reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-9 - Official Notice

Current through July 13, 2024
In any contested case proceedings, the hearing officer or the
				  Board members may take notice of maps, documents, or other papers in the docket
				  file, which have been brought to the attention of the parties. Official notice
				  may also be taken of all information, data, and the material included within
				  the books and records of the State Engineer and the State Board of Control. The
				  Board may also make on-the-ground inspections. If official notice is to be
				  taken of any information, data, or material not previously made available to
				  the parties, or if a field inspection is relied upon, the parties shall be
				  given notice and an opportunity to present rebuttal evidence (see
				  W.S.
				  16-3-108 [d]).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-10 - Discovery Procedures

Current through July 13, 2024
Limited discovery procedures are available to the parties as
				  provided by W.S. 16- 3-107(g) and (h). In advance of a hearing, any party may
				  request that the other parties name their witnesses, state the nature of their
				  intended testimony, or make the witnesses available for deposition. A request
				  also may be made that documents, exhibits, etc., be produced for examination.
				  Discovery and disclosure may be voluntary or as directed by the hearing officer
				  or President of the Board as authorized by law.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-10 - Discovery Procedures

Current through July 13, 2024
Limited discovery procedures are available to the parties as
				  provided by
				  W.S.
				  16-3-107(g) and (h). In
				  advance of a hearing, any party may request that the other parties name their
				  witnesses, state the nature of their intended testimony, or make the witnesses
				  available for deposition. A request also may be made that documents, exhibits,
				  etc., be produced for examination. Discovery and disclosure may be voluntary or
				  as directed by the hearing officer or President of the Board as authorized by
				  law.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-11 - Subpoenas

Current through July 13, 2024
As authorized by W.S. 16-3-107(d), the hearing officer, upon
				  written request of a party, may issue subpoenas to compel the appearance of
				  witnesses or the production of books, papers or other documents relevant or
				  material to the inquiry. Upon authorization by the hearing officer or by the
				  President of the Board, any voting member of the Board, the secretary, and/or
				  adjudication officer may issue subpoenas in contested case proceedings.
				  However, subpoenas are usually prepared by the attorneys for the parties and
				  submitted to the hearing officer for signature.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-11 - Subpoenas

Current through July 13, 2024
As authorized by
				  W.S.
				  16-3-107(d), the hearing
				  officer, upon written request of a party, may issue subpoenas to compel the
				  appearance of witnesses or the production of books, papers or other documents
				  relevant or material to the inquiry. Upon authorization by the hearing officer
				  or by the President of the Board, any voting member of the Board, the
				  secretary, and/or adjudication officer may issue subpoenas in contested case
				  proceedings. However, subpoenas are usually prepared by the attorneys for the
				  parties and submitted to the hearing officer for signature.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-12 - Motions

Current through July 13, 2024
It shall be within the discretion of the hearing officer as
				  to how to dispose of all procedural motions in a contested case. Motions for
				  continuance shall be granted only if good cause is shown. Motions which go to
				  the merits of a case shall be decided only by the full Board.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-13 - Pre-hearing Conference

Current through July 13, 2024
(a) At any time
				prior to the hearing, the hearing officer may direct the parties to consider:
(i) Simplification of the issues;
(ii) The necessity or desirability of
				amending the pleadings;
(iii) The
				possibility of obtaining admissions of fact and stipulations as to expert
				qualifications and authenticity of documents which can avoid unnecessary
				proof;
(iv) Such other matters as
				may aid in the disposition of the case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-13 - Pre-hearing Conference

Current through July 13, 2024
a. At any time
				prior to the hearing, the hearing officer may direct the parties to consider:
(1) Simplification of the issues;
(2) The necessity or desirability of amending
				the pleadings;
(3) The possibility
				of obtaining admissions of fact and stipulations as to expert qualifications
				and authenticity of documents which can avoid unnecessary proof;
(4) Such other matters as may aid in the
				disposition of the case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-14 - Disposition by Stipulation

Current through July 13, 2024
Any contested case may be partially or finally disposed of by
				  stipulation of the parties provided the Board also gives its approval. An
				  appropriate order reflecting the terms of the stipulation will be entered in
				  the Order Record at the conclusion of the proceedings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-15 - Default

