reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-3 - Lines of Authority

Current through July 13, 2024
W.S. 41-3-603 provides that when
				  called upon each hydrographer commissioner or water commissioner shall "divide,
				  regulate and control the use of water of all streams within his district"
				  according to the priority of lawfully established water rights. Actions of the
				  various hydrographer commissioners or water commissioners may be appealed by
				  injured persons to the division superintendents, whose decision may be appealed
				  to the State Engineer. The decision of the State Engineer concerning an action
				  or failure to act on the part of a hydrographer commissioner or water
				  commissioner is a final administrative decision which may be appealed to the
				  district court. In carrying out their duties, hydrographer commissioners or
				  water commissioners and their assistants have the power to arrest offending
				  persons.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-5 - Ground Water

Current through July 13, 2024
a.W.S.
				41-3-901 through
				41-3-938 constitute a
				comprehensive ground water code. Although the use of ground water is not
				administered in exactly the same manner as is the use of surface water, a
				permit system is in effect in Wyoming. Prior to commencement of construction of
				a ground water development, a permit to appropriate ground water must be
				obtained from the State Engineer. Upon completion of construction and
				application of the water to beneficial use, and submission of proper documents,
				a proof is presented to the State Board of Control for adjudication. The
				statutes give authority to the State Engineer to resolve disputes involving
				interference between ground water appropriations or between surface water and
				ground water appropriations. For a detailed explanation of the procedures to be
				followed, see the Regulations and Instructions of the State Engineer's
				Office.
b. The statutes also
				provide procedures whereby a "ground water control area" may be designated by
				the State Board of Control upon the recommendation of the State Engineer after
				the Board holds a public hearing. After the boundaries of a newly designated
				control area are geographically and stratigraphically determined, all
				previously unadjudicated ground water rights (excepting stock, test wells or
				domestic ground water rights) within the control area are adjudicated. The
				State Engineer works with an advisory board, which is elected from within the
				control area. W.S. W.S.
				W.S.
				41-3-915 provides that the appropriators in a
				control area "may agree to any method or scheme of control of withdrawals, well
				spacing, apportionment, rotation or proration of the common supply of
				underground water," and same may be instituted if ordered by the State
				Engineer.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-6 - Administrative Regulation

Current through July 13, 2024
Any person with a water right in a stream system may in
				  writing, request the hydrographer commissioner or water commissioner to
				  regulate the source of supply for his or her benefit. If regulated during
				  periods of decreased natural supply, the priority of the appropriations will be
				  observed as nearly as practical and the headgates for the junior-most
				  appropriations may be adjusted in order to satisfy senior appropriations. The
				  request shall be made in writing on a form provided by the State Board of
				  Control (see Appendix A of these Regulations and Instructions for a sample).
				  Upon approving a proper request for regulation, the hydrographer commissioner
				  or water commissioner will act to limit each water right in accordance with the
				  priority and amounts recorded in the official records of the state. Both direct
				  flow and the filling of storage rights are regulated in the same priority
				  manner. The regulation of ground water appropriations generally follows
				  priority regulation except for ground water appropriations located within
				  control areas.
				  W.S.
				  41-4-208 requires the Board to publish a
				  tabulation of adjudicated water rights to facilitate regulation. Where special
				  provisions for administration of water rights arise by judicial decree, such
				  rights shall be administered in accordance with applicable
				  laws.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-7 - Reservoir Storage

Current through July 13, 2024
a. A reservoir is
				entitled to be filled in order of priority once each year if water is
				available. The water year is defined as from October 1 through September 30 of
				the following year. If water remains unused in the reservoir at the end of the
				water year, this water is termed "carry-over storage" and is counted toward
				providing the water to meet the following year's supply for the appropriation.
				For example, if a reservoir which has a right to store one thousand acre-feet
				has two hundred acre-feet remaining in storage which is carried over into the
				following year, then this appropriation would be entitled to again accrue only
				the remaining appropriated capacity (800 a.f.) as the storage right comes into
				priority on the permitted source of supply.
b. In order to conserve the waters of the
				state, it is a necessary requirement that all reservoirs be filled at times
				that will not interfere with or that will provide the least interference with
				the use of water by direct flow appropriators and thereby prevent a waste of
				water. W.S. 41-3-603 provides authority
				to the hydrographer commissioner or water commissioner to control reservoir
				filling and reads in part as follows:
Such water commissioner shall have authority to require the
				  filling of any reservoir whenever practical and water is available for storage
				  from the stream or streams for which the appropriations for such reservoir are
				  established.
All water which is allowed to flow past the reservoir
				  diversion point after receipt of a notice or order to store from the
				  hydrographer commissioner or water commissioner will be chargeable to the
				  storage in the reservoir and the right to store may be reduced by that
				  amount.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-8 - Storage of Direct Flow Rights

