supply, or where the proposed use conflicts with existing rights, or threatens to prove detrimental to the public interest, it shall be the duty of the state engineer to reject such application and refuse to issue the permit asked for.

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41-4-504. Endorsement by state engineer; return to applicant; effect of approval or rejection.

The refusal or approval of an application shall be endorsed thereon and a record made of such endorsement in the state engineer's office. The application so endorsed shall be returned to the applicant. If approved, the applicant shall be authorized, on receipt thereof, to proceed with the construction of the necessary works, and to take all steps required to apply the water to a beneficial use, and to perfect the proposed appropriation. If the application is refused, the applicant shall take no steps toward the prosecution of the proposed work, or the diversion and use of the public water so long as such refusal shall continue in force. Any violation of this section, unless exempt under W.S. 41-3-301, shall be punishable pursuant to W.S. 41-3-616(a).

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41-4-505. Additional information before approval or rejection.

(a) Before either approving or rejecting an application, the state engineer may require such additional information as will enable him to properly guard the public interests, and may, in the case of applications proposing to divert more than twenty-five (25) cubic feet of water per second of time, or to reclaim over one thousand (1,000) acres of land, require a statement of the following facts: (i) In case of incorporated companies, he may require the submission of the articles of incorporation, the names and places of residence of its directors and officers, and the amount of its authorized and of its paid up capital; (ii) If the applicant is not an incorporated company, he may require a showing as to the name or names of the party or parties proposing to construct the work, and a showing of facts necessary to enable him to determine whether or not they have the financial ability to carry out the proposed work, and whether or not the said application has been made in good faith.

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41-4-506. Time limits for completing construction work;

extensions; forfeiture of rights; cancellation of permit; notice of date of expiration to appropriator. Whenever the state engineer places his endorsement of approval on any application for a water permit, he shall require that actual construction work be completed within the time set by him in the permit. The time set for completion shall not exceed a period of five (5) years after the date of approval of application. In the case of an application for a ditch permit, he shall further require that the application of the water to beneficial use must be completed before the date which he shall specify, and which shall not be earlier than the date specified for the completion of construction; and that final proof of appropriation must be submitted within five (5) years after the date specified for the completion of the application of the water to beneficial use. He may limit the application to a less period of time for the completion of construction and application of water to beneficial use than is asked for in the application. For good cause shown, the state engineer may at any time, or from time to time, before the date of expiration, extend any or all of these periods. An extension of time for compliance with any of the specified requirements shall be construed to automatically extend for a like period the time for compliance with any of the specific requirements in relation to which the time expires thereafter. Default by the holder of the permit in any of the specified requirements shall work a forfeiture of the water right involved. The state engineer may upon such default cancel the permit. The state engineer shall, at least three (3) months before default in any of these requirements shall be operative, notify the permit holder when the time allowed will expire. Notification may be delivered by United States postal service, by other generally accepted mail delivery method to the post-office address given by the permit holder or by email or other electronic means that provides actual notice to the permit holder. If the permit holder cannot be reached by mail or by email, the state engineer shall notify the permit holder by certified mail to the permit holder's last known address and shall publish notice of the default on the state engineer's official website and for three (3) weeks in a newspaper of general circulation published in the county, or in case there is no newspaper of general circulation published in the county, then in a newspaper published in the state of Wyoming and in general circulation in the county, the last publication to be at least two (2) months before cancellation of the permit.

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41-4-507. Maps and plats; when required with application;

