41-3-107. Submerged lands; petition for change of water rights; conditions; hearing; fees.
(a) The state board of control may, upon the written petition of the owners of an adjudicated water right, or water rights appurtenant to lands submerged by the construction of reservoirs in the state of Wyoming, issue amended certificates of appropriation of water and change the point of diversion and means of conveyance for such adjudicated appropriations of water for the irrigation of other lands in the state of Wyoming outside of the reservoir basin in lieu of the submerged lands, without loss of priority; provided:
(i) The appropriation shall be from the same source of supply;
(ii) The irrigated acreage shall include not only new land within the state of Wyoming having no original direct flow water right but also lands within the same drainage area having water rights from another source and which have a need for supplemental water, but in no event shall such right and use so changed exceed in amount of water that of the rights which are being changed;
(iii) Such change of water rights be made within five (5) years from the date that construction of the reservoir dam has been completed. If such change is not applied for by the owner or his successors in interest within the five (5) year period such water rights shall become automatically abandoned and the water shall be distributed in order of priority on the stream. Such automatic abandonment shall apply only to lands inundated at and below the high water line of reservoirs. The board of control shall enter an order abandoning the water rights upon a determination that an abandonment has occurred;
(iv) The change can be made only on condition that it does not injuriously affect the rights of other Wyoming appropriators.
(b) After receipt of a petition for such change the state board of control shall 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 located. The petitioner shall pay the cost of publication prior to the time of hearing and shall provide a stenographic record of the proceedings, which shall be transmitted by the division superintendent to the state board of control with his report. A fee not to exceed fifty dollars ($50.00) for issuance and recording of each amended certificate of appropriation of water shall be collected by the state board of control at the time of filing of the petition and the board shall also require a deposit of sufficient funds to cover the cost of preparing and recording a certified copy of the order of the board granting the petition.
(c) The owners of lands coming under the provisions of this section may sell or convey lands submerged or to be submerged by any such reservoir with provisions in the deed or other conveyance that the water rights appurtenant thereto may be detached and transferred as provided herein.
41-3-108. Lands taken out of agricultural production or lands taken by eminent domain; retention of priority.
(a) Where lands are taken out of agricultural production as the necessary result of acquisitions for railroad roadbed construction, highway construction, mining or petroleum extraction operations or industrial site acquisitions or lands taken by proceedings in eminent domain or which have become impracticable to irrigate by reason of any of the foregoing conditions, the owner of an affected water right may transfer the water right to other lands held by the owner. The petition for the change in use, or change in place of use shall be properly filed within five (5) years of the date the land went out of production because of any of the conditions specified herein. Failure to file the petition within five (5) years results in forfeiture of the right except as otherwise provided.
(b) The petition for a change in use, or change in place of use, of a water right under this section shall retain its original date of priority.
(c) For a period of five (5) years after the effective date of this act, any appropriator whose land has been out of production for more than five (5) years may petition the board requesting transfer of the water rights involved. The granting or denial of a petition under these circumstances is within the discretion of the board. The decision of the board may be appealed to the district court. The board may hold public hearings in connection with a petition being considered pursuant to this section. All costs in conjunction with the hearing shall be borne by the petitioner.
41-3-110. Right to acquire temporary water rights; application; restrictions; fee.
(a) Any person shall have the right to acquire by purchase, gift or lease the right to the use of water which may be embraced in any adjudicated or valid unadjudicated water right, or any portion thereof, for a period of not to exceed five (5) years, for temporary beneficial purposes. The state engineer shall not approve a temporary transfer if it injuriously affects the water rights of other appropriators. Prior to the expiration of a temporary transfer, and upon the applicant's request, the state engineer may, in his discretion, renew temporary transfers for successive periods, with no successive period to exceed five (5) years. The total length of any temporary transfer including any extensions for the same purpose and place of use as a previous temporary transfer granted under this subsection shall not exceed ten (10) years. After the expiration of any temporary transfer of any irrigation water right, the water right shall be used for its adjudicated or permitted purpose for a period of time equal to not less than fifty percent (50%) of the period for which the temporary transfer, including any extension, was exercised before becoming eligible for any further temporary use transfers.
(b) Before any right to such use shall become operative, an application must be made in writing on a form provided or designated by the state engineer, with a copy of any conveyance or agreement provided, and it shall be filed in the office of the state engineer for his ratification and approval. Upon approval by the state engineer, an order authorizing such use and designating the method, place, and period of use may be entered. No loss, abandonment or impairment of such water rights shall occur or attach as a result of such change or use, except as provided by said conveyance or agreement and order of the state engineer, and upon termination of the temporary diversion and use, as stated in the order, any affected right to the use of water shall automatically be reinvested with all the rights, privileges and uses, and purposes theretofore held and enjoyed.
(c) Only that portion of a water right so acquired which has been consumptively used under the historical use made of the water right, may be diverted by a temporary user. In determining the consumptive use of water rights for the direct use of the natural unstored flow of any stream for irrigation purposes, the return flow from those rights shall be presumed to be fifty percent (50%). In those situations where an assumption of fifty percent (50%) return flow would be significantly in error, the state engineer shall have the prerogative of making a determination of the actual amount of return flow, and the amount of water which can be diverted for the temporary use provided herein shall be adjusted accordingly. The actual historic return flow, or the assumed return flow of fifty percent (50%) will be left in the stream for the use of downstream appropriators. The foregoing formula and procedure for the determination of consumptive use and return flow shall be limited to this section and shall have no application to any other statute of the state of Wyoming. Nothing herein contained shall be treated or construed as changing the prior use of water held by said owner or owners and as provided by the laws of the state of Wyoming.
(d) The state engineer shall assess a fee not to exceed one hundred dollars ($100.00) for his review and approval of temporary water agreements. This fee shall accompany the agreement application and shall be retained and credited to the general fund whether the agreement or request is approved or denied.
41-3-111. Right to acquire temporary water rights for
highway or railroad roadbed construction or repair; right of owner who cannot satisfy in full his right during time of diversion. The owner of any permanent water right, whether prior or subsequent in priority to that temporary right acquired by any person under this act who cannot satisfy in full his right during the time said temporary user is diverting water under its temporary water right shall have the absolute right upon demand being made upon the appropriate state water commissioner to cause such diversion to be shut off until such time as said owner's water right is satisfied, or until it is proven that the shutting down of the diversion has no effect upon owner's right.
