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Show 824 WYOMING The priority of appropriation for ground water rights obtained prior to April 1, 1947, is the date of the completion of the well; for appropriations subsequent to April 1, 1947, and prior to March 1, 1958, the priority shall date from the filing of the registration in the engineer's office. The priority of appropriations made subsequent to March 1, 1958, shall date from the filing of the application with the State engineer. Priority of stock and domestic wells shall date from the date of completion of the well if properly registered with the State engineer prior to December 31, 1972.142 The rule in Wyoming governing the use of ground water prior to the recent legislation is not entirely clear. While one early case dis- cussed a landowner's rights in terms of the common law rule,143 it appears that the decision only stands for the proposition that one who develops groundwater for his use will not be deprived of this water by one who contributed nothing to its production.144 B. CURRENT PROCEDURE With regard to the appropriation of ground water after March 1, 1958, any person intending to acquire a right must file an application for a permit with the State engineer before commencing work on the well. However, nothing in the statute is to be construed to interfere with the right of any person to use an existing well for stock and domestic purposes, provided that a statement of claim is filed prior to December 31, 1972.145 The application will be granted in a non- critical area if the use is beneficial, if the means of diversion is ade- quate, and if the filing is in the public interest.146 If the application is for water from a critical area, notice shall be published, objections may be filed, and a hearing held. The engineer may approve applications in critical areas if he finds there is un- appropriated water, if the means of diversion is adequate, if the well does not conflict with the well-spacing program, and if the proposed use would not be detrimental to the public interest.147 The engineer may issue any permit subject to such conditions as he determines are in the public interest.148 The engineer fixes time limits to commence construction and to complete construction of works in accordance with the same proce- dures as are applicable to applications for surface water. Also, a re- port is required upon completion or abandonment of works. When the project is completed, proof of appropriation is submitted and a cer- tificate issued.149 Appropriation for stock and domestic use, as defined by the act, shall have a preferred right over all other uses regardless of their dates of priority. Otherwise, rights to ground water shall be subject to the same preferences as provided for surface water.150 1*2 Wyo. Stat., see. 41-144. ™Hunt v. Laramie, 26 Wyo. 160, 181 Pac. 137 (1919). "*Bower v. Big Horn Canal Asa'n., 77 Wyo. 80, 307 P. 2d 593 (1957). 145 Wyo. Stat., sec. 41-138. 146 Wyo. Stat., sec. 41-139. 147 Wyo. Stat., sec. 41-140. «s Wyo. Stat., Bee. 41-141. !«Wyo. Stat., sees. 41-142, 41-143. 150 Wyo. Stat., sees. 41-123, 41-124. |