reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 7 - SURVEYS › Section 7-8 - Stations

Current through July 13, 2024
In making a survey, stations shall be selected at such
				  intervals that the course between stations shall not differ at any point from
				  the actual line of the ditch, pipeline, or the high-water line of the
				  reservoir, by more than 10 feet.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 7 - SURVEYS › Section 7-9 - Aerial Photographs

Current through July 13, 2024
Map information taken from aerial photographs may be used,
				  with discretion, to supplement field surveys, but the location of public survey
				  boundaries, the points of diversion of ditches, and the extent and area of
				  irrigable or irrigated lands, must be determined by actual field
				  surveys.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-1 - Acceptable Materials

Current through July 13, 2024
a. All applications
				for water rights must be accompanied by maps in duplicate; one of which must be
				on good quality tracing linen or equivalent. Original drawings prepared on
				polyester base films with a minimum thickness of 0.006 inch will be acceptable.
				This will include Linen, Estar, Cronaflex, and Mylar drafting films* Maps
				accompanying original applications must be neatly drawn in either black
				waterproof ink or acetate ink which will print clearly. Maps on which pencil,
				ballpoint pen, or ink other than black, has been used, will not be acceptable.
				Pressure sensitive lettering and symbols or adhesive transparent acetate
				stick-on crosshatching are not acceptable. These materials are not sufficiently
				permanent and decrease the useful life of the filing maps, which are intended
				to be permanent records.
b. Maps to
				accompany enlargement applications or amendments of previous filings may be
				prepared by securing a duplicate original of the map already on file in the
				State Engineer's Office, and by making the necessary alterations and additions
				thereto. Duplicate originals, in order to be acceptable must be on Linen,
				Mylar, Estar, Cronaflex, or equivalent drafting films with a matte surface
				designed to accept ink and with a minimum thickness of 0.004 inch.
c. However, in the case of special
				applications to construct small reservoirs for stock purposes only and fishing
				preserve waters where the capacity of such reservoirs does not exceed 20
				acre-feet or 20 feet in fill height; to develop surface water springs for stock
				purposes not to exceed 25 g-p.m. (0.056 CFS); and to construct flood water
				detention reservoirs not to exceed 50 acre-feet in capacity, 20 feet in fill
				height, or 20 acre-feet of inactive capacity, providing said dam has a minimum
				outlet of 18 inches in diameter; the application may be accompanied by a 9" x
				9" aerial photograph or a 9" x 9" section of a United States Geological Survey
				quadrangle map. For preparation of special application maps, see Section
				3 of
				Chapter VI, page 47.
d. Map which
				has been folded will not be accepted
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-2 - Sizes

Current through July 13, 2024
a. All maps must conform to one of the
				standard sizes listed. Maps prepared on sheets of any other size will not be
				accepted. If one sheet is not sufficient to show the proposed works, two or
				more sheets of the same size may be used. Keep all map information within the
				border line.
b. Loose-leaf books
				are in use for each size given below, and all maps are filed flat in order to
				preserve the record contained on the maps. Maps must be made on sheets of the
				following sizes and dimensions;
OVERALL DIMENSIONS
MARGINS
Size
Length
Width
Binding Side
Other Sides
B
15"
10-3/4"
1-1/2"
1/4"
D
21-1/2"
15"
1-1/2"
3/8"
E
30"
21-1/2"
1-1/2"
1/2"
F
40"
35"
3/4"
3/4"
See samples on pages 61 and 62 for pictorial representation
				  of map sizes and margin arrangements,
(1) The "F" size sheet is very unhandy to
				file and to use; consequently, it is preferred that the "B", "D", or "S" size
				sheets be utilized if possible. Statutory revisions also permit the use of size
				"A" which is 8-1/2 inches vide and 11 inches long; size "AA" which is 8-1/2
				inches vide and 14 inches long; and size "C" which is 22 inches wide and 36
				inches long. The State Engineer's Office, however, is not equipped with books
				for filing these sizes; therefore, the sizes included in the above tabulation
				are preferred.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-3 - Arrangement

Current through July 13, 2024
See sample maps on pages 63 through 67 for ideal arrangement
				  of data. Attention is called to the necessity of placing the binding edge as
				  indicated. Provide a 1" x 4" space for the State Engineer's endorsement, as
				  shown on the sample maps. Orient map so the meridian is parallel to the binding
				  edge, and, if possible, so the "north arrow" points to the top of the
				  map.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-4 - Title

