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Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0003 - General Agency, Board or Commission Rules › Chapter 1 - FEES › Section 1-7 - Adoption of Uniform Rules

Current through July 13, 2024
The Wyoming State Engineer's Office and the Wyoming State
				  Board of Control hereby incorporate by reference the following uniform
				  rules:
(a) Chapter 2 - Uniform
				Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing
				Public Records adopted by the Department of Administration and Information and
				effective on September 6, 2016, found at:
http://seo.wyo.gov
.
(b) For these rules incorporated by
				reference:
(i) The Wyoming State Engineer's
				Office and the Wyoming State Board of Control have determined that
				incorporation of the full text in these rules would be cumbersome or
				inefficient given the length or nature of the rules;
(ii) The incorporation by reference does not
				include any later amendments or editions of the incorporated matter beyond the
				applicable date identified in subsection (a) of this section; and
(iii) The incorporated rules are maintained
				at the Wyoming State Engineer's Office, Herschler Building, 2W, Cheyenne, WY,
				and are available for public inspection and copying at the same
				location.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-1 - Authority

Current through July 13, 2024
All water within the State of Wyoming is the property of the
				  State of Wyoming. The Wyoming State Engineer is charged by the Wyoming
				  Constitution with the administration of all waters within the State. Specific
				  statutory authority for the administration of Wyoming ground water by the State
				  Engineer is provided by Section 41 - 121 through Section 41 - 147, Wyoming
				  Statutes 1957, as amended by Chapter 213, Session Laws of Wyoming 1969, and
				  Chapter 171, Session Laws of Wyoming 1973.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-2 - Definition of Underground Water or Ground Water

Current through July 13, 2024
The terms underground water and ground water are used
				  interchangeably and will have the same definition. Ground water means any
				  water, including hot water and geothermal steam, under the surface of the land
				  or the bed of any stream, lake, reservoir, or other body of surface water,
				  including water that has been exposed to the surface by an excavation, such as
				  a gravel pit or some type of mining operation.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-4 - Information Requests Concerning Existing Ground Water Rights

Current through July 13, 2024
Requests for information concerning existing ground water
				  rights should be accompanied by the legal description of the well location, the
				  name of the appropriator, if known, and any other pertinent information which
				  might be of value in researching the records of the State Engineer's
				  Office.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-5 - Who is Required to File

Current through July 13, 2024
Any individual, company or corporation or other entity that
				  intends to beneficially utilize ground water must obtain an approved permit
				  from the State Engineer before commencing construction, including test holes,
				  on any ground water development.
In cases where a well has been drilled for some purpose other
				  than to obtain water, and is then converted or utilized as a water well, a
				  permit approved by the State Engineer must be obtained before the water from
				  the well is beneficially used.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-6 - Availability of Forms

Current through July 13, 2024
Application forms for new ground water developments (Form
				  U.W. 5) and application forms for the registration of stock and/or domestic
				  wells completed prior to May 24, 1969 (Form U.W. 7) may be obtained from the
				  State Engineer's Office in Cheyenne, from the County Clerk's Office in each
				  County Courthouse, and the local Water Commissioner. All commencement,
				  completion and proof of appropriation forms will be sent to the applicant by
				  the State Engineer's Office after the application is
				  approved.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-7 - Fees

Current through July 13, 2024
All fees must be paid in advance. All remittances are to be
				  made payable to the State Engineer, except those remittances that are submitted
				  to cover adjudication costs, which are to be made payable to the Wyoming State
				  Board of Control. Remittances should be by currency, bank draft, post-office or
				  express money order, or check and should be transmitted with the application or
				  letter.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-8 - Fee Schedule

Current through July 13, 2024
The following fees are required for filing instruments in the
				  State Engineer's Office:
a. Each
				application of any type........... $ 2.00
b. For recording any other instrument:
(1) First Sheet......................
				$2.00
(2) Each subsequent
				sheet............. $ 1.00
The following fees are required for filing instruments in
				  conjunction with the adjudication of a ground water right by the State Board of
				  Control:
a. Each final
				proof................. $ 2.00
b.
				Advertising fee for each final proof...... $10.00
(Any portion of this fee which is not used will be returned
				  to the permittee. If the fee exceeds $10.00, the appropriator will be required
				  to submit the additional fee to the State Board of Control.)
c. For recording any other instrument:
(1) First Sheet..................
				$2.00
(2) Each subsequent
				sheet........ $1.00
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-9 - Miscellaneous Charges

