Wyoming Statutes

Wyo. Stat. § 41-4-324 (2026)

Surplus water; construction of W.S. 41-4-317

✓ current as of May 2026

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through 41-4-324.
Nothing in this act shall be so construed as to permit,
authorize or make lawful the diversion or taking of any water
other than surplus water as herein defined.

Notes of Decisions

Cited in 2 cases, 1984–1985 · leading case: Cremer v. State Bd. of Control, 675 P.2d 250 (Wyo. 1984).

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Cremer v. State Bd. of Control, 675 P.2d 250 (Wyo. 1984). · cites it 5× “4-1-4-317 through W.S. 41-4-324, the Petitioner and its predecessors have enjoyed a 1945 junior priority right to the distribution of the surplus waters from all four sources of supply.”

Laramie Rivers Co. v. Wheatland Irrigation Dist., 708 P.2d 20 (Wyo. 1985). · cites it 2× “Secondly, it would be necessary to abandon the appellants' base rights in order to effect abandonment of their surplus water rights, and the surplus water law (§ 41-4-324, supra) prohibits its utilization for the purpose of taking or diverting other than surplus water.”

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