U.S. CitiesCity-Data Forum Index
Happy Halloween!
Go Back   City-Data Forum > U.S. Forums > Wyoming
 [Register]
Please register to participate in our discussions with 1.5 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Jump to a detailed profile or search
site with Google Custom Search

Search Forums  (Advanced)
Business Search - 14 Million verified businesses
Search for:  near: 
 
Old 08-30-2011, 04:33 PM
 
1,078 posts, read 2,513,149 times
Reputation: 627
Default Water rights question

If you have water rights in Wyoming are they perpetual?
Reply With Quote Quick reply to this message

 
Old 08-30-2011, 04:50 PM
 
Location: NW Las Vegas - Lone Mountain
15,757 posts, read 20,302,992 times
Reputation: 2661
Quote:
Originally Posted by BennyPhoenix View Post
If you have water rights in Wyoming are they perpetual?
If used. Five year rule if not.
Reply With Quote Quick reply to this message
 
Old 08-30-2011, 05:23 PM
 
1,078 posts, read 2,513,149 times
Reputation: 627
Who get's the right if it is not used?
Reply With Quote Quick reply to this message
 
Old 08-30-2011, 06:39 PM
 
Location: NW Las Vegas - Lone Mountain
15,757 posts, read 20,302,992 times
Reputation: 2661
Quote:
Originally Posted by BennyPhoenix View Post
Who get's the right if it is not used?
I believe they go back into the pool to be reapportioned to whoever comes after them.

It is not clear that you will lose the rights. You need to know more about how they really do things in Wyoming than I do. Someone with the same or a lower priority than you has to petition or the State Engineer has to come after them. I have no idea how likely that is to happen. I expect it is a product of how in demand those water rights are.

It is however not uncommon in the west for their to be more demand than water...if so the rights are in trouble.

If you have substantial water rights you need an expert. Probably a lawyer who does this highly specialized practice. Look in rural towns or small cities nearby...there will be one or a couple of them. You might stay away from the nearest town...as that lawyer is likely part of the local group and may not be interested in protecting your interests.
Reply With Quote Quick reply to this message
 
Old 08-30-2011, 06:41 PM
 
8,184 posts, read 21,430,088 times
Reputation: 7810
Quote:
Originally Posted by BennyPhoenix View Post
Who get's the right if it is not used?
41-3-401 State statutes covers the abandonment issues. 5 years nominally, but allows for application of extension of the time frame up to 5 years upon application, with additional 5 year extensions allowed. There are many reasons why a water right may appear to be abandoned, so you need to be a bit more specific about the circumstances and the water right to get a better handle on what has been abandoned.

As all the water within the state of Wyoming is owned by the state, if an abandoment is determined, the water reverts back to the state. The state engineer can determine the next water appropriator in turn and award them the use of the water. For ag irrigation water, there's a big stack of applications on file ... with the earliest filing date having the priority to get the water. The state engineer has the right to fill those water requests in sequence per the applied for flow of water; it's possible that an abandoned water right may have enough water to satisfy severl applicants or only part of the most senior application.
Reply With Quote Quick reply to this message
 
Old 08-30-2011, 07:30 PM
 
1,078 posts, read 2,513,149 times
Reputation: 627
I understand it better now.
Thanks for the input folks!
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Options
X
Data:
Loading data...
Based on 2000-2011 data
Loading data...

123
Hide US histogram

Over $84,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Wyoming
Similar Threads

All times are GMT -6.

2005-2014, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 - Top