Wyo. Stat. § 41-3-1002 (2026)

for instream flows may be sold, transferred or otherwise
conveyed under certain restrictions; ownership restricted.

     (a) All waters used for the purpose of providing instream
flows shall be applied only to that segment of the stream for
which they are granted. The stream segment and the
determination of a minimum amount of water required for instream
flow purposes shall be defined specifically.

     (b) After waters allowed for instream flows have passed
through the specific stream segment, all rights to those
instream flow waters are relinquished, and the water shall be
available for reappropriation, diversion and beneficial use.

     (c) Storage water appropriated for the purpose of
providing instream flows in specified stream segments or
existing water rights which are converted to instream flow under
provisions of W.S. 41-3-1007 of this act may later be sold,
transferred or otherwise conveyed to any other purpose pursuant
to the requirements of W.S. 41-3-104, except that the board of
control shall require that an advertised public hearing be held.

     (d) Any person may divert and appropriate, as provided by
law, instream flow waters for any beneficial use other than for
instream flows at the following places:

          (i) Within one (1) mile upstream from any point where
the instream flows cross the Wyoming state line;

          (ii) Within one (1) mile upstream from any point
where the instream flows enter the main stem of the North Platte
River;

          (iii) Within one (1) mile upstream from any point
where the instream flows enter the Big Horn Lake;

          (iv) Within one (1) mile upstream from any point
where the instream flows enter the Flaming Gorge Reservoir;
          (v) Within one (1) mile upstream from any point where
the instream flows enter the Palisades Reservoir.

     (e) No person other than the state of Wyoming shall own
any instream flow water right.