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Show WYOMING 811 be appealed to the division superintendent, from there to the State engineer and, finally, to the district court.12 Waters are to be distributed in accordance with adjudicated water rights.13 However, an adjudication is not necessary before a commis- sioner can act. Distribution can be made under an unperfected permit as well as a certificate of appropriation.14 Although a commissioner has the right to distribute water, his decision-even though not ap- pealed from-does not constitute an adjudication of the user's rights so as to be conclusive or binding in the courts.15 While there is a pre- sumption that officials who regulate and distribute water are perform- ing their duty, this presumption is overcome by evidence showing that rights were not distributed according to established priorities.16 The board of control and the State engineer also have an important role in the statutory adjudication of water rights. The State engi neer prepares a hydrographic survey of the water source and the di- vision superintendent takes the testimony of the users.17 From this information and the claims of the water users, the board of control enters an order determining the various individual rights.18 The order entered by the board may be appealed to the district court.19 The State engineer is also delegated general responsibilities for the administration of the ground waters of the State.20 Plans for proposed diversion dams above 5 feet in height or storage dams above 10 feet in height must be submitted to the State engineer for approval. He may inspect the work during construction,21 and must examine and approve qualifying plans of proposed dams before construction commences.22 The State engineer has been delegated general responsibility for the coordination of Wyoming water and related land resource plan- ning, and is authorized to enter into agreements with agencies of the United States for this purpose.23 Since the State engineer and the board of control are admin- istrative agencies, their decisions are subject to appeal to the district court.24 2.2 Resolution of Water Use Conflicts Wyoming enacted a statutory adjudication procedure to determine and define the extent of existing rights from a water source. This program is carried out by the board of control (State engineer and the superintendents of the four water divisions).25 The board initi- ates the proceedings and fixes the time when the State engineer shall begin the preparation of his hydrographic survey and the time and place for the taking of testimony of the individual claimants by the water division superintendents. Notice is given to all users by publica- 12Wyo. Stat. sec. 41-63. ™Quinn v. John Whitaker Ranch Co., 54 Wyo. 367, 92 P. 2d 568 (1939). uLaramie Rivers Co. v. LeVasseur, 65 Wyo. 414, 202 P. 2d 680 (1949). ^Ryan v. Tutty, 13 Wyo. 122, 78 Pac. 661 (1904). 18 Campbell v. Wyoming Development Co., 55 Wyo. 347, 100 P. 2d 124 (1940), 102 P. 2d 745 (1940) ; Merrill v. Bishop, 69 Wyo. 45, 237 P. 2d 1S6 (1951). 17 Wyo. Stat., sees. 41-172, 41-180. 18 Wyo. Stat., sec. 41-181. 19 Wyo. Stat, sec. 41-193. 20 Wyo Stat., sees. 41-121 to 41-147. 21 Wyo. Stat., sees. 41-73, 41-74. ^Laramie Rivers Co. v. LeVasseur, 65 Wyo. 414, 202 P. 2d 680 (1949). 23 Wyo. Stat., sees. 41-1.6, 41-1.7. 24 Wyo. Const, art. VIII, Section 2; Wyo. Stat., sees. 41-63. 41-193, 41-216. 25 Wyo. Stat., sees. 41-154, 41-159, 41-165. 499-242-73------53 |
