http://seo.state.wy.us/PDF/b849r.pdf
Wyoming water law like most western states is based on prior appropriation. Prior appropriation means that the first in time is the first in right. When you begin to put the water to beneficial use, you establish a priority. In times of shortage, those with earlier priorities can continue to use water when those with newer priorities are shut off. All water in Wyoming is property of the state.
When a water right is adjudicated, that water right is permanently attached to that piece of land. Water rights are adjudicated based on 1 cfs per 70 acres of land. Water rights prior to March 1, 1945 are entitled to 2 cfs per 70 acres. If there is enough water, post 1945 and pre 1981 can draw 2 cfs before any water is given to post 1985 water rights. It is not illegal to divert more than your right if all other rights have been satisfied, the stream is not in regulation and you are not wasting the water.
When there is not enough water to meet demands, water for preferred use takes precedent over non preferred use. Hydropower is a non-preferred use.
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