Wyoming Statewide Rule
Wyoming State Water Law and Prior Appropriation Doctrine
Key Facts
- Statute
- W.S. Title 41, Chapter 3
- Doctrine
- Prior appropriation
- Administrator
- State Engineer's Office
- Constitutional basis
- Article 8
- Permit required
- Most diversions
Summary
Wyoming's Constitution declares all natural waters property of the state, and Title 41 vests administration in the State Engineer under prior appropriation. Outdoor watering rights flow from this universal framework rather than purely local rules.
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.
Full Breakdown
Article 8 of the Wyoming Constitution and Title 41 of the Wyoming Statutes establish a unified prior appropriation system administered by the State Engineer's Office and the Board of Control. Surface and groundwater diversions require state permits, and beneficial use determines priority. Municipal water suppliers hold state-issued rights and may impose customer watering schedules during drought, but the underlying allocation, permitting, and curtailment authority is statewide. Local outdoor watering restrictions must operate within the state's adjudicated water rights system and cannot expand or override water rights granted by the State Engineer.
Violations & Penalties
Diverting water without a state permit, exceeding adjudicated water rights, or violating curtailment orders may result in enforcement by the State Engineer including fines and loss of priority.
Frequently Asked Questions
Can Wyoming cities set their own water restrictions?
Who owns Wyoming's water?
Do I need a permit to use water on my lawn?
Sources
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