reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-4 - Filing Requirements

Current through July 13, 2024
(a) A petition
				filed with the State Board of Control, Cheyenne, Wyoming, must be accompanied
				by a letter of transmittal designating a person to receive correspondence
				concerning the petition.
(b) A
				petition must be in the form of a sworn affidavit signed by the petitioner or
				his authorized agent before a notarial officer or other officer authorized to
				administer oaths, the original of which must be filed with the Board.
				Photocopies or fax copies are not acceptable.
(c) The petition must be filed with the State
				Board of Control at least thirty days prior to the date of the meeting of the
				Board at which the petition is to be considered.
(d) The petition of an incorporated or
				unincorporated ditch company or irrigation district, or other corporation, such
				as a land and livestock company, must be accompanied by evidence of the
				authority of the officers or agents to present the petition. Generally, a
				certified copy of an excerpt of the company or district minutes authorizing
				such action is sufficient. When a petition involves ditches which are
				individually owned or in partnership, all parties of interest should join in
				the petition. If another person is to act in their behalf, the petition must be
				accompanied by the proper authorization.
(e) Powers of attorney, or any other
				supporting documents shall be of legal form and shall be notarized.
(f) The required fee(s) in each case must be
				received by the Board before final action can be considered on any
				petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-4 - Filing Requirements

Current through July 13, 2024
a. A petition filed
				with the State Board of Control, Cheyenne, Wyoming, must be accompanied by a
				letter of transmittal designating a person to receive correspondence concerning
				the petition.
b. A petition must be
				in the form of a sworn affidavit signed by the petitioner or his authorized
				agent before a notarial officer or other officer authorized to administer
				oaths, the original of which must be filed with the Board. Photocopies or fax
				copies are not acceptable.
c. The
				petition must be filed with the State Board of Control at least thirty days
				prior to the date of the meeting of the Board at which the petition is to be
				considered.
d. The petition of an
				incorporated or unincorporated ditch company or irrigation district, or other
				corporation, such as a land and livestock company, must be accompanied by
				evidence of the authority of the officers or agents to present the petition.
				Generally, a certified copy of an excerpt of the company or district minutes
				authorizing such action is sufficient. When a petition involves ditches which
				are individually owned or in partnership, all parties of interest should join
				in the petition. If another person is to act in their behalf, the petition must
				be accompanied by the proper authorization.
e. Powers of attorney, or any other
				supporting documents shall be of legal form and shall be notarized.
f. The required fee(s) in each case must be
				received by the Board before final action can be considered on any
				petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-6 - Proposed Subdivision Developments

Current through July 13, 2024
Wyoming Statute provides for the disposition of any water
				  rights appurtenant to the lands involved in a proposed subdivision development
				  prior to its approval by the county officials. If there are no water rights
				  found appurtenant to the lands to be subdivided, the developer should obtain a
				  statement confirming this fact from the office of the State Engineer for
				  submittal to the county officials. The disposition of each subject water right
				  must be in accordance with one or more of the four (4) procedures outlined
				  below:
(a) The subdivider may submit
				the documentation necessary to relinquish all or part of the water rights as
				follows:
(i) If the water rights are
				adjudicated, the developer will submit to the Board a petition for voluntary
				abandonment. The petition must be accompanied by a statement of ownership
				certified by the appropriate county clerk or some other acceptable proof of
				ownership. Other documentation may be required by the Board.
(ii) If the water rights are unadjudicated,
				the developer will submit a written request to the State Engineer for either a
				cancellation of the entire permit or for the elimination of the lands involved
				from the permit. Either request must be accompanied by a statement of ownership
				certified by the appropriate county clerk or some other acceptable proof of
				ownership.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-6 - Proposed Subdivision Developments

Current through July 13, 2024
Wyoming Statute
										18-5-306(a) (xi)
				   provides for the disposition of any water
				  rights appurtenant to the lands involved in a proposed subdivision development
				  prior to its approval by the county officials. If there are no water rights
				  found appurtenant to the lands to be subdivided, the developer should obtain a
				  statement confirming this fact from the office of the State Engineer for
				  submittal to the county officials.
The disposition of each subject water right must be in
				  accordance with one or more of the four (4) procedures outlined below:
a. The subdivider may submit the
				documentation necessary to relinquish all or part of the water rights as
				follows:
(1) If the water rights are
				adjudicated, the developer will submit to the Board a petition for voluntary
				abandonment. The petition must be accompanied by a statement of ownership
				certified by the appropriate county clerk or some other acceptable proof of
				ownership. Other documentation may be required by the Board.
(2) If the water rights are unadjudicated,
				the developer will submit a written request to the State Engineer for either a
				cancellation of the entire permit or for the elimination of the lands involved
				from the permit. Either request must be accompanied by a statement of ownership
				certified by the appropriate county clerk or some other acceptable proof of
				ownership.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-7 - Consent

