Wyoming § 41-12-607 Diversions from the Yellowstone River Basin;
criteria for approval; terms

Wyoming Statutes

§ 41-12-607 — Diversions from the Yellowstone River Basin; criteria for approval; terms

Wyoming § 41-12-607

Title 41Water

Ch. 12INTERSTATE COMPACTS

Art. 6YELLOWSTONE RIVER COMPACT

This text of Wyoming § 41-12-607 (Diversions from the Yellowstone River Basin; criteria for approval; terms) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Wyo. Stat. Ann. § 41-12-607 (2026).

Text

(a)The state engineer may conduct whatever other studies he deems necessary to adequately evaluate an application.

(b)The state engineer may issue his approval of an application proposing to divert compact water allocated to Wyoming if:

(i)The diversion and the ultimate use of the water are 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 unreasonably with other planned uses or developments for which a water right application has been filed or a permit issued;

(v)The diversion and ultimate use of the water will not exceed the allocated share under the compact of any

Free access — add to your briefcase to read the full text and ask questions with AI

(a) The state engineer may conduct whatever other studies
he deems necessary to adequately evaluate an application.
(b) The state engineer may issue his approval of an
application proposing to divert compact water allocated to
Wyoming if:
(i) The diversion and the ultimate use of the water
are 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 unreasonably with other planned uses or developments
for which a water right application has been filed or a 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 signs an agreement to comply with
the laws of the signatory states to the compact in construction,
operation and maintaining all facilities associated with the
diversion and ultimate use of the water.
(c) The state engineer may approve an application
proposing to divert compact water allocated to Montana or North
Dakota as described in W.S. 41-12-605(b) if the diversion will
not adversely affect the property rights or interests of an
appropriator located in Wyoming and if the diversion and
ultimate use of water will not exceed the allocated share under
the compact of any of the signatory states.
(d) The state engineer may approve an application subject
to such terms, conditions, restrictions and limitations as the
state engineer considers necessary to meet the application
criteria listed in W.S. 41-12-605 and this section.
(e) The state engineer's approval of an application
pursuant to this act shall not constitute approval for an out of
state use of the water pursuant to W.S. 41-3-115.