Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-13 - Change of Point of Diversion and/or Means of Conveyance

Current through July 13, 2024
The required contents of a petition for change of point of
				  diversion and means of conveyance are found in
				  W.S.
				  41-3-114. The following information is
				  required:
a. HEADING -- Show ample
				description and identification of the appropriation or appropriations to be
				changed.
b. OPENING STATEMENT -
				Identify the petitioner, show a mailing address and give a general
				introduction.
c. BODY -
ITEM 1 -- Show that the petitioner owns all of the lands
				  irrigated under the appropriation to be changed. Mention inclusion of
				  documentary proof of ownership.
ITEM 2 -- Describe in detail the appropriations to be
				  changed, showing the name of the original appropriation, permit number, proof
				  number, stream, ditch, priority, Order Record Book and page number, and
				  Certificate Record Book and page number.
ITEM 3 -- Give a complete legal tie and location of the
				  present point of diversion. Name and describe the ditch into which the proposed
				  change is to be made, giving the legal tie to the location of the point of
				  diversion and indicating the appropriations already involved, or stating
				  whether this is to be an entirely new ditch. Describe the lands under each
				  appropriation for which a change in point of diversion and means of conveyance
				  is proposed. Include a short explanation of the physical arrangement on the
				  ground.
ITEM 4 -- Give reasons why the proposed change is
				  desirable.
ITEM 5 -- State that consents have been obtained from all
				  other appropriators using the two facilities directly involved, i.e., the old
				  and new ditches. Written consents should be obtained and submitted with the
				  petitions. If all appropriations are being transferred out of the ditch of
				  record, then a statement should be made to show what will become of the ditch,
				  such as, "ditch will be abandoned, headgate removed and diversion closed to the
				  passage of water."
ITEM 6 -- Identify intervening headgates and points of
				  diversion, or note the lack thereof. If there are intervening headgates or
				  points of diversion, describe their location by subdivision, section, township
				  and range. Also show whether or not consents to the proposed change have been
				  obtained from the intervening appropriators. Such consents should be obtained
				  and submitted with the petition (a sample consent form in Appendix A
				  accompanying these Regulations and Instructions). If consents cannot be
				  obtained, a hearing must be held.
ITEM 7 -- Identify any intervening tributaries or other
				  sources of supply. If there are none, make a simple statement to that
				  effect.
ITEM 8 -- State whether or not any other appropriator from
				  the same source of supply will be injured in any way.
ITEM 9 -- A map is required and shall show the location of
				  the stream, both ditches and the land irrigated thereunder as they affect the
				  appropriation of water to be changed, as well as the location of any
				  intervening points of diversion and sources of supply.
d. PRAYER - State what is desired to be
				accomplished by the petition.
e. No
				fees are required in connection with a petition for change of point of
				diversion and/or means of conveyance.
f. This outline and the sample petition in
				Appendix A of these Regulations and Instructions are intended to apply to the
				typical petition which might be filed with the Board. If there is any question
				as to the applicability of these requirements to a specific petition because of
				the number or type of appropriations involved, etc., an inquiry should be
				directed to the Board explaining the situation and asking advice as to how to
				proceed.
g. This type of petition
				may also be used to propose a partial change of point of diversion and/or means
				of conveyance of a portion of an appropriation. For example, a portion of an
				appropriation is to be changed to another ditch or pump for irrigation through
				a sprinkler system while the remainder of the appropriation remains under the
				ditch of record.
h. A petition for
				change of point of diversion and/or means of conveyance shall be allowed only
				when the change will not adversely affect any existing right in good standing
				at the time the change is made.
i.
				It shall be a part of the Order of the Board, where a complete change of point
				of diversion and means of conveyance is made, that the old point of diversion
				shall be completely and permanently closed to the satisfaction of the Division
				superintendent at the time the new point of diversion is put into
				operation.
j. An alternate point of
				diversion and/or means of conveyance may be requested using the same
				instructions described above.