Wyoming Statutes

Wyo. Stat. § 41-4-517 (2026)

Appeal from action of state engineer or order of

✓ current as of May 2026
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board of control.

Any applicant who is aggrieved by the endorsement made by the
state engineer upon his application, may, in writing, in an
informal manner and without pleadings of any character, appeal
to the board of control within sixty (60) days of the date of
receipt of notice of the endorsement, for an examination and
reversal of any such action of the state engineer. Upon receipt
of such an appeal, the secretary of the board of control shall
notify the members of the board of control and upon receipt of
replies from them shall fix a date, as early as may be possible,
when such appeal shall be heard before the board. All parties
and those who claim an adverse interest thereto, shall be
notified and shall be given an opportunity to be heard. Any
person aggrieved by any order or determination of the board of
control in cases embracing such appeals from the state engineer,
may appeal to the district court of the county in which the
greatest use of water is proposed to be made under the
application. The procedure in the appeal from a decision of the
board of control shall be in conformity with the Wyoming
Administrative Procedure Act and the Wyoming Rules of Appellate
Procedure. The attorney general shall, in such cases, represent
the state board of control.
Notes of Decisions
Cited in 2 cases, 1983–2003 · leading case: Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983).
Green River Dev. Co. v. FMC Corp., 660 P.2d 339 (Wyo. 1983). · cites it 10× “Undeterred, the Board of Control assumed jurisdiction under authority of § 41-4-517, W.S. 1977 [5] and Article 8, § 2 of the Wyoming *343 Constitution, [6] thus rejecting Green River's contention that the appeal should be taken directly to the district court.”
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× “The statutes also provide the Board of Control’s order can be appealed to the district court in conformity with the Administrative Procedure Act, and the Rules of Appellate Procedure.”
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