Wyoming Statutes

Wyo. Stat. § 41-3-104 (2026)

Procedure to change use or place of use.

✓ current as of May 2026

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(a) When an owner of a water right wishes to change a
water right from its present use to another use, or from the
place of use under the existing right to a new place of use, he
shall file a petition requesting permission to make such a
change. The petition shall set forth all pertinent facts about
the existing use and the proposed change in use, or, where a
change in place of use is requested, all pertinent information
about the existing place of use and the proposed place of use.
The board may require that an advertised public hearing or
hearings be held at the petitioner's expense. The petitioner
shall provide a transcript of the public hearing to the board.
The change in use, or change in place of use, may be allowed,
provided that the quantity of water transferred by the granting
of the petition shall not exceed the amount of water
historically diverted under the existing use, nor exceed the
historic rate of diversion under the existing use, nor increase
the historic amount consumptively used under the existing use,
nor decrease the historic amount of return flow, nor in any
manner injure other existing lawful appropriators. The board of
control shall consider all facts it believes pertinent to the
transfer which may include the following:

          (i) The economic loss to the community and the state
if the use from which the right is transferred is discontinued;

          (ii) The extent to which such economic loss will be
offset by the new use;

          (iii) Whether other sources of water are available
for the new use.

     (b) In all cases where the matter of compensation is in
dispute, the question of compensation shall be submitted to the
proper district court for determination.

Notes of Decisions

Cited in 7 cases, 1978–2012 · leading case: Basin Elec. Power Coop. v. State Bd. of Control, 578 P.2d 557 (Wyo. 1978).

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Basin Elec. Power Coop. v. State Bd. of Control, 578 P.2d 557 (Wyo. 1978). · cites it 37× “Basin's petition, filed pursuant to § 41-3-104, W.S. 1977 [§ 41-4.1, W.S. 1957, 1975 Cum.”

Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 39× “These parties urged that § 41-4-514(a) did not authorize the State Engineer to enter the order requested, and that change of use, place of use, point of diversion and means of conveyance of the state's water could only be accomplished through compliance with the standards…”

Thayer v. City of Rawlins, 594 P.2d 951 (Wyo. 1979). · cites it 16× “2d 629 (1954); and § 41-3-104, W.S. 1977. However, an importer of water at least insofar as these defendants are concerned has the right to reuse, successively use and make disposition of imported waters.”

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 10× “[7] Even if the Tribes were to petition to change the use of their reserved water right from agricultural purposes to another beneficial use permitted by law, they would have to overcome the difficulty of complying with Wyo.Stat. § 41-3-104 (1977). Section 41-3-104 provides that…”

Montana v. Wyoming, 563 U.S. 368 (2011). “§89-803 (1947); Wyo. Stat. Ann. §41-3-104 (1977). Accordingly, certain types of changes can occur even though they may harm downstream appropriators.”

Petition for Change in Use & for Change in Place of Use for The Ekxtrom No. 1 Well v. State Bd. of Control, 649 P.2d 657 (Wyo. 1982). · cites it 21× “Simply stated, appellant Town of Pine Bluffs seeks, in this appeal, to increase an adjudicated groundwater water right by utilizing the change-of-use-and-change-in-place-of-use statute, § 41-3-104, W.S.1977. 1 *658 Paraphrased, this statute says that a petition for change in use…”

Garber v. Wagonhound Land & Livestock Co., 279 P.3d 525 (Wyo. 2012). · cites it 7× “, the petitioned change of place of use "will not allow a quantity of water to be transferred which exceeds the amount historically diverted under existing uses, exceeds the historic rate of diversion, increases the historic amount consumptively used, decreases the historic…”

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