41-3-112. Right to acquire temporary water rights for
highway or railroad roadbed construction or repair; wrongfully causing diversion to be shut down. It shall be unlawful for any person to wrongfully cause a diversion made under a temporary water right required under and by virtue of this act to be shut down. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
A supplemental supply water right is defined as a permit or certificate of appropriation for the diversion, from a stream, of water from a new source of supply for application to lands for which an appropriation of water from a primary source already exists. Such supplemental supply permits or certificates of appropriation may be allowed by the state engineer or the state board of control under such regulations or conditions as he or it may prescribe. The use and administration of presently existing rights for supplemental supply appropriations or rights for supplemental supply appropriations hereafter acquired shall hereafter be made upon the express condition that the total amount of water to be diverted at any one (1) time both under a primary appropriation of water and a supplemental supply appropriation shall not be in excess of one (1) cubic foot of water per second of time for each seventy (70) acre tract so irrigated, except that when the right to divert water under the provisions of W.S. 41-4-317 through 41-4-324, is permitted the total amount of surplus water to be diverted at any one (1) time both under a primary appropriation of water and a supplemental supply appropriation shall not be in excess of one (1) cubic foot of water per second for each seventy (70) acre tract so irrigated. Nothing herein shall be construed to apply to water stored under a reservoir permit.
41-3-114. Petition to change point of diversion or means of conveyance.
(a) Any person entitled to the beneficial use of water, whether under a permit issued by the state engineer or a certificate of appropriation issued by the board of control pursuant to W.S. 41-4-511, who desires to change the point of diversion or means of conveyance, or both, shall file a petition with:
(i) The board of control if the use of the water has been adjudicated under a certificate of appropriation;
(ii) The state engineer in all other cases. The state engineer may consider a petition even if water has not been applied to beneficial use however, any change in point of diversion granted by the state engineer shall be in the vicinity of the original diversion, and provided:
(A) The change shall not alter the original project concept; and
(B) The water shall be diverted from the same source of supply described in the original permit.
(b) Petitions for change in point of diversion shall be in affidavit form and shall set forth the name and address of the petitioner, the name of the ditch, pipeline, or other facility, the stream from which water is appropriated, the date of priority and the amount of the appropriation to be changed, permit number, ownership of appropriation, and the location of the present and the proposed new point of diversion by course and distance from a corner of the public land survey. If for irrigation, petitions shall describe the acreage irrigated in each legal subdivision, the reason for the proposed change, and state whether any other appropriator from the same source will be injured in any way, and whether the consent of all owners of intervening diversions has been obtained. The petition shall be accompanied by satisfactory evidence of ownership of the appropriation to be changed.
(c) If the petition is for a change in point of diversion and means of conveyance for all or a part of an appropriation, it shall include, in addition to the foregoing, the name, permit number and date of priority of the ditch or facility to which it is to be changed, and whether the petitioner is the sole owner of both facilities involved or has the consent of the other owners of both ditches or facilities.
(d) Such petitions shall be accompanied by maps in duplicate, one (1) of which shall be on tracing linen of a size required by the state engineer and state board of control, prepared under certificate of a registered land surveyor, and showing accurately the location of the stream, the location of the ditch or ditches involved, location of any intervening diversions, and if for irrigation, the location of the lands changed or affected by such change.
(e) In event that written consents of owners of appropriations which divert between the old and new points of diversion or the owners of ditches or facilities involved in the proposed change are not secured and attached to the petition, the petition shall be referred to:
(i) The superintendent of the water division in which the change is proposed, if the right is adjudicated; or
(ii) To the state engineer if the right is unadjudicated.
(f) The state engineer or the superintendent shall set a hearing on the petition and require the petitioner to provide thirty (30) days notice by certified mail with return receipt requested of the time and place of the hearing to any owners of appropriations which divert between the old and new points of diversion and any owners or users of ditches or facilities to be affected by the proposed change. If the state engineer or the state board of control determines that at least twenty (20) owners of appropriations or owners or users of ditches or facilities require notice of the hearing, the state engineer or the state board of control, in lieu of requiring notice by certified mail with return receipt requested, may allow the petitioner to provide notice of the hearing by regular mail and publication. Notice by publication under this subsection shall be accomplished by publishing notice for two (2) consecutive weeks in a newspaper of general circulation in the county where the new point of diversion is located. The last date of publication shall occur not less than ten (10) days and not more than thirty (30) days prior to the hearing. The petitioner shall provide the superintendent with a record of the proceedings which shall be transmitted to the state board of control with the superintendent's report. The state board of control or the state engineer may make such other regulations as may be found necessary. No petition shall be granted if the right of other appropriators will be injuriously affected. The attorney general shall represent the state board of control or the state engineer in any appeal.
(g) A decision by the state engineer granting or denying a petition under paragraph (a)(ii) of this section may be appealed to the board of control. An appeal may be taken to the district court pursuant to W.S. 16-3-101 through 16-3-115 from an order of the board of control:
(i) Affirming, modifying or reversing a decision of the state engineer appealed to the board under this subsection; or
(ii) Granting, modifying or denying a petition under paragraph (a)(i) of this section.
41-3-115. Applications for use of water outside the state.
(a) The legislature finds, recognizes and declares that the transfer of water outside the boundaries of the state may have a significant impact on the water and other resources of the state. Further, this impact may differ substantially from that caused by uses of the water within the state. Therefore, all water being the property of the state and part of the natural resources of the state, it shall be controlled and managed by the state for the purposes of protecting, conserving and preserving to the state the maximum permanent beneficial use of the state's waters.
(b) None of the water of the state either surface or underground may be appropriated, stored or diverted for use outside of the state or for use as a medium of transportation of mineral, chemical or other products to another state without the specific prior approval of the legislature. Provided, however, neither approval by the legislature nor compliance with the application procedures under subsections (m) through (r) of this section shall be required for appropriations that will transfer or use outside the state less than one thousand (1,000) acre-feet of water per year unless the applications are part of a collection of related applications or appropriations from the same source of supply for the same or similar use where the total use or transfer outside the state exceeds one thousand (1,000) acre-feet per year in aggregate. The state engineer is authorized to adopt rules and regulations necessary to carry out the provisions of this subsection.
(c) No holder of either a permit to appropriate water or a certificate to appropriate water, nor any applicant for a right to appropriate the unappropriated water of this state, may transfer or use the water so appropriated, certificated or applied for outside the state of Wyoming without prior approval of the legislature of Wyoming.
(d) Repealed by Laws 1985, ch. 4. § 1.
(e) Repealed by Laws 1985, ch. 4. § 1.