Current through July 13, 2024
W.S. 41-3-305 provides that the
				  holder or owner of an adjudicated water right to use the direct flow of a
				  surface stream may store the water "so long as no other Wyoming appropriator or
				  user is injured or affected thereby." A request to store a direct flow right
				  must be made in writing to the State Engineer. Approval must be given by the
				  State Board of Control before the direct flow may be diverted into storage
				  under authority of this statute. Consideration of a request to store direct
				  flow is generally a complex matter, which requires the availability of detailed
				  information. Since no injury to other appropriators can occur, the storage is
				  limited to the historic consumptive use, and is restricted to the same place of
				  use. The details concerning the storage of direct flow rights are set out in
				  the Regulations and Instructions of the State Engineer's
				  Office.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-9 - Rotation of Water Use

Current through July 13, 2024
a.W.S.
				41-3-612 allows that water uses may be
				rotated with the approval of the hydrographer commissioner or water
				commissioner. The purpose of this statute is to bring about a more economic and
				efficient use of water. Rotation is accomplished in accordance with the
				specific rules set out in Chapter V, Section
				23 of
				these regulations. The usual practice is to divert the collective supply
				available in priority to the appropriations to be rotated for irrigating the
				lands under each appropriation more quickly and efficiently. After the first
				irrigation, the diversion is closed down and the collective supply is used for
				the irrigation of the lands under another appropriation, etc. The rotation must
				be accomplished in such a way that there is no injury to other appropriators
				from the same source of supply. This is done by establishing a definite
				rotation period for irrigation of the land under each appropriation based on
				the number of acres irrigated by each appropriation plus an adjustment in time
				of irrigation to account for the differences in return flow patterns from the
				irrigation for each appropriation.
b. For example, assume that land under two
				appropriations to be rotated have the same general cropping pattern, soil
				characteristics, slope of land, etc., and therefore have similar return flow
				patterns, and that each appropriation is for one cubic foot per second for
				irrigation of 70 acres. Further assume that the one 70 acre tract can be
				irrigated in five days with the collective supply from both appropriations. The
				total supply of two cubic feet per second would be applied to the one 70 acre
				tract for a five day period and would then be shut off from these lands and be
				diverted at the same rate to the other 70 acre tract for another five day
				period.
c. If we assume the same
				general conditions are present except that the two appropriations are for 70
				acres and for 140 acres, then water would be allowed for diversion on the
				larger tract for twice as long as for the smaller tract.
d. The above examples are over-simplified for
				most situations, but are intended to give a general idea of how rotation of
				water use operates.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-10 - Supplemental Supply Rights

Current through July 13, 2024
The appropriation of water as supplemental supply is defined
				  in detail by
				  W.S.
				  41-3-113. In general, it involves the
				  appropriation of direct flow water from another surface water source to augment
				  or supplement the available water for an existing appropriation for which the
				  original source of supply does not provide a full supply. The amount of water,
				  which may be diverted is the amount available, in priority, to bring the total
				  water diverted from all surface water sources up to the original appropriated
				  amount.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-11 - Surplus Water

