§ 41-3-917 — Change of location of well without loss of priority; appeal from action of state board of control or state engineer

Wyoming § 41-3-917

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

Text

(a) An appropriator of underground water may change the
location of his well to a point within the same aquifer in the
vicinity of the original location, without loss of priority, by
securing approval of the state board of control if the
groundwater right has been adjudicated or if the groundwater
right has not been adjudicated but the water has been applied to
beneficial use. In cases involving domestic or stock water wells
which are not adjudicated but the water has been applied to
beneficial use, the state engineer may approve a change of
location. If the right is not adjudicated and the water has not
been applied to beneficial use, approval for the change in
location may be granted by the state engineer. No petition shall
be granted if the rights of other appropriators shall be
injuriously affected thereby. No petition granted shall increase
the total amount of the appropriation of water set forth in the
original permit. The state board of control and the state
engineer may make such regulations as may be necessary to carry
out the provisions of this section. The state engineer may
approve a change of well location even if water has not been
applied to a beneficial use.
(b) A decision by the state engineer granting or denying a
petition to change the location of an unadjudicated right under
this section may be appealed to the board of control. An appeal
may be taken to the district court pursuant to W.S. 16-3-101
through 16-3-115 from an order of the board of control:
(i) Affirming or reversing a decision of the state
engineer appealed to the board under this subsection; or
(ii) Granting or denying a petition to change the
location of an adjudicated right under this section.