This text of Wyoming § 41-3-301 (Application for reservoir construction permit;
contents; procedure) 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.
(a)Any person, corporation, association, or organization,
of any nature whatsoever, hereafter intending to store or
impound, for beneficial uses, any of the unappropriated waters
of the state of Wyoming, shall, before commencing construction
of any works for such purpose, or performing any work in
connection with said proposed construction, make an application
to the state engineer, for a permit to construct a reservoir.
The application must set forth the name and post office address
of the applicant; the source of the water supply; the nature of
the proposed use; the location and description of the proposed
work; the time within which it is proposed to begin
construction, and the time required for the completion of
construction. Maps and plans shall conform with the provisions
of W.S. 41
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(a) Any person, corporation, association, or organization,
of any nature whatsoever, hereafter intending to store or
impound, for beneficial uses, any of the unappropriated waters
of the state of Wyoming, shall, before commencing construction
of any works for such purpose, or performing any work in
connection with said proposed construction, make an application
to the state engineer, for a permit to construct a reservoir.
The application must set forth the name and post office address
of the applicant; the source of the water supply; the nature of
the proposed use; the location and description of the proposed
work; the time within which it is proposed to begin
construction, and the time required for the completion of
construction. Maps and plans shall conform with the provisions
of W.S. 41-4-510. In case of reservoirs where the storage is for
stock purposes only and the capacity does not exceed twenty (20)
acre-feet and the height of dam does not exceed twenty (20)
feet, the state engineer may issue a permit without the filing
of a map; however the state engineer may require certain
information be submitted on special forms to be furnished or
designated by him. Any violation of subsection (a) of this
section shall be punishable pursuant to W.S. 41-3-616 with the
exception that the owner of any unpermitted reservoir with a
capacity of twenty (20) acre-feet or less and a dam height of
twenty (20) feet or less shall have forty-five (45) days after
receipt of the written notice of violation pursuant to W.S.
41-3-616(a), to submit an application for a permit. The
application shall meet the requirements of the state engineer's
office. Each day of the forty-five (45) days shall not be
counted as a separate violation if the application for a
reservoir permit is received during this forty-five (45) day
period.
(b) For reservoir permits issued in conjunction with the
national pollutant discharge elimination system (NPDES) for
mining operations, the state engineer shall promptly review the
application and advise the applicant in writing if it is
complete, within thirty (30) days. If the application is
complete, or is resubmitted to the satisfaction of the state
engineer, it shall be approved or denied within forty-five (45)
days of this determination:
(i) For the purpose of this subsection "complete"
means that the application contains all the essential and
necessary elements and is acceptable for further review for
substance and compliance with the provisions of this chapter.