Current through July 13, 2024
Whenever the supply of water in a stream exceeds the total
				  amount required to satisfy all existing appropriations established on or before
				  March 1, 1945, the stream is said to be in a surplus flow condition.
When surplus flows are available during the water year, they
				  are divided proportionally among the irrigation water rights holders with
				  priorities on or before March 1, 1945, up to an additional one c.f.s. for each
				  70 acres irrigated. Rights with priorities later than March 1, 1945, may be
				  regulated to meet the demands for surplus water made by the owners of water
				  rights with priorities earlier than or equal to March 1, 1945 (see
				  W.S.
				  41-4-317 through W.S. W.S.
				  W.S.
				  41-4-324 ) . Surplus water only applies to
				  irrigation water rights that are based on the statutory diversion rate of 1
				  c.f.s. per 70 acres, and not to volumetric awards made in acre-feet per
				  acre.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-12 - Excess Water

Current through July 13, 2024
Whenever the supply of water in a stream exceeds the amount
				  required to satisfy all existing appropriations established on or before March
				  1, 1985, the stream is said to be in an excess flow condition. When excess
				  flows are available during the water year, they may be beneficially used by
				  irrigation water rights holders with priorities dating from March 2, 1945
				  through March 1, 1985, up to an additional one c.f.s. for each 70 acres
				  irrigated (see
				  W.S.
				  41-4-329 through W.S. W.S.
				  W.S.
				  41-4-331 ). Excess water only applies to
				  irrigation water rights that are based on the statutory diversion rate of 1
				  c.f.s. per 70 acres, and not to volumetric awards made in acre-feet per
				  acre.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-13 - Temporary Use of Water

Current through July 13, 2024
Permission for temporary use of water for such purposes as
				  road construction, well drilling, and other purposes may be obtained from the
				  State Engineer through the procedures set out in the State Engineer's
				  Regulations and Instructions. Also outlined in the State Engineer's Regulations
				  and Instructions, is the procedure to be followed for changing a water use to a
				  different type of use on a temporary basis. However, when an existing right is
				  temporarily changed, the new use can have a marked affect on the return flow to
				  the stream as compared to the return flow resulting from the historic use. For
				  this reason, the hydrographer commissioner or water commissioner must assess
				  the change in return flow, as well as other effects on the stream resulting
				  from the temporary use. He or she must then make adjustments in the amount of
				  water remaining for diversion to insure that there is no adverse affect on
				  other appropriators from the same source of supply.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-15 - Diversion and Conveyance Changes

Current through July 13, 2024
a. Pursuant to
				W.S.
				41-3-114, the State Board of Control may
				consider and grant a petition to change a point of diversion or a petition to
				change a point of diversion and/or means of conveyance for an adjudicated water
				right provided that the petitioner can demonstrate that no other appropriator
				will be injured by the change. When a change of point of diversion is approved,
				the water right at the new location cannot exceed the amount of water available
				at the original point of diversion and may be restricted to a lesser amount if
				return flow or other factors so indicate.
(1)
				If a permit is involved rather than an adjudicated water right, the petition
				for change of point of diversion or change of point of diversion and/or means
				of conveyance is directed to the State Engineer.
(2) Prior to 1965, there was no statutory
				requirement for recording a change of point of diversion and means of
				conveyance. Such changes could have been made as a matter of right as long as
				no injury to other appropriators occurred. Changes made prior to 1965 to the
				point of diversion and means of conveyance can be recorded with the Board by
				submittal of a petition if the following conditions are met:
(a) There must be proof that 1. The change
				occurred prior to 1965, so that it is clear that this action is to correct the
				records to reflect the situation as it has existed and been operated on the
				ground since that time; 2. No injury has occurred to other
				appropriators;
(b) The new point of
				diversion must have a current and accurate legal survey tie, to a known corner
				of the public land survey, on file in the State Engineer's Office;
(c) The entire appropriation must have been
				changed and is now being sought for recordation, or the portion changed must
				include the full acreage covered in the quarter-quarters. If only a portion of
				a water right within a given quarter-quarter is served by the new point of
				diversion, this subsection does not apply;
(d) The appropriation must have been diverted
				at least once in the last five years when water was available through the
				non-recorded pre-1965 point of diversion and means of conveyance.
A sample format for a petition to facilitate the described
				  change of point of diversion and means of conveyance is found in Appendix A of
				  these Regulations and Instructions.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-16 - Change of Location of a Well