Current through July 13, 2024
When a petition for a change of water rights is filed with
				  the State Board of Control, which requires that consent be obtained from the
				  owners of appropriations of water that might be affected or an organized
				  company representing individual owners, such consent shall be in the form of a
				  notarized statement. See sample Consent form in Appendix A which includes a
				  waiver of further notice. When consent cannot be obtained, the procedure shall
				  be as follows:
(a) In accordance with
				the Wyoming Administrative Procedure Act, the Board, at a regular or special
				meeting, may order that a hearing be held by the superintendent of the water
				division in which the appropriation proposed to be changed is located. The date
				and place of the hearing shall be fixed by the superintendent, who shall notify
				all parties known to own an interest in any affected appropriations of the time
				and place of the hearing.
(b)
				Notice shall be given in accordance with Chapter 6, Section  3(b), of these
				Regulations.
(i) If personal service is
				utilized, it shall be made by the superintendent or by the hydrographer
				commissioner or water commissioner, and acceptance shall be by endorsement on
				the copy which is retained by the superintendent.
(ii) For purposes of this section, any
				publication authorized pursuant to Chapter 6, Section  3(b) of these Regulations
				shall name the party requesting the change and set forth the time and place of
				the hearing and a general description of the petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-7 - Consent

Current through July 13, 2024
When a petition for a change of water rights is filed with
				  the State Board of Control, which requires that consent be obtained from the
				  owners of appropriations of water that might be affected or an organized
				  company representing individual owners, such consent shall be in the form of a
				  notarized statement. See sample Consent form in Appendix A which includes a
				  waiver of further notice. When consent cannot be obtained, the procedure shall
				  be as follows:
a. In accordance with
				the Wyoming Administrative Procedure Act, the Board, at a regular or special
				meeting, may order that a hearing be held by the superintendent of the water
				division in which the appropriation proposed to be changed is located. The date
				and place of the hearing shall be fixed by the superintendent, who shall notify
				all parties known to own an interest in any affected appropriations of the time
				and place of the hearing.
b. Notice
				shall be given by legal advertisement, by certified mail, or by acknowledged
				personal service, depending on the type of petition, not less than thirty nor
				more than sixty days before the date of the hearing.
(1) If personal service is utilized, it shall
				be made by the superintendent or by the hydrographer commissioner or water
				commissioner, and acceptance shall be by endorsement on the copy which is
				retained by the superintendent.
(2)
				In cases where personal service cannot be obtained, by certified mail or
				otherwise, an advertisement, published in at least one issue of a newspaper of
				general circulation in the county where the appropriation involved is situated,
				shall meet the requirement of notice of the hearing provided that it name the
				party requesting the change and set forth the time and place of the hearing and
				a general description of the petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-9 - Funds

Current through July 13, 2024
The appropriate amount for the county recording fee shall be
				  used by the Secretary of the Board to pay for the recording of a certificate of
				  appropriation or amended certificate of appropriation or order in the office of
				  the county clerk of the county in which the water right is situated, and the
				  remainder of the fee shall be remitted to the State Treasurer for credit to the
				  general fund. If the Board of Control denies the petition, the recording fee
				  shall be returned to the person, association, or corporation submitting the
				  petition. All other fees received by the Board for copies, certified copies of
				  records, tabulations of adjudicated water rights, etc., shall be transmitted to
				  the State Treasurer for credit to the general fund of the State of Wyoming (see
				  W.S. 41- 4-514).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-9 - Funds

