Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-21 - Change of Location of Well

Current through July 13, 2024
Authorization for this type of petition is found in
				  W.S.
				  41-3-917. Petitions affecting adjudicated
				  ground water rights or unadjudicated ground water rights where beneficial use
				  has been received will follow the sample format as those for surface water
				  rights with some exceptions based on what is requested by the petitioner. When
				  a petition is submitted to the Board to change a well location, it must be
				  accompanied by copies of all water production records for at least 5 years past
				  to the extent available. A change may be allowed for the amount of water the
				  well is actually capable of producing, but not in excess of the adjudicated
				  right. A condition of approval on any change of location of a well shall be
				  that no injury will occur to any other appropriator. The new well location must
				  be indicated in the records of the Board by a new survey tie certified to by a
				  licensed professional engineer or professional land surveyor. A new map is not
				  required except as may be necessary to show the new location. A new well
				  located within 100 feet of the original adjudicated well may be described by
				  non-certified distance and bearing from the original well. This information
				  will be provided by the petitioner to the Board on the required Statement of
				  Completion Form (U.W. 6) for the new relocated well. The old well shall be
				  properly abandoned and re-sealed unless it's re-permitted for beneficial use.
				  The following information is required:
a. HEADING -- Sufficiently identify the
				appropriation to be changed.
b.
				OPENING STATEMENT - Identify the petitioner and their mailing address and give
				a general introduction.
c. BODY -
ITEM 1 -- Show that the petitioner is the present owner of
				  the ground water appropriation involved in the petition, and identify the proof
				  of ownership being furnished with the petition.
ITEM 2 -- Describe the appropriation listing the name of the
				  well, permit number (or statement of claim or well registration number), proof
				  number, Order Record Book and page number, Certificate Record Book and page,
				  and priority date. If the appropriation is for irrigation, the irrigated
				  acreage must be described.
ITEM 3 -- Set forth the change that is desired by describing
				  in detail both the location of the original well and the proposed new location
				  of the well.
ITEM 4 -- Describe the reason for the proposed change.
ITEM 5 -- Indicate that the new well will be in the same
				  ground water basin and the same aquifer. The original well depth and the
				  proposed depth of the new relocated well must be provided. If the well is in a
				  ground water control area, note that the recommendation of the Control Area
				  Advisory Board will be provided.
ITEM 6 -- Maps are required in most instances. However, a
				  letter certificate from a licensed professional engineer or professional land
				  surveyor is sufficient, provided that the letter certificate indicates a tie,
				  by distance and direction, has been made to the new site. A new well location
				  within 100 feet of the original adjudicated well may be described by
				  non-certified distance and bearing from the original well. This information
				  will be provided by the petitioner to the Board on the required Statement of
				  Completion Form (U.W. 6) for the relocated well. A correction can then be added
				  to the proof of beneficial use of ground water map in the Board's
				  records.
ITEM 7 -- No fees are required for a petition for change of
				  location of a well.
ITEM 8 -- Unless re-permitted for another use, state that the
				  old well will be properly abandoned and sealed in accordance with the State
				  Engineer's Regulations and Instructions. Abandonment and sealing of the old
				  well will be completed within one year of the completion of the relocated new
				  well and a Statement of Completion Form (U.W. 6) will be filed with the Board
				  providing the details of abandonment and sealing.
ITEM 9 - A Statement of Completion Form (U.W. 6) will be
				  submitted to the Board within thirty days after completion of the new
				  well.
d. PRAYER -- State
				specifically what is desired to be accomplished by the petition (see sample
				petition in Appendix A accompanying these Regulations and
				Instructions).