reglab/statecodes huggingface dataset:
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-1 - Required Plats and Maps

Current through July 13, 2024
a. Linen plats
				conforming to the following requirements are required as Part II of the Proof
				of Appropriation and Beneficial Use of Ground Water for all wells with the
				exception of certain wells used for miscellaneous, domestic and stock watering
				purposes. (See Sections
				2 through
				18 of this
				Chapter for linen plat requirements).
b. The plat for wells where the use is
				described as miscellaneous and where the yield or flow is twenty-five (25)
				gallons per minute or less may be a 7 V2 minute United States Geological Survey
				Quadrangle map in lieu of a linen tracing provided that the U.S. Geological
				Quadrangle is in compliance with the following conditions:
(1) The entire United States Geological
				Survey Quadrangle map must be submitted to the State Engineer's
				Office.
(2) The scale on said
				quadrangle map must be one to twenty-four thousand.
(3) An identified section corner or quarter
				corner must be shown on said quadrangle map along with section, township and
				range.
(4) The section in which the
				well is located and the section(s) where the area(s) or point(s) of use are
				located must be subdivided into forty (40) acre tracts and the well location
				and area(s) or point(s) of use clearly labeled and described.
(5) Black waterproof ink must be used for all
				information shown on these maps.
(6) All pipelines, storage facilities, etc.,
				must be shown.
(7) Said quadrangle
				map showing the well location and area(s) or point(s) of use must be certified
				by a professional engineer or land surveyor licensed to practice within the
				State of Wyoming.
The above requirements also apply to wells used for domestic
				  and stock watering purposes. (See page 62 for sample quadrangle map.)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-2 - Responsibility

Current through July 13, 2024
In all cases, the engineer or surveyor who signs an
				  application or map will be held personally responsible for the correctness and
				  completeness of his work, including the work done by those in his employ or
				  under his direction.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-3 - Accuracy

Current through July 13, 2024
The accuracy of measurement required on all water right
				  surveys shall conform in general to the principles set forth in the American
				  Congress on Surveying and Mapping publication entitled "Technical Standards for
				  Property Surveys". Measurements shall be made with instruments capable of
				  attaining the required accuracy for the particular problem involved. The
				  minimum accuracy of linear measurements involving ties to wells or other
				  control points shall be 1/500, and the maximum allowable error in any tie,
				  regardless of length, shall be 10 feet. Irrigated acreages in each subdivision
				  should be accurate to the nearest 1/10 of an acre.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-4 - Care

Current through July 13, 2024
Care must be taken to determine and accurately locate the
				  irrigable land. The boundaries of irrigable land should be meandered unless
				  they follow section lines or regular subdivision lines of a section, or unless
				  such boundaries can be accurately defined through the use of aerial
				  photos.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-6 - Latest Accepted Survey

Current through July 13, 2024
The engineer or surveyor should obtain full information
				  concerning the latest accepted survey (including protractions of unsurveyed
				  areas) of any lands involved in a water right application, petition, or proof
				  of appropriation and beneficial use of ground water. This information should be
				  obtained from the office of the U.S. Department of the Interior, Bureau of Land
				  Management, P.O. Box 1828, Cheyenne, Wyoming, 82001, or from county records or
				  other sources of information, prior to making this survey or preparing the
				  map.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-7 - Field Notes

Current through July 13, 2024
The State Engineer may require copies of field notes of
				  surveys. The engineer or surveyor should keep a complete record of each survey
				  made, including a print of the map, facts coming to his knowledge at the time,
				  copies of all field notes, reports, and correspondence, in order that such
				  evidence may be produced in the future if necessary.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-8 - Aerial Photographs

Current through July 13, 2024
Map information taken from aerial photographs may be used,
				  with discretion, to supplement field surveys, but the location of public survey
				  boundaries, the points of diversion of ditches, wells, and the extent and area
				  of irrigable or irrigated lands must be determined by actual field
				  surveys.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-9 - Acceptable Materials

Current through July 13, 2024
a. All proofs of
				appropriation and beneficial use of ground water must be accompanied by maps in
				duplicate; one of which must be on good quality tracing linen or equivalent.
				Original drawings prepared on polyester base films with a minimum thickness of
				0.004 inch will be acceptable. This will include Estar, Cronaflex, and Mylar
				drafting films. Maps accompanying original applications must be neatly drawn in
				either black waterproof ink or acetate ink which will print clearly. Maps on
				which pencil, ball-point pen, or ink other than black has been used, will not
				be acceptable.
b. Maps to accompany
				enlargement applications or amendments of previous filings may be prepared by
				securing a duplicate original of the map already on file in the State
				Engineer's Office, and by making the necessary alterations and additions
				thereto. Duplicate originals, in order to be acceptable, must be on Mylar,
				Estar, Cronaflex, or equivalent drafting films with a matte surface designed to
				accept ink and with a minimum thickness of 0.004 inch.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-10 - Sizes