Current through July 13, 2024
The appropriate amount for the county recording fee shall be
				  used by the Secretary of the Board to pay for the recording of a certificate of
				  appropriation or amended certificate of appropriation or order in the office of
				  the county clerk of the county in which the water right is situated, and the
				  remainder of the fee shall be remitted to the State Treasurer for credit to the
				  general fund. If the Board of Control denies the petition, the recording fee
				  shall be returned to the person, association, or corporation submitting the
				  petition. All other fees received by the Board for copies, certified copies of
				  records, tabulations of adjudicated water rights, etc., shall be transmitted to
				  the State Treasurer for credit to the general fund of the State of Wyoming (see
				  W.S.
				  41-4-514 ) .
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-10 - Proof of Ownership

Current through July 13, 2024
The proof of ownership of lands involved in a petition can be
				  in the form of a certificate from the county clerk, but it may be in some other
				  form, such as a copy of land purchase contract or recorded warranty deed. If
				  the lands are being purchased by the petitioner from the owner of record, a
				  consent to the petition by the seller is required. If the ownership is joint in
				  nature, all co-owners must either join as petitioners or consent to the
				  petition. In the case of husband and wife ownership, it is best if both parties
				  sign the petition as petitioners. When all or part of the lands involved are
				  managed by a federal government agency, the petitioner must show some authority
				  to request the proposal in the petition such as a lease, special use permit,
				  etc. In addition, consent to the petition from the government agency must be
				  obtained. If the lands involved are State owned, a consent from the State Land
				  Office is required. Proof of ownership must also be provided for all persons
				  consenting to the petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-11 - Authorizing Statutes

Current through July 13, 2024
The following statutes authorize the various petitions
				  enumerated hereunder:
(a)
									W.S. 41-3-114
(i) Change of point of diversion.
(ii) Change of point of diversion and means
				of conveyance.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-11 - Authorizing Statutes

Current through July 13, 2024
The following statutes authorize the various petitions
				  enumerated hereunder:
a.W.S.
				41-3-114
(1) Change of point of diversion.
(2) Change of point of diversion and means of
				conveyance.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-14 - Correction or Amendment of Certificate of Appropriation

Current through July 13, 2024
The authorization for this petition and provisions pertaining
				  to hearing, costs, endorsement on the records, and other matters are found in
				  W.S. 41-4-514  through W.S. 41-4-517. The following information is
				  required:
(a) HEADING - Show sufficient
				description and identification of the appropriation or appropriations to be
				amended.
(b) OPENING STATEMENT -
				Identify the petitioner, and give a mailing address and a general
				introduction.
(c) BODY -
(i) ITEM 1 - Indicate whether the petitioner
				is the sole or part owner of the appropriation and of all or part of the lands
				described in the appropriation. Mention inclusion of proof of
				ownership.
(ii) ITEM 2 - Describe
				in complete detail the appropriation which will be affected by the petition by
				showing the name of the original appropriator, proof number, stream, ditch,
				permit number, priority, Order Record Book and page number, and Certificate
				Record Book and page number.
(iii)
				ITEM 3 - Delineate the lands under the appropriation by legal subdivision which
				are currently irrigated or proposed to be irrigated.
(iv) ITEM 4 - Give sufficient reason for the
				change requested. Mention briefly the occurrence of error or other
				circumstances and history that might justify the requested correction or
				amendment.
(v) ITEM 5 - Fees are
				required for a petition of this type, unless it is clearly evident the error to
				be corrected was originally by the Board (see Board Fee Schedule).
(vi) ITEM 6 - State conclusively whether or
				not any other appropriators from the same source of supply will be injured in
				any way.
(vii) ITEM 7 - State that
				the required map accompanies the petition. The map must show the location of
				the ditch and the lands irrigated therefrom. The lands proposed to be excluded
				and the lands proposed to be included must be shown on the same map by
				different cross-hatching.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-15 - Change of Use

Current through July 13, 2024
The definition of and order of preferred uses and the
				  procedure for a change from a lower to a higher ranking use are set out in W.S. 41-3-102  through W.S. 41- 3-104. Other changes of use not involving a change to
				  a preferred use can also be made. The following information is required:
(a) HEADING - Show sufficient description and
				identification of the appropriation to be changed.
(b) OPENING STATEMENT - Identify the
				petitioner and give a mailing address and a general introduction.
(c) BODY -
(i) ITEM 1 - Show either:
(a) that the lands from which the
				appropriation is to be detached are owned by the petitioner and provide the
				necessary attached proof of ownership; or
(b) that consent has been given from the
				owner of the lands for the water right to detach the appropriation as provided
				by W.S. 41-3-104.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-16 - Change of Place of Use