Current through July 13, 2024
Pursuant to
				  W.S.
				  41-3-917, the Board may consider and grant a
				  petition to change the location of all ground water rights provided the
				  petitioner can demonstrate that no other appropriator will be injured by the
				  change. A change of location of a well may be allowed only for the amount of
				  water the well is actually capable of producing, but not in excess of the
				  adjudicated or demonstrated amount of use during the past five years, whichever
				  is less.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-17 - Water Rights Transfers

Current through July 13, 2024
a. Changes of place
				of use are authorized by
				W.S.
				41-3-104. This type of petition is filed when
				lands with attached adjudicated water rights which, for example, have become
				seeped or otherwise unfit for production of crops by irrigation, and it is the
				desire to change the land description by excluding these lands and substituting
				other suitable lands of equal or less area. This type of petition is also used
				to redescribe appropriations to reflect on the record the actual situation on
				the ground.
b. Changes of use are
				authorized by W.S. W.S.
				W.S.
				41-3-104. A change of use may be allowed
				"provided that the quantity of water transferred by the granting of the
				petition shall not exceed the amount of water historically diverted under the
				existing use, nor exceed the historic rate of diversion under the existing use,
				nor increase the historic amount consumptively used under the existing use, nor
				decrease the historic amount of return flow, nor in any manner injure other
				existing lawful appropriators." In considering a proposed change of use, the
				Board must quantify the rights proposed for change of use based upon actual
				diversion or pumping records or otherwise reliable information. The Board also
				examines the economic losses and benefits of the proposed change of use and
				inquires into "whether other sources of water are available for the new
				use".
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-18 - Abandonments

Current through July 13, 2024
Pursuant to
				  W.S.
				  41-3-401, an owner of a water right may
				  deliberately relinquish an adjudicated water right or seek involuntary
				  abandonment of a water right owned by another appropriator by a petition to the
				  Board. A petition for involuntary abandonment may be brought before the Board
				  by any appropriator whose water right may be benefited by a declaration of
				  abandonment of an existing water right or whose water right might be injured by
				  the reactivation of an unused water right.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-19 - Preferred Uses

Current through July 13, 2024
a. Certain uses of
				water including municipal, stock and domestic uses are defined by law as
				preferred uses.
				W.S.
				41-3-102 sets out the preferred uses and
				establishes their order of preference. Water for industry is a preferred use
				over water for irrigation except that the use of water for steam power plants
				and industrial purposes does not give the right of condemnation. Water rights
				for these uses may be obtained through the regular permit and adjudication
				procedures, or by acquisition of the right to use water already appropriated
				for some other purpose, such as irrigation.
The law allows a preferred use to condemn a lower ranking use
				  in accordance with the provisions of civil law relating to condemnation of
				  property. Following a successful condemnation action, a petition for change of
				  use must be submitted to the Board.
b. Regardless of how a preferred use
				appropriation is acquired, the right to divert water is subject to regulation
				in accordance with the priority date of the acquired water right. The
				condemnation procedure does not expand the nature of the right condemned by a
				preferred use. It only ensures that the change of use can occur. W.S. W.S.
				W.S.
				41-3-907 provides an exception for
				appropriations of underground water for stock or domestic purposes (with
				certain quantity limitations), which may be used at any time regardless of
				priority dates.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-20 - Rights-of-Way

Current through July 13, 2024
The issuance of a permit by the State Engineer, or the
				  granting of a petition or the adjudication of a water right by the State Board
				  of Control does not give a right-of-way to the water appropriator over the
				  lands of any other person. The individual appropriator is responsible for
				  obtaining proper and necessary rights-of-way or easements by negotiation and
				  agreement or otherwise by compliance with the law of the
				  state.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-21 - Interstate Compacts and Court Decrees

Current through July 13, 2024
In addition to complying with state water law, Wyoming
				  appropriators must comply with any restrictions on water use contained in
				  interstate water compacts and court decrees. In the administration of such
				  rights, the Board will follow any specifically mandated provisions of
				  administration of rights contained in such compacts and decrees. The local
				  water administrators will be familiar with these additional restrictions
				  applicable to their districts and may be contacted for further
				  information.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 1 - INTRODUCTION TO WYOMING WATER ADMINISTRATION › Section 1-22 - Instream Flow