Current through July 13, 2024
Always place the title in the lower tight-hand corner. The
				  title on the map should conform with the names given in the accompanying
				  applications or petitions. It should include the names of all ditches,
				  enlargements, reservoirs or pipelines which are directly involved in the
				  accompanying applications or petitions. The names and addresses of the
				  applicants, petitioners, or permittees, and the scale of the map should also be
				  included in the title block.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-5 - Scale

Current through July 13, 2024
Location maps must be drawn to a scale of not less than 2" =
				  1 mile, Use a large enough scale to show all of the required information
				  clearly. Show the scale used for all maps, cross-sections, profiles,
				  etc.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-6 - Ties

Current through July 13, 2024
a. Ties must be shown on the map from a
				corner of the public land survey to the following points:
(1) The head gate (point of diversion) of the
				facility.
(2) The point of starting
				of an extension or enlargement.
(3)
				The outlet of a reservoir, which is defined as the point where the center line
				of the top of the dam intersects the center line of the outlet
				conduit,
(4) If a reservoir has no
				outlet, to the center of the stream bed where it intersects the dam.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-7 - Information to be Shown

Current through July 13, 2024
a. The ditch, canal
				or pipeline must be shown in such a manner that its location stands out
				clearly, and the name must be shown. Sufficient detail of the conveyance system
				must be shown so that it is apparent as to how water will be conveyed to each
				subdivision.
b. On surface water
				applications, petitions, or enlargements, the location, as well as the name of
				the river, stream, or other source of supply, must be shown on the map; arrows
				being used to indicate the direction of flow.
c. The location and length of all tunnels,
				flumes, siphons, or other important structures or works, must be shown on the
				map.
d. Entire sections must be
				shown in all case3. When any part of a section is involved in an application or
				petition, the entire section, subdivided into forties and lots, must be shown.
				Where lots or tracts are shown, they must be plainly labeled on the map, and
				the entire lot or tract is to be shown. Homestead entries and mineral surveys
				are to be related to the nearest section to indicate their position in the
				township.
e. Survey stations along
				the facility line or reservoir high-water line may be shown on the map,
				preferably by small circles.
f.
				Certificate of Engineer or Surveyor must be shown. Examples in Section
				1(a) (page 109)of Chapter
				XI, may be used as a general guide.
g. For surface water applications, petitions,
				or enlargements, the location and acreage of all lands in each subdivision must
				be shown.
(1) Such lands must be indicated on
				the map by symbols or cross-hatching.
(2) Lands under different permits must be
				shown by distinctively different cross-hatching or symbols.
(3) The map must contain a legend showing the
				kind of cross-hatching or symbols,
(4) Watercoloring wrinkles the linen and
				therefore must not be used.
(5) The
				lands shown on the surface water map must be the acreage of irrigable area in
				each subdivision,
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-8 - Pipelines

Current through July 13, 2024
The map accompanying a pipeline application should show a
				  complete profile of the pipeline, as well as details at the head gate, and any
				  other important points along the pipeline. Enough information should be shown
				  to allow verification of the stated capacity of the pipeline by the State
				  Engineer's Office. Points of use in dwellings for domestic purposes should be
				  shown on the map by rectangles. Item 10 of the application should also state
				  number of dwellings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-9 - Classification of Pipelines

Current through July 13, 2024
A pipeline will usually fall into one of the following
				  classes:
a. A pipeline that is flowing
				partly full at head gate under gravity feed. Use Manning's and Kutter's
				velocity calculations (suggested roughness coefficient for plastic pipe -
				n=0.010). The hydraulic properties shown on the map should include area,
				hydraulic radius, slope, roughness coefficient, velocity, and
				capacity.
b. A pipeline that is
				flowing full under pressure from pump. The pipeline capacity wiil be dependent
				upon the pump capacity and the hydraulic properties shown on the map, and
				should include pump type, horsepower, and rated output capacity and head. The
				head should be at least equal to the total head the pump will be working
				against plus the head loss in the pipe for the capacity shown.
c. A pipeline that is flowing full at head
				gate under gravity feed. There are several formulas, such as Manning's formula,
				adapted for pipe flow (suggested n=0.010 for plastic pipe); the Moody
				resistance diagram (smooth pipe curve); and the Hazel-Williams formula
				(suggested C-120 for plastic pipe); which can be used to compute head loss due
				to friction for pipelines flowing under pressure. Total head, head loss due to
				friction (and other causes if considered), as well as nominal pipe diameter,
				area, velocity, and capacity at the outlet, should be shown on the
				map.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-11 - Sample Maps