Current through July 13, 2024
The authorization for this petition and provisions are found
				  in W.S. 41-3-104. The following information is required:
(a) HEADING - Show sufficient description and
				identification of the appropriation or appropriations to be changed.
(b) OPENING STATEMENT - Identify the
				petitioner, and give a mailing address and a general introduction.
(c) BODY -
(i) ITEM 1 - Indicate whether the petitioner
				is the sole or part owner of the appropriation and all or part of the lands
				described in the appropriation, and has provided the necessary proof of
				ownership.
(ii) ITEM 2 - Describe
				in complete detail the appropriation which will be affected by the petition by
				showing the name of the original appropriator, proof number, stream, ditch,
				permit number, and Certificate Record Book and page number.
(iii) ITEM 3 - Delineate the lands under the
				appropriation by 40-acre subdivision which are actually irrigated or proposed
				to be irrigated.
(iv) ITEM 4 - Give
				sufficient reason for the requested change.
(v) ITEM 5 - Fees are required for a petition
				of this type (see Board Fee Schedule).
(vi) ITEM 6 - State conclusively whether or
				not any other appropriations from the same source of supply will be injured in
				any way.
(vii) ITEM 7 - State that
				the required map accompanies the petition. The map shall show the location of
				the ditch and the lands irrigated therefrom. The lands proposed to be excluded
				and the lands proposed to be included shall be shown on the same map by
				different cross-hatching.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-18 - Voluntary Abandonment

Current through July 13, 2024
A voluntary abandonment of a water right is a deliberate
				  relinquishment by its owner, which is accomplished by petition to the State
				  Board of Control. The following information is required:
(a) HEADING - Sufficiently identify the
				appropriation to be voluntarily abandoned.
(b) OPENING STATEMENT - Identify the
				petitioner, and show a mailing address and give a general
				introduction.
(c) BODY -
(i) ITEM 1 - Show that the petitioner is the
				sole owner of the appropriation and the adjudicated lands of record, which are
				to be abandoned. Mention inclusion of proof of ownership from the county clerk
				or other acceptable documentation. Describe the appropriation in detail and
				show the name of the original appropriator, proof number, stream, ditch, permit
				number, and priority. Describe the lands of record by 40-acre subdivision under
				the appropriation.
(ii) ITEM 2 -
				State that water under the appropriation is not presently being applied to
				beneficial use upon the adjudicated lands and that it will not be diverted or
				used in the future. Provide a reason why this has taken place.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-18 - Voluntary Abandonment

Current through July 13, 2024
. A voluntary abandonment of a water right is a deliberate
				  relinquishment by its owner, which is accomplished by petition to the State
				  Board of Control. The following information is required:
a. HEADING -- Sufficiently identify the
				appropriation to be voluntarily abandoned.
b. OPENING STATEMENT - Identify the
				petitioner, and show a mailing address and give a general
				introduction.
c. BODY -
ITEM 1 -- Show that the petitioner is the sole owner of the
				  appropriation and the adjudicated lands of record, which are to be abandoned.
				  Mention inclusion of proof of ownership from the county clerk or other
				  acceptable documentation. Describe the appropriation in detail and show the
				  name of the original appropriator, proof number, stream, ditch, permit number,
				  and priority. Describe the lands of record by 40-acre subdivision under the
				  appropriation.
ITEM 2 -- State that water under the appropriation is not
				  presently being applied to beneficial use upon the adjudicated lands and that
				  it will not be diverted or used in the future. Provide a reason why this has
				  taken place.
d. PRAYER --
				Declare the intention to abandon the appropriation, and request a proper Order
				of the Board.
e. No fees are
				required for a petition for voluntary abandonment.
f. If the water right(s) to be voluntarily
				abandon concern only portions of any appropriation(s), the Board requires that
				a map or maps be submitted showing the location of the portion of each 40-acre
				subdivision for which water right(s) is sought to be abandoned (see sample
				petition in Appendix A of these Regulations and Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-19 - Automatic Abandonment

Current through July 13, 2024
In accordance with W.S. 41-3-107, water rights on irrigated
				  lands inundated by reservoirs will be automatically abandoned after five years
				  of completion of construction of the reservoir. Change of use or change of
				  place of use of the inundated water right(s) may be pursued by proper petition
				  filed within the five-year period.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-19 - Automatic Abandonment