Current through July 13, 2024
In a case where a contest has been initiated, or a protest
				  entered, and the party initiating the protest or entering the objection fails
				  to appear at the hearing without good cause, the proceeding may be dismissed. A
				  failure of any party in a contested case to appear at the hearing without good
				  cause may allow the Board to decide all issues adversely against the party not
				  present. In any event, the matter will be brought before the Board at its next
				  regularly scheduled meeting for consideration and appropriate
				  action.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-16 - Full Board Hearing

Current through July 13, 2024
Any matter which must be decided by the State Board of
				  Control may at its discretion be heard by the full Board. A party in a
				  contested case proceedings may make a request for a full Board hearing to the
				  Secretary of the Board or the hearing officer. Any request for a full Board
				  hearing will be communicated to the President of the Board for his or her
				  consideration and decision, which is to be made in consultation with the other
				  Board members. The party or parties requesting a full Board hearing shall make
				  payment to the Secretary of the Board in an amount sufficient to cover all
				  expenses, including travel expenses, for the Board members and necessary
				  staff.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-17 - Hearing Procedure

Current through July 13, 2024
As nearly as may be practicable, contested case hearings
				  shall be conducted as outlined below:
(a) The hearing officer will announce that
				the hearing is called to order and state the case docket number, nature of the
				proceedings, and official title of the action.
(b) The appearance of all parties appearing
				at the hearing will be taken and recorded.
(c) The hearing officer will briefly review
				the allegations in any pleadings, state the position of the parties, and
				describe any evidence which has previously been presented.
(d) All pending motions will be disposed of
				then or later.
(e) Opening
				statements may be made in the following order by each party for the purpose of
				explaining their position and the evidence they intend to offer:
(i) The petitioner for the action involved,
				whether the petitioner be contestant or contestee;
(ii) The party or parties objecting,
				responding or defending, whether they be contestant or contestee;
(iii) Interveners whose appearances have been
				accepted;
(iv) The State Engineer
				or any other Wyoming official or agency representative.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-17 - Hearing Procedure

Current through July 13, 2024
As nearly as may be practicable, contested case hearings
				  shall be conducted as outlined below:
a. The hearing officer will announce that the
				hearing is called to order and state the case docket number, nature of the
				proceedings, and official title of the action.
b. The appearance of all parties appearing at
				the hearing will be taken and recorded.
c. The hearing officer will briefly review
				the allegations in any pleadings, state the position of the parties, and
				describe any evidence which has previously been presented.
d. All pending motions will be disposed of
				then or later.
e. Opening
				statements may be made in the following order by each party for the purpose of
				explaining their position and the evidence they intend to offer:
(1) The petitioner for the action involved,
				whether the petitioner be contestant or contestee;
(2) The party or parties objecting,
				responding or defending, whether they be contestant or contestee;
(3) Interveners whose appearances have been
				accepted;
(4) The State Engineer or
				any other Wyoming official or agency representative.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-18 - Witnesses

Current through July 13, 2024
(a) Any witness
				summoned before the State Board of Control is entitled to receive the same fee
				as if he or she were appearing in a district court of the State of Wyoming.
				Witness fees are to be paid by the party at whose insistence the witness'
				testimony is given. Witness fees are not required for state water officials who
				appear as witnesses in their official capacities.
(b) Any persons who is to testify at a Board
				hearing in a contested case shall stand and be given the following oath or
				something substantially similar by the Hearing Officer:
(i) DO YOU AFFIRM THAT THE TESTIMONY YOU ARE
				ABOUT TO GIVE IN THE MATTER NOW IN HEARING BEFORE THE STATE BOARD OF CONTROL
				SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-18 - Witnesses

Current through July 13, 2024
a. Any witness summoned before the State
				Board of Control is entitled to receive the same fee as if he or she were
				appearing in a district court of the State of Wyoming. Witness fees are to be
				paid by the party at whose insistence the witness' testimony is given. Witness
				fees are not required for state water officials who appear as witnesses in
				their official capacities.
b. Any
				persons who is to testify at a Board hearing in a contested case shall stand
				and be given the following oath or something substantially similar by the
				Hearing Officer:
DO YOU AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THE
				  MATTER NOW IN HEARING BEFORE THE STATE BOARD OF CONTROL SHALL BE THE TRUTH, THE
				  WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-19 - Hearing Record

Current through July 13, 2024
(a) In all
				contested cases heard by the State Board of Control, the oral testimony of
				witnesses shall be recorded by a certified court reporter. Except as may be
				otherwise provided by the statute(s) for the particular petition involved in
				the proceedings, the petitioner shall pay the reporter's fees and any other
				incidental costs of preparing the hearing record.
(b) An original and one copy of a hearing
				transcript shall be provided to the Board's Cheyenne office. The parties to a
				contested case proceedings may purchase additional copies for themselves by
				contacting the reporter.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-19 - Hearing Record

