037-1 Wyo. Code R. § 1-1

Current through April 27, 2019
Section 1-1 - Constitutional Framework

a. The water within the boundaries of Wyoming is "declared to be the property of the state" by Section 1, Article 8 of the Wyoming State Constitution. Section 2 establishes the State Board of Control, hereinafter referred to as Board, as the governmental body "which shall, under such regulations as may be prescribed by law, have the supervision of the waters of the state and of their appropriation, distribution and diversion, and of the various officers connected therewith." The State Board of Control is to be composed of the State Engineer and the superintendents of the state's four water divisions. The superintendents are appointed by the Governor based upon the results of examinations conducted by the State Engineer.

b. The Constitution also provides at Section 5, Article 8, that the State Engineer is to be appointed by the Governor and is to serve as President of the State Board of Control. In his or her capacity as State Engineer, he or she "shall have general supervision of the waters of the state and of the officers connected with its distribution." The ex-officio secretary is appointed by the Board (see W.S. 41-4-202 ). Additional administrative officers are provided by statute, most notably, the state's water commissioners.

037-1 Wyo. Code R. § 1-1