Current through July 13, 2024
In accordance with
				  W.S.
				  41-3-107, water rights on irrigated lands
				  inundated by reservoirs will be automatically abandoned after five years of
				  completion of construction of the reservoir. Change of use or change of place
				  of use of the inundated water right (s) may be pursued by proper petition filed
				  within the five-year period.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-20 - Appeal from Endorsement

Current through July 13, 2024
An appeal to the State Board of Control from an endorsement
				  of the State Engineer on an application for permit to appropriate water or on a
				  permit is authorized by W.S. 41-4-517. Such an appeal should include the
				  following:
(a) HEADING - Identify the
				application or permit in question by the name of the proposed facility and by
				temporary filing number or permit number.
(b) OPENING STATEMENT - Identify the
				applicant and their mailing address and give a general introduction.
(c) BODY -
(i) ITEM 1 - State that an application was
				filed or a permit issued, and show the date of filing and name of the facility,
				and give the temporary filing number or permit number. Show the nature of the
				challenged endorsement and the reasons stated in the endorsement.
(ii) ITEM 2 - State the reasons for
				appeal.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-20 - Appeal from Endorsement

Current through July 13, 2024
An appeal to the State Board of Control from an endorsement
				  of the State Engineer on an application for permit to appropriate water or on a
				  permit is authorized by
				  W.S.
				  41-4-517. Such an appeal should include the
				  following:
a. HEADING -- Identify the
				application or permit in question by the name of the proposed facility and by
				temporary filing number or permit number.
b. OPENING STATEMENT - Identify the applicant
				and their mailing address and give a general introduction.
c. BODY -
ITEM 1 -- State that an application was filed or a permit
				  issued, and show the date of filing and name of the facility, and give the
				  temporary filing number or permit number. Show the nature of the challenged
				  endorsement and the reasons stated in the endorsement.
ITEM 2 -- State the reasons for appeal.
d. PRAYER -- The prayer should ask for a
				hearing by the State Board of Control and a reversal or modification of the
				State Engineer's action (see sample appeal in Appendix A accompanying these
				Regulations and Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-22 - Temporary Changes of Point of Diversion or Point of Withdrawal

Current through July 13, 2024
The division superintendents are authorized to issue
				  temporary changes of points of diversion or changes of location for ground
				  water wells for short periods of time up to a maximum of one water use season.
				  The affected surface or ground water right must be a valid appropriation. If a
				  well is located in a ground water control area, the division superintendent may
				  approve the temporary change. For these wells, prior to approving a permanent
				  change of well location, the Board will obtain the recommendation of the
				  control area advisory board. The approval for a temporary change shall not be
				  given if the change would result in injury to any other appropriator. The
				  approval of the temporary change does not guarantee that the State Board of
				  Control will approve a permanent change. If a permanent change is to be
				  requested, a proper petition must be filed with the Board during the period of
				  the temporary change. A request for a temporary change must be made on the
				  appropriate form and must be approved in writing by the appropriate division
				  superintendent prior to being made. No increase in water use by a temporary
				  change shall be allowed. The division superintendent will forward copies of all
				  temporary change requests and approvals to the Board's Cheyenne office (see
				  sample form in Appendix A accompanying these Regulations and
				  Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-23 - Rotation of Water Use

Current through July 13, 2024
A rotation of water use does not require a petition to the
				  State Board of Control. This section merely explains the Board's policy and
				  establishes a uniform practice.
(a)
				When the source of supply is under priority administration and the owner or
				owners of two or more water rights can achieve greater efficiencies of use by
				rotating applications of the total supply available to several different water
				rights, they are allowed to do so under authority of W.S. 41-3-612, and
				according to the following conditions:
(i) All
				appropriations involved must be in priority and entitled to water during the
				entire rotation period;
(ii) An
				actual rotation of water use for the lands under each appropriation is
				required, and each rotation period will not exceed ten days unless a longer
				period is agreed to by the hydrographer commissioner or water
				commissioner.
(iii) The proposed
				rotation must not result in injury to any other appropriators;
(iv) The rotation proposed is limited to one
				season;
(v) A "Notice of Intention
				to Rotate" must be filed with the appropriate hydrographer commissioner or
				water commissioner on a form provided for that purpose by the hydrographer
				commissioner or water commissioner;
(vi) Written approval to the proposed
				rotation must be obtained from the appropriate hydrographer commissioner or
				water commissioner prior to commencement of any rotation and such approval
				shall be endorsed on the rotation form.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-23 - Rotation of Water Use

