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

(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.