(f) Repealed by Laws 1985, ch. 4. § 1.
(g) Repealed by Laws 1985, ch. 4. § 1.
(h) Repealed by Laws 1985, ch. 4. § 1.
(j) Repealed by Laws 1985, ch. 4. § 1.
(k) Repealed by Laws 1985, ch. 4. § 1.
(m) Applications for the appropriation of water for use out of state shall be submitted to the state engineer. The application shall contain sufficient information to enable the state engineer to fully analyze the proposed appropriation. Within sixty (60) days of receipt of the application, the state engineer shall determine if the application is complete and acceptable. If the application is unacceptable, the state engineer shall notify the applicant as to what is needed so an acceptable application may be submitted.
(n) Upon determination that the application is acceptable, the state engineer shall cause to be made, at the applicant's expense, a comprehensive review of the application. The state engineer shall have no more than one hundred twenty (120) days to complete this review.
(o) Upon completion of the state engineer's review, the state engineer shall issue a preliminary analysis of the application. The analysis shall address the factors set forth in subsection (r) of this section, contain a summary of the application and any other information the state engineer deems relevant. The preliminary opinion, or a reasonable summary, shall be published, at the applicant's expense, for three (3) consecutive weeks in a newspaper of general circulation in the county where the proposed appropriation of water is located. At the conclusion of the publication period, the state engineer shall hold a public hearing, at the applicant's expense, in the county where the proposed appropriation is located.
(p) In rendering a final opinion, the state engineer shall consider all comments received at the public hearing and those received in writing within twenty (20) days of the public hearing.
(q) The state engineer shall render a final opinion and submit it to the legislature within one hundred twenty (120) days of the public hearing. The final opinion shall address all factors set forth in subsection (r) of this section and shall contain a recommendation that the legislature grant or deny the proposed out-of-state use.
(r) The legislature shall consider the proposed appropriation following receipt of the state engineer's opinion and recommendation. Notwithstanding subsections (d) through (k) of this section, legislative consent for the proposed appropriation of water for use out of the state shall be based upon consideration of the factors necessary to assure meeting the state's interests in conserving and preserving its water resources for the maximum beneficial use. Factors to be considered by the legislature shall include the following:
(i) The amount of water proposed to be appropriated and the proposed uses;
(ii) The amount of water available for appropriation from the proposed source, and the natural characteristics of the source;
(iii) The economic, social, environmental and other benefits to be derived by the state from the proposed appropriation;
(iv) The benefits to the state by the use of the water within the state that will be foregone by the proposed appropriation;
(v) The benefits presently and prospectively derived from the return flow of water in intrastate use which will be eliminated by the proposed out-of-state use;
(vi) The injury to existing water rights of other appropriators that may result from the proposed use;
(vii) Whether the use formulated and carried out promotes or enhances the purposes and policies of the state's water development plans and water resources policy, and that the use will not unreasonably interfere with other planned uses or developments for which a permit has been or may be issued;
(viii) Whether the proposed use will significantly impair the state's interest and ability to preserve and conserve sufficient quantities of water for reasonably foreseeable consumptive uses and other beneficial uses recognized by law to include but not limited to domestic, livestock, agricultural, municipal and industrial purposes;
(ix) Whether the proposed use will adversely affect the quantity or quality of water available for domestic or municipal use;
(x) Whether, to the greatest extent possible, the correlation between surface water and groundwater has been determined, to avoid possible harmful effects of the proposed use on the supply of either.
(s) Nothing in this section shall be construed to interfere with compacts, court decrees and treaty obligations.
41-3-116. Permit for watering livestock on federal land.
(a) As used in this section:
(i) "Allotment" means a designated area of federal land available for livestock grazing;
(ii) "Animal unit month" or "AUM" means the amount of forage needed to sustain one (1) cow and her calf, one (1) horse or five (5) sheep or goats for one (1) month;
(iii) "Federal agency" means the United States, the President of the United States and any department, corporation, agency or instrumentality heretofore or hereafter created, designated or established by the United States;
(iv) "Grazing permit" means a permit, lease or other document authorizing livestock to graze on an allotment;
(v) "Livestock" means as defined by W.S. 11-22-101(a)(ii) but does not include wild horses claimed by the federal government under the federal Wild Free-Roaming Horses and Burros Act, P.L. 92-195.
(b) Notwithstanding any other provision of this title regarding permits to appropriate water, any permit issued for the purposes of watering livestock on an allotment shall:
(i) Only be issued in the name of a federal agency jointly with a person or grazing association who has the right to use a grazing permit;
(ii) Be appurtenant to the allotment or land on which the livestock is watered;
(iii) Not be changed under W.S. 41-3-104 or amended under W.S. 41-4-514 without seeking the consent of the holder or holders of a valid grazing permit to graze livestock on the allotment.
(c) Any permit issued jointly in the name of a federal agency and a grazing permit holder under this section may be transferred to a different person or grazing association that receives an allotment or grazing permit on that federal land by filing for a permit assignment accompanied by documentary evidence to the state engineer's office.
(d) Notwithstanding W.S. 41-3-401, no appropriation for the purpose of livestock watering on an allotment is subject to abandonment or partial abandonment if:
(i) The nonuse is caused by, in whole or in part, a federal agency's reduction of the AUMs on the allotment; or
(ii) The nonuse is voluntary because a grazing permit holder chooses not to graze livestock on that allotment, provided that the nonuse shall not exceed five (5) successive years.
(e) Nothing in this section shall affect any livestock water right or permit held by a federal agency on or before July 1, 2022.
(a) As used in this act:
(i) "Colorado River basin" shall have the same meaning as defined in the Colorado River Compact and in the Upper Colorado River Basin Compact;
(ii) "Colorado River Compact" means the document signed on November 24, 1922, by representatives from the states of Arizona, California, Colorado, Nevada, New Mexico, Utah, and Wyoming, and codified at W.S. 41-12-301;
(iii) "Colorado River system" shall have the same meaning as defined in the Colorado River Compact and the Upper Colorado River Basin Compact;
(iv) "Conservation project" means a voluntary project approved by the state engineer that reduces consumptive use within Wyoming's portion of the Colorado River basin or that may help satisfy Wyoming's interstate compact obligations through interstate agreements or under a valid court order entered by a court of competent jurisdiction;
(v) "Consumptive use" means the depletion of water for domestic and agricultural beneficial uses as those terms are defined and referred to in the Colorado River Compact and the Upper Colorado River Basin Compact. "Consumptive use" also includes the full amount of water:
(A) Consumed in association with the production of electrical power other than hydropower;
(B) Diverted from the Upper Colorado River system for which there are no return flows to that system, including diversions outside the natural Colorado River watershed.