Current through July 13, 2024
a. In all contested
				cases heard by the State Board of Control, the oral testimony of witnesses
				shall be recorded by a certified court reporter. Except as may be otherwise
				provided by the statute (s) for the particular petition involved in the
				proceedings, the petitioner shall pay the reporter's fees and any other
				incidental costs of preparing the hearing record.
b. An original and one copy of a hearing
				transcript shall be provided to the Board's Cheyenne office. The parties to a
				contested case proceedings may purchase additional copies for themselves by
				contacting the reporter.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-20 - Decision

Current through July 13, 2024
(a) In all
				contested cases, the Board's decision shall be based upon the record of the
				proceedings.
(b) After a case has
				been decided by the Board, the Secretary of the Board shall cause to be
				prepared a written decision containing findings of fact, conclusions of law,
				and an order. The final written decision shall be approved by all Board members
				who voted on the matter before it is entered in the Order Record. The Board's
				Order shall become its final administrative action when signed and entered in
				the Order Record. The Secretary of the Board shall cause a copy of the Board's
				decision to be sent to all parties or their attorneys by certified
				mail.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 6 - CONTESTED CASE PROCEDURES › Section 6-20 - Decision

Current through July 13, 2024
a. In all contested cases, the Board's
				decision shall be based upon the record of the proceedings.
b. After a case has been decided by the
				Board, the Secretary of the Board shall cause to be prepared a written decision
				containing findings of fact, conclusions of law, and an order. The final
				written decision shall be approved by all Board members who voted on the matter
				before it is entered in the Order Record. The Board's Order shall become its
				final administrative action when signed and entered in the Order Record. The
				Secretary of the Board shall cause a copy of the Board's decision to be sent to
				all parties or their attorneys by certified mail.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 7 - APPEALS AND DISTRICT COURT CERTIFICATION › Section 7-1 - Judicial Review

Current through July 13, 2024
Any final decision and order of the State Board of Control
				  may be appealed to the district court for the county wherein the original
				  action arose. Judicial review is authorized by
				  W.S.
				  16-3-114, and is governed by the Wyoming
				  Rules of Appellate Procedure as most recently amended by the Supreme Court of
				  Wyoming. An appeal may not be initiated until after the Board's order has been
				  entered in the Order Record.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 7 - APPEALS AND DISTRICT COURT CERTIFICATION › Section 7-2 - Concurrent and Primary Jurisdiction

Current through July 13, 2024
At times the State Board of Control and the district court
				  may have concurrent jurisdiction to hear a matter in controversy. Where a water
				  right matter is involved, the Board's jurisdiction may be primary, or the
				  district court judge may decide that the Board is better qualified to hear the
				  case. When a civil action is filed in the district court but the judge decides
				  that the Board should make the factual determinations, the Board shall hear and
				  decide all matters certified to it by the district court as if the matter had
				  come before the Board in the first instance. If the judge's instructions to the
				  Board so require, the Board's decision shall be re-certified back to the
				  district court for its review. If the instructions do not require the Board to
				  make a report, judicial review of the Board's decision is authorized under
				  W.S.
				  16-3-114.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 7 - APPEALS AND DISTRICT COURT CERTIFICATION › Section 7-3 - Certification to the District Court

Current through July 13, 2024
Upon an affirmative vote of the Board, it may certify a
				  question to the district court to resolve a matter which is outside of the
				  Board's jurisdiction, but which must be resolved in order for the Board to make
				  a decision regarding a petition or other proper business. A question to be
				  certified to the district court shall be signed or attested to by the Secretary
				  of the Board over the Seal of the Board.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-1 - Authority and Composition

Current through July 13, 2024
This Board was created by S 2, Ch. 131, Session Laws of
				  Wyoming 1951 (S 9-268, Wyo. Stat. 1957), which states:
"There is hereby created a Board, to be known as the State
				  Weather Modification Board. The members of the Board shall consist of the State
				  Engineer, the Commissioner of Agriculture, and the President of the University
				  of Wyoming or their designated representatives. . . ."
It is declared that the State of Wyoming claims its sovereign
				  right to the use for its residents and best interests, the moisture contained
				  in the clouds and atmosphere within its State boundaries. Also, it is declared
				  that research and experimentation in artificial weather modification shall be
				  encouraged. (S 9-267, Wyo. Stat. 1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-2 - Compensation

