Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-13 - Change of Point of Diversion and/or Means of Conveyance

Current through July 13, 2024
The required contents of a petition for change of point of
				  diversion and means of conveyance are found in W.S. 41- 3-114. The following
				  information is required:
(a) HEADING -
				Show ample description and identification of the appropriation or
				appropriations to be changed.
(b)
				OPENING STATEMENT - Identify the petitioner, show a mailing address and give a
				general introduction.
(c) BODY -
(i) ITEM 1 - Show that the petitioner owns
				all of the lands irrigated under the appropriation to be changed. Mention
				inclusion of documentary proof of ownership.
(ii) ITEM 2 - Describe in detail the
				appropriations to be changed, showing the name of the original appropriation,
				permit number, proof number, stream, ditch, priority, Order Record Book and
				page number, and Certificate Record Book and page number.
(iii) ITEM 3 - Give a complete legal tie and
				location of the present point of diversion. Name and describe the ditch into
				which the proposed change is to be made, giving the legal tie to the location
				of the point of diversion and indicating the appropriations already involved,
				or stating whether this is to be an entirely new ditch. Describe the lands
				under each appropriation for which a change in point of diversion and means of
				conveyance is proposed. Include a short explanation of the physical arrangement
				on the ground.
(iv) ITEM 4 - Give
				reasons why the proposed change is desirable.
(v) ITEM 5 - State that consents have been
				obtained from all other appropriators using the two facilities directly
				involved, i.e., the old and new ditches. Written consents should be obtained
				and submitted with the petitions. If all appropriations are being transferred
				out of the ditch of record, then a statement should be made to show what will
				become of the ditch, such as, "ditch will be abandoned, headgate removed and
				diversion closed to the passage of water."
(vi) ITEM 6 - Identify intervening headgates
				and points of diversion, or note the lack thereof. If there are intervening
				headgates or points of diversion, describe their location by subdivision,
				section, township and range. Also show whether or not consents to the proposed
				change have been obtained from the intervening appropriators. Such consents
				should be obtained and submitted with the petition (a sample consent form in
				Appendix A accompanying these Regulations and Instructions). If consents cannot
				be obtained, a hearing must be held.
(vii) ITEM 7 - Identify any intervening
				tributaries or other sources of supply. If there are none, make a simple
				statement to that effect.
(viii)
				ITEM 8 - State whether or not any other appropriator from the same source of
				supply will be injured in any way.
(ix) ITEM 9 - A map is required and shall
				show the location of the stream, both ditches and the land irrigated thereunder
				as they affect the appropriation of water to be changed, as well as the
				location of any intervening points of diversion and sources of
				supply.