Section 41-3-1011 – Abandonment.
41-3-1011. Abandonment. No right to water for the purposes of providing instream flow may be acquired through the process of abandonment nor shall any beneficiary of instream flow rights granted under this act be qualified under W.S. 41-3-401 and 41-3-402 to file for abandonment.
Section 41-3-1012 – Ingress and Egress.
41-3-1012. Ingress and egress. Nothing in this act shall grant, nor shall it be construed to grant the right of ingress or egress through or upon private property to reach streams where instream flows are maintained, nor shall it operate or be so construed as to grant any right of eminent domain to acquire the […]
Section 41-3-1013 – Condemnation for Municipal Water Purposes.
41-3-1013. Condemnation for municipal water purposes. Notwithstanding W.S. 1-26-505, a city or town may condemn any portion of a water right authorized and acquired under this act for municipal water purposes in the manner provided by law.
Section 41-3-1014 – Interstate Compact and United States Supreme Court Decree.
41-3-1014. Interstate compact and United States supreme court decree. Nothing in this act shall be construed to supersede, impair or abrogate the right of the state of Wyoming to fully utilize and appropriate to consumptive beneficial use, those quantities of water allocated to the state of Wyoming by interstate compact or United States supreme court […]
Section 41-3-1008 – Regulation of Streams.
41-3-1008. Regulation of streams. (a) The game and fish commission shall report to the water development commission the need to regulate a stream to protect the priority of an instream flow right. The report shall include information establishing present or future damage to the fishery if the stream is not regulated. The commission, on the […]
Section 41-3-1009 – Statement Regarding Condemnation and Impairment of Existing Water Rights.
41-3-1009. Statement regarding condemnation and impairment of existing water rights. This act does not grant, nor shall it operate or be so construed to grant the power of condemnation to the game and fish department for acquisition of existing water rights for the purpose of providing instream flows, nor shall it operate or be so […]
Section 41-3-1010 – Litigation Costs.
41-3-1010. Litigation costs. If any other appropriator in a drainage where waters are allowed for instream flows proves in district court that his right to use appropriated waters has been impaired or diminished by the allowance for instream flows, the costs of litigation, including reasonable attorney fees, shall be borne by the holder of the […]
Section 41-3-1005 – Approval of Storage Project.
41-3-1005. Approval of storage project. If the water development commission determines that storage of water to provide instream flows is feasible and in the interest of the state of Wyoming, it shall request authority from the legislature to proceed with the design and construction of storage facilities and the storage of sufficient water for such […]
Section 41-3-1006 – Appropriation of Unappropriated Waters for Direct Instream Flows.
41-3-1006. Appropriation of unappropriated waters for direct instream flows. (a) Any application for a permit to appropriate direct flow waters for the purpose of providing instream flows shall be by stream segment, as defined in W.S. 41-3-1002. (b) If the water development commission, under W.S. 41-3-1004, determines that storage of water for the purpose of […]
Section 41-3-1007 – Acquisition of Existing Rights for Instream Flow Purposes.
41-3-1007. Acquisition of existing rights for instream flow purposes. (a) The state of Wyoming may acquire any existing water rights in streams of Wyoming by transfer or gift for the purpose of providing instream flows, provided that a change in use of the right acquired shall be in accordance with W.S. 41-3-104. Any right acquired […]