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 […]
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 […]
41-3-303. Use of stored water. 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 […]
41-3-304. Use of bed of stream. 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 […]
41-3-305. Direct flow storage. 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 […]
41-3-306. Instream stock use. 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 […]
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 […]
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. […]
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, […]
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) […]
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 […]
41-3-313. Alterations or repairs of dams or diversion systems; outlets; maintenance; draining by breaching. (a) All dams and reservoirs hereafter constructed, with or without a controlled inlet, shall contain an outlet controlled by a headgate or other control works. The headgate or control works shall be maintained in an operable condition at all times and […]
41-3-314. Alterations or repairs of dams or diversion systems; emergency repairs or breaching. (a) In case of an emergency where the state engineer or his authorized representative declares that repairs or breaching of a dam or diversion system are immediately necessary to safeguard life and property, the necessary repairs or breaching shall be started immediately […]
41-3-315. Alterations or repairs of dams or diversion systems; enforcement of provisions. For any reservoir the state engineer may enforce any sections of this act in such manner and by such means as may be necessary to insure the safety of the public and protection of property.
41-3-316. Alterations or repairs of dams or diversion systems; actions brought against state, state engineer or employees prohibited. (a) No action shall be brought against the state or the state engineer or any of his agents or employees for the recovery of damages caused by the partial or total failure of any dam, reservoir or […]
41-3-317. Alterations or repairs of dams or diversion systems; liability of owners. Nothing in this act shall be construed to relieve an owner or owners of any reservoir, dam or diversion system of any legal duties, obligations or liabilities incident to their ownership or operation of or any damages resulting from the leakage or overflow […]
41-3-318. Penalties, cancellation of permit, for failure to comply with W.S. 41-3-308 through 41-3-314. Failure to comply with the provisions of W.S. 41-3-308 through 41-3-314 shall subject the permit to cancellation at any time pursuant to W.S. 41-3-616(c). Failure to comply with any valid order issued by the state engineer pursuant to W.S. 41-3-308 through […]
41-3-319. Owners of ditches and reservoirs; general rights. Each owner of a share or shares of the capital stock in an incorporated ditch company existing for the purpose of distributing water through such company’s ditch to the owners of such stock, shall have the right to carry, convey and transmit reservoir water, supplementing other water […]
41-3-320. Owners of ditches and reservoirs; sale or lease of impounded water. Except as otherwise provided by deed or other written instruments of the owner or owners of the right to impound water in any reservoir, such reservoir owner or owners shall, after the completion of the works in connection with such reservoir, be held […]
