Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-10 - Adjudication Procedure

Current through July 13, 2024
The adjudication or "finalization" of a ground water right is
				  the final step in the perfection of a ground water right. The purpose of
				  adjudication is to establish and fix the amount of the appropriation, the
				  use(s) to which the water can be applied and also the point(s) and/or area(s)
				  of use.
The adjudication procedure involves the following
				  steps:
a. An approved "Permit to
				Appropriate Ground Water" must be obtained from the State Engineer before any
				type of water well construction can commence.
b. Following completion of the well, a
				"Statement of Completion and Description of Well" form must be completed and
				submitted to the State Engineer's Office. Steps (a) and (b) are required for
				all wells. The adjudication procedure starts after the water is put to
				beneficial use and is presently required for all ground water rights except
				those being utilized for domestic and/or stock purposes.
c. The third step involves three parts. Part
				I is the submission of the "Proof of Appropriation and Beneficial Use of Ground
				Water" (Form U.W. 8) which indicates that the water has been applied to all the
				beneficial uses for which the water was appropriated.
Part II is a linen plat, or in certain instances, a
				  quadrangle map, certified by an engineer or land surveyor licensed to practice
				  within the State of Wyoming must accompany the Form U.W. 8. If a linen plat
				  must be prepared, it must show the exact location of the well by bearing and
				  distance from a known public land survey corner, and the exact location(s) or
				  the point(s) or area(s) of use. If circumstances warrant the use of a
				  quadrangle map, the location of the well and the point(s) or area(s) of use
				  must be shown and clearly identified on the quadrangle map. Further information
				  concerning the mapping requirements is found in Chapter V.
Part III is a field inspection. After the linen plat or
				  quadrangle map and the "Proof of Appropriation and Beneficial Use" have been
				  submitted to the State Engineer's Office, a representative of the State
				  Engineer conducts a field inspection of the development to insure the accuracy
				  of the plat or map and to measure the exact yield of the well. The field
				  representative will collect pump and motor data (serial numbers, horsepower,
				  size, etc.) at this time and also the legally required fees. (See Chapter 1,
				  Section
				  8. )
d. Following the field inspection,
				the final proof will be advertised in a newspaper of general circulation within
				the county in which the well is located. This is to provide other appropriators
				with the opportunity to submit valid protests to the adjudication of the water
				right.
e. The final proof is then
				submitted to the Board of Control for their consideration. If the water right
				is approved by the Board of Control for adjudication, an Order is entered and a
				Certificate is issued, giving the permit number, appropriator's name, address,
				the name and location of the facility, the use(s) to which the water is to be
				applied, the point(s) or area(s)of use and the priority date.
If a protest to the adjudication of a ground water right is
				  filed, a public hearing is held by the appropriate Water Division
				  Superintendent for the purpose of providing all interested persons with an
				  opportunity to be heard. Following the hearing, the Board of Control will issue
				  an Order either approving or rejecting the adjudication of the water right.
				  Anyone dissatisfied with a decision of the Board of Control has the right of
				  appeal to the Courts as outlined in Chapter 1, Section 23, Page 7.
f. After the Certificate of
				Appropriation has been issued by the Board of Control, it is sent to the County
				Clerk of the county in which the well is located to be recorded and is then
				forwarded to the appropriator. A permanent record of the Certificate of
				Appropriation is also kept on file in the office of the Board of Control in
				Cheyenne.