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Show WYOMING 819 be construed as prohibiting such a change without violating the con- stitutional rights of the owner.96 However, the Wyoming rule prohibiting changes is not without exceptions. As noted above, changes may be made when the new use will be a preferred use. The procedure involves public notice of the proposed change, an inspection by the division superintendent, and a hearing, if necessary, by the superintendent, a report to the board of control, and, finally, an order of the board.97 Unlike the restriction against changes in direct flow rights, the owners of reservoir rights may, pursuant to specific statutory author- ization, transfer these rights separately from the land.98 Also, there is a statute which allows changes of rights where lands have been submerged by reservoir construction.99 Temporary rights may be acquired for highway or railroad road- bed construction. These are rights which are acquired by purchase, lease, or gift for a period not to exceed 2 years. Upon the filing of an application, together with a copy of the agreement of the parties and the approval of the engineer, these rights may be temporarily changed and any person injuriously affected by the change is to be duly compensated. Upon termination of the temporary use, the right is revested in the original owner.100 As a procedural matter, a rather recent Wyoming statute sets up a procedure for changing the point of diversion (as distinguished from place of use) of a water right. Provision is made for notice, hearing, and appeal. However, some doubt exists concerning the effect of this new legislation on existing procedures.101 Some mention should be made of exchanges. The owners of rights to the use of any natural stream, spring, lake, or other collection of still water, where (a) the source is insufficient to satisfy the rights, or (b) a better conservation and utilization of the water resource can be made, are authorized to enter into an agreement for use of water from another source.102 Also, an exchange can be accomplished by the owner of stored water for the direct flow of a stream, pro- vided that such exchange can be made without injury to other rights.103 3.4 Loss of Bights A. STATUTORY FORFEITURE When any user fails to use his right for a period of 5 successive years, he will be considered to have abandoned the same and shall forfeit all water rights, easements, and privileges appurtenant thereto, and the water may again be appropriated.104 The Wyoming statute governing forfeiture of water rights speaks of both "for- feiture" and "abandonment," and it appears that some confusion existed in early decisions regarding these two concepts. Intent is a 96 Hughes v. Lincoln Land Co., 27 F. Supp. 972 (D. Wyo. 1939). ^Wyo. Stat, sec. 41-4. 98 Wyo. Stat., see. 41-37. "Wyo. Stat., sec. 41-9. 100 Wyo. Stat, sec. 41-10.1. 101 Wyo. Stat., sec. 41-10.4; Trelease and Lee, Priority and Progress-Case Studies in the Transfer of Water Rights, 21 (1966). 102 Wyo Stat., sec. 41-5. 103 Wyo. Stat., sec. 41-42. 1MWyo. Stat., sec. 41-47 |
