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Show 822 WYOMING able for appropriation by a Wyoming appropriator but the rights to which have been acquired by someone in the State of Wyoming, through purchase, exchange, or negotiation. The owner of foreign water is declared to have the exclusive right to the beneficial use of such foreign water. Foreign water may be transported in any nat- ural interstate channel subject to transportation (carriage) losses. The point of diversion of such rights may be changed from outside the State to within the State, but the statuory procedure governing changes must be followed.124 3.5 Storage Waters, Artificial Lakes, and Ponds Before constructing storage facilities for water in Wyoming, it is necessary to make application to the State engineer. The procedure involved in obtaining the approval of the State engineer is the same as for applications to appropriate direct flow, discussed above. Ex- cepted from this filing procedure are reservoirs for stock purposes which do not exceed 20 acre-feet and where the height of the dam does not exceed 20 feet.125 The primary permit to store water need not enumerate any of the lands proposed to be irrigated. Any party desiring to appropriate such stored water to particular lands may file an application with the State engineer for a secondary permit. But a secondary permit shall not be approved until the applicant has entered into an agree- ment with the owners of the reservoir to impound water for the pur- poses set forth in the application.126 The primary permit secures permission from the State to con- struct a reservoir, while the secondary permit is the permission from the State to appropriate the waters impounded in the reservoir to a beneficial use.127 A reservoir owner does not have the right to store any more water than can be beneficially used.128 Further, an appro- priator is limited to one filling of his reservoir each year.129 The priority of the right to store dates from the date of filing the appli- cation in the office of the State engineer.130 When beneficial use is completed under the secondary permit, proof of appropriation must be submitted, and certificates of appropriation refer to both the ditch described in the secondary permit and the reservoir described in the primary permit.131 Stored water may be exchanged for a like quan- tity of the flow of the stream if other rights are not impaired.132 If the owner of a reservoir impounds a greater quantity of water than necessary for irrigation of his land, the excess water may be sold at reasonable rates to owners of lands capable of being irrigated from such reservoir.133 Reservoir rights do not attach to any particular lands, except as a result of deeds or other conveyances or contracts, and such rights 124 Wyo. Stat, sees. 41-11 to 41-25. 125 Wyo. Stat, sec. 41-26. 126 Wyo. Stat., sec. 41-27. 127 Condict v. Ryan, 79 Wyo. 211, 333 P. 2<J 684 (1958). 128 Kearney Lake, Land d Reservoir Co. v. Lake DeSmet Reservoir Co., 475 P. 2d 548 (1970). 12o~Wheatland Irrigation District v. Pioneer Canal Co., 464 P. 2d 533 (1970). iaoWyo. Stat, sec. 41-35. mi Wy0 stat, sec. 41-27. W2 Wyo. Stat., sees. 41-42, 41-43. 133 wyo. Stat, sec. 41-39. |