Wyoming Statutes

Wyo. Stat. § 41-4-501 (2026)

Permit required prior to construction of

✓ current as of May 2026

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ditches, canals or other distributing works; contents of
application; unlawful diversion or use of water prohibited;
rulemaking authority.

     (a) Any person, association or corporation hereafter
intending to acquire the right to the beneficial use of the
public water of the state of Wyoming shall, before commencing
the construction, enlargement or extension of any ditch, canal
or other distributing works, or performing any work in
connection with said construction, or proposed appropriation,
make an application to the state engineer for a permit to make
such appropriation. Such application shall set forth the name,
email address, if any, and post-office address of the applicant,
the source of the water supply, the nature of the proposed use,
the location and description of the proposed ditch, canal or
other work, the time within which it is proposed to begin
construction, the time required for completion of construction
and the time required for the complete application of the water
to the proposed use. The application shall also state whether
the applicant will opt for any notices issued under this article
to be delivered only by electronic means. Each applicant shall
maintain a current post-office address with the state engineer
and shall maintain an email address with the state engineer if
opting for notice only by electronic means under this
subsection. Any person who shall willfully divert or use water
to the detriment of others without compliance with law shall be
deemed guilty of a misdemeanor punishable pursuant to W.S. 41-3-
616.

     (b) The state engineer may allow the application to be
submitted electronically as provided by the Uniform Electronic
Transactions Act, W.S. 40-21-101 through 40-21-119.

     (c) The state engineer may adopt reasonable rules and
regulations in accordance with the Wyoming Administrative
Procedure Act as necessary to implement this section.

     (d) Any rules and regulations implementing this section or
any predecessor to this section which were duly adopted
according to the procedure for adoption at the time of adoption,
which were effective as of July 1, 2008 and which have not been
repealed or replaced as of July 1, 2008, are deemed to have been
lawfully adopted in accordance with law and within the scope of
the state engineer's rulemaking authority.

Notes of Decisions

Cited in 4 cases, 1983–2003 · leading case: Lewis v. State Bd. of Control, 699 P.2d 822 (Wyo. 1985).

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Lewis v. State Bd. of Control, 699 P.2d 822 (Wyo. 1985). · cites it 4× “Beneficial use shall be the basis, the measure and limit of the right to use water at all times, not exceeding the statutory limit * * Section 41-4-501 et seq., W.S.1977, explain the procedure for obtaining a water right, i.”

Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 4× “, §§ 41-4-501 through 512) a water permit may then be described as the authority to pursue a water right a conditional but unfulfilled promise on the part of the state to allow the permittee to one day apply the state's water in a particular place and to a specific beneficial…”

In Re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 2004 WY 21 (Wyo. 2003). · cites it 2× “See Wyo. Stat. Ann. § 41-4-501 (LexisNexis 2003) (direct-flow permits) and § 41-3-301 (reservoir permits).”

State of Wyo. v. United States, 933 F. Supp. 1030 (D. Wyo. 1996). · cites it 2× “Section 41-4-501 (1977). In the case of a reservoir, the appropriate person or entity files an application for a permit to construct.”

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