§ 41-12-605 — Diversions from the Yellowstone River Basin; application; notice

(a) Any person proposing to divert compact water allocated
to Wyoming from the basin for use in Wyoming, whether the point
of diversion is in Wyoming, Montana or North Dakota, shall file
an application with the state engineer. The application must
state the name and address of the applicant, describe the
proposed point of diversion, the point of use, the ultimate use
and facts tending to show that:
(i) The diversion and ultimate use of the water is
for a beneficial use of water;
(ii) The diversion and ultimate use of water will not
adversely affect the water rights of other persons;
(iii) The proposed means of diversion, construction
and operation are adequate;
(iv) The diversion and ultimate use will not
interfere with other planned uses or developments for which a
water right with a senior priority date has been applied for or
permit issued;
(v) The diversion and ultimate use of the water will
not exceed the allocated share under the compact of any of the
signatory states;
(vi) The diversion and ultimate use of the water are
in the public interest of Wyoming; and
(vii) The applicant intends to comply with the laws
of the signatory states to the compact.
(b) Any person proposing to divert compact water allocated
to Montana or North Dakota for use out of the basin, whether the
point of diversion is in Wyoming, Montana or North Dakota, shall
file an application with the state engineer. The application
must state the name and address of the applicant, describe the
proposed point of diversion, the point of use, the ultimate use
and facts tending to show that:
(i) The proposed means of diversion, construction and
operation are adequate;
(ii) The diversion and ultimate use of the water will
not exceed the allocated share under the compact of any of the
signatory states; and
(iii) The applicant intends to comply with the
compact.
(c) The state engineer shall publish a reasonable summary
of the application for three (3) consecutive weeks in at least
three (3) newspapers of general circulation within the state and
if the proposed point of diversion is within Wyoming, publish
the notice in at least one (1) newspaper of general circulation
in the county where the diversion point is to be located.