Current through July 13, 2024
Prior to 1986, Wyoming water law required water to be
				  diverted from its natural channel and conveyed to a point of use or stored
				  constituting beneficial use. In 1986, enactment of the instream flow law
				  expanded this concept to allow only the State of Wyoming to own a water right
				  for instream flow in a natural channel for fisheries purposes.
Thus, pursuant to
				  W.S.
				  41-3-1001 through
				  41-3-1014, a new water right can
				  be issued, or an existing right changed, to allow water, when available, to
				  remain in the natural stream channel and be protected for fisheries purposes
				  according to its water right priority. With proper permitting, instream flow
				  needs may be met from reservoir storage.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-1 - Authority

Current through July 13, 2024
The State Board of Control was created by Section
				  2, Article
				  8 of the Wyoming State Constitution, adopted by vote of the people on November
				  5,1889, and approved by the United States Congress on July 10, 1890 (see also
				  Chapter 4 of Title 41, Wyoming Statutes, 1977, especially
				  W.S.
				  41-4-201, et seq.).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-2 - Rules and Regulations

Current through July 13, 2024
a.W.S.
				41-4-211 authorizes the State Board of
				Control to adopt reasonable rules and regulations to carry out the duties
				imposed on it by law. These regulations are promulgated pursuant to this
				authority.
b. These regulations
				shall apply to all proceedings before the State Board of Control. Persons
				having business before the Board are advised to also examine the previous
				decisions of the Board, which are published in its Order Record. The decisions
				sometimes contain discussions of policy, which could prove helpful in a pending
				matter. However, such policy statements are not to be viewed as binding
				precedent. The Board may adapt its policies to the situations at hand on a
				case-by- case basis.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-3 - Definitions

Current through July 13, 2024
In addition to the definitions set out in the Wyoming
				  Administrative Procedure Act (W.S. 16-3-101 through
				  W.S. W.S. W.S. 16-3-115 ) and in Title 41 of
				  the Wyoming Statutes, the following terms are used throughout these
				  regulations:
a. "Board" means the
				State Board of Control.
b.
				"President" means the State Engineer acting as President of the State Board of
				Control.
c. "Acting Chairman" means
				the person chosen by the Board to act for the Board as chairman in a specific
				manner.
d. "Superintendent" means a
				water division superintendent who serves as a member of the Board.
e. "Secretary" means the ex-officio secretary
				of the Board who is appointed by the Board in a non-voting capacity.
f "Adjudication Officer" means the person
				employed by the Board who is charged with maintaining its official books and
				records at its office in Cheyenne. As instructed from time to time by the
				Board, the Adjudication Officer assists the Board in the conduct of its
				meetings and routine business. As reflected in the Board's minutes, the
				Adjudication Officer has limited authority to sign correspondence and otherwise
				act as the Board's agent. The Adjudication Officer may also be referred to as
				the Administrator of the Board.
g.
				"W.S." refers to the Wyoming Statutes, 1977, in their most recently enacted
				form. Any statutory citation, unless otherwise indicated, references the
				legislation enactment as amended.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-4 - Board Composition

Current through July 13, 2024
The State Board of Control is composed of the State Engineer
				  and the superintendents of the four water divisions of the state. The State
				  Engineer serves as President of the Board and is a voting
				  member.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-5 - Powers and Duties

Current through July 13, 2024
a. The State Board
				of Control has supervision over the waters of Wyoming and their appropriation,
				distribution and diversion, and of the various officers connected therewith.
				The Board serves as a quasi-judicial body in the adjudication of water rights,
				and in the consideration of contests and petitions affecting adjudicated water
				rights.
b. Historically, the first
				duty of the Board was to determine the priorities of rights to use the water
				flowing in the streams of Wyoming, beginning with the streams most heavily used
				for irrigation. This task was accomplished by a general stream adjudication for
				the entire state. Thereafter, the Board has continued to adjudicate surface and
				ground water rights under permit and to consider petitions dealing with
				abandonment, amendment, or change of water rights.
c. The Board is directed by
				W.S.
				41-3-601 to divide the State into several
				water commissioner districts within each of the four water divisions. On
				recommendation of the State Engineer or the division superintendent, the Board
				may change the water commissioner district boundaries.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-6 - Oaths

