Water rights in Wyoming are a critical aspect of rural property ownership, impacting agriculture, local ecosystems, and community relations. This blog aims to shed light on the complexities of Wyoming’s water law, providing essential insights for prospective buyers and current property owners.
A Brief History of Water Law in Wyoming:
Wyoming’s water law has its roots in the late 1800s, thanks to the efforts of Erwin Meade. He established a legal framework that has endured through the years, creating a system that emphasizes the principle of “first in time, first in line.” This means that the earliest filings for water rights hold seniority over later claims, regardless of geographic location.
Legal Framework and Key Principles:
The legal landscape of water rights in Wyoming is built around several key principles:
First in Time, First in Line: Senior water rights belong to those who filed first with the state engineer. This system prioritizes earlier claims during times of scarcity.
Conveyance Rights: Anyone with conveyance rights can apply to the Wyoming Board of Control to transfer those rights. This flexibility allows property owners to adapt their water usage as needed. It is the right to move water through a specific improvement (ditch, pipeline).
Types of Water:
Adjudicated Water: This refers to water rights that have been formally recognized and allocated through legal processes. They are attached to specific acreage.
Stored Water: Water that is collected and preserved in reservoirs for future use, essential for irrigation and agricultural practices.
Loss of Water Rights: It’s important to note that water rights can be lost for non-use after several years. Therefore, maintaining active use of your water rights is crucial to retain them.
Ongoing Controversies:
Water rights can often lead to disputes between property owners, and even across state lines. Conflicts arise over resource allocation, with historical documentation providing a basis for these disagreements. The Wyoming State Engineer’s Board of Control plays a pivotal role in resolving these disputes and ensuring that water laws are upheld.
Practical Advice for Property Buyers:
When considering rural properties in Wyoming, potential buyers should conduct thorough due diligence:
Consult the Wyoming Board of Control: Engage with this governing body to understand existing water rights associated with any property you are considering.
Hire Surveying or Engineering Firms: Developing a detailed water map can help you understand the water resources available to your property.
Know the Ditch Rule: Properties located below a ditch often come with water rights, which can be beneficial for irrigation.
Additionally, buyers and property owners can apply to the Wyoming Board of Control to move adjudicated water rights to previously unirrigated acreage, expanding the utility of their land.
Understanding water rights in Wyoming is crucial for rural property owners. By familiarizing yourself with the legal framework, ongoing controversies, and practical steps for securing water rights, you can make informed decisions that benefit both your agricultural endeavors and the local ecosystem.
When purchasing land or rural properties, it’s essential to work with an agent who has in-depth knowledge of water rights. At Century 21 BHJ, we have experienced professionals who can guide you through the intricacies of water law and ensure that you make the best decisions for your property investments.
Stay informed, and consider reaching out to experts in water law to navigate this complex but essential aspect of property ownership in Wyoming.