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Show 814 WYOMING water which may be used for industrial purposes, enter into con- tracts for furnishing industrial or municipal water, and contract with the Federal Government for the construction of water develop- ment projects.42 (2) The interstate stream commission represents Wyoming's in- terests whenever the State enters into negotiations with another State for the apportionment of interstate waters, and its members are appointed by the Governor.43 C. AGENCIES AT THE LOCAL LEVEL At the local level, Wyoming statutes authorize the creation of a number of different types of public districts which have responsi- bilities in the development and conservation of the State's water re- sources. They include: (1) Drainage districts.44 (2) Flood control districts.45 (3) Irrigation districts.46 (4) Public irrigation and power districts.47 (5) Water conservancy districts.48 (6) Water and Sewer Districts.49 3. Surface Waters A "watercourse" has been defined by the Wyoming Supreme Court as a stream of water flowing in a particular direction, with well- defined banks and channel, but the flow need not be continuous and the channel may sometimes be dry.50 3.1 Method of Acquiring Rights a. EARLY PROCEDURE As noted above, Wyoming adopted a statutory appropriation pro- cedure early in the development of the area. However, the Wyoming court announced that even prior to this early legislation the right to use water depended upon the prior appropriation of it to beneficial use.61 Under this early procedure, the appropriator not only was re- quired to have an intent to appropriate the water, but he had to divert the water from the stream and apply it to a recognized bene- ficial use within a reasonable time. If the initial act of the user was followed with reasonable diligence and the purpose of the appropria- tion was consummated without unnecessary delay, the priority of the right related back to the time that the right was initiated.52 42 Wyo. Stat, sec. 9-160.31. 43 Wyo. Stat., sees. 41-480 to 41-485.1. 44 Wyo. Stat., sees. 41-355 to 41-479. 45 Wyo. Stat., sees. 41-118 to 41-120. 40 Wyo. Stat., sees. 41-269 to 41-323.18. 47 Wyo. Stat., sees. 41-324 to 41-354. 48 Wyo. Stat., sees. 41-77 to 41-117. 49 Wyo. Stat., sees. 41-479.1 to 41-479.51. ^State v. Hiler, 48 Wyo. 172, 44 P. 2d 1005 (1935). B1Moyer v. Preston. 6 Wyo. 308, 44 Pac. 845 (1896). 62 Moyer v. Preston, 6 Wyo. 308, 44 Pac. 84B (1896). |