Wyoming Statutes

Wyo. Stat. § 41-4-318 (2026)

Surplus water; defined.

✓ current as of May 2026

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For the purpose of this act, surplus water is hereby defined to
be that quantity of water belonging to the state of Wyoming
flowing in the natural channel of any main stream or a tributary
of a main stream within the boundaries of Wyoming, at any time
in excess of the total amount required to furnish to all
existing appropriations from said stream system the maximum
amount of water for which all said appropriations have been
granted, whether by permit or by adjudicated decree as of March
1, 1945.

Notes of Decisions

Cited in 4 cases, 1984–1993 · leading case: Schulthess v. Carollo, 832 P.2d 552 (Wyo. 1992).

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Schulthess v. Carollo, 832 P.2d 552 (Wyo. 1992). · cites it 5× “Compare Wyo.Stat. § 41-4-318 (1977), Wyo.Stat. § 41-4-329 (Supp.”

Laramie Rivers Co. v. Wheatland Irrigation Dist., 708 P.2d 20 (Wyo. 1985). · cites it 4× “board of control to declare the abandonment of existing water rights under this section: "(i) Any person who has a valid adjudicated water right or is the holder of a valid permit from the same source of supply which is equal to or junior in date of priority to the right for…”

Cremer v. State Bd. of Control, 675 P.2d 250 (Wyo. 1984). · cites it 3× “) Surplus water is defined in § 41-4-318, W.S.1977 to be that water which “at any time [exceeds] the total amount required to furnish to all existing appropriations" (emphasis added) the amount of water which had been granted as of March 1, 1945.”

Joe Johnson Co. v. Wyoming State Bd. of Control, 857 P.2d 312 (Wyo. 1993). · cites it 4× “e board of control to declare the abandonment of existing water rights under this section: (i) Any person who has a valid adjudicated water right or is the holder of a valid permit from the same source of supply which is equal to or junior in date of priority to the right for…”

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