Current through July 13, 2024
The members shall serve on the Board without pay but shall
				  be entitled to charge actual expenses incurred therewith to the department by
				  which they are primarily employed. (S 9-268, Wyo. Stat.
				  1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-3 - Function

Current through July 13, 2024
The primary function of the Board is to procure, compile,
				  and evaluate information relative to weather modification experiments and
				  activities within the State boundaries and to recommend issuance of permits by
				  the State Engineer for any weather modification activities. The term "weather
				  modification" means changing, or controlling, any of the weather phenomena by
				  chemical, mechanical, or physical methods. (9 9-269, Wyo. Stat.
				  1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-4 - Officers

Current through July 13, 2024
In accordance with the Bylaws adopted by the Board, the
				  officers of the Board shall consist of a Chairman and a Secretary. The Chairman
				  shall be elected at the first meeting held each year and shall be one of the
				  Board members. The Secretary need not be a member of the Board, and shall be
				  elected at the first meeting held each year. The Chairman and the Secretary
				  shall hold office for one (1) year or until a successor is
				  elected.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-5 - Meetings and Quorum

Current through July 13, 2024
Meetings of the Board shall be held at such times and
				  places, as in the judgment of the Chairman, appear necessary and no specific
				  date shall be established for such meetings. Two (2) members shall constitute a
				  quorum.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 1 - ORGANIZATION › Section 1-7 - Funds

Current through July 13, 2024
Fees received by the Board for permits shall be used by the
				  Board for necessary administrative expenses and shall be deposited in the
				  "State Weather Modification Board Fund" in the State Treasurer's office, and
				  expended on vouchers signed by the Chairman, and approved by at least one (1)
				  other member of the Board.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-1 - Weather& Modification Operations

Current through July 13, 2024
Weather modification operations shall be conducted in the
				  case of individuals holding permit only under the direct and actual supervision
				  of the person holding such permit, and in case of a corporation, a partnership,
				  institution, association, or governmental agency, shall be conducted only under
				  the actual and personal supervision of a person or- persons designated by such
				  corporation, partnership, or association, submitted to the Board and by such
				  Board approved; provided such person or persons can demonstrate to the Board's
				  satisfaction that he has or they have adequate qualifications in the
				  atmospheric sciences. (Amended
W-25
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-2 - Permit Required

Current through July 13, 2024
It shall be unlawful for anyone to engage in weather
				  modification activities except under and in accordance with a permit issued by
				  the State, Engineer. The State Engineer may issue such permit only upon the
				  recommendation of the Weather Modification Board, and in such form as
				  prescribed by the Board. (5 9-270, Wyo. Stat. 1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-3 - Permits-to Conduct-Weather-Modification Experiments or Activities

Current through July 13, 2024
A permit shall be issued for. each experiment or activity
				  within a specific period of time, and shall be revocable by the State Engineer
				  upon recommendation of the Board, in accordance with such procedures as the
				  Board shall establish.- (S 9-271, Wyo.-Stat., 1957, as amended by S 1, C..104,
				  S.,L. of Wo..1.971.) (Amended,
MAY
2 3 1971
a. A fee of Twenty-Five Dollars ($25.00)
				shall be charged for each permit, or renewal thereof, so, issued. (S 9-2 '
				71,,Wyo. Stat. 1957, as amended by S 1, C..104.-.S. L. of Wyo. 1971.)
				(Amended..
b. A permit shall be
				issued only to a person or persons who can demonstrate to the Board's
				satisfaction, that he has or they have adequate qualifications in the
				atmospheric sciences, pursuant to 5 9-271, Wyoming Statutes 1957, as amended by
				S 1, Chapter, 104, Session Laws of Wyoming 1971. (Amended
MAY
2
(5), 1971
c. Said permit will be issued for a 1-year
				period, extending from October 1 of one (1) year to September 30 of the
				following year. All permit' s shall terminate on September 30. The granting of
				a-permit shall not guarantee the holder thereof any right of-renewal
				whatsoever.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-4 - Rules Governing Permits