Current through July 13, 2024
A rotation of water use does not require a petition to the
				  State Board of Control. This section merely explains the Board's policy and
				  establishes a uniform practice.
a.
				When the source of supply is under priority administration and the owner or
				owners of two or more water rights can achieve greater efficiencies of use by
				rotating applications of the total supply available to several different water
				rights, they are allowed to do so under authority of
				W.S.
				41-3-612, and according to the following
				conditions:
(1) All appropriations involved
				must be in priority and entitled to water during the entire rotation
				period;
(2) An actual rotation of
				water use for the lands under each appropriation is required, and each rotation
				period will not exceed ten days unless a longer period is agreed to by the
				hydrographer commissioner or water commissioner.
(3) The proposed rotation must not result in
				injury to any other appropriators;
(4) The rotation proposed is limited to one
				season;
(5) A "Notice of Intention
				to Rotate" must be filed with the appropriate hydrographer commissioner or
				water commissioner on a form provided for that purpose by the hydrographer
				commissioner or water commissioner;
(6) Written approval to the proposed rotation
				must be obtained from the appropriate hydrographer commissioner or water
				commissioner prior to commencement of any rotation and such approval shall be
				endorsed on the rotation form.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-24 - Request for Regulation

Current through July 13, 2024
Any holder of a water right may request that the source of
				  supply for their water rights be regulated by the state water administrators as
				  authorized by law and in accordance with established priorities (see W.S. 41-3-503, W.S. 41-3-504, W.S. 41-3-604  and W.S. 41-3- 111). Requests for
				  regulation shall be in writing. An appropriate form may be used, or a letter
				  which contains essentially the same information may also be used (see sample
				  form in Appendix A accompanying these Regulations and
				  Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-24 - Request for Regulation

Current through July 13, 2024
Any holder of a water right may request that the source of
				  supply for their water rights be regulated by the state water administrators as
				  authorized by law and in accordance with established priorities (see
				  W.S.
				  41-3-503, W.S. W.S.
				  W.S.
				  41-3-504, W.S. W.S.
				  W.S.
				  41-3-604 and W.S. W.S.
				  W.S.
				  41-3-111 ). Requests for regulation shall be
				  in writing. An appropriate form may be used, or a letter which contains
				  essentially the same information may also be used (see sample form in Appendix
				  A accompanying these Regulations and Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-1 - Controlling Statutes

Current through July 13, 2024
In any action before the Board wherein the State or any other
				  party appears in an adverse position against the petitioner, or wherein the
				  petitioner's legal rights, duties or privileges are required by law to be
				  determined by the Board after an opportunity for hearing, the matter is
				  conducted as a contested case pursuant to the Wyoming Administrative Procedure
				  Act, W.S. 16-3-107  through 16-3-112. The specific statute or statutes for the
				  type of petition involved may also require that certain procedures be
				  followed.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-1 - Controlling Statutes

Current through July 13, 2024
In any action before the Board wherein the State or any other
				  party appears in an adverse position against the petitioner, or wherein the
				  petitioner's legal rights, duties or privileges are required by law to be
				  determined by the Board after an opportunity for hearing, the matter is
				  conducted as a contested case pursuant to the Wyoming Administrative Procedure
				  Act, W.S.
				  16-3-107 through
				  16-3-112. The specific statute or
				  statutes for the type of petition involved may also require that certain
				  procedures be followed.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-2 - Additional Definitions

Current through July 13, 2024
In addition to the terms used in the Wyoming Administrative
				  Procedure Act, W.S. 16- 3-101 through 16-3-115, and the definitions given in
				  Chapter 2 of those regulations, the following definitions apply to contested
				  cases before the Board:
(a)
				"Contestant" means any party who initiates a contest against any petition or
				proof filed with the Board for its decision, or who seeks to have a water right
				declared abandoned.
(b) "Contestee"
				means the holder of a water right against which abandonment proceedings have
				been initiated or a party who has filed a petition or proof with the Board
				which is being opposed or contested (the term "petitioner" may also be used if
				no confusion results).
(c) "Hearing
				Officer" means whoever is designated by statute or by the Board as the person
				to preside over a contested case proceedings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-2 - Additional Definitions

