Wyoming Statutes

Wyo. Stat. § 41-4-506 (2026)

Time limits for completing construction work;

✓ current as of May 2026

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extensions; forfeiture of rights; cancellation of permit; notice
of date of expiration to appropriator.

Whenever the state engineer places his endorsement of approval
on any application for a water permit, he shall require that
actual construction work be completed within the time set by him
in the permit. The time set for completion shall not exceed a
period of five (5) years after the date of approval of
application. In the case of an application for a ditch permit,
he shall further require that the application of the water to
beneficial use must be completed before the date which he shall
specify, and which shall not be earlier than the date specified
for the completion of construction; and that final proof of
appropriation must be submitted within five (5) years after the
date specified for the completion of the application of the
water to beneficial use. He may limit the application to a less
period of time for the completion of construction and
application of water to beneficial use than is asked for in the
application. For good cause shown, the state engineer may at any
time, or from time to time, before the date of expiration,
extend any or all of these periods. An extension of time for
compliance with any of the specified requirements shall be
construed to automatically extend for a like period the time for
compliance with any of the specific requirements in relation to
which the time expires thereafter. Default by the holder of the
permit in any of the specified requirements shall work a
forfeiture of the water right involved. The state engineer may
upon such default cancel the permit. The state engineer shall,
at least three (3) months before default in any of these
requirements shall be operative, notify the permit holder when
the time allowed will expire. Notification may be delivered by
United States postal service, by other generally accepted mail
delivery method to the post-office address given by the permit
holder or by email or other electronic means that provides
actual notice to the permit holder. If the permit holder cannot
be reached by mail or by email, the state engineer shall notify
the permit holder by certified mail to the permit holder's last
known address and shall publish notice of the default on the
state engineer's official website and for three (3) weeks in a
newspaper of general circulation published in the county, or in
case there is no newspaper of general circulation published in
the county, then in a newspaper published in the state of
Wyoming and in general circulation in the county, the last
publication to be at least two (2) months before cancellation of
the permit.

Notes of Decisions

Cited in 7 cases, 1978–2006 · leading case: Associated Enter., Inc. v. Toltec Watershed Improvement Dist., 578 P.2d 1359 (Wyo. 1978).

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Associated Enter., Inc. v. Toltec Watershed Improvement Dist., 578 P.2d 1359 (Wyo. 1978). · cites it 9× “This appeal is taken from a district court order affirming the decision of the State Engineer granting to the Toltec Watershed Improvement District an extension of time to commence and complete construction of the Toltec Reservoir and associated facilities, which decision was…”

Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 5× “§ 41-4-506, W.S. 1977. Section 41-4-507, W.”

Kennedy Oil v. Lance Oil & Gas Co., 2006 WY 9 (Wyo. 2006). · cites it 2× “The courts adopted the doctrine solely for the purpose of justice founded in law, reason, and convenience based on broad equitable principles.”

John Meier & Son, Inc. v. Horse Creek Conservation Dist. of Goshen Cnty., 603 P.2d 1283 (Wyo. 1979). “1977, the decision of the Board should be limited to a determination of a "good cause", this being the area of inquiry assigned to the State *1287 Engineer by the statute and that a wide ranging inquiry involving other questions was improper.”

Joe Johnson Co. v. Landen, 738 P.2d 711 (Wyo. 1987). “See § 41-4-506, W.S.1977.” I would hold that, because there had been no application of the water authorized under the certificate of appropriation issued by the state engineer to a beneficial use, no vested and enforceable water right existed which this state would recognize and…”

Denius v. T R Twelve, Inc., 589 P.2d 374 (Wyo. 1979). · cites it 5× “The extension of time was requested under and by authority of § 41-4-506, W.S.1977 (originally § 41-206, W.”

In Re the Gen. Adjudication of All Rights to Use Water in the Big Horn River Sys., 2002 WY 89 (2002). · cites it 2× “Throughout the development of the project, from 1905 through the early 19608, the United States requested, and the state engineer granted for "good cause shown," numerous extensions of time to put the water initially claimed in 1905 to beneficial use pursuant to Wyo. Stat. §…”

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