Current through July 13, 2024
A permit shall be issued for each experiment or activity
				  specifying a definite period of time within which such experiment or activity
				  may be conducted and a definite area of terrain over which the experiment or
				  activity may extend. Such permit must contain the following:
a. A requirement that the applicant will
				notify the Board of commencement of each separate activity or operation, and
				that progress reports in writing shall be made to the Board every thirty (30)
				days during the period of the experiment if in the opinion of the Board, it
				appears necessary, or advisable.
b.
				A complete report in writing covering the whole of every experiment shall be
				filed with the Board within thirty (30)days after the experiment or activity is
				completed.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-6 - Corporation and Partnerships

Current through July 13, 2024
a. Articles of
				Incorporation for out-of-state corporations must be filed with the Secretary of
				State's Office, and evidence of iddh"filings must accompany the application for
				permit filed with the Board.
b. A
				copy of a resolution signed by all officers, of a corporation or partnership
				must accompany the application for permit., I giving the member or members of
				the firm who can demonstrate to the Board's satisfaction that he has or they
				have adequate qualifications in the atmospheric sciences, power of attorney to
				act for said corporation c partnership', and indicating that s . aid
				-corporation or partnership agrees to assume full responsibility for this
				individual or individuals as their designated agent or agents. (Amended
MAY 2 3 1971
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-7 - Responsibility and Liability

Current through July 13, 2024
All applicants, except for institutions or governmental
				  agencies, shall furnish the following evidence of responsibility and liability
				  either at the time their application is submitted or before a permit is
				  issued:
a. Evidence to adequate
				liability insurance will be furnished prior to the time a permit is issued. The
				minimum of liability coverage required will be Three Hundred.Thousand Dollars
				($300,000.00). 'The Board may require more than, Three Hundred Thousand Dollars
				($300,000.00) of liability coverage if the circumstances indicate desirability
				of additional coverage.
b. A
				certified copy of a Performance Bond, the amount of which shall be equal to or
				greater than the contract price for the weather modification activities, is to
				be furnished prior to the time a permit is issued.
c. The application for permit and the permit
				shall contain a statement holding the Board, the State of Wyoming and any State
				officers, officials, and employees harmless from any liability. (S 9-276, Wyo.
				Stat. 1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-8 - Fees

Current through July 13, 2024
A fee of Twenty-Five Dollars ($25-00) shall be charged for
				  each permit, or renewal thereof, so issued.(S 9-2 71, Wyo. Stat. 1957, as
				  amended by S 1, Ch. 104, S. L. of Wyo. 1971.)
(See also Chapter I, Section
				  7 - Funds.)
				  (Amended
MAY2 3 1971
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-9 - Authority to Receive and Accept Funds

Current through July 13, 2024
The Board is authorized to receive and accept for and in
				  behalf of the State, any and all funds which may be offered or become available
				  from federal grants or appropriations, private gifts, donations or bequests, or
				  any other source, and to expend such funds for the expenses of administering
				  this Act [SS 9-267 to 9-276], and for the encouragement of experimentation in
				  weather modification by the University of Wyoming, or any other appropriate
				  State or public agency, either by direct grant, by contract, or other
				  cooperative means. (S 9-275, Wyo. Stat. 1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-10 - Failure to Obtain Permit, Penal@Z

Current through July 13, 2024
Any person, persons, corporation, institution, or group
				  engaging in a weather modification experiment without a permit shall be guilty
				  of a felony, and upon conviction, subject to a fine not to exceed One Thousand
				  Dollars ($1,000.00) or by imprisonment in the penitentiary for not less than
				  one (1) nor more than five (5) years. (S 9-274, Wyo. Stat.
				  1957.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0008 - Weather Modification Board › Chapter 2 - POWERS AND DUTIES › Section 2-11 - Amendment of Rules

Current through July 13, 2024
Any amendments to these Rules shall become effective as
				  provided by SS 9-276.21 and 9-276.22, Wyo. Stat. 1957, as enacted by SS 3 and
				  4, Ch. 108, S. L. of Wyo. 1965.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 1 - PURPOSE › Section 1-2 - Authority

Current through July 13, 2024
(a) The State Engineer has the authority to
				establish standards for the construction of wells. Pursuant to W.S. §
									
										41-3-909(a)(vi) and the
				Wyoming Administrative Procedures Act; the State Engineer hereby adopts the
				following Water Well Minimum Construction Standards. Every well constructed
				after the adoption of these standards must be in compliance with these
				standards. Deviations from these standards must be approved by the State
				Engineer.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 3 - WELL CONSTRUCTION › Section 3-1 - Water Well Siting