Current through July 13, 2024
. In addition to the terms used in the Wyoming Administrative
				  Procedure Act,
				  W.S.
				  16-3-101 through
				  16-3-115, and the definitions
				  given in Chapter II of those regulations, the following definitions apply to
				  contested cases before the Board:
a.
				"Contestant" means any party who initiates a contest against any petition or
				proof filed with the Board for its decision, or who seeks to have a water right
				declared abandoned.
b. "Contestee"
				means the holder of a water right against which abandonment proceedings have
				been initiated or a party who has filed a petition or proof with the Board
				which is being opposed or contested (the term "petitioner" may also be used if
				no confusion results).
c. "Hearing
				Officer" means whoever is designated by statute or by the Board as the person
				to preside over a contested case proceedings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-4 - Pleadings

Current through July 13, 2024
Except as required by statute for the action initiated, and
				  as stated in the notice of hearing or otherwise required by the hearing
				  officer, formal pleadings are not mandatory. However, each party in a contested
				  case proceedings is advised to make his or her position known in writing so
				  that the issues of fact and law can be clearly defined. All documents in the
				  nature of pleadings which are filed with the Board or given to the hearing
				  officer are deemed to be verified or sworn statements and must be personally
				  signed by the party for who they are submitted or by its
				  attorney.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-4 - Pleadings

Current through July 13, 2024
. Except as required by statute for the action initiated, and
				  as stated in the notice of hearing or otherwise required by the hearing
				  officer, formal pleadings are not mandatory. However, each party in a contested
				  case proceedings is advised to make his or her position known in writing so
				  that the issues of fact and law can be clearly defined. All documents in the
				  nature of pleadings which are filed with the Board or given to the hearing
				  officer are deemed to be verified or sworn statements and must be personally
				  signed by the party for who they are submitted or by its
				  attorney.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-5 - Docket File

Current through July 13, 2024
The official docket file for a contested case shall be
				  maintained by the Board's Cheyenne office. All notices, pleadings, motions,
				  transcripts, reports, documents, maps, and any other papers or evidence of any
				  kind pertaining to a contested case proceeding shall be systematically filed in
				  the docket file. When complete, the docket file shall constitute the record of
				  the proceedings. Official filings shall not be made with any other person other
				  than the secretary and/or adjudication officer or other Board employee in
				  Cheyenne. Original documents, etc., which pertain to a contested case that come
				  into the possession of any Board officer or employee shall be forwarded to the
				  Adjudication Officer in Cheyenne. When appropriate, duplicate copies should be
				  provided to the division superintendent or other person designated as the
				  hearing officer. The hearing officer may obtain or retain possession of all or
				  part of the official docket file during the conduct of the
				  hearing.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-5 - Docket File

Current through July 13, 2024
. The official docket file for a contested case shall be
				  maintained by the Board's Cheyenne office. All notices, pleadings, motions,
				  transcripts, reports, documents, maps, and any other papers or evidence of any
				  kind pertaining to a contested case proceeding shall be systematically filed in
				  the docket file. When complete, the docket file shall constitute the record of
				  the proceedings. Official filings shall not be made with any other person other
				  than the secretary and/or adjudication officer or other Board employee in
				  Cheyenne. Original documents, etc., which pertain to a contested case that come
				  into the possession of any Board officer or employee shall be forwarded to the
				  Adjudication Officer in Cheyenne. When appropriate, duplicate copies should be
				  provided to the division superintendent or other person designated as the
				  hearing officer. The hearing officer may obtain or retain possession of all or
				  part of the official docket file during the conduct of the
				  hearing.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-6 - Appearances

Current through July 13, 2024
(a) Appearance or
				representation of parties may be made as follows:
(i) An individual may appear and be heard on
				his or her own behalf;
(ii) A
				partnership may appear and be represented by a partner;
(iii) A corporation may appear and be
				represented by an executive corporate officer, a managing employee, or other
				duly authorized agent;
(iv) A
				municipal corporation or government agency may appear and be represented by an
				officer, a member of its governing body, or a duly authorized
				employee;
(v) An unincorporated
				association may appear and be represented by any bona fide general officer or
				full time employee authorized to represent the membership of the
				association;
(vi) Any party may
				appear and be represented by an attorney at law admitted to active practice in
				Wyoming. An attorney admitted to practice in another state must associate with
				local counsel and move the hearing officer to allow his or her
				appearance.
(vii) In unusual
				circumstances, the hearing officer may allow representation by other persons
				upon request.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-6 - Appearances

