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Show 810 WYOMING concept of water rights and recognized that the appropriation doc- trine was more adapted to the area.5 2. State Organizational Structure for Water Administration and Control 2.1 Administration of Water Rights In Wyoming, the administration of water rights involves two State agencies. As noted above, the Wyoming constitution sets up a board of control, comprised of the State engineer and the superintendents of the four constitutionally created water divisions, and this board has supervision of the waters of the State and of their appropriation, distribution and division.6 The State engineer is the president of the board of control and has a constitutional mandate to supervise the waters of the State and the officers connected with water distribution.7 With regard to new appropriations anyone desiring to acquire a right to the public water of the State must first make application to the State engineer, and diversion of water without obtaining a permit constitutes a misdemeanor. The state engineer may adopt rules and regulations to govern forms and procedures for applications to ap- propriate water. Once the appropriation is perfected, the board of control issues a certificate of appropriation.8 Pursuant to the above noted constitutional directive, the legislature has divided the State into four water divisions, and each is headed by an appointed water superintendent. These superintendents operate under the supervision of the State engineer and regulate and control the storage and use of water. They have authority to require suitable ditches to carry return or waste water back to the main stream. Any person dissatisfied with an order of the superintendent may appeal his decision to the State engineer.9 In addition to the control of the division superintendents, each of the four water divisions are subdivided into water districts, which are administered locally by water commissioners who are appointed by the Governor. Each commissioner is charged with the responsi- bility of dividing, regulating, and controlling the use of water in accordance with the rights of the individual users. A commissioner, in order to distribute properly the waters of his district, may regu- late headgates on ditches and the controlling works of reservoirs. Works posted with written notice, properly dated and signed, stating the fact that the headgate has been regulated, shall constitute legal notice. Users must maintain headgates and measuring devices ap- proved by the State engineer, and it is illegal to interfere with a headgate duly regulated by a water commissioner.10 Rotation is au- thorized among users to bring about a more economical use of the available water supply. 11 The decisions of a water commissioner may 6 Frank v. Hicks, 4 Wyo. 502, 35 Pac. 475 (1894) ; Moyer v. Preston, 6 Wyo. 308, 44 Pac. 845 (1896). 8 Wyo. Const, art. VIII, sec. 2. 7 Wyo. Const, art. VIII, sec. 5. 8 Wyo. Stat. sees. 41-201, 41-211, 41-215. 9 Wyo. Stat. sees. 41-54, 41-54, 41-57, 41-58. 41-60. 10 Wyo. Stat. sees. 41-61 to 41-64, 41-71. "Wyo. Stat. sec. 41-70. |