037-2 Wyo. Code R. § 2-1

Current through April 27, 2019
Section 2-1 - Statutory Requirements

(a) "Any person who intends to acquire the right to beneficial use of any underground water in the state of Wyoming, shall, before commencing construction of any well or other means of obtaining underground water or performing any work in connection with construction or proposed appropriation of underground water or any manner utilizing the water for beneficial purposes, file with the state engineer an application for a permit to make the appropriation and shall not proceed with any construction or work until a permit is granted by the state engineer..." (W.S. § 41-3-930 )

(b) "An appropriator of underground water may change the location of his well to a point within the same aquifer in the vicinity of the original location, without loss of priority, by securing approval of the state board of control if the groundwater right has been adjudicated or if the groundwater right has not been adjudicated but the water has been applied to beneficial use. In cases involving domestic or stock water wells which are not adjudicated but the water has been applied to beneficial use, the state engineer may approve a change of location. If the right is not adjudicated and the water has not been applied to beneficial use, approval for the change in location may be granted by the state engineer." (see W.S. § 41-3-917(a) )

(c) "It shall be unlawful for any person to construct, alter or rehabilitate a water well or install pumping equipment in a water well without a license as provided by [W.S. § 33-42-101 through 33-42-117 ] unless the activity is exempted from the licensing requirements of [W.S. § 33-42-101 through 33-42-117 ]." (W.S. § 33-42-103(f) )

(d) "Any person who drills, digs or constructs any works for the securing of underground water without having obtained a permit is guilty of a misdemeanor and upon conviction shall be punished under W.S. § 41-3-616." (W.S. § 41-3-938 )

(e) "Any person who withdraws underground water or who fails to stop or reduce the flow of underground water in violation of any order of the state engineer made pursuant to this act, or any person who does not have a permit, certificate or vested right to appropriate underground water who shall withdraw underground water from any well other than a well for stock or domestic purposes as defined in W.S. § 41-3-907, is guilty of a misdemeanor and upon conviction shall be punished under W.S. § 41-3-616." (W.S. § 41-3-919 )

(f) "The state engineer is authorized and empowered on advice and consent of the board of control... to require the abatement of any condition, or the sealing of any well, responsible for the admission of polluting materials into an underground water supply." (W.S. § 41-3-909(a) )

037-2 Wyo. Code R. § 2-1