Current through July 13, 2024
Pages 63 through 65 contain sample maps prepared in
				  accordance with the requirements of the State Engineer's Office, and should be
				  used as guides in the preparation of maps to be filed with the applications,
				  and in the case of pages 66 and 67, for exchange of water.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 8 - MAPS › Section 8-12 - Exchanges

Current through July 13, 2024
The two sample maps on pages 66 and 6 7, indicate the
				  required information that must be shown in connection with exchanges of water.
				  Exchanges are accomplished by application (page 83) or by petition to the State
				  Engineer for exchange of already appropriated water (page 83). A detailed
				  explanation of when an application is to be filed and when a petition is filed
				  is found beginning on Page 88, Section
				  7 = Chapter
				  IX. Please note that in addition to meeting all other general mapping
				  requirements, a detailed explanation of how the exchange will operate is also
				  placed on the map.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-1 - General Requirements

Current through July 13, 2024
a. All petitions
				pertaining to unadjudicated water rights must be filed with the State Engineer,
				State Office Building, Cheyenne, Wyoming, 82002. A petition for exchange of
				water, whether the rights are adjudicated or unadjudicated, must be filed with
				the State Engineer. The format for ail petitions except for the petition for
				exchange is outlined below. The details for preparation of a petition for
				exchange is outlined in Section
				7, Page 88
				of this Chapter.
b. Petitions must
				be in the form of an affidavit and signed by the petitioner or his agent before
				a Notary Public or other officer authorized to administer oaths. A petition
				should contain the following information:
(1)
				Name of facility;
(2) Source of
				supply;
(3) Date of priority and
				permit number;
(4) Detailed reasons
				for proposed change;
(5) A clear
				statement of the amendment or change requested.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-2 - Maps and Surveys

Current through July 13, 2024
a. Maps must
				accompany all petitions except those to correct a clerical error,, Such maps
				must be in duplicate, one of which must be on good quality tracing linen or an
				acceptable equivalent. Drafting standards, size of maps, information to be
				shown, etc, for all petition maps shall conform with the requirements and
				regulations set forth in Chapter VIII, Page 55 of this Manual.
b. Maps must bear the certificate and
				signature of a professional engineer or land surveyor licensed to practice in
				Wyoming.
c. The map title should
				refer to the petition and the petitioner, and indicate in the title the
				intended purpose of the petition.
d. Maps shall be prepared from field notes
				taken during an actual survey, which may be supplemented by information from
				aerial photographs and the records of the State Engineer and the State Board of
				Control.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-3 - Petition for Change of Point of Diversion

Current through July 13, 2024
a. A petition
				for a change in point of diversion must meet the following requirements:
(1) HEADING - State the purpose of the
				petition, identify the ditch by permit number and name.
(2) OPENING STATEMENT -- Identify the
				petitoner, show a mailing address, and give general introduction.
(3) ITEM 1 - State chat the petitioner is the
				sole owner of the ditch and lands irrigated thereby; which statement should be
				substantiated by documentary evidence, such as a Certificate of Ownership from
				the County Clerk .of the county in which the lands are located.
(4) ITEM 2 -- Give the status of the permit,
				such as "Permit No. 00000 is in good standing, with all the required notices
				filed, and beneficial use of water is presently being made within the terms of
				the permit."
(a) If the permit being amended
				is not completed insofar as construction or beneficial use of water is
				concerned, a statement should be substituted for the above, indicating that the
				permit has not expired and is in good standing.
(5) ITEM 3 - Describe the present head gate
				location and the proposed new point of diversion.
(6) ITEM A - Indicate the reason for the
				proposed change.
(7) ITEM 5 --
				State whether or not there are any intervening points of diversion (head gates)
				between the present point of diversion and the new point of diversion.
(a) If there are intervening points of
				diversion, the written consent of the intervening ditch owners must be secured.
				For suggested Consent format, see Chapter XI, page 112. If the written consent
				of the intervening ditch owners cannot be secured, a hearing must be held
				before the State Engineer or his duly authorized representative, as provided by
				Section 41 - 10.4(e), Wyoming Statutes 1957 (Laws 1965).
(8) ITEM 6 - State whether or not there are
				any intervening tributaries or other sources of water between the present point
				of diversion and the new point of diversion.
(a) If there are intervening tributaries or
				other sources of water, name them.
(9) ITEM 7 -- State whether or not any other
				appropriator from the same source of supply will be injured.
(10) ITEM 8 -- The accompanying map must show
				the location of the present diversion, the proposed new point of diversion, the
				location of any new ditch required to be constructed, and the location of any
				intervening points of diversion; all being properly located by course and
				distance from a corner of the public land survey. If the information relative
				to intervening diversions is not completely available to the petitioner, he
				should secure it from the State Engineer.
(11) ITEM 9 -- Indicate the amount of fees
				which accompany the petition.
(12)
				PRAYER - The prayer of the petitioner should set-out the results the petitioner
				desires to accomplish.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-5 - Petition to Correct Errors and Misdescriptions

