Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-12 - Change of point of diversion - Surface Water

Current through July 13, 2024
The required contents for a petition for change of point of
				  diversion of surface water are stated in W.S. 41-3-114 (ditch) or 41-3-329 (reservoir). The following information is required:
(a) HEADING - Show ample description and
				identification of the ditch (or reservoir) and appropriation 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 is
				either the sole or partial owner of the ditch or facility for which a change in
				point of diversion is to be requested, give the name of the ditch or facility,
				source of supply, permit number, and priority, and identify any documentary
				evidence of ownership being furnished with the petition.
(ii) ITEM 2 - Identify the original
				appropriator, and give the name of the ditch (or reservoir), the proof number,
				the Order Record Book and page number, the Certificate Record Book and page
				number, and the priority date of all adjudicated appropriations and all permits
				in good standing which utilize the point of diversion which is to be
				changed.
(iii) ITEM 3 - Set forth
				the change that is desired, describing in detail both the original point of
				diversion and the proposed new point of diversion (or new reservoir location).
				Describe the acreage under each appropriation to be changed and give a short
				statement of the necessary physical work to accomplish the proposed change in
				point of diversion.
(iv) ITEM 4 -
				Give reasons why the proposed change is desirable.
(v) ITEM 5 - Indicate whether or not there
				are any intervening diversions between the original and proposed new point of
				diversion (or new reservoir location). If there are intervening diversions,
				identify them and indicate their location by subdivision, section, township and
				range. Show whether or not consents to the proposed change have been obtained
				from the intervening appropriators. Written consents should be obtained and
				submitted along with the petition (a sample consent form is included in
				Appendix A with these Regulations and Instructions). If consents cannot be
				obtained, a hearing must be held. It is the policy of the Board that a change
				in point of diversion will be limited to the amount of water available in
				priority at the original point of diversion.
(vi) ITEM 6 - Identify all intervening
				tributaries or other sources of supply. If there are none, make a simple
				statement to this effect.
(vii)
				ITEM 7 - State whether or not any other appropriator from the same source of
				supply will be injured in any way.
(viii) ITEM 8 - A map is required and must
				show the location of the present point of diversion, the proposed new point of
				diversion, with both locations properly tied to a corner of the public land
				survey. It also should show the location of all intervening points of
				diversion. The location of the new portion of the ditch (or reservoir) also
				should be shown on the map. The map must show the lands irrigated which are
				involved in the change.