Current through July 13, 2024
The members of the State Board of Control are authorized to
				  administer oaths in all situations whereto do so is necessary in the
				  performance of their official duties (see WS
										41-4-211 )
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 2 - ORGANIZATION & AUTHORITY › Section 2-7 - Seal

Current through July 13, 2024
All certificates of appropriation and construction issued by
				  the State Board of Control shall be signed by its President and be attested to
				  by the Secretary over the seal of the Board. All other certificates,
				  certifications and certified documents may be signed and sealed either by the
				  President, Secretary, or Adjudication Officer. The Board's official seal is
				  described as follows:
An embossed circular seal one and three quarters inches in
				  diameter consisting of two concentric circles, the outer being one and three
				  quarters inches in diameter, and the inner being one and three sixteenths in
				  diameter. The space between the two circles to contain the words: "State of
				  Wyoming Board of Control". The inner circle to contain the Great Seal of the
				  State of Wyoming.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-1 - Meetings

Current through July 13, 2024
By statute, the Board holds four quarterly meetings each
				  year. To the extent possible, these regular meetings are spaced equally
				  throughout the year according to the following schedule:
First week in February;
Second week in May;
Third week in August; and
Fourth week in November (except when it conflicts with
				  Thanksgiving).
Special meetings may be held at other times at the call of
				  the President or Acting Chairman after consultation with the other Board
				  members. If a special meeting is held at the request of a private party, the
				  costs of providing for the travel expenses of the Board members and any
				  necessary staff assistants and legal advisors must be met by the private party
				  (see W.S.
				  41-4-201 ).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-2 - Quorum and Voting

Current through July 13, 2024
A majority of the members of the Board constitute a quorum
				  to transact business, but a decision of the Board requires an affirmative vote
				  of three members (see W. S. 41 -4-201).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-3 - Order of Business

Current through July 13, 2024
Meetings of the Board will generally proceed in the
				  following manner (subject to change as necessary):
a. Call to order;
b. Review, correction and approval of the
				minutes from the last meeting;
c.
				Consideration of petitions (which can include short hearings, appearances for
				oral argument, etc.);
d.
				Consideration of proofs of appropriation and proofs of construction (ground
				water proofs are usually considered at the May and November meetings while
				surface water proofs are usually considered at the February and August
				meetings);
e. Unfinished or
				carry-over business from the last meeting;
f New business, appearances and discussion
				items;
g. Adjournment.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-4 - Books and Records

Current through July 13, 2024
The following books and records shall be kept and shall
				  constitute the official records of the Board, which are open to the public and
				  available for copying (electronic versions may be available for copying if they
				  exist):
a. Minutes - loose-leaf book
				to contain, in proper order, the minutes of all meetings of the
				Board;
b. Order Record - loose-leaf
				book to contain the original of all Orders entered by the Board;
c. Certificate Record - loose-leafbook to
				contain a copy of each certificate of appropriation of surface or ground water
				or certificate of construction of a reservoir issued by the Board;
d. Card Index File of the following:
(1)
SURFACE WATER
-
				- alistingby water division and stream of all adjudicated water rights with the
				name of the appropriator, permit number, priority date, order record number,
				certificate record number, proof number, name of the ditch or pipeline, and
				such other information as may appear to be appropriate;
(2)
GROUND WATER
- -
				a listing by township and range of all adjudicated ground water rights with the
				name of the appropriator, permit number, statement of claim or well
				registration number, priority date, order record number, certificate record
				number, proof number and the name of the well; and
(3)
PETITIONS
- a
				listing of each petition according to the source of the appropriation and the
				name of the petitioner;
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-5 - Interagency and Memoranda