contents; format requirements; copies; duties of state engineer generally. (a) Each application for a permit to appropriate waters for beneficial uses under a project embracing the major irrigable portion of an entire drainage basin within the limits of this state which has been approved by either state or federal agencies for development and construction in subdivisions as the result of preliminary investigations must be accompanied by a map or plat made by or under the responsible charge of a professional engineer or professional land surveyor and be signed by and bear the seal of the professional engineer or professional land surveyor. The map or plat shall be on a scale to conform to the regulations of the state engineer, showing the approximate location of all streams, proposed reservoirs, main canals and the other data required under the terms of W.S. 41-3-301, together with the approximate location and area of the lands to be irrigated and approximate capacity of each of the reservoirs to be constructed. It shall be the duty of the state engineer to approve any such application made in conformity herewith which contemplates the application of the water of a drainage basin to the beneficial use of a major irrigable portion thereof where the proposed use does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare; provided, however, that any permit for appropriation of waters for beneficial uses upon the irrigable lands designated in such a drainage basin project application, must be conditioned for the submission to the state engineer of detailed maps, plans and specifications applicable to a single subdivision of the project and the approval thereof by the state engineer, prior to the commencement of the construction of any such subdivisions; provided further that such subdivision maps, plans and specifications shall conform to the requirements hereinafter set forth as applicable to other applications not embracing the major irrigable portion of an entire drainage basin. (b) Except for applications made pursuant to subsection (a) or (c) of this section, every other application for a permit to appropriate water for beneficial uses must be accompanied by a map or plat, showing accurately the location and extent of the proposed work. The maps or plats must be on a scale to conform to the regulations of the state engineer and be made by or under the responsible charge of a professional engineer or professional land surveyor and be signed by and bear the seal of the professional engineer or professional land surveyor; they must show the location of the headgate or point of diversion by courses and distances from some government corner; they must show the actual location of the ditch or canal, or water line of the reservoir, and must show, wherever section lines are crossed, the distance to the nearest government corner. The map or plat must show the course of the river, stream or other source of supply; the location and area of all lands proposed to be reclaimed; the position and area of all reservoirs or basins intended to be created for the purpose of storing water; the location of the intersection with all other ditches, canals, laterals or reservoirs which are caused by this work, or with which connections are made. These maps must contain the name of the proposed work, and, where possible, the number of the permit. They must in addition, have the name or names of the applicant or applicants and the certificate of the engineer or surveyor, giving the date of survey, his name and address. (c) Notwithstanding subsections (a) and (b) of this section, an application and accompanying maps, plans, plats and designs filed in the state engineer's office shall comply with the requirements of W.S. 33-29-801(a)(ii) through (iv) and subsections (d) and (e) of this section when the application is to: (i) Construct small reservoirs for stock or other beneficial uses where the capacity of the reservoir does not exceed twenty (20) acre feet or twenty (20) feet in dam height; (ii) Develop springs for any beneficial use up to twenty-five (25) gallons per minute; or (iii) Construct flood water detention dams storing fifty (50) acre feet or less and not to exceed twenty (20) feet in height provided the dam has a minimum outlet of eighteen (18) inches diameter and the dead storage does not exceed twenty (20) acre feet. (d) An application made pursuant to subsection (c) of this section shall be signed by the applicant or an agent acting for him and shall be accompanied, at a minimum, by aerial photographs, digital imagery or United States geological survey quadrangle maps, of a scale provided by Wyoming board of professional engineers and professional land surveyors rule, with designation of the township, range, section and section corner or quarter corner and the location of the installation designated in the quarter section on the photographs or United States geological survey quadrangle maps and a description of: (i) The dam including height, width, depth, construction materials, depth to be submerged and height of the free board; and (ii) The reservoir including length, width, average depth, submerged area and capacity. (e) Aerial photographs, digital imagery or United States geological survey quadrangle maps accompanying an application made pursuant to subsection (c) of this section shall comply with the following requirements: (i) Two (2) aerial photographs, digital images or United States geological survey quadrangle maps shall accompany each application; (ii) The scale on the aerial photographs, digital imagery or United States geological survey quadrangle maps shall not be less than two (2) inches to the mile; (iii) An identified section corner or quarter corner shall be shown on each aerial photograph, digital image or United States geological survey quadrangle map; (iv) The entire section in which the facility is located shall be shown on each aerial photograph, digital image or United States geological survey quadrangle map along with subdivision lines showing forty (40) acre tracts; and (v) The location of the facility shall be shown within the proper forty (40) acre subdivision. (f) The state engineer may adopt rules and regulations which provide exceptions to the filing requirements of subsections (a) and (b) of this section for projects for which, because of the size, nature or location, an exception would not impede upon public safety or the integrity of a water right. The exceptions provided pursuant to this subsection shall be in addition to the exceptions provided in subsection (c) of this section.

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41-4-508. Maps and plats; examination; approval; filing; return of copy.

It shall be the duty of the state engineer to examine these maps or plats and to ascertain if they agree with the description contained in the application, and when found to agree, or made to agree, to approve the same, file one (1) copy in his office and return the other, approved, to the party filing them. These maps or plats may be received and maintained by the state engineer in an electronic format.

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41-4-509. Maps and plats; additional information; longitudinal profiles of ditches.

In case of ditches or canals carrying more than fifty (50) cubic feet of water per second, the engineer may require, in addition to the maps or plats above described, the following: a longitudinal profile of the ditch showing the bottom and proposed water line; the horizontal scale of this line shall not be less than one (1) inch to one thousand (1,000) feet, and the vertical scale not less than one (1) inch to twenty (20) feet. If submitted electronically, the file shall be capable of reproduction at these scales.