(vi) "Curtailment" means the curtailment of water use under the terms of the Upper Colorado River Basin Compact;
(vii) "Involuntary water use regulation" means the regulation of water rights by a Wyoming hydrographer or water commissioner as authorized by law and in accordance with established priorities or as ordered by a court of competent jurisdiction;
(viii) "Program" means the voluntary water conservation program authorized pursuant to this act;
(ix) "Upper Colorado River Basin Compact" means the document signed on October 11, 1948, by representatives from the states of Arizona, Colorado, New Mexico, Utah, and Wyoming, and codified at W.S. 41-12-401;
(x) "Upper Colorado River Commission" means the administrative agency created by article VIII of the Upper Colorado River Basin Compact;
(xi) "This act" means W.S. 41-3-117 through 41-3-119.
(b) This act shall be known and may be cited as the "Voluntary Water Conservation Program Act".
41-3-118. Conservation project applications and approval; sunset.
(a) Any person with a right to beneficially use water under a valid water right that diverts water from within Wyoming's portion of the Colorado River basin may apply to the state engineer for approval of a conservation project. Conservation project applications submitted under this section shall be in writing and filed in the office of the state engineer on a form provided by the state engineer. Conservation project applications may include multiple water rights and multiple appropriators, and shall be accompanied by any information that the state engineer may require. If the applicant is not the owner of the applicable water right, the applicant shall provide written consent from the water right owner.
(b) For the purpose of providing notice of the program and of conservation project applications to water right owners and other interested persons, the state engineer shall provide the opportunity for water right owners and other interested persons to request notice of conservation project applications by regular mail or by electronic means. Any person requesting notice of conservation project applications under this subsection shall identify the water district or districts for which their request applies and shall provide a valid mailing or email address.
(c) The state engineer shall publish notice of each conservation project application filed under subsection (a) of this section on the state engineer's website and shall provide the regular mail or electronic notice required under this section not less than thirty (30) days before the state engineer issues a decision on the application. The state engineer shall provide notice of each conservation project application to all persons who have requested notice of applications within that water district and have provided a valid mailing or email address. Additionally, not less than thirty (30) days before the state engineer issues a decision on any conservation project application that proposes to forgo the diversion and use of water for irrigation, the applicant shall certify to the state engineer that the applicant made a good faith effort to provide notice of the conservation project by personal contact or regular mail to all owners of land adjacent to conservation project lands and any contiguous lands owned by the applicant. The certification shall include a list that identifies all adjacent landowners that were notified by the applicant. The owners of valid water rights whose water rights may be injured by the proposed conservation project, and any person who may be aggrieved or adversely affected in fact by a conservation project, may provide written comments to the state engineer not more than thirty (30) days following the notice required by this subsection.
(d) The state engineer shall review each application submitted under this section and any written comments that are received under this section and shall approve only those conservation project applications that are in compliance with the requirements of this section and the state engineer's regulations. The refusal or approval of an application for a conservation project in accordance with this section 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 by regular mail. Approved applications shall also be posted to the state engineer's website.
(e) The state engineer shall not approve a conservation project application if the proposed conservation project will injuriously affect the water rights of other appropriators and will not:
(i) Result in the reduction of historic consumptive use; or
(ii) Help satisfy Wyoming's interstate compact obligations through interstate agreements or under a valid court order entered by a court of competent jurisdiction.
(f) The state engineer may refuse any conservation project application that appears to be detrimental to the public interest or that appears to provide for or aid in the interstate marketing of water. The state engineer may approve a conservation project subject to any conditions or limitations that the state engineer determines are necessary, including any conditions or limitations to mitigate any local water impacts that a conservation project may cause.
(g) Approved conservation projects shall not cause the regulation of any other Wyoming water right by the state of Wyoming. However, if an approved conservation project is located on a source of supply that is being regulated by a water commissioner under W.S. 41-3-606, the water commissioner may prevent headgates of all downstream diversions that are subject to the regulation from that source of supply from diverting and using any water conserved by the conservation project during the period of time the source of supply is being regulated.
(h) The state engineer shall not approve a conservation project application unless the applicant demonstrates a recent history of consumptive use made under the applicant's water right or the conservation project helps satisfy Wyoming's interstate compact obligations through interstate agreement or otherwise. A recent history of consumptive use means consumptive use made under the applicant's water right in not less than three (3) of the five (5) years preceding the application. To determine the historic consumptive use made under a water right, the state engineer may utilize the methods adopted by the Upper Colorado River Commission. For any conservation project where the state engineer determines that alternative methods may be better suited to determine the historic consumptive use, including methods to estimate consumptive use incident to the diversion, impounding and conveyance of water, the state engineer shall have the discretion to use those alternative methods. The methods and procedures for determining historic consumptive use under this subsection shall not have application to any other statute of the state of Wyoming.
(j) The state engineer shall not approve any conservation project application, without the written consent of the district, that includes water rights that are appurtenant to lands within:
(i) An irrigation district;
(ii) A conservancy district; or
(iii) A watershed improvement district.
(k) For any conservation project that proposes to temporarily forego the diversion and use of the direct natural flow of water for irrigation purposes, the total period of the conservation project approved under this section shall not exceed five (5) consecutive years. After the expiration of a conservation project approved under this section that participated in the program for not less than two (2) and not to exceed five (5) consecutive years, the water right shall be used for its adjudicated or permitted purpose for a period of not less than two (2) years before becoming eligible for any further participation in the program. This subsection shall not apply to approved conservation projects that forego the diversion and use of the direct natural flow of water for irrigation purposes that also achieve long-term reductions of consumptive use through irrigation system improvements.
(m) No loss, abandonment or impairment of any water rights involved in an approved conservation project shall occur or attach as a result of the conservation project. Upon termination of the conservation project, the water right holder's rights, privileges, uses and purposes held under the original appropriation shall be automatically reinvested.
