§ 41-3-115 — Applications for use of water outside the state

Wyoming § 41-3-115

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

Text

(a) The legislature finds, recognizes and declares that
the transfer of water outside the boundaries of the state may
have a significant impact on the water and other resources of
the state. Further, this impact may differ substantially from
that caused by uses of the water within the state. Therefore,
all water being the property of the state and part of the
natural resources of the state, it shall be controlled and
managed by the state for the purposes of protecting, conserving
and preserving to the state the maximum permanent beneficial use
of the state's waters.
(b) None of the water of the state either surface or
underground may be appropriated, stored or diverted for use
outside of the state or for use as a medium of transportation of
mineral, chemical or other products to another state without the
specific prior approval of the legislature. Provided, however,
neither approval by the legislature nor compliance with the
application procedures under subsections (m) through (r) of this
section shall be required for appropriations that will transfer
or use outside the state less than one thousand (1,000) acre-
feet of water per year unless the applications are part of a
collection of related applications or appropriations from the
same source of supply for the same or similar use where the
total use or transfer outside the state exceeds one thousand
(1,000) acre-feet per year in aggregate. The state engineer is
authorized to adopt rules and regulations necessary to carry out
the provisions of this subsection.
(c) No holder of either a permit to appropriate water or a
certificate to appropriate water, nor any applicant for a right
to appropriate the unappropriated water of this state, may
transfer or use the water so appropriated, certificated or
applied for outside the state of Wyoming without prior approval
of the legislature of Wyoming.
(d) Repealed by Laws 1985, ch. 4. § 1.
(e) Repealed by Laws 1985, ch. 4. § 1.
(f) Repealed by Laws 1985, ch. 4. § 1.
(g) Repealed by Laws 1985, ch. 4. § 1.
(h) Repealed by Laws 1985, ch. 4. § 1.
(j) Repealed by Laws 1985, ch. 4. § 1.
(k) Repealed by Laws 1985, ch. 4. § 1.
(m) Applications for the appropriation of water for use
out of state shall be submitted to the state engineer. The
application shall contain sufficient information to enable the
state engineer to fully analyze the proposed appropriation.
Within sixty (60) days of receipt of the application, the state
engineer shall determine if the application is complete and
acceptable. If the application is unacceptable, the state
engineer shall notify the applicant as to what is needed so an
acceptable application may be submitted.
(n) Upon determination that the application is acceptable,
the state engineer shall cause to be made, at the applicant's
expense, a comprehensive review of the application. The state
engineer shall have no more than one hundred twenty (120) days
to complete this review.
(o) Upon completion of the state engineer's review, the
state engineer shall issue a preliminary analysis of the
application. The analysis shall address the factors set forth in
subsection (r) of this section, contain a summary of the
application and any other information the state engineer deems
relevant. The preliminary opinion, or a reasonable summary,
shall be published, at the applicant's expense, for three (3)
consecutive weeks in a newspaper of general circulation in the
county where the proposed appropriation of water is located. At
the conclusion of the publication period, the state engineer
shall hold a public hearing, at the applicant's expense, in the
county where the proposed appropriation is located.
(p) In rendering a final opinion, the state engineer shall
consider all comments received at the public hearing and those
received in writing within twenty (20) days of the public
hearing.
(q) The state engineer shall render a final opinion and
submit it to the legislature within one hundred twenty (120)
days of the public hearing. The final opinion shall address all
factors set forth in subsection (r) of this section and shall
contain a recommendation that the legislature grant or deny the
proposed out-of-state use.
(r) The legislature shall consider the proposed
appropriation following receipt of the state engineer's opinion
and recommendation. Notwithstanding subsections (d) through (k)
of this section, legislative consent for the proposed
appropriation of water for use out of the state shall be based
upon consideration of the factors necessary to assure meeting
the state's interests in conserving and preserving its water
resources for the maximum beneficial use. Factors to be
considered by the legislature shall include the following:
(i) The amount of water proposed to be appropriated
and the proposed uses;
(ii) The amount of water available for appropriation
from the proposed source, and the natural characteristics of the
source;
(iii) The economic, social, environmental and other
benefits to be derived by the state from the proposed
appropriation;
(iv) The benefits to the state by the use of the
water within the state that will be foregone by the proposed
appropriation;
(v) The benefits presently and prospectively derived
from the return flow of water in intrastate use which will be
eliminated by the proposed out-of-state use;
(vi) The injury to existing water rights of other
appropriators that may result from the proposed use;
(vii) Whether the use formulated and carried out
promotes or enhances the purposes and policies of the state's
water development plans and water resources policy, and that the
use will not unreasonably interfere with other planned uses or
developments for which a permit has been or may be issued;
(viii) Whether the proposed use will significantly
impair the state's interest and ability to preserve and conserve
sufficient quantities of water for reasonably foreseeable
consumptive uses and other beneficial uses recognized by law to
include but not limited to domestic, livestock, agricultural,
municipal and industrial purposes;
(ix) Whether the proposed use will adversely affect
the quantity or quality of water available for domestic or
municipal use;
(x) Whether, to the greatest extent possible, the
correlation between surface water and groundwater has been
determined, to avoid possible harmful effects of the proposed
use on the supply of either.
(s) Nothing in this section shall be construed to
interfere with compacts, court decrees and treaty obligations.