Current through July 13, 2024
a. For making
				prints of maps on file:
(1) "B" size
				map.................... $ .50
(2)
				"D" size map.................... $ .75
(3) Township plat (linen)............. $
				.75
(4) "E" size
				map................... $ 1.00
(5)
				"F" size map.................... $ 1.50
(6) Minimum charge (any map)........
				$.50
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-10 - Time Limits

Current through July 13, 2024
The permittee will be given one (1) year from the date the
				  application is approved to commence construction on any ground water
				  development and shall complete the construction and apply the water to
				  beneficial use before December 31 of the year following the year in which the
				  application was approved.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-11 - Extensions of Time

Current through July 13, 2024
If compliance with the time limits set forth in the permit
				  for commencement, completion or application of the ground water to beneficial
				  use cannot be met, the permittee may request that the State Engineer grant an
				  extension of time. Such requests must be in writing, setting forth in detail
				  the reasons for the requested extension of time, and must be received in the
				  State Engineer's Office prior to the expiration dates set forth in the
				  permit.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-12 - Priority of Ground Water Rights

Current through July 13, 2024
The priority of appropriation of ground water where the well
				  was constructed prior to April 1, 1947, and the statement of claim was properly
				  filed in the State Engineer's Office prior to March 1, 1958, shall date from
				  the date of completion of the well. Such rights are recorded in the State
				  Engineer's Office as Statements of Claim. The priority of appropriation of
				  ground water where the well was constructed after April 1, 1947, but prior to
				  March 1, 1958, and the well was properly registered in the State Engineer's
				  Office prior to March 1, 1958, shall date from the date the water right was
				  filed in the State Engineer's Office. Such rights are recorded as Well
				  Registrations.
The priority date for stock and/or domestic wells completed
				  prior to May 24, 1969 and properly filed in the State Engineer's Office on or
before
December 31, 1972, shall be the date the well
				  was completed. Stock and/or domestic wells completed prior to May 24, 1969 and
				  filed with the State Engineer's Office
after
December
				  31, 1972, shall receive the date of filing as the priority date of the water
				  right.
The priority date of all other ground water rights, shall be
				  the date the application to appropriate ground water is received and filed in
				  the State Engineer's Office.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-13 - Well Spacing

Current through July 13, 2024
Due to the extremely variable nature of the geologic
				  conditions within the State of Wyoming, no absolute well spacing requirements
				  have been developed except those outlined in Chapter IX of this Manual. If well
				  locations are such that unreasonable interference between wells develops, the
				  water rights will be administered on the basis of priority. If well locations
				  are such that interference between surface water flows and ground water
				  withdrawals develop, the priorities of ground water rights will be correlated
				  with surface water rights and regulated accordingly. (See Section
				  17 of this
				  Chapter for further details.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-14 - Adjudication

Current through July 13, 2024
The process of adjudication finalizes a water right. It fixes
				  the amount of the appropriation and the point(s) or area(s) of use. The
				  adjudication procedure for ground water rights is found in Chapter II, page
				  11.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-15 - Division Advisory Committees on Ground Water

Current through July 13, 2024
In each of the State's four Water Divisions, a Division
				  Advisory Committee on ground water has been established. Each Division Advisory
				  Committee consists of three individuals who reside within the Water Division
				  and who are appointed by the Governor for 6-year terms. The function of the
				  Division Advisory Committee on ground water is to advise the State Engineer and
				  State Board of Control on matters relative to ground water development in their
				  respective Water Division and to call and supervise the election of Control
				  Area Advisory Boards.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-16 - Control Areas