(n) Any appeal of the state engineer's endorsement upon a conservation project application shall be made in the following manner:
(i) Any applicant who is aggrieved by the endorsement made by the state engineer upon his application may appeal the action of the state engineer to the board of control within thirty (30) days after service by regular mail of the notice of rejection of the application;
(ii) Any owner of a valid water right whose water right will be injuriously affected by the state engineer's approval of a conservation project may appeal the action of the state engineer to the board of control not later than thirty (30) days after the notice of approval of the conservation project is posted on the state engineer's website pursuant to subsection (d) of this section;
(iii) Pursuant to an appeal under paragraph (i) or
(ii) of this subsection, the board of control shall appoint a hearing officer and conduct a contested case hearing in accordance with its rules and regulations and the Wyoming Administrative Procedure Act. The decision of the board of control shall be subject to judicial review under W.S. 16-3-114;
(iv) Any person not entitled to an appeal under paragraph (i) or (ii) of this subsection and who is aggrieved or adversely affected in fact by the state engineer's approval of a conservation project may seek judicial review of the state engineer's action pursuant to W.S. 16-3-114. Judicial review shall be sought within thirty (30) days after the notice of approval of the conservation project is posted on the state engineer's website pursuant to subsection (d) of this section.
(o) Conservation project applications or approved conservation projects under this section shall not be considered or construed as applications for use of water outside of the state of Wyoming, or transfers of use of water outside the state of Wyoming, for purposes of W.S. 41-3-115.
(p) The state engineer shall assess a fee not to exceed fifty dollars ($50.00) for the review of conservation project applications under this section. This fee shall accompany a conservation project application and shall be retained and deposited whether the application is approved, refused or withdrawn.
(q) Information provided by an applicant or included as part of a conservation project under this act shall not be subject to W.S. 16-4-203(d)(xiv).
(r) No new conservation project shall be authorized under this section on or after July 1, 2032.
(a) The state engineer and the Wyoming water development office are hereby authorized to pursue the ability to store water conserved under the program in Fontenelle Reservoir. The state engineer and Wyoming water development office are further authorized, in a manner consistent with contracts entered into with the United States Bureau of Reclamation, to store or facilitate the storage of conserved water in Fontenelle Reservoir.
(b) Conserved water stored in any reservoir under this section shall only be released for one (1) or more of the following purposes:
(i) Beneficial consumptive use within the state of Wyoming through direct delivery or exchange;
(ii) Mitigating the impacts of curtailment or involuntary water use regulation on Wyoming water right holders;
(iii) Helping to satisfy any portion of Wyoming's interstate compact obligations through interstate agreements or otherwise, including participating in an Upper Colorado River basin program.
(c) The state engineer is hereby authorized to investigate other reservoirs located within Wyoming's portion of the Colorado River basin and assess their suitability for the storage of water conserved under the program. For any reservoir found to be suitable for the storage of water conserved under the program the state engineer is further authorized, in a manner consistent with contracts entered into with the reservoir owner, to store or facilitate the storage of conserved water in such reservoir.
All that part and amount of the waters of an interstate stream which, unless prevented by artificial barrier, will enter the state of Wyoming from another state while flowing in a natural stream channel, and which have been, or may hereafter be, determined by final decree of the supreme court of the United States not to be available for diversion and application to beneficial use within the state of Wyoming, or other waters originating outside of the state of Wyoming, and which neither the state of Wyoming nor any Wyoming appropriator could divert and use as against another state or appropriators therein, the rights to which through purchase, exchange or negotiation are acquired by anyone for beneficial use in the state of Wyoming, and which are conveyed, imported or permitted to flow into the state of Wyoming through the channel of any natural stream, or otherwise, are, for the purposes of this act, hereby defined as "foreign water".
Anyone may lawfully acquire by purchase or through other negotiations entered into with the owner of a water right in another state or with such other state or with both such owner and state, the right to bring into Wyoming for beneficial use all or any portion of the stream flow of foreign water, as herein defined, arising without the boundaries of the state of Wyoming and flowing into this state.
The owner of the right of beneficial use of any foreign water acquired for beneficial use within the state of Wyoming may transport the same in the natural channel of any interstate stream from the state boundary line to the point in the state of Wyoming where the owner of such water desires to divert and take same from said natural stream channel, and shall have the right to divert and take from said natural stream channel, the full quantity of the foreign water which the owner thereof shall have caused to be delivered into the channel of such natural stream at the state boundary line, less that quantity of foreign water only representing loss in the transportation thereof from the state boundary line to the point of diversion in the state of Wyoming.
It is hereby made the duty of the Wyoming state engineer, water division superintendents, water commissioners and deputy water commissioners, to supervise the delivery of such foreign water from the state boundary line where it enters the state of Wyoming in a natural stream channel, to the point of diversion in Wyoming; any additional expense of this supervision shall be borne by the owners of such foreign water as decided by the water officials of the state of Wyoming.
41-3-205. Rights of owner; priority of claims; subject to appropriation and diversion.
The owner of foreign water is hereby declared to have the exclusive right of beneficial use of such foreign water either for immediate application to beneficial use or by impounding the same in a reservoir for future application to beneficial use, as against any claim or right to appropriate any water belonging to the state of Wyoming, and against the right of any Wyoming appropriator to divert water from said interstate stream for beneficial use in Wyoming. All foreign water conveyed or allowed to flow into the state of Wyoming is hereby declared not to be subject to appropriation in Wyoming and not to be subject to diversion under any Wyoming appropriation notwithstanding the same shall flow in the channel of any natural stream within this state and notwithstanding the same may be commingled with the waters in such stream channel owned by the state of Wyoming or by appropriators under the laws of Wyoming.
The owner of any foreign water conveyed or allowed to flow into the state of Wyoming from without the boundaries of this state shall file in the office of the secretary of the Wyoming state board of control, within the period of one (1) month before the first conveyance or flowage of such foreign water into the state of Wyoming, a certificate in writing, signed by the owner of such foreign water, specifying the former owner or owners of such foreign water, the amount thereof so acquired, the natural stream channel to be used in the state of Wyoming as a conduit for the delivery of such foreign water to the point of diversion in the state of Wyoming and also designating the point of diversion of such foreign water in the state of Wyoming.
41-3-207. Rights of owner; right to divert and use.
The owners of foreign water may divert and use in priority order, all available water in said stream channel to which such owner may be lawfully entitled under any Wyoming appropriation to the same extent and under the same conditions as if such owner had not acquired any such foreign water.
It shall be unlawful for anyone not the owner thereof to divert and take from the natural channel of any interstate stream designated by the certificate required in W.S. 41-3-206 flowing within the state of Wyoming, any foreign water or in any manner interfere with the ability of the owner of foreign water to transport the same in the natural stream channel in Wyoming to the point of diversion and to divert the same thereat. Any violation of this section shall be punishable pursuant to W.S. 41-3-616.