Current through July 13, 2024
a. All linen plats must conform to one of the
				standard sizes listed. Linen plats prepared on sheets of any other size will
				not be accepted. If one sheet is not sufficient to show the proposed works, two
				or more sheets of the same size may be used. Keep all map information within
				the border line.
b. Loose-leaf
				books are in use for each size given below, and all linen plats are filed flat
				in order to preserve the record contained on them. Linen plats must be made on
				sheets of the following sizes and dimensions:
OVERALL DIMENSIONS
MARGINS
Size
Length
Width
Binding Side
Other Sides
B
15"
10-3/4"
1-1/2"
1/4"
D
21-1/2"
15"
1-1/2"
3/8"
E
30"
21-1/2"
1-1/2"
1/2"
F
4 0"
35"
3/4"
3/4"
See pages 56 and 57 for pictorial representation of plat
				  sizes and margin arrangements.
(1) The
				"F" size sheet is very unhandy to file and to use; consequently, it is
				preferred that the "B", "D", or "E" size sheets be utilized if possible. The
				preferred plat size for ground water plats is the "B" size. Statutory
				provisions also permit the use of size "A" which is 8-1/2 inches wide and 11
				inches long; size "AA" which is 8-1/2 inches wide and 14 inches long; and size
				"C" which is 22 inches wide and 36 inches long. The State Engineer's Office,
				however, is not equipped with books for filing these sizes; therefore, the
				sizes included in the above tabulation are preferred.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-11 - Arrangement

Current through July 13, 2024
See Pages 60 through 61 for ideal arrangement of data.
				  Attention is called to the necessity of placing the binding edge as indicated.
				  Provide a 1" x 4" space for the State Engineer's endorsement, as shown on the
				  sample plats. Orient the plat so the meridian is parallel to the binding edge,
				  and, if possible, so the "north arrow" points to the top of the
				  plat.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-12 - Title

Current through July 13, 2024
Always place the title in the lower right-hand corner. The
				  title on the plat should conform with the names given in the accompanying
				  petitions or proofs of appropriation and beneficial use of ground water. The
				  title should include the names of all ditches, enlargements, reservoirs,
				  pipelines, and/or wells which are directly involved in the petitions or ground
				  water proofs. The names and addresses of the petitioners or permittees, and the
				  scale of the plat should also be included in the title block. The permit
				  numbers for the ground water rights involved must be shown.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-13 - Scale

Current through July 13, 2024
Location plats and maps must be drawn to a scale of not less
				  than 2"=1 mile. Use a large enough scale to show all of the required
				  information clearly. Show the scale used for all plats.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-14 - Ties

Current through July 13, 2024
a. Ties must be shown on the plat from a
				corner of the public land survey to the well, separator, sump or pump location
				where pits are involved.
b. All
				distances must be shown in feet. Plats must be plotted to the true meridian,
				and bearings shown must be true bearings, reading less than 90° to the east
				or west from the north and south points.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-15 - Information to be Shown

Current through July 13, 2024
a. The well must be
				shown in such a manner that its location stands out clearly, and the name must
				be shown. Sufficient detail of the conveyance system must be shown so that it
				is apparent as to how water will be conveyed to each subdivision. On ground
				water plats, it should be noted whether the system carries ground water,
				surface water, or both.
b. Entire
				sections must be shown in all cases. When any part of a section is involved in
				an application or petition, the entire section, subdivided into forties and
				lots, must be shown. Where lots or tracts are shown, they must be plainly
				labeled on the plat, and the entire lot or tract is to be shown. Homestead
				entries and mineral surveys are to be related to the nearest section to
				indicate their position in the township. In cases where the well is located
				within a recorded subdivision, an insert showing the well location within the
				section may be added.
c.
				Certificate of Engineer or Surveyor must be shown. An example is shown on page
				54 and may be used as a general guide.
d. The location and acreage of all lands
				being irrigated in each subdivision must be shown on ground water plats.
(1) Such lands must be indicated on the plat
				by symbols or cross hatching.
(2)
				Lands under different permits must be shown by distinctively different
				crosshatching or symbols.
(3) The
				plat must contain a legend showing the kind of cross-hatching or
				symbols.
(4) Watercoloring wrinkles
				the linen and therefore must not be used.
(5) The lands shown on a ground water plat
				must be the actual acreage irrigated from the ground water source at the time
				of the survey.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-16 - Pipelines, Gathering Systems, Etc

