Chapter 37 - Declaratory Judgments
CHAPTER 37 - DECLARATORY JUDGMENTS
1-37-101. Short title
"Thisact" means W.S. 1-37-101 through 1-37-114 and may be cited as the UniformDeclaratory Judgments Act.
1-37-102. Scope and general consideration.
Courtsof record within their respective jurisdictions may declare rights, status andother legal relations whether or not further relief is or could be claimed. Noproceeding is open to objection on the ground that a declaratory judgment ordecree is prayed for. The declaration may be either affirmative or negative inform and effect, and such declarations shall have the effect of a finaljudgment.
1-37-103. Right of interested party to have determination made.
Anyperson interested under a deed, will, written contract or other writingsconstituting a contract, or whose rights, status or other legal relations areaffected by the Wyoming constitution or by a statute, municipal ordinance,contract or franchise, may have any question of construction or validityarising under the instrument determined and obtain a declaration of rights,status or other legal relations.
1-37-104. Contract may be construed at any time.
Acontract may be construed either before or after there has been a breachthereof.
1-37-105. Fiduciary's rights to be construed.
(a) Any person interested as or through an executor,administrator, trustee, guardian or other fiduciary, creditor, devisee,legatee, heir, next of kin, or beneficiary of a trust, in the administration ofa trust, or of the estate of a decedent, a minor or person under legaldisability, may have a declaration of rights or other legal relations inrespect thereto:
(i) To ascertain any class of creditors, devisees, legatees,heirs, next of kin or others;
(ii) To direct the executors, administrators or trustees to door abstain from doing any particular act in their fiduciary capacity; or
(iii) To determine any question arising in the administration ofthe estate or trust, including questions of construction of wills and otherwritings.
1-37-106. Adjudication of water rights.
(a) The state of Wyoming upon the relation of the attorneygeneral may institute an action to have determined in a general adjudicationthe nature, extent, and relative priority of the water rights of all persons inany river system and all other sources, provided:
(i) For the purposes of this section:
(A) The term "general adjudication" shall mean thejudicial determination or establishment of the extent and priority of therights to use water of all persons on any river system and all other sourceswithin the state of Wyoming. The court conducting such a general adjudicationshall:
(I) Certify to the state board of control those legal andfactual issues which the court deems appropriate for the board to determine.Upon such certification, the board shall exercise those powers and follow thoseprocedures set forth in Rule 53 of the Wyoming Rules of Civil Procedure;
(II) Confirm those rights evidenced by previous court decrees,or by certificates of appropriation, or by certificates of constructionheretofore issued by the Wyoming state board of control;
(III) Determine the status of all uncancelled permits to acquirethe right to the use of the water of the state of Wyoming and adjudicate allperfected rights thereunder not theretofore adjudicated under W.S. 41-4-511;
(IV) Determine the extent and priority date of and adjudicateany interest in or right to use the water of the river system and all othersources not otherwise represented by the aforedescribed decrees, certificates,or permits;
(V) Establish, in whatever form determined to be mostappropriate by the court, one or more tabulations or lists of all water rightsand their relative priorities on the river system and all other sources.
(B) The word "person" shall be construed to mean anindividual, a partnership, a corporation, a municipality, the state of Wyoming,the United States of America, or any other legal entity, public or private.
(ii) When the potential defendants number one thousand (1,000)or more, personal service of a summons and complaint shall not be required and(A) the court shall order that the clerk obtain service on known potentialdefendants by mailing a court-approved notice of the action by certified mail,return receipt requested, and (B) the court shall order that the clerk obtainservice on all unknown parties by publication of said notice for four (4)consecutive weeks in a newspaper published in each of the counties within whichinterests in and rights to the use of water may be affected by theadjudication. If there is no newspaper in one (1) or more of said counties,then publication for such counties shall be in one (1) or more newspaperspublished in the state, and of general circulation within said counties. Ifpublication is in a daily newspaper, one (1) insertion a week shall besufficient;
(iii) The complaint for such a general adjudication shall becaptioned: "In re the General Adjudication of All Rights to Use Water inthe .... River System and All Other Sources, State of Wyoming";
(iv) When the water rights to be determined are located in morethan one (1) county, the general adjudication may be brought in any of thecounties.
1-37-107. Enumeration not exclusive.
Theenumeration in W.S. 1-37-103 through 1-37-106 does not limit or restrict theexercise of the general powers conferred in W.S. 1-37-102 in any proceedingwhere declaratory relief is sought, in which a judgment or decree willterminate the controversy or remove an uncertainty.
1-37-108. Discretionary power retained by court.
Thecourt may refuse to render a declaratory judgment where the judgment would notterminate the uncertainty or controversy giving rise to the proceeding.
1-37-109. Review.
Finalorders and judgments entered in declaratory judgment proceedings may bereviewed as in other civil actions.
1-37-110. Supplemental relief.
Furtherrelief based on a declaratory judgment may be granted. Application thereforshall be by petition to a court having jurisdiction to grant the relief. If theapplication is sufficient the court, on reasonable notice, shall require anyadverse party whose rights have been adjudicated by the declaratory judgment toshow cause why further relief should not be granted.
1-37-111. Determination of issues of fact.
Whena declaratory judgment proceeding involves the determination of an issue offact, the issue may be tried and determined as in other civil actions.
1-37-112. Costs.
Thecourt may award costs in any proceeding as seem equitable and just.
1-37-113. Parties generally; proceedings involving validity ofordinance or franchise.
Whendeclaratory relief is sought, all persons shall be made parties who have orclaim any interest which would be affected by the declaration, and nodeclaration shall prejudice the rights of persons not parties to theproceeding. In any proceeding which involves the validity of a municipalordinance or franchise, the municipality shall be made a party and may beheard. If the statute, ordinance or franchise is alleged to beunconstitutional, the attorney general of the state shall be served with a copyof the proceeding and may be heard.
1-37-114. Construction of chapter.
TheUniform Declaratory Judgments Act is remedial. Its purpose is to settle and toafford relief from uncertainty and insecurity with respect to legal relations,and is to be liberally construed and administered.
1-37-115. Provisions severable.
Theprovisions of the Uniform Declaratory Judgments Act are independent andseverable. The invalidity of one (1) provision shall not affect or render theremainder of the act invalid.