41-3-209. Change of point of diversion; power to petition generally.
Any person, association or corporation having heretofore acquired a right from an adjoining state to the beneficial use of the water of any stream, entering the state of Wyoming and where the point of diversion of the appropriation is located in the adjoining state and the ditch irrigates land within the state of Wyoming, and who desires to change the point of diversion from said stream from within the adjoining state to a point within the state of Wyoming, shall petition therefor to the state board of control.
41-3-210. Change of point of diversion; contents of petition.
All petitions for such change of point of diversion shall be made to the state board of control setting forth the acreage in each legal subdivision of land irrigated, with the total acreage, together with a map, showing the location of the stream, the ditch, the old and new points of diversion, the new point of diversion in Wyoming to be tied to the nearest corner of the public land survey; the nature and extent of the irrigation works, their size, capacity, and length, and a certified copy of the proceedings had before the proper board, officer, or court, which has authority in the adjoining state to adjudicate water rights; amount of water adjudicated, the land for which the same was adjudicated; the date of priority, the date of adjudication, showing the existence of a valid water right, and that the same is in full force and effect.
41-3-211. Change of point of diversion; endorsement and recording of petition.
Upon receipt of the petition by the board of control, it shall be the duty of the president of said board to make an endorsement thereon of the date of its receipt, and to properly record receipt of the petition.
It shall be the duty of the board of control at its next regular meeting following the receipt of such petition to examine same and ascertain if it sets forth all the facts required by W.S. 41-3-210, and the validity of the water right granted by the adjoining state. Upon it being made to appear to the satisfaction of the board of control that the requirements of law and the regulations of the board have been complied with and that the petitioner is entitled to make the proposed changes, the said petition shall be referred to the division superintendent of the proper water division for a public hearing to be held not later than one hundred and twenty (120) days, following the date so referred. The said superintendent shall, by order, require all persons interested to appear on said certain day to show cause why the petition should not be granted. The said order shall be published for four (4) consecutive weeks in a newspaper having general circulation in the county where the proposed change of point of diversion is located; provided, that the consent of all owners of intervening diversions be secured, or that those not secured shall be notified by registered mail at least thirty (30) days prior to the hearing date. Any party who may claim injury on account of said proposed change of point of diversion shall have the right to appear before the superintendent at the public hearing as ordered, and present evidence in support of said claim. The evidence of such hearing shall be confined to the subjects enumerated in the notice for hearing. Upon completion of the taking of testimony in such hearing, it shall be the duty of the division superintendent to transmit same to the office of the board of control together with a written report setting forth the procedure followed and the results accomplished. At the next regular meeting, the board shall consider the evidence transmitted and enter a proper order either granting or denying the petition.
41-3-213. Change of point of diversion; rights of applicant upon approval; certificate of appropriation.
The approval of the petition shall grant to the applicant the same right in all respects as existed under the laws of the adjoining state as to land to be irrigated, amount of water, and date of priority, as fully as though the water right had originally been acquired from the state of Wyoming. No direct flow appropriation shall be recognized under this act for an amount of water in excess of the statutory limit of one (1) cubic foot per second for each seventy (70) acres of land irrigated. The board of control shall issue a certificate of appropriation to applicants under this act, and the fee for issuing it shall not exceed fifty dollars ($50.00).
41-3-214. Change of point of diversion; fees and costs.
The applicant shall pay the statutory fee for a stenographer to take the testimony at each hearing, and provide for a stenographic record of the proceedings, and in addition the administrative costs of the hearing official and the necessary recording fee to record the order issued by the board, as hereinabove provided, in the office of the county clerk of the county in which the change of point of diversion is situated.
41-3-215. Change of point of diversion; appeal from adverse decision.
Any applicant or person interested, feeling himself aggrieved by the decision of the board of control may appeal from said decision to the district court in the county in which said point of diversion is proposed to be located in the same manner and by the same procedure as set forth in W.S. 41-4-517, or amendments thereto.
41-3-301. Application for reservoir construction permit; contents; procedure.
(a) Any person, corporation, association, or organization, of any nature whatsoever, hereafter intending to store or impound, for beneficial uses, any of the unappropriated waters of the state of Wyoming, shall, before commencing construction of any works for such purpose, or performing any work in connection with said proposed construction, make an application to the state engineer, for a permit to construct a reservoir. The application must set forth the name 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 work; the time within which it is proposed to begin construction, and the time required for the completion of construction. Maps and plans shall conform with the provisions of W.S. 41-4-510. In case of reservoirs where the storage is for stock purposes only and the capacity does not exceed twenty (20) acre-feet and the height of dam does not exceed twenty (20) feet, the state engineer may issue a permit without the filing of a map; however the state engineer may require certain information be submitted on special forms to be furnished or designated by him. Any violation of subsection (a) of this section shall be punishable pursuant to W.S. 41-3-616 with the exception that the owner of any unpermitted reservoir with a capacity of twenty (20) acre-feet or less and a dam height of twenty (20) feet or less shall have forty-five (45) days after receipt of the written notice of violation pursuant to W.S. 41-3-616(a), to submit an application for a permit. The application shall meet the requirements of the state engineer's office. Each day of the forty-five (45) days shall not be counted as a separate violation if the application for a reservoir permit is received during this forty-five (45) day period.
(b) For reservoir permits issued in conjunction with the national pollutant discharge elimination system (NPDES) for mining operations, the state engineer shall promptly review the application and advise the applicant in writing if it is complete, within thirty (30) days. If the application is complete, or is resubmitted to the satisfaction of the state engineer, it shall be approved or denied within forty-five (45) days of this determination:
(i) For the purpose of this subsection "complete" means that the application contains all the essential and necessary elements and is acceptable for further review for substance and compliance with the provisions of this chapter.
41-3-302. Application for construction permit; conditions; secondary permit; certificate of appropriation.
All applications under this article shall be subject to the provisions of W.S. 41-4-502 through 41-4-510, 41-4-517 and 41-3-615, which set forth the duties and authority of the state engineer and provide for the protection of the rights of applicants; provided that an enumeration of any lands proposed to be irrigated under this article shall not be required in the primary permit, provided, further, that any party or parties desiring to appropriate such stored water to particular lands may file with the state engineer an application for permit to be known herein as the secondary permit, in compliance with the provisions of W.S. 41-4-501 through 41-4-510 and 41-4-517. In the event secondary permit may be desired, said application shall refer to such reservoir for a supply of water and the state engineer shall not approve of said application and issue secondary permit until the applicant thereunder shall show to such state engineer by documentary evidence that he has entered into an agreement with the owners of the reservoir for a permanent and sufficient interest in said reservoir to impound enough water for the purposes set forth in said application. When beneficial use has been completed and perfected under the said secondary permit the division superintendent shall take the proof of the water user under such permit and the final certificate of appropriations shall refer to both the ditch described in the secondary permit and the reservoir described in the primary permit.
