Wyoming Statutes

Wyo. Stat. § 41-3-1001 (2026)

Waters stored for instream flows a beneficial

✓ current as of May 2026

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use of water; natural stream flows allowed for instream flows.

     (a) The storage of water in any drainage in Wyoming for
the purpose of providing a recreational pool or the release of
water for instream flows to establish or maintain new or
existing fisheries is a beneficial use of water subject to
normal stream loss.

     (b) Unappropriated water flowing in any stream or drainage
in Wyoming may be appropriated for instream flows to maintain or
improve existing fisheries and declared a beneficial use of
water on a case by case basis by the state engineer if such use
does not impair or diminish the rights of any other appropriator
in Wyoming.
     (c) Waters used for the purpose of providing instream
flows under subsection (a) of this section shall be the minimum
flow necessary to establish or maintain fisheries.

     (d) Waters used for the purpose of providing instream
flows under subsection (b) of this section shall be the minimum
flow necessary to maintain or improve existing fisheries.

Notes of Decisions

Cited in 1 case, 1992–1992 · leading case: In Re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 835 P.2d 273 (Wyo. 1992).

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In Re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 835 P.2d 273 (Wyo. 1992). · cites it 4× “[3] Wyo.Stat. §§ 41-3-1001 to -1014 (Supp.1991).”

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