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Old 08-30-2011, 04:33 PM
 
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If you have water rights in Wyoming are they perpetual?
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Old 08-30-2011, 04:50 PM
 
Location: NW Las Vegas - Lone Mountain
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Originally Posted by BennyPhoenix View Post
If you have water rights in Wyoming are they perpetual?
If used. Five year rule if not.
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Old 08-30-2011, 05:23 PM
 
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Who get's the right if it is not used?
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Old 08-30-2011, 06:39 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 38,197,261 times
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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.
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Old 08-30-2011, 06:41 PM
 
11,555 posts, read 53,171,880 times
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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.
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Old 08-30-2011, 07:30 PM
 
1,319 posts, read 4,242,603 times
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I understand it better now.
Thanks for the input folks!
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