Current through July 13, 2024
a. A
				petition to correct errors and misdescriptions must be made by the owner of the
				lands or his agent. It must be accompanied by conclusive evidence to show that
				the change desired was caused by an error or misdescription. Maps may or may
				not be required, depending on the character of the error which is being
				corrected. A petition to correct errors and misdescriptions must meet the
				following requirements:
(1) HEADING -- State
				the purpose of the petition, identify the ditch or reservoir by permit number
				and name.
(2) OPENING STATEMENT --
				Identify the petitioner, show a mailing address, and give general
				introduction.
(3) ITEM 1 -- State
				chat the petitioner is the sole owner of the ditch and lands irrigated thereby,
				or the reservoir appropriation; which statement should be substantiated by
				documentary evidence, such as a Certificate of Ownership from the County Clerk
				of the county in which the lands are located, or assignment of reservoir or
				other sufficient instrument if the petitioner is not the permittee of
				record.
(4) ITEM 2 - Give the
				status of the permit, such as "Permit No. 00000 is in good standing, with all
				the required notices filed, and that beneficial use of water is presently being
				made within the terms of the permit."
(a) If
				the permit being amended is not completed insofar as construction or beneficial
				use of water is concerned, a statement should be substituted for the above,
				indicating that the permit has not expired and is in good, standing.
(5) ITEM 3 - Describe the portion
				of the permit, as originally filed, in error.
(6) ITEM 4 - Describe the desired
				correction.
(7) ITEM 5 -- State how
				the error occurred if this information is available.
(8) ITEM 6 -- State whether or not any other
				appropriator from the same source of supply will be injured in any way by the
				correction of error in description.
(9) ITEM 7 -- State whether or not a map Is
				necessary to accompany this petition.
(10) ITEM 8 - Indicate the amount of fees
				which accompany this petition.
(11)
				PRAYER - The prayer of the petitioner should set-out the results the petitioner
				desires to accomplish.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-6 - Petition for Amendment of Description of Land

Current through July 13, 2024
a. Under
				the provisions of Section 41 - 213(A), Wyoming Statutes 1 957, as amended by
				Section
				1, Chapter
				214, Session Laws of Wyoming 1961. the State Engineer is authorised upon
				written petition of the owner, to amend any permit to appropriate water prior
				to the adjudication by the State Board of Control for the purpose of correcting
				errors or otherwise, when in his judgment such amendment appears desirable or
				necessary; provided the total area of lands may not exceed the area described
				in the original permit. A petition for amendment of description of land must
				meet the following requirements:
(1) HEADING
				-- State the purpose of the petition, identify the ditch by permit number ant*
				name.
(2) OPENING STATEMENT --
				identify the petitioner, show a mailing address, and give general
				introduction.
(3) ITEM 1 - State
				that the petitioner is the sole owner of the ditch and the lands irrigated
				thereunder. This statement should be substantiated by a Certificate of
				Ownership of the County Clerk of the county in which the lands are located.
(a) If the lands are included in an
				Irrigation District, the petitioner should be the
district
, acting through its duly authorized agent.
				The petition should state that the lands affected are within the district, and
				should specify the ownership.
(4) ITEM 2 -- Give the status of the permit,
				such as "Permit No. 00000 is in good standing, with all the required notices
				filed, and that beneficial use of water is presently being made within the
				terms of the permit,"
(a) If the permit being
				amended is not completed insofar as construction or beneficial use of water is
				concerned, a statement should be substituted for the above, indicating that the
				permit has not expired and is in good standing.
(5) ITEM 3 -- State the reason a correction
				or amendment of land description is desired or necessary,
(6) ITEM 4 -- Describe the lands which are to
				be excluded from the permit.
(7)
				ITEM 5 -- Describe the lands which are to be substituted in lieu of the lands
				being excluded. The total area of the substituted lands cannot exceed the total
				area of the lands proposed to be excluded from the permit.
(8) ITEM 6 -- State whether or not any other
				appropriator from the same source of supply will be injured.
(9) ITEM 7 - The accompanying map should show
				accurately the Location of the ditch, the stream, the location and extent of
				the lands proposed to be excluded from the permit, and the location and extent
				of the lands to be substituted in lieu thereof. The map must also show the
				means by which the substituted lands will be irrigated.
(10) ITEM 3 -- Indicate the amount of fees
				which accompany this petition.
(11)
				PRAYER - The prayer of the petitioner should clearly describe the requested
				amendment of description of land.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 10 - STORAGE OF DIRECT FLOW RIGHTS › Section 10-1 - Authority

