§ 41-3-104 — Procedure to change use or place of use

Wyoming § 41-3-104

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

Text

(a) When an owner of a water right wishes to change a
water right from its present use to another use, or from the
place of use under the existing right to a new place of use, he
shall file a petition requesting permission to make such a
change. The petition shall set forth all pertinent facts about
the existing use and the proposed change in use, or, where a
change in place of use is requested, all pertinent information
about the existing place of use and the proposed place of use.
The board may require that an advertised public hearing or
hearings be held at the petitioner's expense. The petitioner
shall provide a transcript of the public hearing to the board.
The change in use, or change in place of use, may be allowed,
provided that the quantity of water transferred by the granting
of the petition shall not exceed the amount of water
historically diverted under the existing use, nor exceed the
historic rate of diversion under the existing use, nor increase
the historic amount consumptively used under the existing use,
nor decrease the historic amount of return flow, nor in any
manner injure other existing lawful appropriators. The board of
control shall consider all facts it believes pertinent to the
transfer which may include the following:
(i) The economic loss to the community and the state
if the use from which the right is transferred is discontinued;
(ii) The extent to which such economic loss will be
offset by the new use;
(iii) Whether other sources of water are available
for the new use.
(b) In all cases where the matter of compensation is in
dispute, the question of compensation shall be submitted to the
proper district court for determination.