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 -
(i) 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.
(ii) 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.
(iii) 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.
(iv) ITEM 4 - Describe the reason for the
				proposed change.
(v) 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.
(vi) 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.
(vii) ITEM 7- No fees are required for a
				petition for change of location of a well.
(viii) 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.
(ix) 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.