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Show WYOMING 813 must approve the application. Tf the application does not meet these criteria, it is to be rejected. If he is dissatisfied with the decision of the State engineer, the applicant may appeal the engineer's deci- sion to the board of control within sixty days, and a decision of that body may be appealed to the district court.37 Thus, there is an oppor- tunity for a general evaluation of the water supply and the existing rights at this early stage of the appropriation procedure. The approval of an application for a permit does not foreclose subsequent action between water users where conflicts develop regard- ing the use of water. A water user may maintain an action for damages or seek injunctive relief to protect his claim to water.38 2.3 Other Agencies Homing Water Resource Responsibilities a. WATER QUALITY CONTROL The general responsibility for water pollution control in Wyoming is vested in the State department of public health, which has au- thority to develop a comprehensive program for the prevention, con- trol, and abatement of new or existing pollution of the waters of the State. The department may adopt rules and regulations to prevent pollution and for the protection of domestic water supplies, and shall approve proposed public water supply systems and sewer sys- tems before construction. With certain exceptions, the department may control industrial pollution. The department is authorized to issue orders prohibiting pollution and may initiate court action to enforce its orders, and criminal penalties are specified for violations of a department order or of the act.39 Water may be appropriated in Wyoming for any beneficial pur- pose,40 but the beneficial uses which have received primary attention in the past are those which were necessary in the settlement and development of the area, such as irrigation, domestic, stockwatering, and industrial uses. As will be seen shortly, Wyoming has a statute providing for preferences among these uses.41 There do not appear to be anjr decisions of the Wyoming Supreme Court clearly accepting or rejecting use of water for recreation or esthetic purposes as bene- ficial uses, but these uses can be legitimate considerations of water quality control. b. OTHER PUBLIC AGENCIES The principal State agencies involved in water administration in Wyoming are the State engineer and the board of control, as already explained. Other State agencies with responsibility in this area in- clude : (1) The division of water development, which is a division within the State department of economic planning and development, and is authorized to cooperate with the State engineer in developing a State water plan. In addition, the division may file applications to reserve srWyo. Stat. sees. 41-201, 203, 216. 88 Campbell v. Wyoming Development Co., 55 Wyo. 347, 100 P. 2d 124 (1940). »Wyo. Stat., sees. 35-184 to 35-200. «°Wyo. Stat., sec. 41-2. «Wyo. Stat.. sec. 41-3. |
