Article 8, Section 1 of the Wyoming Constitution states that "The water of all natural streams, springs, lakes or other collections of still water, within the boundaries of the state, are hereby declared to be the property of the state."

 

Article 8, Section 1 of the Wyoming Constitution states that "The water of all natural streams, springs, lakes or other collections of still water, within the boundaries of the state, are hereby declared to be the property of the state."

Water Law in Wyoming

Water Law encompasses everything related to water in Wyoming.  The State Engineer's Office is responsible for the management of both surface and underground water in Wyoming.  They administer and are responsible for appropriate, distribution, and management.

If you are interested in obtaining water rights the State Engineer has the authority to approve or reject your application.  The application process is often confusing and the attorneys at Greear Clark King, P.C. can help you through the difficult process.

Additionally, Greear Clark King, P.C. can help you with issues such as Point of Diversion, Change of Use Procedures, Adjudications, Instream Flows, Recognized Beneficial Uses, and Quantification Requirements and Procedures.

Wyoming water law is founded on the principal of "Prior Appropriation" this means "First in Time, First in Right."  If you need to apply for a permit or would like to upgrade a water system, the attorneys at Greear Clark King, P.C. can help guide you through the often confusing application process.

Water right holders in Wyoming are limited to withdrawals related to beneficial purposes.  Wyoming recognizes several purposes as beneficial.  These include: Stock, Domestic, Instream flows, irrigation, power generation, recreational, municipal, industrial, pollution control and miscellaneous uses.

There are no restrictions on who can hold a water right in Wyoming with the exception of instream flows which may only be held by the State of Wyoming.  This means any entity, including federal, state boards, corporations, individuals and districts may all hold water rights.  In some situations water rights may also be held jointly by a group of individuals.