§ 35-11-309 — Legislative policy and intent

Wyoming § 35-11-309

• Jurisdiction: Wyoming
• Title 35: Public Health and Safety
• Ch. 11: ENVIRONMENTAL QUALITY
• Art. 3: WATER QUALITY

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(a) The legislature declares that all water, including
collections of still water and waters associated with wetlands
within the borders of this state are property of the state. The
legislature further declares that water is one of Wyoming's most
important natural resources, and the protection, development and
management of Wyoming's water resources is essential for the
long-term public health, safety, general welfare and economic
security of Wyoming and its citizens.
(b) The legislature finds that agriculture, energy
development, mining, highway construction and timbering are
important industries in this state and that industrial concerns
must be accommodated in the protection of wetlands. Wetlands
can have an impact on industry practices. Even though property
taxes are generally paid on such lands, wetlands provide limited
economic return to the landowner. Wetland policies can obstruct
water development projects and water management projects for
private industry as well as public entities and can affect other
developments.
(c) The legislature finds that wetlands are considered
important for a variety of reasons. Wetlands provide the habitat
base for the production and maintenance of waterfowl and are
sometimes critical to the survival of endangered plants and
animals. Wetlands also serve to moderate water flow and have
value as natural flood control mechanisms, can aid in water
purification by trapping, filtering and storing sediment and
other pollutants and by recycling nutrients, and can serve as
groundwater recharge and discharge areas. Wetlands also function
as nursery areas for numerous aquatic animal species and are
habitat for a wide variety of plant and animal species, and
provide vital habitat for resident wildlife. Wetlands also can
provide scientific, aesthetic and recreational benefits. The
legislature therefore concludes that wetlands and values
associated therewith deserve to be effectively managed,
protected and preserved.
(d) The legislature recognizes that significant
differences exist in Wyoming between naturally occurring
wetlands and those wetlands that result from human activities.
Because portions of Wyoming are arid or semiarid, water was
diverted from streams and rivers for irrigating cropland,
resulting in the creation of wetlands. These wetlands have
partially compensated for wetlands losses. Additionally, road
and highway construction, petroleum industry operations and
other human activities have created wetlands where none
previously existed. While these man-made wetlands are equally
as important as naturally occurring wetlands, having the same
characteristics and providing the same values and functions,
management flexibility is required to acknowledge their
different origins and to protect the property rights of
landowners and water right holders.
(e) In view of the legislative findings and conclusions of
the importance of wetlands, water development and management,
and industry in Wyoming it is hereby declared to be the wetlands
policy of this state that water management and development and
wetland preservation activities should be balanced to protect
and accommodate private property, industry, water and wetland
interests and objectives.