Current through July 13, 2024
The Wyoming State Board of Control has the authority under
				  Section 41 - 129, Wyoming Statutes, 1957 as amended by Chapter 171, Session
				  Laws of Wyoming 1973, to designate Control Areas for the following reasons:
(a) The use of ground water is
				approaching the current recharge rate;
(b) Ground water levels are declining or have
				declined excessively;
(c)
				Conflicts between water users are occurring or may occur; or
(e) Other conditions exist or may arise that
				require regulation for the protection of the public interest. The designation
				of a Control Area serves three primary purposes:
(a) It provides a mechanism to slow
				development so as to insure that prior, established ground water rights are
				protected and not subjected to interference problems;
(b) It provides for the election of a Control
				Area Advisory Board comprised of 5 people living within the Control Area to
				advise and assist the State Engineer in formulating policies concerning ground
				water development in the Control Area; and
(c) It provides a means by which regulation
				of the use of ground water can be developed and implemented should the
				situation warrant it.
The procedure for establishing a Control Area is as
				  follows:
a. Whenever the State
				Engineer has reason to believe that a Control Area should be established, for
				any or all of the reasons set forth in paragraph 1 of this Section, it is his
				duty to make a written report to the State Board of Control setting forth the
				reasons why the establishment of a Control Area is necessary.
b. The State Board of Control will then
				designate a time and place to hold a public hearing to afford interested
				persons an opportunity to present evidence.
c. After the public hearing is held and the
				testimony is evaluated and considered, the State Board of Control will issue an
				Order to either designate a Control Area or reject the designation of a Control
				Area.
d. If a Control Area is
				established, an election is held to elect the Control Area Advisory Board. At
				this time, the appropriate Water Division Superintendent will also proceed with
				the adjudication of all ground water rights within the designated Control
				Area.
e. Following the adjudication
				of the ground water rights in the Control Area, the State Engineer, with the
				advice of the Control Area Advisory Board and the Division Advisory Committee
				on Ground Water, may establish such controls and regulations as he deems
				necessary.
Any decision by the State Engineer or State Board of Control
				  can be appealed to the courts as outlined in Section
				  23 of this
				  Chapter.
The application procedure to obtain a ground water right in a
				  Control Area is set out in Chapter II, Section
				  5, Page
				  9.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-17 - Interference Complaints

Current through July 13, 2024
Any appropriator of either surface or ground water may file
				  a written complaint alleging interference with his water right by a later
				  priority ground water right. Complaints are to be filed with the State Engineer
				  and must set out in detail the facts pertinent to the situation. Each complaint
				  is to be accompanied by a fee of $100 to help defray the cost of the
				  investigation. Upon receiving the complaint and fee, the State Engineer shall
				  undertake an investigation to determine if the alleged interference does
				  exist.
Following the investigation, the State Engineer will issue a
				  report stating his findings and suggestions on various means of stopping,
				  rectifying or ameliorating the interference or damage.
ANY INTERESTED APPROPRIATOR WHO IS DISSATISFIED WITH THE
				  RESULTS OF THE FOREGOING PROCEDURE MAY PROCEED UNDER THE APPLICABLE PROVISIONS
				  OF THE WYOMING ADMINISTRATIVE PROCEDURE ACT. IF A HEARING IS TO BE HELD, IT
				  SHALL BE HELD BEFORE THE APPROPRIATE DIVISION SUPERINTENDENT. THE DIVISION
				  SUPERFNTENDENT SHALL REPORT TO THE BOARD OF CONTROL AT ITS NEXT MEETING. THE
				  BOARD SHALL ISSUE ITS ORDER TO INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF
				  LAW.
NOTE
: This section is not applicable
				  to interference between two surface water rights.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-18 - Interstate Use of Ground Water

Current through July 13, 2024
Ground water may be utilized outside the boundaries of the
				  State of Wyoming, provided certain conditions are met. These conditions
				  include:
(a) specific authorization by
				the Legislature of the State of Wyoming to utilize the ground water outside the
				boundaries of the State of Wyoming, and
(b) the State in which the ground water is to
				be utilized must grant reciprocal rights for the use of ground water in the
				State of Wyoming.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-19 - By-Product Water

Current through July 13, 2024
By-product water is water which is a by-product of the
				  activities of some nonwater-related economic activity, such as oil well
				  separator systems, dewatering of mine areas or waste water from mines. If the
				  water produced as a result of such activities is to be beneficially used in any
				  manner, an application for a permit to appropriate water much be filed with and
				  approved by the State Engineer before the water can be put to beneficial
				  use.
The by-product water may be filed on by ground water
				  procedures if (a) the water is intercepted while it is readily identifiable and
				  has not yet commingled with other water, and (b) an agreement accompanies the
				  application which has been signed by the developer-grantor of the by-product
				  water and the applicant-grantee which sets forth any provisions for the
				  reservation of the water for use by the developer-grantor.
The granting of such a water right for the use of by-product
				  water does not imply that the developer-grantor of the water must maintain or
				  provide the historic, or any, amount of by-product water to the
				  applicant-grantee and the water right is subject to any agreement made between
				  the developer-grantor and the applicant-grantee. In all other cases in which
				  conditions (a) and (b) are not met, an application to appropriate by-product
				  water shall be governed by the laws pertaining to surface water.
The procedure for filing on by-product water as ground water
				  is found in Chapter II, Section
				  6, Page
				  10.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-20 - Geothermal Steam and Hot Water