Current through July 13, 2024
The 42nd Session of the Wyoming Legislature enacted Section
				  41 - 29.1 (SessionLaws 1973, Chapter 203), which allows the holder or owner of
				  a
valid
direct flow water right to store such direct
				  flow provided that no other Wyoming appropriator is injured or affected
				  thereby. The law also requires that a written request for such storage be
				  submitted to the State Engineer and be approved by the State Board of
				  Control.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 10 - STORAGE OF DIRECT FLOW RIGHTS › Section 10-2 - Storage without Injury

Current through July 13, 2024
a. The most
				important provision of this law is chat storage of direct flow rights must be
				accomplished without injuring or affecting any other Wyoming appropriator. In
				order to determine if such storage can be accomplished without injury and to
				allow proper administration of the proposal, certain information must be
				furnished. It should be understood that (1) at certain times and under certain
				conditions in some areas, it may be possible to store the entire amount of the
				direct flow appropriation, (2) at other times only a portion of that right may
				be stored, and finally (3) at other times and in some areas no water may be
				stored. This will depend on. the past historical use Of the direct flow rights,
				what other rights divert or store water from the same source of supply and how
				they might be affected by the proposed storage.
b. A direct flow right proposed to be stored
				must be a
valid
right which is in use and has been in
				use for at least the preceding five (5) year period. The five year period is
				necessary in order to establish the pattern of historic use under the
				right.
c. In determining if storage
				can be allowed, and if so, the amount of storage, several factors will be
				considered. If, for example, the pro* posed storage is on a stream drainage
				where such storage would not interfere with
any
other
				appropriators, junior or senior in priority, storage may be allowed up to the
				full amount of the appropriation as long as interference does not occur with
				other rights. If, however, storage is proposed on a stream drainage which is
				heavily appropriated both for storage and for direct flow appropriations, then
				such storage may not be allowed or may be restricted in quantity and in time of
				storage. In such circumstance, the amount of storage may be limited to the
				amount of water determined to have been consumed in growing the plant and lost
				through evaporation and transpiration. The amount of this consumptive use would
				be determined from past records of diversion and such factors as the type of
				irrigation practiced, the slope of the land, the type of plant irrigated, soil
				type and weather pattern. Storage of the consumptive use portion of a right
				will be restricted to the time during which water has been historically used in
				the past for irrigation. Water cannot be stored under a direct flow right when
				such right is not in priority and, therefore, not entitled to water. It would
				not be permissible to divert water under a direct flow right and store water
				under the same right, at the same time.
Storage of the consumptive use portion of a right must be
				  coincidental with the Lime period that such right has been exercised in the
				  past.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 10 - STORAGE OF DIRECT FLOW RIGHTS › Section 10-3 - Information Required

Current through July 13, 2024
a. Request for
				storage to the State Engineer.
(1) Before any
				storage of water under the conditions of this Chapter can be allowed, a written
				request must be submitted to the State Engineer. A form has been prepared
				which, when properly completed, will supply the State Engineer and the Board of
				Control with necessary information so that a decision can be made with regard
				to the storage of the direct flow appropriation. (Note; This request form is
				prepared for the purpose of storage of water under a direct flow irrigation
				right only. In the event storage is proposed under a direct flow right issued
				for some purpose other than irrigation, it is suggested that as much
				information as possible be furnished on this form concerning the proposal
				together with whatever supplemental information is deemed necessary. The State
				Engineer will then determine if such proposal appears feasible.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 11 - INSTRUMENTS AND PROCEDURES › Section 11-1 - Special Instruments