Current through July 13, 2024
All files and papers of the State Board of Control not listed
				  above in Section
				  4 are
				  deemed to be interagency or intra-agency memoranda or letters not routinely
				  made available to the public. Most ofthe Board's correspondence, maps and other
				  printed materials can be made available upon written request directed to the
				  Board at its office in Cheyenne, Wyoming. Should any requested file or paper
				  not be provided as requested, the requestor will be provided with a written
				  explanation.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-6 - Orders and Certificates

Current through July 13, 2024
a. A specific order
				shall be entered in the Order Record upon the grant, denial or dismissal of any
				petition filed with the Board, and a copy of the Order shall be mailed to the
				petitioner. If the Board action grants an amendment in land description, an
				amendment to or correction of an existing certificate, a change of use, or an
				abandonment of a water right, a certified copy of the Order shall be recorded
				in the office of the county clerk of the county or counties in which the water
				right is located.
b. When a
				certificate of appropriation, amended certificate, or a certificate of
				construction of a reservoir is issued, the original shall be recorded in the
				office of the county clerk of the proper county and then forwarded to the
				appropriator. A copy shall be filed in the office of the Board in the
				Certificate Record (see
				W.S.
				41-4-325 ).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-7 - Rule Making

Current through July 13, 2024
Rule making through the promulgation of written regulations
				  shall be accomplished in accordance with
				  W.S.
				  16-3-102 through W.S. W.S.
				  W.S.
				  16-3-106.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 3 - GENERAL PROCEDURES › Section 3-8 - Fact Finding Hearings

Current through July 13, 2024
a. In exercising
				its rule making authority or general regulatory authority over the waters of
				the state, the Board may conduct fact finding hearings, pursuant to notice as
				required by statute for the situation involved.
b. A fact finding hearing is non-adversary in
				nature and no pleadings are required. Any interested persons will be afforded
				the opportunity to appear or otherwise make his views known to the Board. Oral
				and written statements may be presented without regard to the rules of
				evidence.
c. The Board member or
				other person designated as the hearing officer may adopt whatever procedures
				appear to be reasonable and necessary for the conduct of the hearing.
d. Persons appearing to make statements or
				present information are not thereby made available for cross- examination, but
				will be permitted to answer questions asked by the hearing officer, Board
				members, or any other person, provided they choose to do so. The hearing
				officer may limit questioning and the length of oral statements in the interest
				of conducting the hearing in a proper manner.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 4 - ADJUDICATION OF PROOFS › Section 4-3 - Instream Flow Proofs

Current through July 13, 2024
a. Authorization
				for taking final proof of instream flow permits is set out in
				W.S.
				41-3-1006(f). This statute
				states that "(I)f an application for an instream flow appropriation is approved
				by the State Engineer, it shall be deemed that work has been commenced and
				completed and beneficial use made thirty (30) days after the date of approval
				for purposes of W.S. W.S.
				W.S.
				41-4-506 and proof of appropriation shall not
				be submitted until three (3) years thereafter."
b. The superintendent or a designated
				hydrographer commissioner will make an on-the-ground inspection of the segment,
				inspect the measuring device, and review discharge records and measurement
				notes for the last five years. The Wyoming Game and Fish Department may
				provide, or upon request submit, stream flow data to document flows. If
				permitted flows have not actually occurred during the period of review, an
				adjustment will be made by elimination of the permitted c.f.s. amount reduced
				to the amount which was actually present.
c. Advertising and dispensing of these proofs
				will be done in conjunction with other surface water proofs (see Chapter IV,
				Section
				1 of these
				Regulations and Instructions).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 4 - ADJUDICATION OF PROOFS › Section 4-4 - Contested Proofs

Current through July 13, 2024
a. Any person,
				corporation, or association of persons owning a valid water right to the use of
				water from any source involved in the adjudication may contest the rights of
				any person, corporation, or association, which has submitted a proof to the
				superintendent, provided that the contestant notifies the superintendent of the
				appropriate water division in writing within fifteen days after the proofs have
				been made available for public inspectionand states the grounds of the contest
				(see W. S. 41 -4-312 through
				
