§ 41-3-107 — Submerged lands; petition for change of water rights; conditions; hearing; fees

Wyoming § 41-3-107

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 1: GENERALLY

Text

(a) The state board of control may, upon the written
petition of the owners of an adjudicated water right, or water
rights appurtenant to lands submerged by the construction of
reservoirs in the state of Wyoming, issue amended certificates
of appropriation of water and change the point of diversion and
means of conveyance for such adjudicated appropriations of water
for the irrigation of other lands in the state of Wyoming
outside of the reservoir basin in lieu of the submerged lands,
without loss of priority; provided:
(i) The appropriation shall be from the same source
of supply;
(ii) The irrigated acreage shall include not only new
land within the state of Wyoming having no original direct flow
water right but also lands within the same drainage area having
water rights from another source and which have a need for
supplemental water, but in no event shall such right and use so
changed exceed in amount of water that of the rights which are
being changed;
(iii) Such change of water rights be made within five
(5) years from the date that construction of the reservoir dam
has been completed. If such change is not applied for by the
owner or his successors in interest within the five (5) year
period such water rights shall become automatically abandoned
and the water shall be distributed in order of priority on the
stream. Such automatic abandonment shall apply only to lands
inundated at and below the high water line of reservoirs. The
board of control shall enter an order abandoning the water
rights upon a determination that an abandonment has occurred;
(iv) The change can be made only on condition that it
does not injuriously affect the rights of other Wyoming
appropriators.
(b) After receipt of a petition for such change the state
board of control shall cause a public hearing to be held on the
petition before the superintendent of the water division in
which such appropriation is located, with notice of the hearing
to be advertised in at least one (1) issue of a newspaper having
general circulation in the community where the water right
involved is located. The petitioner shall pay the cost of
publication prior to the time of hearing and shall provide a
stenographic record of the proceedings, which shall be
transmitted by the division superintendent to the state board of
control with his report. A fee not to exceed fifty dollars
($50.00) for issuance and recording of each amended certificate
of appropriation of water shall be collected by the state board
of control at the time of filing of the petition and the board
shall also require a deposit of sufficient funds to cover the
cost of preparing and recording a certified copy of the order of
the board granting the petition.
(c) The owners of lands coming under the provisions of
this section may sell or convey lands submerged or to be
submerged by any such reservoir with provisions in the deed or
other conveyance that the water rights appurtenant thereto may
be detached and transferred as provided herein.