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. W.S.
				  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 -
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. W.S. 41-3-104.
ITEM 2 -- Describe in detail the record as it identifies the
				  appropriation to be changed. Describe the lands involved by legal
				  subdivision.
ITEM 3 -- Describe in detail the change desired. It is
				  required that the appropriation to be changed has previously been and is
				  presently being applied to beneficial use. A statement to this effect should be
				  made. Also set forth in detail any change of point of diversion and/or means of
				  conveyance that may be required to make the appropriation available for the
				  proposed new use.
ITEM 4 -- Any consents of the other appropriators using the
				  same facility should be documented. If consents are not available, it should be
				  so stated.
ITEM 5 -- Identify any intervening headgates between the
				  original point of diversion and the proposed new point of diversion. Show that
				  consents from the various appropriators using these facilities have been
				  obtained. If consents cannot be obtained, it should be so stated.
Item 6 -- One important item in this petition not found in
				  others is a comparison of the proposed use with the historic use of the water
				  right being changed. This comparison could be in the form of a consumptive use
				  report or study made on return flows, both historic and under the proposed use.
				  If a water right has been exercised historically during only a part of the
				  year, the State Board of Control shall limit the new use to that same period of
				  time. The petitioner would have to apply for a current priority right to cover
				  the time not covered by the historic use. The Board's decision is made after a
				  close study of all the evidence, including any obtained at the hearing as
				  prescribed in W.S. W.S.
				  W.S.
				  41-3-104.
ITEM 7 -- State whether or not any other appropriator from
				  the same source of supply will be injured in any way.
ITEM 8 -- State that the required map accompanies the
				  petition. The map shall show the location of the affected ditch and stream, or
				  well, the location of the land in each 40 acre subdivision affected by the
				  proposed change and its area, the location of the pipeline or other means of
				  conveyance by which the water right is to be changed, and the location of the
				  point of new use, and any intervening ditches or commonly used
				  facilities.
ITEM 9 -- A fee is required for each appropriation for which
				  the change is sought (see Board Fee Schedule).