Wyoming Constitution article 8. Irrigation and Water Rights.
Wyoming Constitution – Article 8: Irrigation and Water Rights
📜 Overview:
Article 8 of the Wyoming Constitution is a foundational legal framework that governs water rights, irrigation, and water use within the state. Given Wyoming’s arid climate and agricultural economy, water law is critical, and Article 8 reflects the state’s early and strong emphasis on equitable water distribution and public ownership.
🔑 Key Provisions and Principles of Article 8:
Water as State Property (Section 1):
All natural waters within the boundaries of Wyoming are the property of the state.
This means individuals can obtain rights to use water, but not to own the water itself.
Beneficial Use Doctrine (Section 3):
Water use must be for a beneficial purpose, such as irrigation, mining, industry, or domestic use.
"Beneficial use shall be the basis, the measure and the limit of the right to use water."
Priority of Rights – “First in Time, First in Right” (Section 3):
Wyoming follows the prior appropriation doctrine, meaning those who first put water to beneficial use have priority in times of shortage.
Water Appropriation System (Sections 4–6):
Water rights must be formally appropriated through application and permit.
The State Engineer is tasked with reviewing and approving water right applications.
The state maintains records of all appropriated waters.
Supervision and Control (Section 2, 5, 6):
The State Engineer and Board of Control oversee distribution and enforcement of water rights.
The state may create water divisions and appoint superintendents.
Protection of Existing Rights (Section 4):
No new appropriations can impair existing or senior water rights.
Board of Control (Section 5):
Composed of the State Engineer and division superintendents, this board is the final authority in water right disputes.
Public Interest and Policy (implied throughout):
Water use must not only be beneficial but also consistent with public interest and conservation.
🧭 Purpose and Significance:
Ensures fair access to a scarce and essential resource.
Balances agricultural, industrial, municipal, and environmental water needs.
Provides a clear, legally enforceable water rights framework.
Wyoming was one of the first states to enshrine state ownership and management of water in its constitution, serving as a model for other western states.
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