The use of water stored under the provisions of this chapter may be acquired under such terms as shall be agreed upon by and between the parties in interest. Lands entitled to the use of water in any reservoir may use the water stored therein, and to which they are entitled, at such times and in such amounts as the water users may elect, provided that a beneficial use of water is made at all times.
Whenever the owner, manager or lessee of a reservoir, constructed under the provisions of this act, shall desire the use of the bed of the stream, or other water course, for the purpose of carrying stored or impounded water from the reservoir to the consumer, or shall desire the use of any ditch to carry, convey or transmit any of the stored or impounded water for the benefit of any person having the right to have the reservoir water carried, conveyed or transmitted through the ditch under the laws of this state, he shall, in writing notify the water commissioner of the district in which the stored or impounded water is to be used, giving the date when it is proposed to discharge water from the reservoir, its volume in acre feet and the names of all persons and ditches entitled to its use, and other matters as may be necessary to properly distribute the water. It shall then be the duty of the water commissioner to so adjust the headgates of all ditches of ditch companies or appropriators from the stream or water course, and the division boxes of individual consumers of water, not entitled to the use of the stored water, as will enable those having the right to secure the volume of water to which they are entitled. The commissioner shall not in any other manner interfere with the headgates or division boxes, except as otherwise provided by law. The water commissioner shall keep a true and just account of the time spent by him in the discharge of his duties as defined in this section, and it shall be the duty of the water commissioner or division superintendent to present a bill of one-half (1/2) the expense so incurred to the reservoir owner, manager or lessee, and if the owner, manager, or lessee shall neglect for three (3) days, after the presentation of the bills of costs, to pay the costs, the costs shall be made a charge upon the reservoir and shall be collected as delinquent taxes until the complete payment of the bill of costs has been made. Costs recovered under this section shall be paid into the general fund.
The holder or owner of an adjudicated water right to the direct use of the natural unstored flow of any surface stream of the state may store such direct flow so long as no other Wyoming appropriator or user is injured or affected thereby. Prior to the commencement of the storage of water under a direct flow water right, the appropriator shall submit a request for such storage in writing to the state engineer and shall obtain the approval of the state board of control. The state board of control may permit storage at any time so long as there is no interference with existing water rights or uses. The state engineer is authorized and empowered to prescribe such rules and regulations as may be necessary or desirable to enable him to effectively administer the provisions of this section.
In the administration of water rights on any stream and in the consideration of any applications for permits, the state engineer may require that water be provided to meet reasonable demands for instream stock use.
41-3-307. Alterations or repairs of dams or diversion systems; definitions.
(a) As used in this act unless the context otherwise requires:
(i) "Alterations" or "repairs" means only such alterations or repairs as may directly affect the safety of the dam or diversion system, as determined by the state engineer or his designated representative;
(ii) "Appurtenant works" include, but are not limited to, such structures as spillways, either in the dam or separate therefrom, the reservoir and its rim, low level outlet works, and water conduits such as tunnels, pipelines or penstocks, either through the dam or its abutments;
(iii) "Dam" means any artificial barrier, including appurtenant works, used to impound or divert water and which is or will be greater than twenty (20) feet in height or with an impounding capacity of fifty (50) acre-feet or greater. "Dam" shall not include artificial barriers including appurtenant works:
(A) Six (6) feet in height or less, regardless of storage capacity; or
(B) Which impound less than fifteen (15) acre-feet, regardless of height.
(iv) "Days" used in establishing deadlines means calendar days, including Sundays and holidays;
(v) "Diversion system" means any channel diversion, headgate or diversion structure with a carrying capacity in excess of fifty (50) cubic feet of water per second of time;
(vi) "Emergency" means any threat to life or property caused by the condition of any dam, reservoir or diversion system, or by present or imminent floods which threaten the safety or structural integrity of any dam or diversion system;
(vii) "Emergency response agency" means any agency which the dam owner may be required to notify in case of an emergency, such as sheriff's office, highway patrol or local emergency coordinator;
(viii) "Enlargement" means any change in or addition to an existing dam or reservoir which raises or may raise the water storage elevation of the water impounded by the dam;
(ix) "Inspection" means visual or mechanical checks, measures, borings and any other methods necessary for determination of the adequacy of construction techniques, conformity of work with approved plans and specifications, and the safety and operating performance of a dam or diversion system and appurtenant works;
(x) "Owner" includes any of the following who own, control, operate, maintain, manage or propose to construct a dam or reservoir:
(A) The state and its departments, institutions, agencies and political subdivisions;
(B) Every municipal or quasi-municipal corporation;
(C) Every public utility;
(D) Every district;
(E) Every person;
(F) The federal government and its departments, institutions, agencies and political subdivisions;
(G) The duly authorized agents, lessees or trustees of any of the foregoing; and
(H) Receivers or trustees appointed by any court for any of the foregoing.
(xi) "Person" means any person, firm, association, organization, partnership, business trust, corporation or company;
(xii) "Reservoir" means any basin which contains or will contain impounded water;
(xiii) "This act" means W.S. 41-3-307 through 41-3-317.
41-3-308. Alterations or repairs of dams or diversion
systems; plans and specifications; duties of state engineer.
(a) Plans and specifications of any proposed construction, enlargement, major repair, alteration or removal of a dam or diversion system shall be prepared by or under the direction of a registered professional engineer licensed to practice in the state of Wyoming and experienced in dam design and construction, and shall be submitted to the state engineer for approval. It is unlawful to commence construction, enlargement, major repair, alteration or removal until the plans and specifications have been approved by the state engineer. At the request of the state engineer, the professional engineer responsible for the plans and specifications shall carry out any revisions of the plans and specifications or provide such additional information as is necessary to justify or clarify the design.
(b) A copy of all plans and specifications submitted under this section shall be kept on file in the state engineer's office.
