OCR Text |
Show 826 WYOMING The engineer, on his own motion or petition of users, and after hearing, may determine if the supply is adequate for the needs. If he determines it to be insufficient, he may close the critical area to further appropriation, determine the total permissible withdrawal, and apportion the water according to priority of the rights, order- ing the junior appropriators to cease or reduce withdrawals if neces- sary to protect prior rights. If he finds cessation of use by the junior appropriator will not result in proportionate benefits to senior appro- priators, he may require rotation of use in the critical area. Also, the statute allows appropriators from a critical area to agree on a method of withdrawal. Interconnected aquifers are to be treated as a single source of supply.157 An appropriator may change the location of his well without a loss in priority. If the right has been adjudicated, approval of the change must be secured from the board of control. If the right has not been adjudicated, approval must be secured from the State engi- neer, and an appeal from his decision is allowed.158 Ground water rights may be adjudicated under the procedures applicable to surface waters.159 Ground water rights may be declared abandoned and forfeited under the same rules and procedures as are applicable to surface waters. Violations of the ground water act are declared to be mis- demeanors.160 Publications Available Institution for water resource research: Water Resources Research Institute The University of Wyoming P. O. Box 3038 University Station Laramie, Wyoming 82070 307-766-2143 Publications Trelease and Lee, Priority and Progress-Case Studies in the Transfer of Water Rights, 1 Land and Water Law Rev. 1 (1966). Note, County and Municipal Flood Plain Zoning Under Existing Wyoming Legislation, 7 Land and Water L. Rev. 103 (1972). Mclntire, Disparity Between State Water Rights Records and Actual Water Use Patterns, "I Wonder Where the Water Went?", 5 Land and Water L. Rev. 23 (1970). Note, Forfeiture of Water Rights in Wyoming, 14 Wyo. L. J. 51 (1959). Note, Right to Use Waste Water Before it Re-enters the Stream, 12 Wyo. L.J. 47 (1957). Note, Rights of the Original Appropriator to Recapture Water Used in Irriga- tion, 11 Wyo. L.J. 39 (1956). Barrett, Constitutionality of the Wyoming Underground Water Statute, 3 Wyo. L.J. 140-4 (1949). "'Wyo. Stat., sees. 41-132, 41-133. 158 Wyo. Stat., sec. 41-134. ass Wyo. Stat., sec. 41-212.1. 180 Wyo. Stat.. sees. 41-136, 41-137. |