Current through July 13, 2024
(a) General
				Considerations.
(i) All wells shall be sited
				and constructed in such a manner that the well does not act as a conduit for
				the transmission of contaminants from either above or below ground to the
				ground water resource. All restriction and setback distances contained in this
				section are intended for production wells and do not necessarily apply (but
				does not constitute exemption) to choice of location for monitor wells, test
				wells, dewatering wells, recovery wells, or oil and/or gas wells which produce
				by-product water.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 3 - WELL CONSTRUCTION › Section 3-3 - Water Well Equipping

Current through July 13, 2024
(a) All new and old
				wells (including hand-dug) shall be capped or sealed so that they do not
				present a hazard and to prevent the unintended entry of contaminant matter,
				surface water, animals, or foreign objects, by utilizing either a welded plate
				or a sanitary well cap. All vents installed in the well casing shall open
				downward and be screened to prevent the entrance of foreign material. Wells
				shall be equipped with a minimum V2-inch diameter access port for water level
				and drawdown measurement (unless a flowing well).
(b) Pitless Adapters.
(i) Pitless adapters must be designed and
				constructed to be water tight and to prevent contamination of the ground water
				resource and any potable water. Pitless adapters must be compatible with the
				casing material. The driller or pump installer shall ensure that the pump and
				column weight do not exceed the casing strength.
(ii) Where a pitless adapter is to be
				installed, the grout seal must extend from the pitless unit to at least 20-feet
				below the ground surface (or to useable water below ground surface). The area
				around the pitless unit and surface string may be filled with bentonite or
				clean earth to grade level.
(iii)
				The components of a pitless adapter must allow sufficient clearance for the
				insertion and removal of the down-hole pumping assembly.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 4 - WELL COMPLETION AND MAINTENANCE › Section 4-1 - Disinfection

Current through July 13, 2024
(a) Each person who repairs, modifies, works
				on, or otherwise affects the physical components of a well shall clean and
				disinfect the pump, electrical wiring and controls, drop pipe, and all other
				equipment each and every time the pump, electrical wiring and controls, drop
				pipe, and other equipment is placed into the well. In addition, each person (or
				crew) who performs the above tasks shall maintain at all times on every well
				site, adequate chlorine compounds to disinfect the well in accordance with the
				table found in Appendix A.
(b) The
				well driller shall:
(i) Clean all casing,
				tools, drilling equipment, and materials prior to beginning the drilling and
				construction of every well.
(ii)
				Clean all pumping equipment and well construction materials (including sand or
				gravel used in an artificial filter-packed well) before placing them in the
				well or borehole.
(iii) Ensure that
				only potable water is used for drilling and for mixing of sealing
				material.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 4 - WELL COMPLETION AND MAINTENANCE › Section 4-2 - Spring Developments

Current through July 13, 2024
(a) "W.S. §
									
										41-3-902.
Spring waters; perfection of
				right to use; limitation.
All springs and spring waters where the yield
				does not exceed twenty-five (25) gallons per minute and where the use is for
				domestic or stock purposes only, shall be considered as groundwater. Perfection
				of the right to use spring water up to twenty-five (25) gallons per minute for
				domestic and stock use shall be made in accordance with the laws pertaining to
				groundwater"
(b) Developed spring
				flow that is 25 gallons per minute or less and is utilized for stock and/or
				domestic use is to be permitted with the State Engineer underground water
				permitting procedures. Developed spring flow in excess of 25 gallons per
				minute, or for uses other than domestic or stock watering, must be permitted
				under State Engineer's Office surface water permitting procedures. For the
				purposes of water right permitting, springs or seeps shall be improved or
				perfected by some artificial means of collection and/or conveyance. Springs
				with no artificial means of collection and/or conveyance cannot be claimed nor
				permitted under State of Wyoming water laws. Accepted means of spring
				development can range from simple piping to an impoundment, to spring box
				collection and associated delivery systems. If the spring is a domestic source
				of drinking water, setback allowances from contaminant sources should be
				employed the same as for well siting and protection for entrance of animals or
				other foreign material shall be provided.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 4 - WELL COMPLETION AND MAINTENANCE › Section 4-3 - Water Well Rehabilitation

