§ 41-3-304 — Use of bed of stream

Wyoming § 41-3-304

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

Text

Whenever the owner, manager or lessee of a reservoir,
constructed under the provisions of this act, shall desire the
use of the bed of the stream, or other water course, for the
purpose of carrying stored or impounded water from the reservoir
to the consumer, or shall desire the use of any ditch to carry,
convey or transmit any of the stored or impounded water for the
benefit of any person having the right to have the reservoir
water carried, conveyed or transmitted through the ditch under
the laws of this state, he shall, in writing notify the water
commissioner of the district in which the stored or impounded
water is to be used, giving the date when it is proposed to
discharge water from the reservoir, its volume in acre feet and
the names of all persons and ditches entitled to its use, and
other matters as may be necessary to properly distribute the
water. It shall then be the duty of the water commissioner to so
adjust the headgates of all ditches of ditch companies or
appropriators from the stream or water course, and the division
boxes of individual consumers of water, not entitled to the use
of the stored water, as will enable those having the right to
secure the volume of water to which they are entitled. The
commissioner shall not in any other manner interfere with the
headgates or division boxes, except as otherwise provided by
law. The water commissioner shall keep a true and just account
of the time spent by him in the discharge of his duties as
defined in this section, and it shall be the duty of the water
commissioner or division superintendent to present a bill of
one-half (1/2) the expense so incurred to the reservoir owner,
manager or lessee, and if the owner, manager, or lessee shall
neglect for three (3) days, after the presentation of the bills
of costs, to pay the costs, the costs shall be made a charge
upon the reservoir and shall be collected as delinquent taxes
until the complete payment of the bill of costs has been made.
Costs recovered under this section shall be paid into the
general fund.