Current through July 13, 2024
Geothermal steam and hot water are considered ground water
				  for the purpose of administration. A permit to appropriate ground water must be
				  obtained from the Wyoming State Engineer to explore for or before geothermal
				  steam or hot water can be utilized. Anyone contemplating the development of
				  geothermal steam or hot water should contact the State Engineer's Office for
				  additional information.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-21 - Springs

Current through July 13, 2024
Filing as Ground Water Developments. Springs, where the
				  total yield or flow is 25 gallons per minute or less and where the proposed use
				  is for stock and/or-domestic purposes, may be filed in accordance with the
				  procedures for appropriating ground water.
NOTE
: In addition to be above
				  requirements, some type of artificial development such as collection boxes,
				  cribbing, etc., must be employed or proposed before an application to
				  appropriate the water from a spring will be considered a valid appropriation.
				  The water from a spring must be diverted in some manner to the point(s) or
				  area(s) of use or storage.
The procedure for filing an application to appropriate water
				  from a spring meeting the above requirements is found in Chapter II, Section
				  7, Page
				  11.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-22 - Waste Disposal Wells

Current through July 13, 2024
A permit must be obtained from the Wyoming State Engineer and
				  the Wyoming Oil and Gas Conservation Commission before construction of any well
				  used for the subsurface injection of waste materials may commence. Detailed
				  geologic, hydrologic and chemical information must be provided before any waste
				  disposal well application will be considered. Anyone contemplating the
				  construction of a waste disposal well should contact the Wyoming State
				  Engineer's Office concerning the types of information which will be
				  required.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 1 - GENERAL INFORMATION › Section 1-23 - Appeals

Current through July 13, 2024
Any person aggrieved by an Order of the Wyoming State Board
				  of Control or of the State Engineer concerning ground water, or by their or his
				  failure to act, may appeal in the manner provided by Section 41 - 126 of the
				  statutes, and the Wyoming Administrative Procedure Act.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-1 - Authority

Current through July 13, 2024
Section 41 - 138, Wyoming Statutes 1957, as amended by
				  Section
				  6, Chapter
				  213, Session Laws of Wyoming 1969, provides that an application must be
				  submitted and a permit secured from the State Engineer before any ground water
				  diversion (including test holes for a larger well) is constructed. If any well
				  constructed for any other purpose is found to be suitable for the withdrawal of
				  ground water, a permit must be obtained before the water is
				  utilized.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-2 - Acquisition Procedure

Current through July 13, 2024
The following steps briefly outline the necessary procedure
				  for obtaining a ground water right:
a.
				An application must be submitted to the State Engineer's Office, accompanied by
				the legally required Two Dollar ($2.00) filing fee. A separate application is
				required for each well.
b. Upon
				receipt in the State Engineer's Office, the application will be reviewed. If
				there are any questions to be resolved, the applicant or his agent, if any,
				will be contacted. If the requested information is not submitted within 90 days
				of the date the information is requested, the application will be submitted to
				the State Engineer for rejection. The applicant will be notified by certified
				mail before the application is rejected.
c. When in proper form, the application is
				approved by the State Engineer, and becomes a ground water permit. The permit
				is assigned a number, and a copy of the approved permit is returned to the
				applicant (permittee). An application for a permit in any area not designated
				as a control area, shall be granted as a matter of course, if the proposed use
				is beneficial and would be in the public interest.
d. The permittee should read and understand
				all limitations on the approved permit. Besides the standard limitations
				printed on the permit and inherent under the law, additional limitations deemed
				necessary by the State Engineer may be added prior to approval of the
				permit.
e. The permittee is
				required to submit written notification to the State Engineer's Office of the
				date the well is commenced; the date it is completed, with pump or valve; and
				the date the water is beneficially used for the purposes specified in the
				permit. The permittee is also required to submit information on water levels, a
				driller's log, and other pertinent data relating to the well.
f. For all wells, with the present exception
				of strictly domestic and/or stock wells, a map certified by a licensed
				professional engineer or land surveyor, must be submitted at the time the Proof
				of Appropriation and Beneficial Use of Ground Water form is submitted. This map
				and other required notices will form the basis for adjudication of the water
				right. See Chapters V and VI for mapping requirements.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-3 - General Requirements for Application and Registration Forms

