Section 41-4-101 – Legal Standard of Measurement.
41-4-101. Legal standard of measurement. A cubic foot of water per second of time shall be the legal standard for the measurement of water in this state, both for the purpose of determining the flow of water in natural streams, and for the purpose of distributing water therefrom.
Section 41-4-102 – Copies of Records as Evidence.
41-4-102. Copies of records as evidence. Copies of papers, books, records and maps, on file and deposited by virtue of any law, in the office of the state engineer or state board of control, and certified by the state engineer or secretary of the state board of control, shall be competent evidence in the courts […]
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 41-3-1008 – 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 41-3-1002 – Instream Flows to Be by Stream Segment; Waters for Instream Flows May Be Sold, Transferred or Otherwise Conveyed Under Certain Restrictions; Ownership Restricted.
41-3-1002. Instream flows to be by stream segment; waters for instream flows may be sold, transferred or otherwise conveyed under certain restrictions; ownership restricted. (a) All waters used for the purpose of providing instream flows shall be applied only to that segment of the stream for which they are granted. The stream segment and the […]
Section 41-3-1003 – Game and Fish Commission; Construction of Measuring Devices; Recommendations; Permits; Fees and Costs.
41-3-1003. Game and fish commission; construction of measuring devices; recommendations; permits; fees and costs. (a) The game and fish commission shall construct any measuring device the state engineer considers necessary for the administration of an instream flow right. (b) The state game and fish commission may report to the water development commission annually those specific […]
Section 41-3-1004 – Water Development Commission to Determine Storage Feasibility; Report to the Game and Fish Commission and the Legislature.
41-3-1004. Water development commission to determine storage feasibility; report to the game and fish commission and the legislature. (a) Immediately after permits have been applied for under W.S. 41-3-1003(c), the water development commission shall determine the feasibility of providing instream flows for the recommended segments of streams from unappropriated direct flows or from existing storage […]