Wyoming Statutes

Wyo. Stat. § 41-3-102 (2026)

Preferred uses; defined; order of preference.

✓ current as of May 2026
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(a) Water rights are hereby defined as follows according
to use: preferred uses shall include rights for domestic and
transportation purposes, steam power plants, and industrial
purposes; existing rights not preferred, may be condemned to
supply water for such preferred uses in accordance with the
provisions of the law relating to condemnation of property for
public and semi-public purposes except as hereinafter provided.

     (b) Preferred water uses shall have preference rights in
the following order:

            (i)   Water for drinking purposes for both man and
beast;
         (ii)   Water for municipal purposes;

          (iii) Water for the use of steam engines and for
general railway use, water for culinary, laundry, bathing,
refrigerating (including the manufacture of ice), for steam and
hot water heating plants, and steam power plants; and

         (iv)   Industrial purposes.

     (c) The use of water for irrigation shall be superior and
preferred to any use where water turbines or impulse water
wheels are installed for power purposes; provided, however, that
the preferred use of steam power plants and industrial purposes
herein granted shall not be construed to give the right of
condemnation.
Notes of Decisions
Cited in 1 case, 1983–1983 · leading case: Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983).
Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 2× “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 sections 122-402 [§ 41-3-102] and 122-403 [§ 41-3-103], Revised Statutes of Wyoming, 1931, pertaining…”
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