Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 4 - ADJUDICATION OF PROOFS › Section 4-1 - Surface Water Proofs

Current through July 13, 2024
a. The requirements
				for the submission of, advertising, holding open for inspection, opportunity of
				contest, and allowance of proofs of appropriation of water are set out in
				W.S.
				41-4-511, and the other statutes mentioned
				therein. Hearings on contests of proofs, hearing fees, and dispositions after
				hearing are governed by W. S. 41 -4- 311 through W. S. 41 -4-314, and Chapter
				IV, Section
				3 of these
				regulations.
b. When the final
				notice of completion of beneficial use of water or completion of construction
				of a reservoir is filed by the water user, a proof form will be forwarded by
				the Adjudication Officer to the superintendent of the water division in which
				the project is located. A letter is sent to the water user advising him of the
				necessary action for submission of final proof. A water user may also contact
				the superintendent to arrange a time and place when final proof will be taken
				(see W. S. 41 -4-511).
c. In the
				case of large irrigation or water conservancy districts, proofs may be
				submitted by the district on behalf of the individual landowners within the
				district. The certificate shall be issued in the name of the district on behalf
				of each individual landowner.
d.
				Surface water proofs shall be on a form furnished by the State Board of Control
				and must be accompanied by the appropriate fee. When the water is used for
				irrigation, stock or domestic purposes, acceptable proof of ownership from the
				county clerk in which the lands are located, showing the claimant to be the
				present owner of the lands on which the beneficial use is made, must be
				presented when the proof is submitted.
e. The superintendent or a designated
				hydrographer commissioner will make an on-the-ground inspection of the facility
				to determine if it has been completed within the terms of the permit. An
				adjustment will be made on the proof form to reflect the actual irrigated
				acreage, and the remaining lands not irrigated under the permit must be
				eliminated by the owner through submittal of an elimination request. The person
				conducting the inspection will submit a written inspection report to the Board
				for its consideration.
f Stock
				reservoirs filed on a Form S.W. 4 will not be adjudicated unless requested by
				the permit holder. However, stock reservoirs will be inspected to see that they
				are constructed within the terms of the permit and then incorporated into the
				appropriate tabulation of adjudicated water rights.
g. The proofs taken must be advertised in a
				newspaper of general circulation in the nearby area by the water division
				superintendent at least 30 days before any regular meeting of the State Board
				of Control. The advertisement shall contain the date, time and place where
				proofs will be available for inspection and the description of the
				appropriation, as required by law. The advertised day or days during which the
				proofs are held open for inspection must occur at least 15 days in advance of a
				regular Board meeting (see W. S. 41 -4-511). As a matter of administrative
				practice, the advertisement will not begin any earlier than 45 days prior to
				the Board meeting.
h. As to the
				adjudication of expired or partially expired permits where no notices have been
				filed or a beneficial use notice is more than 20 years old, the State Engineer
				may reinstate the permits or unadjudicated lands to good standing by means of
				affidavits. If the superintendent is contacted by the water right user and
				asked to adjudicate a right, the superintendent will contact the Board office
				in Cheyenne, Wyoming, to check the status of the permit. If it appears that the
				matter should proceed, the superintendent may request that affidavits be
				obtained by the landowner, which must be executed by two or more disinterested
				persons. The affidavits must describe the lands or points of use involved and
				state that the persons signing the affidavits know of their own knowledge that
				the lands have been continuously irrigated from the proper source, or other
				uses made under the terms of the permit, since the date of expiration of notice
				of beneficial use. After completion, these affidavits will be forwarded to the
				State Engineer's Office. The actions then taken are as follows:
(1) The State Engineer or designee will
				examine the affidavits to determine if they appear to be valid. If so, the
				"adjudication in process" stamp is placed on the permit to indicate that
				efforts are being made to adjudicate the permit. If the affidavits appear
				inadequate, they will be returned to the claimant with directions as to how to
				proceed.
(2) If the affidavits
				appear valid and to the extent the State Engineer endorses the permit as
				reinstated, copies will be sent by the Board's Cheyenne office to the division
				superintendent of the division in which the lands or points of use are located
				along with a set of proof forms prepared by the staff. The originals will be
				retained in the Board's Cheyenne office.
(3) The division superintendent will proceed
				with the adjudication as provided by statute. An on-the-ground inspection will
				be conducted to determine if the lands appear to have been historically
				irrigated or water beneficially used under the terms of the permit and are
				presently being irrigated or used. The superintendent may also interview those
				persons who signed the affidavits. If the named source is routinely regulated
				by priority, the superintendent may also investigate whether the appropriation
				has been historically diverted during priority regulation. Reinstatement or
				adjudication of permits, which lack evidence of historic intentional diversion
				may be denied.
(4) The division
				superintendent will also prepare and submit to the Board a report on the proof
				form giving the date of the field inspection, a summary of the findings, and
				the recommendation concerning acceptance or rejection of the proof. If the
				proof is to be rejected, the Board will recommend to the State Engineer that
				the permit be cancelled, or the lands in question or points of use be
				eliminated from the permit, as appropriate, and the State Engineer will then
				take the action deemed necessary.
(5) If everything appears to be in order, the
				superintendent will proceed to have the proof executed, obtain the fee,
				determine the land ownership, and advertise the proof for consideration at the
				next Board meeting.