037-1 Wyo. Code R. § 1-19
By-product water is water which is a by-product of the activities of some nonwater-related economic activity, such as oil well separator systems, dewatering of mine areas or waste water from mines. If the water produced as a result of such activities is to be beneficially used in any manner, an application for a permit to appropriate water much be filed with and approved by the State Engineer before the water can be put to beneficial use.
The by-product water may be filed on by ground water procedures if (a) the water is intercepted while it is readily identifiable and has not yet commingled with other water, and (b) an agreement accompanies the application which has been signed by the developer-grantor of the by-product water and the applicant-grantee which sets forth any provisions for the reservation of the water for use by the developer-grantor.
The granting of such a water right for the use of by-product water does not imply that the developer-grantor of the water must maintain or provide the historic, or any, amount of by-product water to the applicant-grantee and the water right is subject to any agreement made between the developer-grantor and the applicant-grantee. In all other cases in which conditions (a) and (b) are not met, an application to appropriate by-product water shall be governed by the laws pertaining to surface water.
The procedure for filing on by-product water as ground water is found in Chapter II, Section 6, Page 10.
037-1 Wyo. Code R. § 1-19