Current through July 13, 2024
Application or registration forms must not be folded or
				  defaced either by crossing out or erasing printed matter, or by pasting sheets
				  of paper over the printed matter. Applications and registrations should be
				  typed or completed neatly with black ink. If the form does not allow for proper
				  explanation of a proposed appropriation or registration, do not cross out
				  printed matter, but make an explanatory note in the space provided for
				  "REMARKS". All applications or registrations must be signed and dated by the
				  applicant or his authorized agent.
If the application is in the name of a company, corporation,
				  municipality or other entity, the title of the person signing the application
				  must be provided directly behind or below the signature.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-4 - Applications for New Wells

Current through July 13, 2024
An application, Form U.W. 5 - "Application for Permit to
				  Appropriate Ground Water", must be filed, and a permit secured from the State
				  Engineer, before initiating construction of any well or other works which would
				  utilize ground water, including domestic and/or stock wells. An approved permit
				  must also be obtained when a well is completed for any non-water related
				  activity (i.e. mineral exploration, seismograph, etc.) and is then converted so
				  that water can be withdrawn and beneficially used. The application for permit
				  must be completed by the applicant or his authorized agent, and submitted to
				  the State Engineer's Office with the legally required Two Dollar ($2.00) filing
				  fee.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-5 - Application for Permit to Appropriate Ground Water in a Control Area

Current through July 13, 2024
The procedure for obtaining an approved Permit to
				  Appropriate Ground Water in a Control Area for any use other than domestic
				  and/or stock watering purposes consists of the following steps:
a. An "Application to Appropriate Ground
				Water" must be filed in the State Engineer's Office.
b. The application is then processed by the
				ground water staff of the State Engineer's Office.
c. After the application is filed and
				processed, it is advertised for three (3) consecutive weeks in a newspaper of
				general circulation in the area where the well is to be located. The
				advertising procedure provides notice to other appropriators holding existing
				ground water rights that a ground water development is proposed and it affords
				them with an opportunity to voice valid objections to the granting of a permit
				for the proposed development.
d.
				Consideration of the application by the Control Area Advisory Board and any
				objections filed to the granting of the permit follows the advertising. If the
				Control Area Advisory Board desires additional information, the applicant, and
				if a protest has been filed, the protestant, will be invited to appear
				informally and discuss the matter before the Board. The Control Area Advisory
				Board then submits its recommendation to the State Engineer, either for
				approval or to hold the application until it is known that there is ground
				water available within the Control Area which has not been
				appropriated.
e. The State
				Engineer, acting with the knowledge of and the advice and recommendations of
				the Control Area Advisory Board, will then take the application under
				consideration. If it is determined valid protests to the granting of the permit
				have been filed, the State Engineer must hold a public hearing. If no protests
				have been filed, or if protests have been filed and a public hearing has been
				held, and the State Engineer determines that there is ground water available in
				the Control Area, he may issue a Permit. If the State Engineer determines that
				there is no ground water available which has not been previously appropriated
				within the Control Area, and determines that additional new development would
				have a detrimental effect on other established appropriators, he may refuse to
				grant a Permit.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-6 - Application for the Appropriation of By-Product Water

Current through July 13, 2024
The appropriation of by-product water by ground water
				  procedures (see Chapter I, page 6, for qualifications) is to be filed on the
				  "Application for Permit to Appropriate Ground Water" (Form U.W. 5). Some
				  modification of various items on the application form will be necessary,
				  depending on whether oil and gas activities or various methods of mining are
				  resulting in the production of such by-product water. If a well drilled for
				  some non-water related activity is converted to use as a water well, the
				  application will not need any modification.
If the by-product water is to be appropriated by someone
				  other than the developer of by-product water, a copy of the executed agreement
				  between the developer-grantor and the applicant-grantee must accompany all
				  applications to appropriate by-product water using ground water
				  procedures.
a. In the case of oil well
				separators, the number of producing oil wells tied to the separator and the
				formation(s) from which they are producing must be given in the "REMARKS"
				portion of the application. The location of the separator is required as are
				the point(s) or area(s) of use. Immediately following Item No. 6 on the
				application form (the proposed depth of the well), it must be noted that the
				facility is an oil well separator.
b. When by-product water resulting from
				underground mining activities is to be appropriated, the location of the mine
				sump and the point(s) or area(s) of use must be shown on the application form.
				It should be noted in the "REMARKS" portion of the application that underground
				mining is involved. Some modification of Item Nos. 6 and 7 on the application
				form will be necessary.
c. When
				by-product water from open-pit mining activities is to be appropriated, the
				State Engineer may waive the specific 40-acre location requested in No. 5 on
				the application form. In lieu of the specific 40-acre location, the applicant
				will be required to specify the boundaries within which the open-pit mining is
				to take place and also provide an estimate of the time schedule for the mining
				operation.
If the application is granted and a permit issued, an annual
				  report will be required giving the progress of the mining operation, the
				  present location of the open-pit and the present area(s) or point(s) of use. In
				  addition to these items, the State Engineer may impose any other conditions
				  and/or limitations he deems necessary to administer such appropriations of
				  by-product water.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-7 - Application for the Appropriation of Spring Water

