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
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.
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.
ITEM 3 - Delineate the lands under the appropriation by
				  40-acre subdivision which are actually irrigated or proposed to be
				  irrigated.
ITEM 4 - Give sufficient reason for the requested
				  change.
ITEM 5 - Fees are required for a petition of this type (see
				  Board Fee Schedule).
ITEM 6 - State conclusively whether or not any other
				  appropriations from the same source of supply will be injured in any
				  way.
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.
d. PRAYER - State what is desired
				to be accomplished by the petition.
e. If the proposed change concerns lands now
				owned by another, the owner's written consent should accompany the petition. If
				consents cannot be obtained, a hearing may be held.
f. A petition may also be filed when lands
				with attached adjudicated water rights have become seeped or otherwise unfit
				for production of crops by irrigation, and it is the desire of the appropriator
				to change the land description in the certificate of appropriation by excluding
				these lands and substituting other suitable lands of equal or less area in lieu
				thereof. The amended area may not exceed the area actually irrigated under the
				original water right.
g. A hearing
				may be required for petitions where the re-description of the appropriation
				includes lands not in the original description of the appropriation, except in
				the case of simple clerical error.
h. This type of petition is also used to
				re-describe territorial "blanket descriptions" and court decree water rights so
				as to reflect on the record the actual diversion on the ground. Typically, this
				type of petition must be filed before lands can be sold, since the buyer wants
				to know exactly where the water rights are located. This type of petition may
				also be necessary in situations involving a change to a preferred
				use.
i. Petitions may not be
				approved which would activate a water right, which has not been exercised for
				at least five years when water has been available for use.
j . Petitions to change the place of use of
				ground water appropriations must be accompanied by copies of the pumping power
				or other records for at least five years prior to the petition filing
				date.