(c) In the event that a proposed dam or diversion system is related to a facility which requires an industrial siting permit pursuant to W.S. 35-12-106:
(i) The plans and specifications of the proposed dam or diversion system shall be submitted to the state engineer at the same time that the application for an industrial siting permit is submitted to the industrial siting administration [industrial siting council] pursuant to W.S. 35-12-108;
(ii) The state engineer shall approve or reject the plans and specifications of the proposed dam or diversion system prior to the public hearing conducted pursuant to W.S. 35-12-110(f)(i);
(iii) The approval or rejection of the plans and specifications of the proposed dam or diversion system shall be binding on the industrial siting council for the purposes of issuing an industrial siting permit.
(d) The state engineer shall provide for the regulation and supervision of all dams, diversion systems and reservoirs by the state to the extent required to protect the public safety and property. The state engineer is authorized and directed to promulgate regulations and standards for the design, construction, enlargement, alteration, abandonment, maintenance, monitoring, operation, repair and removal of dams, reservoirs, and diversion systems as are necessary and proper to carry out the purposes of this act. The state engineer may waive any or all of the requirements of this act in instances where the dam or diversion system is located in a remote area where there is no threat to the public safety or property.
41-3-309. Alterations or repairs of dams or diversion
systems; inspections performed and reports submitted to state engineer by professional engineer.
(a) A registered professional engineer licensed to practice in the state of Wyoming shall be in charge of and responsible for the construction, enlargement, major repair, alteration or removal of any dam or diversion system.
(b) The engineer in charge shall provide for inspections at such intervals as deemed necessary to insure conformity with the approved plans and specifications, either by himself or by a person qualified to perform the inspections and for whose work the engineer stands personally responsible.
(c) All information obtained from, during or as the result of such inspection shall be made part of a report, certified to by the engineer in charge, which shall be submitted to the state engineer at such time or times as may be set by the state engineer.
(d) All reports submitted under this section shall be filed in the state engineer's office.
41-3-310. Alterations or repairs of dams or diversion
systems; inspections by state engineer or assistant engineer; cost.
(a) If the state engineer believes that inspections carried out under W.S. 41-3-309 are inadequate or that additional inspections are necessary, the state engineer may inspect personally or appoint an assistant engineer to inspect the construction, enlargement, repair, alteration or removal of any dam or diversion system. If after any inspection the state engineer or his representative finds that amendments, modifications or changes are necessary in order to insure the security and integrity of the work and structure, the protection of property or the public safety, the state engineer may order the owner or owners of the dam or diversion system to revise the plans and specifications, or order work stopped. It is unlawful to proceed with or continue the work until any revisions have been approved by the state engineer.
(b) Any inspections required by this section shall be made at state expense, provided the assistant engineer performing such inspections is an employee of the state of Wyoming.
(c) If the assistant engineer is not a regular employee of the state of Wyoming, inspections shall be made at the expense of the owner. The owner shall be furnished with an estimate of the cost prior to performance of any inspections, but the state engineer is not precluded from collecting any or all additional costs which result from performance of the inspections. Costs to be paid by the owner shall include, but are not limited to, all work or tests as are necessary to fully provide any information and data required by the state engineer or his appointed representative. If the owner refuses or neglects to turn over the funds within thirty (30) days, after the presentation of the bill of costs, the costs shall constitute a lien upon the works or other properties of the owner or owners and may be collected by appropriate action in any court of competent jurisdiction. In order to have a valid, enforceable lien under this section, a lien statement sworn to before a notarial officer shall be filed by the claimant with the county clerk of the county in which the property is located. The county clerk shall file the statement and index by date, name of claimant and property owner, and by legal description. The lien statement shall contain the following:
(i) The name and address of the governing body seeking to enforce the lien;
(ii) The name and address of the person against whose property the lien is filed; and
(iii) The legal description of the property to which the lien attaches.
(d) All funds paid by the owner to the state engineer shall be deposited in the state engineer's holding account from which account the costs incurred as a result of any inspections or other work deemed necessary under this section shall be paid. Any funds not so expended shall be returned to the person or persons advancing the funds.
41-3-311. Alterations or repairs of dams or diversion systems; periodic inspections.
(a) Any dam subject to the terms of this act shall be inspected at least once every ten (10) years or as often as deemed necessary based on the hazards of the dam to insure the continued protection of public safety and property.
(b) Inspections referred to in subsection (a) of this section shall be performed by the state engineer or his appointed representative who shall have right of entry upon private or government lands and is authorized to inspect the owner's technical data and other documentation as may be necessary to perform these inspections. All information obtained as a result of the inspections shall be filed in the state engineer's office.
(c) Inspections required under this section shall be made at state expense except as provided in W.S. 41-3-312 when a dam, reservoir or diversion system is found to be unsafe by the state engineer.
(d) If inspections performed under this section disclose defects in the works which in the judgment of the state engineer or his authorized agent constitute a threat to life or property, the state engineer may, without incurring any liability, order the draining of any reservoir involved, or the limitation or cessation of its use or the use of any defective works until such time as the owner of the reservoir or other works returns the works to a safe condition as approved by the state engineer.
41-3-312. Alterations or repairs of dams or diversion
systems; inspections at other than regular times; cost; unsafe structures.
(a) The state engineer may, or upon written request from any person or persons residing on or owning land near any dam, reservoir or diversion system shall, order an inspection of those works at any time other than the time set for regular inspections as provided for in W.S. 41-3-311(a). Before ordering an inspection, the state engineer may require any person or persons requesting the inspection to deposit a sum of money sufficient to pay the expenses of the inspection into the state engineer's holding account. If after the inspection the dam, reservoir or diversion system is determined to be in a safe and usable condition, the state engineer may cause the whole or part of the expenses of the inspection to be paid out of the state engineer's holding account. Any excess funds shall be returned to the person or persons advancing the funds.
(b) If the dam, reservoir or diversion system is found to be defective, any funds deposited by the person or persons requesting the inspection shall be returned and the state engineer may require the person or persons owning the dam, reservoir or diversion system in question to pay the whole or any part of the expenses of inspection. If the state engineer requires a payment, he shall present a bill of costs to the owner or owners, and if the owner or owners refuse or neglect to pay the costs within thirty (30) days after the presentation of the bill of costs, the costs shall constitute a lien upon the works or other properties of the owner or owners and may be collected by appropriate action in any court of competent jurisdiction. If the inspection discloses defects in the works which in the judgment of the state engineer or his authorized agent constitute a threat to life or property, the state engineer may, without incurring any liability, order the draining of any reservoir involved, or the limitation or cessation of its use or the use of any defective works until such time as the owner of the reservoir or other works returns the works to a safe condition as approved by the state engineer. The lien shall be filed as provided by W.S. 41-3-310(c).