Current through July 13, 2024
The appropriation of spring water by ground water procedures
				  (see Chapter 1, page 6 for qualifications) is to be filed on the "Application
				  for Permit to Appropriate Ground Water" (Form U.W. 5). All of the requested
				  information must be provided. The fact that a spring is to be developed and the
				  proposed method of development must be noted in the "REMARKS" portion of the
				  application.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-8 - Application to Deepen an Existing Well

Current through July 13, 2024
Form U.W. 6-69, "Application to Deepen an Existing Well",
				  should be submitted prior to deepening a recorded well when the yield will not
				  be increased above the original appropriation and when the use or uses will not
				  be changed. The form is self-explanatory, and any unknown information can be
				  obtained from the original Permit and Statement of Completion. The present
				  depth and proposed depth must be shown, and the reason for deepening the well
				  explained. The form must be signed and dated by the
				  applicant.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-9 - Registration of Stock and/or Domestic Wells Completed Prior to May 24, 1969

Current through July 13, 2024
Domestic and stock wells completed prior to May 24, 1969, may
				  be registered with the State Engineer on Form U.W. 7 - "Statement of Completion
				  and Description of Well". Such registration is not compulsory; but in cases of
				  conflict between water users, registration will be required to show priority
				  dates and information on well construction. All existing domestic or stock
				  wells which were properly registered prior to December 31, 1972, will have a
				  priority as of the date of completion of the well. Existing wells registered
				  after December 31, 1972, will have a priority as of the date of filing with the
				  State Engineer's Office. Each well must be filed on a separate form, and the
				  Two Dollar ($2.00) filing fee must accompany each
				  registration.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-11 - Acceptance of Completion and Beneficial Use Forms

Current through July 13, 2024
a . The
				general requirements for application and registration forms (see Section
				3 of this
				Chapter) also apply to "Statement of Completion and Description of Well" forms
				(Form U.W. 6 and U.W. 7) and "Proof of Appropriation and Beneficial Use of
				Ground Water" (Form U.W. 8). All forms will be examined by the State Engineer's
				Office, and if found to be acceptable, will be considered for approval. If a
				"Statement of Completion and Description of Well" form or a "Proof of
				Appropriation and Beneficial Use of Ground Water" form is not complete, or it
				is defective in some way, the permittee will be requested to provide the
				information necessary to place the document in proper order. If necessary, the
				form will be returned to the permittee by certified mail for correction. The
				reasons for such return and the time allowed to make the necessary corrections
				(usually 90 days) shall be stated by letter accompanying the form. If the form
				is not returned to the State Engineer within the specified time period, or if
				the permittee fails to furnish the requested written information, the permit
				may be cancelled. The permittee may request additional time to make such
				corrections, explaining why such an extension is required. A written request
				for an extension of time must be received in the State Engineer's Office before
				the expiration of the time period.
b. If Part I of a "Proof of Appropriation and
				Beneficial Use of Ground Water" form (Form U.W. 8) is received in acceptable
				condition, but without Part II, the required map, a period of 6 months will be
				allowed to submit the map. The information submitted on Form U.W. 8 and the map
				will be used as a basis for the adjudication of the ground water
				right.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-12 - Certificates of Ownership

