Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-7 - Petition for Exchange of Water

Current through July 13, 2024
a. Under the
				provisions of Section 41 -
				5, Wyoming
				Statutes 1 957, as amended by Section
				1, Chapter
				160, Session Laws of Wyoming 1973, the State Engineer is authorized, upon
				written petition of any appropriator of valid water rights, to enter an order
				allowing an exchange of water provided that the proposed exchange would not
				adversely affect the rights of other appropriators, would not, in the opinion
				of the State Engineer, be too difficult to administer and would not be adverse
				to the public interest. The key as to whether there will be any adverse affect
				on other appropriators is whether the proposal would involve an expansion of
				historic use under the appropriation which is to provide water for the
				exchange* Exchanges of water may be allowed among any combination of direct
				flow, storage, and ground water rights.
b. An exchange of water involves providing
				water from another source, either direct flow, storage or ground water, as
				"make up" water. This "make up" water is supplied to prior rights, in exchange
				or as replacement for water diverted by an appropriation whose original source
				is insufficient to fully satisfy such appropriation; when better conservation
				and utilization of the State's water can be accomplished or when water from the
				new source cannot economically be conveyed directly to the point of
				use.
c. Exchanges of water are
				accomplished either by application for permit to the State Engineer or by
				petition to the State Engineer, depending on whether the "make up" water
				provided for the exchange
is to be
appropriated or
is already
appropriated.
(1) An application for permit will be filed
				in the case where the proposed exchange is to be accomplished by appropriation
				of previously
unappropriated
water from another source
				of supply, either from a direct flow, storage or ground water source, for the
				express purpose of providing "make up" or "replacement" water for that diverted
				under the proposed exchange. The application will be submitted on an original
				ditch form (Form S.W.1), enlargement form (Form S.W.2), reservoir form (Form
				S.W.3) or ground water form (Form U.W. 5), as appropriate, and will be
				accompanied by a proper filing map following the same general procedures and
				with the same general requirements for filing of surface water rights, as
				outlined in Chapters II, III, V, VII and VIII of this Manual or for a ground
				water source as outlined in Chapter V of the ground Water Manual. Generally,
				the lands to receive water by exchange will already have an appropriation and
				therefore water from the new source will be for supplemental, secondary or
				additional supply.
The details of the proposed exchange must be outlined on the
				  appropriate application form and must also be shown on the accompanying map. A
				  sample map proposing the exchange of direct flow water for direct flow water is
				  shown on page 66, Chapter VIII.
Any restrictions or conditions deemed necessary to protect
				  the rights of other appropriators will be imposed by the State Engineer at the
				  time a permit is granted.
(2) A petition to the State Engineer will be
				filed if the "make up" or "replacement" water for the proposed exchange is to
				be supplied from
already appropriated
water. In the
				majority of cases, this will involve
appropriated
stored water, not allocated to specific lands for irrigation or to a specific
				point of use for some other purpose. Water from the reservoir source must be
				appropriated for the same purpose for which water will be used under the
				exchange. Only rarely will the physical conditions be such that water from one
				already appropriated direct flow or ground water right can be exchanged for
				water from another already appropriated direct flow or ground water right,
				since there must be an actual simultaneous "trading" or exchange of
water
between the two rights.
A sample petition, with the accompanying map, has been
				  prepared as an example of the information required in a typical, proposed
				  exchange. (See page 92, this Chapter.) This sample petition involves
unallocated
stored water. (This is stored water which
				  is not attached to specific lands or point of use by a secondary permit or
				  other instrument.) This stored water is to be released into the stream to
				  replace or in exchange for water which will be diverted from that stream for
				  the irrigation of lands which cannot practically or economically utilize this
				  water except by exchange.
If the rights to the two appropriations involved are owned by
				  different parties, the parties may join in the petition as co-petitioners or
				  the petition may be filed by the party wishing to divert the water under the
				  exchange. In the latter case, an exchange agreement must also be filed with the
				  petition setting out the conditions of the exchange.
The sample petition involves two different owners of the
				  appropriations to be exchanged.
After the petition for exchange is filed with the State
				  Engineer, with proper recording fees, the petition will be examined for
				  correctness and completeness and to determine if the proposed exchange should
				  be allowed. If the exchange is allowed, an order will be entered by the State
				  Engineer setting out the conditions under which the exchange will operate. No
				  exchange will be allowed until such an order has been entered and no exchange
				  may be terminated without the issuance of an order approving termination,
				  unless the order allowing the exchange provides for termination on a specified
				  date.
After the order has been entered, it and the petition will be
				  recorded in "Miscellaneous Records" of the State Engineer's Office and said
				  order will also be recorded in the county or counties where any part of the
				  land involved is situated. In addition, a notation concerning the exchange will
				  be made on the proper records of the State Engineer and Board of Control for
				  the appropriation furnishing water for the exchange. A copy of the approved
				  petition and map and the Order will also be returned to the petitioner(s) and
				  will also be furnished to the appropriate Water Commissioner.
Any agreement or other document drawn in connection with the
				  exchange may be recorded in the county or counties in which any part of the
				  land involved is situated, at the discretion of the parties to the
				  exchange,