										41-4-315, and
				41-4-511 ).
b. If a valid contest is received, the
				division superintendent shall notify the contestant and the person,
				corporation, or association whose rights are contested to appear before him at
				a convenient time and place as he shall designate in writing. The date of
				hearing shall not be less than thirty days nor more than sixty days from the
				date the notice is served on the parties to the contest. This notice shall be
				mailed by certified mail with return receipt requested.
c. The superintendent shall have the power to
				adjourn hearings from time to time upon reasonable notice to all interested
				parties. If requested and if necessary, he shall issue subpoenas to compel the
				attendance of witnesses to testify. The evidence shall be confined to the
				subjects stated in the notice of contest. A deposit, as required by W.S. W.S.
				W.S.
				41-4-314, for each day of taking evidence,
				shall be required from each of the parties. The contestant shall arrange for a
				record to be taken and shall pay the cost of preparing the transcript of the
				hearing before the record is forwarded by the superintendent to the State Board
				of Control for final determination or adjudication.
d. The water division superintendent shall
				transmit all the evidence and testimony from a hearing on a contested proof to
				the Cheyenne office of the Board in person or by certified mail.
e. The specific rules of practice for
				contested cases are described in Chapter VT of these regulations.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-1 - Initiation

Current through July 13, 2024
Matters concerning adjudicated appropriations of water, all
				  changes of use, and ground water permits under which water has been put to
				  beneficial use, must be brought before the State Board of Control in the form
				  of petitions. In most cases, it will be necessary for the surveyor, or other
				  party preparing a petition, to secure detailed information from the records of
				  the State Board of Control. Assembly of this information from the Board records
				  will be greatly simplified if the request for information is accompanied by a
				  general statement as to the nature of the proposed petition.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-2 - Required Information

Current through July 13, 2024
(a) The permit
				number and name of the original appropriator (generally found in the Tabulation
				of Adjudicated Water Rights), the proof number, the Order Record citation (book
				and page), and the Certificate Record (book and page) wherein the appropriation
				is recorded or, in the case of a decreed right, the specific reference to the
				decree under which the appropriation was granted, should be included in the
				petition to properly identify the appropriation involved. This information is
				available from the office of the State Board of Control.
(b) It is the responsibility of the
				registered engineer or professional land surveyor to accurately portray, by map
				and written statement, the existing conditions on the ground. The information
				of record relating to adjudicated water rights may not properly reflect the
				conditions on the ground. Therefore, care must be exercised in utilizing record
				information. Where there are discrepancies between the record and the actual
				situation, these differences should be pointed out to the Board, and, where
				necessary, a proper request made to correct the record to reflect the true
				conditions. If there is a question as to when it is necessary to correct the
				records, it is suggested that an inquiry be directed to the Board, setting out
				the circumstances and asking how to proceed.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-2 - Required Information

Current through July 13, 2024
a. The permit
				number and name of the original appropriator (generally found in the Tabulation
				of Adjudicated Water Rights), the proof number, the Order Record citation (book
				and page), and the Certificate Record (book and page) wherein the appropriation
				is recorded or, in the case of a decreed right, the specific reference to the
				decree under which the appropriation was granted, should be included in the
				petition to properly identify the appropriation involved. This information is
				available from the office of the State Board of Control.
b. It is the responsibility of the registered
				engineer or professional land surveyor to accurately portray, by map and
				written statement, the existing conditions on the ground. The information of
				record relating to adjudicated water rights may not properly reflect the
				conditions on the ground. Therefore, care must be exercised in utilizing record
				information. Where there are discrepancies between the record and the actual
				situation, these differences should be pointed out to the Board, and, where
				necessary, a proper request made to correct the record to reflect the true
				conditions. If there is a question as to when it is necessary to correct the
				records, it is suggested that an inquiry be directed to the Board, setting out
				the circumstances and asking how to proceed.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-3 - Hearing Expenses

Current through July 13, 2024
In all hearings before the division superintendents or the
				  State Board of Control where oral evidence is to be presented, the petitioner
				  or contestant shall provide and pay for a complete transcript of testimony as
				  required by the statute or statutes applicable to the petition involved. In the
				  case of an abandonment petition, the party initiating the abandonment
				  (contestant) shall provide and pay for a complete transcript.