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41-4-510. Maps and plats; additional information; cross

section plans; plans of obstructions; reservoir specifications; field notes. The engineer may require, in addition to the maps and plats above described, a plan showing cross sections at a sufficient number of points to show the different forms which the ditch, when completed, will take, and showing what proportion of the water is to be conveyed in excavation and what proportion to be conveyed in fill. These plans shall be drawn, or be capable of being drawn and printed if submitted electronically, on a horizontal and vertical scale of one (1) inch to twenty (20) feet. Plans of any dams, cribs, embankments or other proposed work to obstruct any river, stream, lake or pond, or other source of water supply, shall be drawn on a longitudinal scale of not less than one (1) inch to two hundred (200) feet, and for cross sections on a scale of not less than one (1) inch to twenty (20) feet; and shall show what material is intended to be used and placed in such work. Timber, brush, stone or other material except earth used in such works shall be shown in detail on a plan, the scale of which shall not be less than one (1) inch to four (4) feet. The maps of all proposed reservoirs shall show the surface of the ground under water, and a sufficient number of lines of level shall be shown so that the contents of the reservoir or basin may be approximately determined. If the levels shall be shown by contour lines they shall be on a scale sufficiently large to show vertical levels not exceeding five (5) feet, and with all such reservoir plans there shall be furnished a plan, on a scale of not less than one (1) inch to four (4) feet, showing the method of providing a wasteway for such reservoir, and method of drawing off the water from such reservoir or basin. If the state engineer deems it necessary he may require the submission of complete plans and specifications for his approval. He may also require the filing of field notes of canal and reservoir surveys.

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41-4-511. Final proof of appropriation; procedures generally.

Whenever an appropriation of water has been perfected in accordance with any permit issued by the state engineer, the appropriator may submit final proof of appropriation of water at any time within the time specified by W.S. 41-4-506, to the superintendent of the water division in which the water right involved is situated, or, when more expedient, before the superintendent of another water division or the state engineer, or before a water commissioner in accordance with the provisions of W.S. 41-4-308. Proof shall be made by appropriators under oath upon forms furnished by the state board of control. The superintendent shall collect for each proof taken a fee not to exceed one hundred dollars ($100.00), which fee shall be transmitted to the secretary of the board of control together with the several proofs taken. The secretary of the board of control shall use the fee to pay the appropriate amount for the county recording fee for the recording of the certificate of appropriation in the office of the county clerk of the county in which the water right is situated and the newspaper advertising fee for advertising the several proofs as provided in this section. The remainder of the fee shall be remitted to the state treasurer to the credit of the general fund. If the board of control rejects any proof, the fee shall be returned to the person, association or corporation submitting such proof. At least thirty (30) days prior to any regular meeting of the state board of control the superintendent of each water division shall cause all proofs taken by him to be advertised in at least one (1) issue of a newspaper having general circulation in the community where the water right involved is situated, such advertisement to contain in each case the permit number, the date of priority, the name of the ditch, canal or reservoir, the name of the appropriator, the name of the stream from which the appropriation is made, and the amount of the appropriation expressed in acres for ditches designed for the irrigation of lands and in acre-feet for reservoirs, or in cubic feet per second or gallons per minute when the appropriation is for domestic, stock, municipal, industrial, manufacturing, fish hatchery or power purposes. Advertisements shall state the time when, and the place where, the proofs of appropriation of water taken by the superintendent will be open for public inspection for a period of not less than one (1) or more than five (5) days, and the last day of the period shall not be less than fifteen (15) days prior to the meeting of the board. Any party claiming an interest in any water right from the stream or streams to which the advertised proofs refer, shall have the right to contest the proposed adjudications according to the provisions of W.S. 41-4-312 through 41-4-315. Upon the completion of the taking of proofs of appropriation and the advertising, the superintendent of each water division shall transmit to the office of the state board of control in Cheyenne the several proofs taken, together with fees collected, and shall accompany the same with affidavits of publication as evidence of the required advertisement. At its next regular meeting the board shall consider all proofs of appropriation received from the division superintendents and if satisfied that there are no conflicts and that any appropriation involved has been perfected in accordance with the permit issued by the state engineer, the state board of control by the hand of its president, attested under seal, shall issue a certificate of appropriation of water as described in W.S. 41-4-325 and send the certificate to the county clerk of the county in which the use of water has been made to be recorded by the clerk as provided in W.S. 41-4-325.

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41-4-512. Final proof of appropriation; date of priority.

The priority of such appropriation shall date from the filing of the application in the engineer's office.

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41-4-513. Adjudication of underground water rights.

After issuance of a permit, or recording of a statement of claim, or registration of a well, under the procedures provided for by law, and completion of the work according to the terms of the permit, as certified to by the state engineer or his authorized representative following an inspection of the work, and the recording of such information as is deemed necessary concerning the works, and an inspection of the lands irrigated or of the other uses being made of the water, the board of control may adjudicate such underground water rights upon proof of beneficial use being submitted as provided for by W.S. 41-4-511. The appropriator shall pay the necessary fees as provided by W.S. 41-4-511.

