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Show 534 ADMINISTRATION OF STREAM WATER RIGHTS AND DISTRIBUTION Wyoming The Board of Control, created by the State constitution, administers water rights and distribution of water. It is composed of the State Engineer, as president, with the superintendents of the four divisions as members.135 Pursuant to this constitutional direction, the legislature divided the State into four divisions,136 and provided for the appointment of a superintendent for each division.137 The Board of Control has the responsibility of creating water districts within the water divisions,138 each district having a water commissioner appointed by the Governor if needed.139 Each Division Superintendent has general control of the water commissioners within his division, and under the general control of the State Engineer the Division Superindendent has charge of regulating and controlling "the storage and use of water under all rights of appropriation which have been adjudicated by the board of control or by the courts, and * * * under all permits approved by the state engineer whether the rights acquired thereunder have been adjudicated or not."140 The powers of district water commissioners include dividing, regulating and controlling stream waters within their districts by closing or partially closing and fastening headgates and regulating controlling works of reservoirs,141 including exchange of stored water for direct flow.142 District water commissioners have power to make arrests,143 and may employ assistants in case of emergency.144 Any person injured by an act of a water commissioner, or by his failure to act, may appeal to the Division Superintendent and thence to the State Engineer, and from the latter's decision to the district court.145 Any person who deems himself injured or discriminated against by an order or regulation of the Division Superintendent may appeal to the State Engineer who, after hearing the case, has the power through the Division Superintendent to suspend, amend, or confirm the order.146 135Wyo. Const, art. VIII, § § 2, 4, and 5. 136Wyo. Stat. Ann. § 41-54 (1957). 137Wyo. Stat. Ann. § 41-55 (Supp. 1969). 138Wyo. Stat. Ann. § 41-61 (1957). 139Id. § 41-62. 140Id. § 41-57. 141 Id. § 41-63; Wyo. Stat. Ann. § 41-64 (Supp. 1969). 142 Wyo. Stat. Ann. § 41^4 (1957). 143M § 41-65. 144/tf. § 41-69. 145/d. § 41-63. 146 Id. § 41-60. |
