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Show WYOMING 815 b. CURRENT PROCEDURE Under the present statutes, a water right in Wyoming can only be acquired by filing an application for a permit to make the appropri- ation with the State engineer and obtaining his approval.53 This has been the situation in Wyoming since 1890, and a water right cannot be initiated except pursuant to an approved permit-hence, the re- quirement of a permit is mandatory.54 When water is to be stored, a primary permit may be obtained from the engineer to construct the reservoir, and a secondary permit is required to appropriate the stored water for beneficial use.55 Each application to appropriate is to be accompanied with a map or plat depicting the proposed works, although in one case this was held not to be mandatory.56 While the appropriation must be for a beneficial use, it need not be for the benefit of the applicant himself.57 A Wyoming statute expressly allows any person, association, or corporation to initiate a water right.58 The Wyoming constitution provides that municipal corporations shall have the same rights as individuals to acquire water rights by appropriation, and that they may also acquire existing rights by eminent domain.59 The State engineer may accept applications for water to be di- verted or stored in Wyoming but used in an adjoining State if the adjoining State has reciprocal legislation.60 C. CONSTITUTIONALITY OF PROCEDURE The Wyoming Supreme Court, in upholding the constitutionality of the adjudication procedure, concluded that the State has the power to regulate the manner of acquiring rights to unappropriated water.61 d. CRITERIA FOR APPROVAL It is the duty of the State engineer to approve all applications made in proper form which contemplate the application of the water to a beneficial use and where the proposed use does not tend to impair the value of existing rights, or otherwise to be detrimental to the public welfare. However, if there is no unappropriated water in the source, or if the proposed use conflicts with existing rights or threatens to prove detrimental to the public interest, then it is the duty of the State engineer to reject such application.62 e. PERFECTING AN APPLICATION Once an application is approved, the applicant must begin the actual construction of works within 1 year and complete the project within 5 years. The engineer may require completion of the project in KWyo. Stat., sec. 41-201. M Wyoming Hereford Ranch v. Hammond Packing Co., 33 Wyo. 14, 236 Pac. 764 (1925) ; Laramie Rivera Co. v. LeVaaaevr, 65 Wyo. 414, 202 P. 2d 680 (1949). 55 Wyo. Stat., sec. 41-27; Condict v. Ryan, 79 Wyo. 211, 33 P. 2d 684 (1958). 58 Wyo. Stat., sec. 41-207; Laramie Rivers Co. v.'LeVaaaeur, 65 Wyo. 414, 202 P. 2d 680 (1949). 67 Scherck v. Nichols, 55 Wyo. 4, 95 P. 2d 74 (1939). 58 Wyo. Stat., sec. 41-201. BBWyo. Const, art. XIII, sec. 5. 60 Wyo. Stat., sec. 41-151. 61 Farm Investment Co. v. Carpenter, 9 Wyo. 110, 61 Pac. 258 (1900). 62 Wyo. Stat., sec. 41-203. |