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41-4-514. Petition for amendment of permits; petition for

amended certificate of appropriation; hearings on petition; notice; costs. (a) The state engineer may correct clerical errors and, upon written petition of the permit holder, amend any permit to appropriate water at any time prior to adjudication by the state board of control when in the judgment of the state engineer the amendment appears necessary, and providing: (i) No petition to amend shall be granted if existing water appropriators who have adjudicated water rights or valid permits are injuriously affected; (ii) The priority date of the permit shall not be improved; (iii) The total amount of the appropriation of water shall not exceed the amount set forth in the original permit and, for irrigation permits, the total area of land shall not exceed the total area described in the original permit; (iv) The changes shall be limited to those within the area and concept of the original application for permit or development plan; (v) No change of use shall be granted; and (vi) A reasonable filing fee not to exceed fifty dollars ($50.00) shall accompany each petition filed with the state engineer. (b) The state engineer may hold a public hearing on a petition under subsection (a) of this section to gather facts to determine if other appropriators will be injuriously affected. The state engineer shall hold a public hearing on a petition under subsection (a) of this section if requested to do so by any affected appropriator. If the state engineer holds a public hearing, the state engineer shall cause to be published no less than fifteen (15) days before the hearing a notice of the hearing to be advertised in at least one (1) issue of any newspaper having general circulation in the community where the water right or valid permit involved is situated. The petitioner shall pay the cost of the advertisement prior to the time of hearing, and provide a record of proceedings to be transmitted to the state engineer. Following receipt of the record, the state engineer shall promptly review the record and issue a written order granting or denying the permit amendment. (c) Any decision by the state engineer granting or denying a permit amendment under this section may be appealed to the board of control which shall conduct a contested case hearing in accordance with its rules and regulations and the Wyoming Administrative Procedure Act. (d) The state board of control is authorized, upon the written petition of the owner, to issue amended certificates of appropriation for water rights that have been adjudicated for the purpose of correcting clerical errors and when in the judgment of the board it appears necessary. The total amount of the appropriation of water shall not exceed the amount set forth in the original certificate of appropriation and, in the case of an appropriation for irrigation use, the total area of the lands shall not exceed the total area described in the original certificate of appropriation. The amended area shall not exceed the area actually irrigated under the original right. Any petitioner shall be the owner of all the land involved in the petition, except that in cases where amendments are petitioned for in a regularly organized conservancy or irrigation district, the consent of the district board and the consent or agreement of the land owners directly involved is sufficient. Proper adjustments shall be made in any assessment levied against lands affected by the amendment. The rights of other appropriators shall not be injuriously affected thereby. (e) Upon petition for an amended certificate of appropriation of water, the state board of control may cause a public hearing to be held on the petition before the superintendent of the water division in which such appropriation is located, with notice of the hearing to be advertised in at least one (1) issue of a newspaper having general circulation in the community where the water right involved is situated. The state board of control shall hold a public hearing if requested to do so by any affected appropriator. The petitioner shall pay the cost of the publication prior to the time of hearing and provide a record of proceedings to be transmitted by the division superintendent to the state board of control, together with his report. At the time the petition is filed a fee not to exceed fifty dollars ($50.00) for each amended certificate issued shall be collected by the state board of control with a deposit of sufficient funds to cover the cost of preparing and recording a certified copy of the order. The fees for recording shall be returned to the petitioner in case the petition is not granted.

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41-4-515. Endorsement of correction on records.

When any permit is corrected by the state engineer, as authorized by this act, the corrections shall be endorsed on the records and shall not affect the priority of the permit.

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41-4-516. Rules and regulations authorized for W.S.

41-4-514 through 41-4-516. The state engineer is hereby authorized to provide rules and regulations regarding the form of application and procedure to be followed by the applicant in proceeding under this act.

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41-4-517. Appeal from action of state engineer or order of board of control.

Any applicant who is aggrieved by the endorsement made by the state engineer upon his application, may, in writing, in an informal manner and without pleadings of any character, appeal to the board of control within sixty (60) days of the date of receipt of notice of the endorsement, for an examination and reversal of any such action of the state engineer. Upon receipt of such an appeal, the secretary of the board of control shall notify the members of the board of control and upon receipt of replies from them shall fix a date, as early as may be possible, when such appeal shall be heard before the board. All parties and those who claim an adverse interest thereto, shall be notified and shall be given an opportunity to be heard. Any person aggrieved by any order or determination of the board of control in cases embracing such appeals from the state engineer, may appeal to the district court of the county in which the greatest use of water is proposed to be made under the application. The procedure in the appeal from a decision of the board of control shall be in conformity with the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure. The attorney general shall, in such cases, represent the state board of control.

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