Wyoming § 41-3-911 Authority to order interfering appropriator to
cease withdrawals of water; hearing complaints by appropriators

Wyoming Statutes

§ 41-3-911 — Authority to order interfering appropriator to cease withdrawals of water; hearing complaints by appropriators

Wyoming·Title 41 Water·Ch. 3 WATER RIGHTS; ADMINISTRATION AND CONTROL·Art. 9 UNDERGROUND WATER

(a)Whenever a well withdrawing water for beneficial purposes shall interfere unreasonably with an adequate well developed solely for domestic or stock uses as defined in W.S. 41-3-907, whether in a control area or not, the state engineer may, on complaint of the operator of the stock or domestic well, order the interfering appropriator to cease or reduce withdrawals of underground water, unless such appropriator shall furnish at his own expense, sufficient water at the former place of use to meet the need for domestic or stock use. In case of interference between two (2) wells utilizing water for stock or domestic use as defined in W.S. 41-3-907, the appropriation with the earliest priority shall have the better right.

(b)Any appropriator of either surface or underground water may file a

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(a) Whenever a well withdrawing water for beneficial
purposes shall interfere unreasonably with an adequate well
developed solely for domestic or stock uses as defined in W.S.
41-3-907, whether in a control area or not, the state engineer
may, on complaint of the operator of the stock or domestic well,
order the interfering appropriator to cease or reduce
withdrawals of underground water, unless such appropriator shall
furnish at his own expense, sufficient water at the former place
of use to meet the need for domestic or stock use. In case of
interference between two (2) wells utilizing water for stock or
domestic use as defined in W.S. 41-3-907, the appropriation with
the earliest priority shall have the better right.
(b) Any appropriator of either surface or underground
water may file a written complaint alleging interference with
his water right by a junior right. Complaints are to be filed
with the state engineer and are to be accompanied by a fee of
one hundred dollars ($100.00) to help defray costs of
investigation. This section is not applicable to interference
between two (2) surface water rights. Upon receiving the
complaint and fee, the state engineer shall undertake an
investigation to determine if the alleged interference does
exist. Following the investigation, the state engineer shall
issue a report to all interested parties stating his findings.
The report may suggest various means of stopping, rectifying or
ameliorating the interference or damage caused thereby.
(c) Any interested appropriator who is dissatisfied with
the results of the foregoing procedure may proceed under the
applicable provisions of the Wyoming Administrative Procedure
Act. If a hearing is to be held, it shall be held before the
appropriate water division superintendent. The superintendent
shall report to the board of control at its next meeting. The
board shall issue its order to include findings of fact and
conclusions of law.

Wyoming § 41-3-911 (Authority to order interfering appropriator to cease withdrawals of water; hearing complaints by appropriators) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.