037-1 Wyo. Code R. § 1-19
a. Certain uses of water including municipal, stock and domestic uses are defined by law as preferred uses. W.S. 41-3-102 sets out the preferred uses and establishes their order of preference. Water for industry is a preferred use over water for irrigation except that the use of water for steam power plants and industrial purposes does not give the right of condemnation. Water rights for these uses may be obtained through the regular permit and adjudication procedures, or by acquisition of the right to use water already appropriated for some other purpose, such as irrigation.
The law allows a preferred use to condemn a lower ranking use in accordance with the provisions of civil law relating to condemnation of property. Following a successful condemnation action, a petition for change of use must be submitted to the Board.
b. Regardless of how a preferred use appropriation is acquired, the right to divert water is subject to regulation in accordance with the priority date of the acquired water right. The condemnation procedure does not expand the nature of the right condemned by a preferred use. It only ensures that the change of use can occur. W.S. W.S. W.S. 41-3-907 provides an exception for appropriations of underground water for stock or domestic purposes (with certain quantity limitations), which may be used at any time regardless of priority dates.
037-1 Wyo. Code R. § 1-19