Current through July 13, 2024
The Certificate of Ownership provides proof of land ownership
				  for the purpose of adjudication. The Certificate of Ownership is usually a
				  Certificate from the County Clerk, but it could be some other document such as,
				  a copy of the warranty deed or land contract. If the lands involved are being
				  purchased by the appropriator, a consent to the adjudication must be submitted
				  by the sellers when the final proof is submitted. If the ownership is joint in
				  nature, all co-owners must either join in as co-appropriators or consent to the
				  adjudication.
When all or part of the lands involved are owned by a federal
				  agency, some written documentation authorizing access to the lands (i.e.,
				  special use permit, lease, etc.) must be provided. If the lands involved are
				  State of Wyoming lands, both the names of the appropriator-lessee and the State
				  of Wyoming-lessor will appear on the final proof.
In some cases where ground water has been appropriated for
				  industrial use (i.e., secondary recovery operations, mineral exploration or
				  mineral development) a copy of the executed mineral lease or those portions of
				  the executed Unit Agreement which describe the land(s) involved will serve as a
				  Certificate of Ownership.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-13 - Water for Temporary Purposes

Current through July 13, 2024
a.
Methods of Acquisition
. The right to divert or store
				water for temporary purposes, including highway or railroad roadbed
				construction or repair, drilling and producing operations, etc., can be
				acquired by following the same procedures as for other uses or by complying
				with the provisions of Sections 41 - 10.1 and 41 - 10.2, Wyoming Statutes 1957
				(Laws 1959), as amended by Sections
				1 and
				2, Chapter
				193, Session Laws of Wyoming 1971.
b.
Application for
				Permit
.
(1) If a right is to be
				acquired by submitting an application for a permit to the State Engineer, the
				procedure followed is generally the same as for filing applications for permits
				for other uses.
(2) The priority of
				a right filed for these temporary purposes is the date the application for a
				permit is accepted in the State Engineer's Office.
(3) Such a right is issued only for a limited
				time, generally only long enough to complete the temporary use, after which the
				permit is automatically cancelled.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 2 - OBTAINING A GROUND WATER RIGHT › Section 2-14 - Assignment of Permit

Current through July 13, 2024
When a permit or an interest therein is transferred or
				  assigned, the assignment should be recorded in the office of the State
				  Engineer. All water rights will generally attach to the land or point of use,
				  except in instances where the water right is specifically reserved at the time
				  the permit is issued.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 3 - PREPARING GROUND WATER FORMS › Section 3-1 - General Requirements for All Forms

Current through July 13, 2024
All ground water forms become permanent records in the State
				  Engineer's Office. Forms should be typed or lettered neatly with black ink.
				  Forms should not be folded nor should they be defaced by crossing out or
				  erasing printed matter. A copy of the approved permit will be returned
				  routinely and a copy of all other forms will be returned to the applicant
				  (permittee) or his agent, if requested in writing, after approval. Examples of
				  the completed forms described hereafter are shown in Chapter
				  IV.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 3 - PREPARING GROUND WATER FORMS › Section 3-2 - Application for Permit to Appropriate Ground Water, (Form U.W. 5)

Current through July 13, 2024
An application for a permit to construct a well or other
				  ground water diversion facility, must be submitted on Form U.W. 5. The
				  Temporary Filing No., Permit No., Water Division No., District, and U.W.
				  District will be entered when the form is processed in the State Engineer's
				  Office. The remainder of the form should be completed by the applicant as
				  follows:
a. NAME AND NUMBER OF WELL
				--A short, distinctive name and number must be assigned to the well or other
				facility; for example: "Smith No. 1".
b. ITEM 1 - "Name__of applicant(s) . . . ." -
				Include all parties having an interest in the application. All parties
				designated as landowners under Items 10 and 11, must be shown as co-applicants,
				or an easement or right-of-way agreement must be submitted with the
				application.
(1) If the well is to be located
				on State Lands or if the lands proposed to be irrigated, or on which other
				beneficial use of water is to be made are State Lands, the State Board of Land
				Commissioners, State Capitol Building, Cheyenne, Wyoming, 82002, must be named
				as co-applicant.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 3 - PREPARING GROUND WATER FORMS › Section 3-3 - Statement of Completion and Description of Well. (Form U.W. 6)

Current through July 13, 2024
Form U.W. 6, "Statement of Completion and Description of
				  Well", is required by law to be submitted within 30 days after completion of
				  the well, including pump or (in the case of a flowing artesian well) control
				  valve. Most of the items are self-explanatory. The Permit No., Name of Well,
				  Book No., Page No., and Name (s) and address (es) of the applicant (s) will be
				  completed in the State Engineer's Office before the form is sent to the
				  permittee. Other items should be completed as follows:
a. ITEMS 1 through 3 - These items should be
				shown as they are shown on the original permit unless ownership has been
				changed. An explanation of any ownership changes should be provided.
b. ITEM 4 -- "LOCATION OF WELL" - The
				location of the well within the 40-acre subdivision should agree with the
				original permit. If not, provide an explanation under "REMARKS".
(1) If a tie to the well is available at the
				time the form is submitted, it should be shown under "Bearing and
				Distance."
(2) If no tie is
				available, the distance, given in feet and in the cardinal directions, from the
				nearest corner of the public land survey should be shown on the form in the
				proper place.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 3 - PREPARING GROUND WATER FORMS › Section 3-4 - Statement of Completion and Description of Well for Domestic or Stock Watering Use Only (Form U.W. 7)

