§ 41-3-101 — Nature of water rights and beneficial use

Wyoming § 41-3-101

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

Text

A water right is a right to use the water of the state, when
such use has been acquired by the beneficial application of
water under the laws of the state relating thereto, and in
conformity with the rules and regulations dependent thereon.
Beneficial use shall be the basis, the measure and limit of the
right to use water at all times, not exceeding the statutory
limit except as provided by W.S. 41-4-317. In addition to any
beneficial use specified by law or rule and regulation
promulgated pursuant thereto, the use of water for the purpose
of extracting heat therefrom is considered a beneficial use
subject to prior rights. Water being always the property of the
state, rights to its use shall attach to the land for
irrigation, or to such other purposes or object for which
acquired in accordance with the beneficial use made for which
the right receives public recognition, under the law and the
administration provided thereby. Water rights for the direct use
of the natural unstored flow of any stream cannot be detached
from the lands, place or purpose for which they are acquired,
except as provided in W.S. 41-3-102 and 41-3-103, pertaining to
a change to preferred use, and except as provided in W.S.