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Show Chapter 50. WYOMING CONTENTS Page 1. Development of Wyoming Water Law__________________________ 809 2. State Organizational Structure for Water Administration and Control- 809 2.1 Administration of Water Rights_______________________ 809 2.2 Resolution of Water Use Conflicts_____________________ 811 2.3 Other Agencies Having Water Resource Responsibilities____ 813 3. Surface Waters......______________________________________ 814 3.1 Method of Acquiring Rights__________________________ 814 3.2 Nature and Limit of Rights__________________________ 816 3.3 Changes, Sales, and Transfers________________________ 818 3.4 Loss of Rights____________________________________ 819 3.5 Storage Waters, Artificial Lakes, and Ponds_____________ 822 3.6 Springs__________________________________________ 823 3.7 Diffused Surface Waters_____________________________ 823 4. Ground Water____________________________________________ 823 Publications Available....._________......_____________.....___ 826 DISCUSSION 1. Development of Wyoming Water Law The Wyoming Territorial Legislature gave recognition to the right to appropriate water as early as 1869.1 While there were some addi- tional legislative enactments prior to Wyoming's statehood, the basis for the present system of water administration and allocation is found in the Wyoming constitution, adopted in 1890. These consti- tutional provisions include a declaration that control of water is vested in the State which, in providing for its use, shall guard all of the various interests involved.2 It is further declared that water of all natural streams, springs, lakes, or other collections of stillwater are the property of the State, and that priority of appropriation for beneficial use shall give the better right, and that no appropriation shall be denied except when such denial is demanded by the public interest.3 Other constitutional provisions deal with the administration and supervision of the water of the State. The office of State engineer is created, as well as the board of control, which is composed of the State engineer and the superintendents of the water divisions. It is further directed that the State be divided into four water divisions, and superintendents be appointed in each division.4 Because of the arid conditions existing in the State, riparian water rights have never been recognized in Wyoming, and in its early de- cisions the Wyoming Supreme Court expressly rejected the riparian *Wyo. Laws 1869, ch. 8, sees. 28, 29, ch. 22, sees. 15 to 18. *Wyo. Const, art. I, sec. 31. 3Wyo. Const, art. VIII, sees. 1, 3. 4Wyo. Const, art. VIII, sees. 2, 5. 809 |