Current through July 13, 2024
a. CERTIFICATE OF
				ENGINEER OR SURVEYOR - All maps filed in the office of the State Engineer must
				bear a certificate signed by a professional engineer or land surveyor who is
				licensed to practice in Wyoming. The following formats may be used as guides
				for such certificates:
(1) Certificate for
				maps to accompany applications for surface water rights, except for reservoirs:
- - - -
CERTIFICATE OF ENGINEER OR
				  SURVEYOR
STATE OF WYOMING )
) SS.
COUNTY OF ________________ )
I,
				  _______________________________________________of_____________________________________
				  hereby certify that this map was made from notes taken during an actual survey
				  made by me on________________, 19 ___, (or made on ______________ , 19____,
				  under my direction by____________
___________, for whose work I stand personally responsible);
				  and that it correctly represents the proposed facility, the location and area
				  of the lands proposed to be irrigated (or point of use) in each subdivision,
				  and the location of streams, as described in the accompanying
				  application.
(Signed)___________________________
(Engineer or Surveyor) Wyoming
Registration No.____________
(Indicate -- PE and/or LS)
NOTE: The certificate should also credit the use of
				  information obtained from other sources where other sources are used. Care
				  should be taken that certification indicates the source of all information
				  shown on the map.
(2)
				Certificate for maps to accompany applications for surface water rights
for
reservoirs
.
CERTIFICATE. OF ENGINEER OR
				  SURVEYOR
STATE OF WYOMING )
) SS.
COUNTY OF _____________ )
I,_____________________________________________________________
				  of________________________________________________________hereby certify that
				  this map was made from notes taken during an actual Survey made by me on
				  _____________________, 19_____, (or made on __ ___________, 19_____, under my
				  direction by________________ ____________, for whose work I stand personally
				  responsible); and that it correctly represents the proposed reservoir dam
				  location, contours, spillway, outlet, and capacity, as described In the
				  accompanying application.
(Signed)_____________________________
(Engineer or Surveyor)
Wyoming
Registration No.____________,
----
(Indicate -- PE and/or LS)
NOTE: The certificate should also credit the use of
				  information obtained from other sources where other sources are used. Care
				  should be taken that certification indicates the source of all information
				  shown on the map.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-1 - Authority

Current through July 13, 2024
These rules are promulgated by the State Board of" Control
				  and the State Engineer, as authorized by Section
				  2, Article
				  8, Wyoming Constitution, and Sections 41 - 154, 41 - 155, 41 - 164, 41 - 190,
				  41 - 211 (Section
				  1, Chapter
				  160, Session Laws of Wyoming 1965), and 9-276.19 (Laws 1965), Wyoming Statutes
				  1957.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-2 - Definitions

Current through July 13, 2024
The following definitions shall prevail in these
				  rules:
a. BOARD - The State Board of
				Control.
b. CONTESTANT - Shall
				include any party instituting a contest of any petition, proof of appropriation
				of water, or filing a petition for abandonment of an adjudicated water right
				before the State Board of Control, the State Engineer, or a Water Division
				Superintendent.
c. CONTESTEE -
				Shall include any party filing a petition or proof of appropriation of water
				before the State Board of Control, the State Engineer, or a Water Division
				Superintendent, which is being opposed or contested.
d. HEARING OFFICER - The State Board of
				Control, the State Engineer, or a Superintendent acting as a presiding officer
				at a hearing.
e. ENGINEER - The
				State Engineer.
f. PRESIDENT - The
				State Engineer acting as President of the State Board of Control.
g. SUPERINTENDENT - Water Division
				Superintendent.
h. SECRETARY -
				Deputy State Engineer as Ex-officio Secretary of the State Board of
				Control.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-5 - Notices and Service

Current through July 13, 2024
Notices shall be as prescribed by the Statutes found in
				  Chapter III of the Board of Control portion of the Manual of Regulations and
				  Instructions and shall be served as therein provided. When private persons are
				  the moving parties, other parties to the proceedings shall be given prompt
				  notice of issues controverted in fact or law. When the hearing is initiated by
				  the Hearing Officer, he may require responsive pleadings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-7 - Docket

Current through July 13, 2024
When a proceeding becomes contested, the Hearing Officer, who
				  is to hear the controversy, shall notify the Secretary of the names of the
				  parties, the date of filing, and the nature of the controversy. The Secretary
				  shall then assign it a number and enter the proceeding, with the date of its
				  filing, on a separate page of a docket provided for such purposes. The
				  Secretary shall establish a separate file for each such docketed case, in which
				  shall be systematically placed all papers, pleadings, documents, transcripts
				  and evidence pertaining thereto, and all such items shall have noted thereon
				  the docket number assigned and date of filing.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-8 - Form of Pleadings

Current through July 13, 2024
The form of pleadings for contested cases shall be
				  substantially as on the following page:
PLEADINCS
BEFORE THE STATE ENGINEER
STATE OF WYOMING
John Doe, )
)
Contestant.)
)
vs. ) Docket No. ___________________
)
Harry Roe, )
)
Contestee.)
PETITION
(Answer, Motion, etc.)
STATE OF WYOMING )
) SS.
COUNTY OF ___________________ )
Contestant states :
4. etc.
(Signed)_____________________________
Name typed or printed
Contestant (Contestee)
__________________________(Signed)
Name typed or printed
Address
Attorney tor Contestant (Contestee)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-9 - Default