Current through July 13, 2024
(a) When a water
				well is to be rehabilitated to increase efficiency, all equipment used shall be
				clean and as sterile as possible to prevent well to well or well to aquifer
				cross-contamination. All chemical or biological agents to be introduced into a
				well shall meet ASTM, API, NSF and/or AWWA standards approved for the
				application of well rehabilitation. Physical rehabilitation of the well
				including jetting, scrubbing, bailing, etc. shall be performed in a manner that
				does not compromise the integrity of the well casing materials, filter pack,
				and grout materials. When acidizing or flocculating agents are pumped or
				removed from a well, it may be necessary to obtain clearance from the Wyoming
				Department of Environmental Quality - Water Quality Division (WDEQ-WQD) for the
				surface discharge of these agents.
(b) If, in the repair of a well, the old
				casing is withdrawn, the well shall be recased in conformance with these
				rules.
(c) If a liner is installed
				to prevent leakage of undesirable water into a well, the annular space between
				the casing and liner shall be completely sealed by packers, casing swedging,
				pressure grouting, or other methods which will prevent the movement of water
				between the casing and liner.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 4 - WELL COMPLETION AND MAINTENANCE › Section 4-5 - Water Quality

Current through July 13, 2024
(a) The State
				Engineer recommends that a water quality sample be collected after well
				construction and aquifer testing is complete. The sample should be collected in
				an acceptable manner and container and submitted to a qualified laboratory for
				chemical and/or biological analysis. Additionally, the State Engineer
				recommends that water quality samples be collected and analyzed at periodic
				intervals during the life of the well for both chemical constituents and
				biological materials.
(b) If the
				water well is to be developed for human consumption serving fifteen (15) or
				more service connections, or twenty-five (25) or more persons, for sixty (60)
				days or more a year, regulations developed under the Federal Safe Drinking
				Water Act apply. Specific requirements of the Act are available from the Water
				Supply Section Region VIII, U.S. Environmental Protection Agency, 1595 Wynkoop
				St, Denver, CO 80202.
The provisions of Chapters 3, 11 and 12 of the Wyoming Water
				  Quality Rules and Regulations also apply. You are advised that plans and
				  specifications covering the proposed construction, installation, or
				  modification of any public water supply system designed for this purpose are
				  required to be submitted to and a permit to construct obtained prior to the
				  start of construction from, the WDEQ-WQD, Herschler Building -4W, Cheyenne, WY
				  82002; phone number:307-777-7781.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0009 - Water Well Minimum Construction Standards › Chapter 5 - APPENDICES › Appendix A - DISINFECTION TABLE*

Current through July 13, 2024
(PRODUCES A 100 mg/1 SOLUTION PER 10 FEET OF CASING
				  LENGTH)
NOMINAL CASING OR BOREHOLE
							 DIAMETER
GALLONS OF WATER PER 10 FEET OF
							 CASING
6% Chlorine HOC1
Clorox, Purex, Sno-White, White Magic, etc. (Sodium
							 Hypochlorite)
10% Chlorine
HOC1 Liquid Bleach (Sodium Hypochlorite)
70% Chlorine HOC1
"High Test"
(Calcium Hypochlorite)
1
00% Chlorine
							 Cl
2
(inches)
(gal/lOft.)
fluid oz.
fluid oz.
dry oz.
fluid oz
4
6.5
1.7
0.9
0.1
0.1
5
10.2
2.6
1.4
0.2
0.1
6
15.0
3.8
2.0
0.3
0.2
8
26.0
6.6
3.5
0.5
0.35
10
40.8
10.4
5.4
0.8
0.5
12
58.7
14.9
7.8
1.1
0.8
16
104.4
26.5
13.9
2.0
1.4
20
163.2
40.8
21.2
3.3
2.2
24
235.0
59.7
30.6
4.5
3.1
36
528.7
132.2
68.7
10.6
7.1
48
940.0
235.0
122.2
18.8
12.5
For 50 mg/1 solution, divide values by 2; for 200 mg/1
				  solution, multiply values by 2.
U.S. liquid measure - 1 gal = 4 qt = 8 pt = 128 fl oz
U.S. dry weight measure - 16 oz = 1 lb
*Modified from National Ground Water Association, Manual of
				  Water Well Construction Practices and State of Missouri Well Construction
				  Rules
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-1 - Authority

Current through July 13, 2024
These Department of Enterprise Technology Services
				  (ETS
)
rules are promulgated in accordance with W.S.
				  §
									
										9-2-2501  (Lexis-Nexis 2005),
				  W.S.
				  W.S. 40-21-101  to 119 (Lexis-Nexis 2005).
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-2 - Purpose

