Wyoming Statutes

Wyo. Stat. § 41-3-101 (2026)

Nature of water rights and beneficial use.

✓ current as of May 2026

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A water right is a right to use the water of the state, when
such use has been acquired by the beneficial application of
water under the laws of the state relating thereto, and in
conformity with the rules and regulations dependent thereon.
Beneficial use shall be the basis, the measure and limit of the
right to use water at all times, not exceeding the statutory
limit except as provided by W.S. 41-4-317. In addition to any
beneficial use specified by law or rule and regulation
promulgated pursuant thereto, the use of water for the purpose
of extracting heat therefrom is considered a beneficial use
subject to prior rights. Water being always the property of the
state, rights to its use shall attach to the land for
irrigation, or to such other purposes or object for which
acquired in accordance with the beneficial use made for which
the right receives public recognition, under the law and the
administration provided thereby. Water rights for the direct use
of the natural unstored flow of any stream cannot be detached
from the lands, place or purpose for which they are acquired,
except as provided in W.S. 41-3-102 and 41-3-103, pertaining to
a change to preferred use, and except as provided in W.S.
41-4-514.

Notes of Decisions

Cited in 15 cases, 1978–2009 · leading case: Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983).

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Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 16× “Nor could it comply with § 41-3-101, infra n. 11, which requires an application to beneficial use.”

Belle Fourche Pipeline Co. v. Elmore Livestock Co., 669 P.2d 505 (Wyo. 1983). · cites it 8× “They had no water right which was harmed since they had yet to apply any of the groundwater to a beneficial use.”

Basin Elec. Power Coop. v. State Bd. of Control, 578 P.2d 557 (Wyo. 1978). · cites it 4× “" [Emphasis supplied] Section 41-3-101, W.S. 1977 [Section 41-2, W.”

William F. West Ranch, LLC v. Tyrrell, 2009 WY 62 (Wyo. 2009). · cites it 2× “The plaintiffs refer to the following provisions in support of their claims: ® Wyo. Stat. Ann. § 41-3-101 (LexisNexis 2007): Beneficial use is limit of a water right.”

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× “Wyo.Stat. § 41-3-101 (Supp.1991) provides in relevant part: "Beneficial use shall be the basis, the measure and limit of the right to use water.”

White v. Bd. of Land Commissioners, 595 P.2d 76 (Wyo. 1979). · cites it 2× “The question, however, cannot be properly resolved without reviewing the applicability of the following portion of § 41-3-101, W.S.1977: “. . Water being always the property of the state, rights to its use shall attach to the land for irrigation, or to such other purposes or…”

In Re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 2004 WY 21 (Wyo. 2003). · cites it 3× “§ 41-3-323 (LexisNexis 2003); see also Wyo. Stat. Ann. § 41-3-101 (n. 7, infra) (LexisNexis 2003).”

Lewis v. State Bd. of Control, 699 P.2d 822 (Wyo. 1985). · cites it 2× “Section 41-3-101, W.S.1977, Cum.Supp. 1984, defines the nature of water rights and beneficial use: “A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state relating thereto, and in…”

Laramie Rivers Co. v. Wheatland Irrigation Dist., 708 P.2d 20 (Wyo. 1985). · cites it 2× “1977, where it is said in relevant part: "A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state relating thereto, and in conformity with the rules and regulations dependent…”

John Meier & Son, Inc. v. Horse Creek Conservation Dist. of Goshen Cnty., 603 P.2d 1283 (Wyo. 1979). · cites it 2× “If this court were to hold that the powers of the Board of Control are strictly limited to those as prescribed or set out specifically by the legislature, we would deny them the authority and the right of supervision of the waters of this state, their appropriation, distribution…”

Hofeldt v. Eyre, 849 P.2d 1295 (Wyo. 1993). · cites it 4× “Wyo. Stat. § 41-3-101 (Supp. 1991) provides in relevant part that "[b]eneficial use shall be the basis, the measure and limit of the right to use water.”

Bentley v. Dir. of Off. State Lands, 2007 WY 94 (Wyo. 2007). · cites it 4× “" Wyo. Stat. Ann. § 41-3-101 (LexisNexis 2005).”

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