Current through July 13, 2024
In the event of the default of any party within the time
				  allowed, provided service has been made as required and after due notice to
				  both parties, the Hearing Officer, if he so desires, may order those parties in
				  attendance to present their evidence. If the Hearing Officer determines that
				  there is no material fact in issue, he need not hold the hearing. In either
				  event, the contest will be brought before the State Engineer for consideration
				  and appropriate action.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-10 - Disposition of Case by Stipulation

Current through July 13, 2024
. Any case may be partially or finally disposed of by
				  stipulation of the parties, approved by the State Engineer. An appropriate
				  Order accordingly shall be entered in the case records.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-11 - pre-hearing Conference

Current through July 13, 2024
a. As authorized by
				Section
				9 - 276,
				30(a) and (b) (Laws 1965), Wyoming Statutes 1957, at a time on or before the
				day of the hearing in a contested case, the State Engineer or the
				Superintendent may direct the parties or their attorneys to consider:
(1) The simplification of the
				issues.
(2) The necessity or
				desirability of amending the pleadings.
(3) The possibility of obtaining admission of
				fact and of documents which will avoid unnecessary proof.
(4) Stipulations as to qualifications of
				expert witnesses.
(5) Such other
				macters as may aid In the disposition of the case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-12 - Motions

Current through July 13, 2024
The Hearing Officer, after 10 days notice by him, may hear
				  any motion filed in connection with contests to be heard by him. It shall be
				  within his discretion as to whether such hearing shall be oral, or upon the
				  exchange of briefs, or other writings, or a combination
				  thereof.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-13 - Hearing Before Full Board

Current through July 13, 2024
Any hearing provided by law to be held before a
				  Superintendent may, at the discretion of the State Engineer or the Board, be
				  held before the full Board upon stipulation of the parties.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-14 - Subpoenas

Current through July 13, 2024
As authorized by Section
				  9 -
				  276.25(d) (Laws 1965), Wyoming Statutes 1957, subpoenas for appearance and to
				  produce books, papers or documents, will be issued by the Superintendent,
				  Secretary or State Engineer, as appropriate, by written
				  request.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-15 - Hearing

Current through July 13, 2024
After the issues shall have been defined, the State Engineer
				  shall set a date for hearing and shall fix such date and notify all parties in
				  interest of record of the date and place of hearing at least 15 days prior to
				  the date thereof; or such notice as may be required by Statute, which notice
				  may be given personally or by prepaid mail, or as required by Statutes found in
				  Chapter III of the Board of Control portion of the Manual of Regulations and
				  Instructions.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-16 - Order of procedure at Hearing

Current through July 13, 2024
As nearly as may be practicable, hearings shall be conducted
				  in accordance with the following order of procedure:
a. The Hearing Officer shall announce that
				the hearing is called to order to transact business and call by Docket Number
				and Title the case to be heard.
b.
				The Hearing Officer will briefly review the case and any evidence previously
				presented.
c. The Contestant will
				be allowed an opening statement to briefly explain his position and outline the
				evidence he proposes to offer, together with its purpose.
d. The Contestee will be allowed an opening
				statement, in the same manner as allowed Contestant.
e. The Contestant's evidence will be heard.
				Witnesses may be cross-examined by the Contestee. The Hearing Officer, or his
				advisors, may examine witnesses. Contestant's offered exhibits will be marked
				by letters of the alphabet, beginning with "a".
f. The Contestee's evidence will be heard in
				the same manner as allowed Contestant. Contestee's exhibits will be marked with
				numbers, beginning with "1".
g. The
				Hearing Officer, with the assistance of the Attorney General or member of his
				staff, will introduce any evidence required on behalf of the Board or
				Superintendent.
h. The Contestant
				nay offer rebuttal evidence.
i.
				The Board, Superintendent or State Engineer, may in their discretion, allow
				evidence to be offered out of the order as herein prescribed. A witness will be
				permanently excused when all his testimony has been concluded and no good
				reason exists for his remaining in attendance.
j. Closing statements will be made in the
				following sequence:
(1) Contestant.
(2) Contested.
(3) Contestant in rebuttal.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-17 - Witnesses at Hearings to be Sworn

Current through July 13, 2024
All persons testifying at any hearing, before the Board,
				  Superintendent or State Engineer, shall stand and be administered the following
				  oath by the Hearing Officer:
"Do you swear (or affirm) that the testimony you are about to
				  give in the matter now in hearing shall be the truth, the whole truth and
				  nothing but the truth in this hearing now before the (Board, Superintendent,
				  State Engineer)?"
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-18 - Applicable Rules of Civil Procedure to Apply

