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Show WYOMING 823 may be sold or leased.134 The reservoir owner is liable for damage arising from leakage, overflow, or floods caused by any breaking in the embankments of the reservoir.135 3.6 Springs Under a Wyoming constitutional provision, natural springs are declared to be the property of the State and subject to appropria- tion, without regard to the ownership of the land where the spring is located.136 An early declaration by the Wyoming Court was to the effect that a spring developed artificially and supplied by percolating water was not subject to appropriation, but was the private property of the landowner.137 However, as noted below, legislation in recent years has extended the principle of prior appropriation to ground water. 3.7 Diffused Surface Waters In one case, the Wyoming court said that waters in a grassy draw with no well-defined banks, dry most of the time, was not a water- course, and that the water which collected in this draw was diffused surface water which was not subject to appropriation.138 The court went on to state that the owner of the land had the right to use this diffused surface water, derived from melting snows and rains, and which collected in a depression on his property.139 4. Ground Water The Wyoming code defines underground water as any water under the surface of the land or under the bed of any stream, lake, reser- voir, or other body of surface water.140 A. PRE-STATUTORT PROCEDURE The basic Wyoming ground water act was enacted in 1947, but provides that it is not to be applied to interfere with any existing right to use ground water. This basic legislation has been amended on a number of occasions. In order for ground water rights ac- quired before April 1, 1947, to be considered vested, the owner must have developed and used the water prior to that date, and must have filed a required statement with the State engineer on or before De- cember 31, 1957. The owner of any right acquired after April 1, 1947, is required to complete his development and register his well with the State engineer. Certain uses are exempted from this proce- dure. However, in 1969, the act was amended to provide that no well shall be constructed unless a permit has been obtained from the State engineer. It was further provided that all existing stock and domes- tic wells formerly exempted may be registered with the State engi- neer prior to December 31, 1972.141 i34\vy0# Stat., sec. 41-37; Sturgeon v. Brooks, 73 Wyo. 436, 281 P. 2d 675 (1955). 135 Wyo. Stat., sec. 41-46. we wyo. Const, art. VIII, sec. 1; Moyer v. Preston, 6 Wyo. 308, 44 Pac. 845 (1896). 137 Hunt v. Laramie, 26 Wyo. 160, 181 Pac. 137 (1919). estate v. Hiber, 48 Wyo. 172, 44 P. 2d 1005 (1935) ; also, see Riggs Oil Co. v. Gray, 46 Wyo. 504, 30 P. 2d 145 (1934). ™°8tate v. Hiber, 48 Wyo. 172, 44 P. 2d 1005 (1935). «°Wyo. Stat., sec. 41-121. 141 Wyo. Stat., sec. 41-122. |