Current through July 13, 2024
Information in all its forms is a valued asset to the State
				  of Wyoming (State). Public information should be available to our citizens and
				  to State government. Disclosure restrictions required by Wyoming law must be
				  observed regardless of the media or characteristics of the record or
				  transaction. The value of public information can be maximized through
				  consistent delivery to and expanded use by the citizens of Wyoming and State
				  government. To ensure continued confidence in and reliance on State agencies
				  and the information they collect and maintain; State agencies must protect the
				  privacy of citizens and ensure the integrity of State information in all
				  forms.
The purpose of these rules is to:
(i) Facilitate electronic filing, acceptance,
				preservation, maintenance, and availability, and confidentiality of documents
				with State of Wyoming (State) agencies; and
(ii) Promote efficient delivery of services
				from State agencies by means of reliable electronic records.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-3 - Definitions

Current through July 13, 2024
In addition to the definitions in W.S. §
									
										40-21-102, the following definitions
				  apply:
(a) "Readable" means the
				quality of a group of letters, numbers or symbols is recognized as words,
				complete numbers or distinct symbols with a specific meaning.
(b) "Reliable" means the electronic record
				copy produced correctly reflects the initial record each time the system is
				requested to produce that record copy.
(c) "Structure" means the appearance or
				arrangement of the information in the record. "Structure" can include, but is
				not limited to, such elements as heading, body and form.
(d) "Digital Signature" means? the result of
				cryptographic transformation of data that, when properly implemented, provides
				a mechanism for verifying origin authentication, data integrity and signatory
				non-repudiation.
(e) "Availability"
				means assurance that the systems responsible for delivering, storing, and
				processing information are accessible when needed, by those who need
				them.
(f) "Confidentiality" means
				assurance that the information is shared only among authorized persons or
				organizations.
(g) "Integrity"
				means assurance that the information is authentic and complete. Ensuring that
				information can be relied upon to be sufficiently accurate for its
				purpose.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-4 - Coverage

Current through July 13, 2024
These rules shall apply to any authority, bureau, board,
				  commission, department, division, institution or officer of the State, except
				  the State legislature and the judiciary. Except as otherwise provided in W.S.
				  §
									
										40-21-112(f), these rules do
				  not require an agency of this State to use or permit the use of electronic
				  records or electronic signatures. Nothing in these rules shall preclude a State
				  agency from specifying additional requirements for items that are under the
				  jurisdiction of such agency.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-5 - Interpretation

Current through July 13, 2024
The ETS shall be solely responsible for providing official
				  interpretations of these rules when questions arise regarding the application
				  of these rules to specific situations, procedures or policies; or upon the
				  request of an agency head.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-6 - Enforcement

Current through July 13, 2024
(a) ETS
				Responsibility.
(i) The ETS shall ensure that
				these rules are enforced, and that the provisions of these rules are applied
				uniformly and fairly throughout the Executive Branch.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-7 - Policies

Current through July 13, 2024
The ETS may issue written policy statements relating to the
				  interpretation or application of these rules, procedures for the administration
				  of electronic government functions and to other matters, which it may consider
				  necessary for proper procedure. Agency heads shall ensure dissemination of, and
				  compliance with, such policy statements.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 1 - ELECTRONIC TRANSACTIONS GENERAL PROVISIONS › Section 1-8 - Severability

Current through July 13, 2024
If any provision of these rules or its application to any
				  person or circumstance is held invalid or in conflict with any other provision
				  of these rules, the invalidity shall not affect other provisions or
				  applications of these rules which can be given effect without the invalid
				  provision or application, and to this end the provisions of these rules are
				  severable.
Wyoming Administrative Code › Agency 077 - Enterprise Technology Services › Sub-Agency 0001 - Director's Office › Chapter 3 - ELECTRONIC TRANSACTIONS SECURITY › Section 3-1 - Secure Electronic Procedures and Records

Current through July 13, 2024
(a) An electronic
				record can be considered secure from a specified point in time to the point of
				verification if it can be shown that the record has not been altered during
				that time.
(b) Security procedures
				shall be:
(i) Commercially reasonable under
				the circumstances;
(ii) Applied in
				a trustworthy manner;
(iii)
				Reasonably and in good faith relied upon by the party utilizing the
				procedure;
(iv) Capable of
				providing reliable evidence that an electronic record has not been altered;
				and
(v) Consistent with the risks
				and consequences associated with the compromise of the information or
				transaction.