Current through July 13, 2024
Proceedings before a Hearing Officer shall be conducted in
				  accordance with the rules of practice and procedure contained in the Rules of
				  Civil Procedure of the State of Wyoming, insofar as the same may be applicable
				  and not inconsistent with the laws of the State of Wyoming, including the
				  Administrative Procedure Act (Sections
				  9 - 276.19
				  through
				  9 - 276.33
				  'Laws 1965), Wyoming Statutes 1957), and those pertaining in particular to the
				  State Board of Control, the State Engineer and the Superintendents of the Water
				  Divisions. For the application of such Rules or Civil Procedure, the Deputy
				  State Engineer is designated as the Clerk as in the relationship of a Clerk of
				  Court to a Court.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-19 - Attorneys

Current through July 13, 2024
The filing of a pleading by an attorney constitutes his
				  appearance for the party for whom the pleading is filed. The Board,
				  Superintendent or Stats Engineer must be notified, in writing, of the
				  withdrawal of an attorney from any case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-21 - Taking of Testimony - Reporter

Current through July 13, 2024
Where oral testimony of witnesses is taken in a contested
				  case, before the Board, Superintendent or State Engineer, the testimony will be
				  reported by a competent reporter who shall be satisfactory to the Board,
				  Superintendent or State Engineer, or by other appropriate means. The
				  compensation of such reporter for taking the testimony shall be paid as
				  required by law or as ordered. A transcript of testimony for the record will be
				  furnished, as required by law, to the Board, Superintendent or State
				  Engineer.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-22 - Compensation of Reporters

Current through July 13, 2024
Reporters or stenographers will be allowed such compensation
				  and fees for reporting or transcribing from an electronic device, testimony in
				  contested cases before the Board, Superintendent or State Engineer, as may be
				  lawful and proper.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-23 - Decision, Findings of Fact, Conclusions of Law and Order

Current through July 13, 2024
The State Engineer shall make a written decision and Order
				  containing Findings of Fact and Conclusions of Law, Such decision and Order
				  shall be made of record in the Office of the State Engineer and will, without
				  further action, become the decision and Order in the case on the 15th day
				  thereafter. Forthwith upon receipt, the State Engineer shall send a copy, by
				  prepaid mail, to each party or his attorney.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-24 - Appeals and Reserved Questions to District Court

Current through July 13, 2024
Judicial review by the District Court, from decisions of the
				  State Engineer, are governed by statute, and Rule 72.1 of the Rules of Civil
				  Procedure, as amended and promulgated by the Supreme Court of
				  Wyoming.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 12 - CONTESTED MATTERS › Section 12-25 - Amendment of Rules

Current through July 13, 2024
Any amendments to these rules shall become effective as
				  provided by Sections
				  9 - 276.20
				  through
				  9 - 276.24
				  (Laws 1965), Wyoming Statutes 1957,
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-1 - Constitutional Framework

Current through July 13, 2024
a. The water within
				the boundaries of Wyoming is "declared to be the property of the state" by
				Section
				1, Article
				8 of the Wyoming State Constitution. Section
				2
				establishes the State Board of Control, hereinafter referred to as Board, as
				the governmental body "which shall, under such regulations as may be prescribed
				by law, have the supervision of the waters of the state and of their
				appropriation, distribution and diversion, and of the various officers
				connected therewith." The State Board of Control is to be composed of the State
				Engineer and the superintendents of the state's four water divisions. The
				superintendents are appointed by the Governor based upon the results of
				examinations conducted by the State Engineer.
b. The Constitution also provides at Section
				5, Article
				8, that the State Engineer is to be appointed by the Governor and is to serve
				as President of the State Board of Control. In his or her capacity as State
				Engineer, he or she "shall have general supervision of the waters of the state
				and of the officers connected with its distribution." The ex-officio secretary
				is appointed by the Board (see
				W.S.
				41-4-202 ). Additional administrative
				officers are provided by statute, most notably, the state's water
				commissioners.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-2 - Water Divisions and Districts

Current through July 13, 2024
Boundaries of the four water divisions are defined by
				  W.S.
				  41-3-501. Each division is further subdivided
				  into water commissioner districts by the Board, pursuant to W.S. W.S.
				  W.S.
				  41-3-601. Any one stream system of
				  "practicable administrative scope" is to be included within a single district.
				  Each district is to be supervised by a hydrographer commissioner or water
				  commissioner appointed by the Governor from among persons recommended by the
				  superintendent of the water division in which the district is
				  located.