Current through July 13, 2024
The registration of a domestic or stock well completed before
				  May 24, 1969, should be submitted on U.W. 7. If submitted for this purpose, the
				  form must be accompanied by the legally required Two Dollar ($2.00) filing fee.
				  This same form is also used to submit final information on domestic or stock
				  wells completed after May 24, 1969. When the form is used for a permitted well
				  drilled after that date, all requested information must be completed. The
				  Permit No., Water Division No., and U.W. District will be entered in the State
				  Engineer's Office. The remainder of the form should be completed by the
				  applicant as follows:
a. NAME OF WELL
				- If the form is being used to register a well, a short, distinctive name and
				number must be assigned to the well; for example: "Smith No. 1". If the form is
				used as a Statement of Completion for a permitted well, the name and number
				must be identical to the name and number on the permit.
b. ITEM 1 - "Owner" - If the land on which
				the well is located is owned by more than one party, all landowners must be
				named as co-owners.
c. ITEM 2 -
				"Address" - Mailing addresses must be shown for each respective
				owner.
d. ITEM 3 - "Agent to
				receive correspondence...." - If several parties are named as owners, one party
				must be designated as agent to receive correspondence.
e. ITEMS 4 through 7- These items are
				self-explanatory. On wells drilled before May 24, 1969, if the driller is
				unknown, this fact must be noted.
f. ITEM 8 -- "Means of conveyance, distance
				and direction to point of use . . . ." - Indicate distance and direction from
				the well to the point or points of use, and explain how the water is conveyed.
				If necessary, submit a diagram on a separate sheet of paper. An example of the
				type of entry here is: "Water is conveyed to stock tank 100' SW of the well by
				1" buried plastic pipe."
g. ITEMS
				9 through 11- Dates are required on all wells. The dates provided should be as
				accurate as possible, even though they are only good estimates.
(1) The priority date for wells completed
				prior to May 24, 1969, and registered before December 31, 1972, will revert to
				the date the well was completed and the water beneficially used. (A well is not
				considered complete until the pumping facility has been installed.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 3 - PREPARING GROUND WATER FORMS › Section 3-5 - Proof of Appropriation and Beneficial Use of Ground Water. (Form U.W. 8)

Current through July 13, 2024
The owner of the well is responsible for submitting Parts I
				  and II of Form U.W. 8 - "Proof of Appropriation and Beneficial Use of Ground
				  Water" and a Certificate of Ownership. Part II consists of the linen plat
				  prepared by a licensed engineer or land surveyor or the quadrangle map, if it
				  is appropriate. Part III will be prepared by a State Engineer representative at
				  the time of field inspection. On Part I, the Water Division, U.W. District,
				  Permit No., Date of Priority, Name (s) and address (es) of the applicant (s),
				  and Name of Well will be entered in the State Engineer's Office before the Form
				  U.W. 8 is sent to the well owner. Other items in Part I should be completed as
				  follows:
a. ITEMS 1 and 2 - These
				items should be as shown on the original permit and Form U.W. 6. If ownership
				has changed, an explanation should be provided.
b. ITEM 3 -- "For What Purpose(s) is Water
				Used?...." - Each use, and the date that the water was first used for that
				purpose, should be noted in the proper blank space. If the use is irrigation,
				give the date that irrigation was completed on all lands under the
				permit.
c. SIGNATURE - This form
				must be signed and dated by the owner or his agent. If the well is owned by
				more than one individual, only one need sign. If a company, corporation,
				agency, or municipality, is named as owner, a designated official must sign.
				The official's title or agent's title should be noted under the
				signature.
d. PART II - Part II of
				Form U.W. 8 is a linen plat or in some instances, a quadrangle map, which has
				been certified by a licensed professional engineer or land surveyor.
				Instructions for preparing the linen plat or quadrangle map and examples are
				given in Chapters V and VI of this Manual.