037-1 Wyo. Code R. § 1-5

Current through April 27, 2019
Section 1-5 - Ground Water

a. W.S. 41-3-901 through 41-3-938 constitute a comprehensive ground water code. Although the use of ground water is not administered in exactly the same manner as is the use of surface water, a permit system is in effect in Wyoming. Prior to commencement of construction of a ground water development, a permit to appropriate ground water must be obtained from the State Engineer. Upon completion of construction and application of the water to beneficial use, and submission of proper documents, a proof is presented to the State Board of Control for adjudication. The statutes give authority to the State Engineer to resolve disputes involving interference between ground water appropriations or between surface water and ground water appropriations. For a detailed explanation of the procedures to be followed, see the Regulations and Instructions of the State Engineer's Office.

b. The statutes also provide procedures whereby a "ground water control area" may be designated by the State Board of Control upon the recommendation of the State Engineer after the Board holds a public hearing. After the boundaries of a newly designated control area are geographically and stratigraphically determined, all previously unadjudicated ground water rights (excepting stock, test wells or domestic ground water rights) within the control area are adjudicated. The State Engineer works with an advisory board, which is elected from within the control area. W.S. W.S. W.S. 41-3-915 provides that the appropriators in a control area "may agree to any method or scheme of control of withdrawals, well spacing, apportionment, rotation or proration of the common supply of underground water," and same may be instituted if ordered by the State Engineer.

037-1 Wyo. Code R. § 1-5