Current through July 13, 2024
a. Appearance or representation of parties
				may be made as follows:
(1) An individual may
				appear and be heard on his or her own behalf;
(2) A partnership may appear and be
				represented by a partner;
(3) A
				corporation may appear and be represented by an executive corporate officer, a
				managing employee, or other duly authorized agent;
(4) A municipal corporation or government
				agency may appear and be represented by an officer, a member of its governing
				body, or a duly authorized employee;
(5) An unincorporated association may appear
				and be represented by any bonafide general officer or full time employee
				authorized to represent the membership of the association;
(6) Any party may appear and be represented
				by an attorney at law admitted to active practice in Wyoming. An attorney
				admitted to practice in another state must associate with local counsel and
				move the hearing officer to allow his or her appearance.
(7) In unusual circumstances, the hearing
				officer may allow representation by other persons upon request.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-7 - Hearing Officer

Current through July 13, 2024
(a) In addition
				to such other duties as may be imposed by law, the hearing officer shall:
(i) Issue Subpoenas;
(ii) Supervise the taking of depositions and
				other discovery as allowed by W.S. 16-3-107(g) and (h);
(iii) Conduct pre-hearing conferences as he
				or she deems necessary;
(iv)
				Arrange for attendance at the hearing of a certified court reporter and ensure
				that the hearing room is available as scheduled;
(v) Officially open and close the
				hearing;
(vi) Administer oaths and
				affirmations;
(vii) Preside over
				the hearing and control the course of the proceedings;
(viii) Rule upon offers of proof and receive
				into the record of the case all competent evidence relevant to the
				issues;
(ix) Rule upon or otherwise
				dispose of all procedural motions and requests;
(x) Prepare a recommended decision for
				consideration by the full Board at its next regularly scheduled meeting if so
				requested by the Board.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-7 - Hearing Officer

Current through July 13, 2024
a. In addition to
				such other duties as may be imposed by law, the hearing officer shall:
(1) Issue Subpoenas;
(2) Supervise the taking of depositions and
				other discovery as allowed by
				W.S.
				16-3-107(g) and
				(h);
(3) Conduct pre-hearing conferences as he or
				she deems necessary;
(4) Arrange
				for attendance at the hearing of a certified court reporter and ensure that the
				hearing room is available as scheduled;
(5) Officially open and close the
				hearing;
(6) Administer oaths and
				affirmations;
(7) Preside over the
				hearing and control the course of the proceedings;
(8) Rule upon offers of proof and receive
				into the record of the case all competent evidence relevant to the
				issues;
(9) Rule upon or otherwise
				dispose of all procedural motions and requests;
(10) Prepare a recommended decision for
				consideration by the full Board at its next regularly scheduled meeting if so
				requested by the Board.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-8 - Rules of Procedure

Current through July 13, 2024
To the extent applicable, the Wyoming Rules of Civil
				  Procedure will guide the conduct at a contested case hearing. These proceedings
				  are being conducted before an administrative body and not a court, thus the
				  technical rules of evidence do not apply (see W.S. 16-3-108).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-8 - Rules of Procedure

Current through July 13, 2024
To the extent applicable, the Wyoming Rules of Civil
				  Procedure will guide the conduct at a contested case hearing. These proceedings
				  are being conducted before an administrative body and not a court, thus the
				  technical rules of evidence do not apply (see
				  W.S.
				  16-3-108 ).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-9 - Official Notice

Current through July 13, 2024
In any contested case proceedings, the hearing officer or the
				  Board members may take notice of maps, documents, or other papers in the docket
				  file, which have been brought to the attention of the parties. Official notice
				  may also be taken of all information, data, and the material included within
				  the books and records of the State Engineer and the State Board of Control. The
				  Board may also make on-the-ground inspections. If official notice is to be
				  taken of any information, data, or material not previously made available to
				  the parties, or if a field inspection is relied upon, the parties shall be
				  given notice and an opportunity to present rebuttal evidence (see W.S. 16-3-108 [d]).