41-3-329. Change in point of diversion.
(a) The storage of water by means of a reservoir is a diversion, and the point of diversion is the point defined in the permit where the longitudinal axis of the dam crosses the center of the streambed.
(b) A change in point of diversion of a reservoir may be granted pursuant to W.S. 41-3-114 by the state engineer if the water right is unadjudicated, or by the state board of control if the water right has been adjudicated. No petition shall be granted if the rights of other appropriators shall be injuriously affected thereby or if the change is not within the original project concept. In deciding whether to grant or deny a proposed change in point of diversion of a reservoir within the original project concept, the state engineer or the board of control shall consider:
(i) The distance between the old point of diversion and the new point of diversion;
(ii) The water administration problems which may be created by granting the change in the point of diversion;
(iii) The effect of the petition upon Wyoming's entitlement to water under compacts, court decrees and treaties;
(iv) The rights of other appropriators; and
(v) The safety aspects of the new point of diversion.
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