Current through July 13, 2024
In situations where pipelines, gathering systems, etc., are
				  contemplated or proposed, the State Engineer may require a plat prepared by a
				  licensed engineer or land surveyor showing the proposed pipeline route and
				  points of use.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-17 - Additional Required Information

Current through July 13, 2024
Plats for Proof of Appropriation and Beneficial Use of Ground
				  Water are also required to show the following:
a. Storage facilities, if involved in the use
				of ground water, must be shown. Permits for sources of ground water used within
				the distribution system, but brought from outside the area shown on the map,
				must be identified by note.
b. If
				lands are owned by more than one party, or are owned by the State or Federal
				Government, such ownership must be clearly shown. Roads, railroads, and other
				important cultural features also should be shown, where practical.
c. The term "supplemental supply" does not
				apply to ground water. If more than one well irrigates the same land, or if
				both ground and surface water are applied to the same land, it is sufficient to
				reference the well names on the plat and to identify all wells in the title
				block. Acreage irrigated from surface water sources must be shown so as to
				reflect any use of surface water on the same lands covered by the ground water
				rights surveyed.
d. A blank area,
				at least 4 inches wide and 2 inches deep, must be left in the upper right-hand
				corner of the plat. Examples are shown on pages 60 and 61. This blank area, to
				be completed in the State Engineer's Office only, will be used to reference
				surface water rights as they are shown on existing records.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 5 - MAP SURVEY REQUIREMENTS, BENEFICIAL USE OF GROUND WATER › Section 5-18 - Sample Plats and Maps

Current through July 13, 2024
Pages 58 through 62 contain sample plats and maps prepared in
				  accordance with the requirements of the State Engineer's Office, and should be
				  used as guides in the preparation of plats and maps to be filed with the Proof
				  of Appropriation and Beneficial Use of Ground Water.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 6 - SAMPLE LINEN PLATS AND QUANDRANGEL MAPS › Section 6-1 - Dimensions and Arrangement

Current through July 13, 2024
Pages 58 through 60 contain sample plats and maps prepared in
				  accordance with the requirements of the State Engineer's Office, and should be
				  used as guides in the preparation of plats and maps to be filed with the Proofs
				  of Appropriation and Beneficial Use of Ground Water - Form U.W.
				  8.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 6 - SAMPLE LINEN PLATS AND QUANDRANGEL MAPS › Section 6-2 - Engineers Certificate

Current through July 13, 2024
a. Certificate for
				plats and maps to accompany Proof of Appropriation and Beneficial Use of Ground
				Water - Form U.W. 8:
CERTIFICATE OF ENGINEER OR
				  SURVEYOR
(1) All linen
				plats must have the following certificate:
STATE OF WYOMING )
)SS.
COUNTY OF_______ )
I,_______________________________________________of
____________________________________________hereby certify
				  that this plat was made from notes taken during an actual survey made by me
				  on________________, 19__, (or made on_______________, 19__, under my direction
				  by_______________________, for whose work I stand personally responsible). Such
				  survey is accurately represented on this plat, and correctly shows the location
				  of the well(s) and acreage under irrigation at the time of the survey (or
				  correctly shows the location of the well(s) and point(s) of use at the time of
				  the survey).
(Signed)_____________________________
(Engineer or Surveyor)
Wyoming
Registration No.__________
(Indicate - PE and/or LS)
(2) All quadrangle maps must have the
				following certificate:
CERTIFICATE OF SURVEYOR
STATE OF WYOMING )
)SS.
COUNTY OF_______ )
I,_______________________of__________________hereby certify
				  that this map was made by________________________on_______________, 19__, and
				  correctly shows the location of the well(s) and point(s) and area(s) of use at
				  the time this map was prepared.
(Signed)_____________________________
(Engineer or Surveyor)
Wyoming PE or LS No._____
NOTE
: All certificates should also
				  credit the use of information obtained from other sources where other sources
				  are used. Care should be taken that certification indicates the source of all
				  information shown on the map.
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Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 7 - PETITIONS › Section 7-1 - General Requirements

Current through July 13, 2024
a. All petitions
				pertaining to
unadjudicated
ground water rights must
				be filed with the State Engineer, State Office Building, Cheyenne, Wyoming,
				82002.
b. All petitions pertaining
				to
adjudicated
ground water rights must be filed with
				the Board of Control, State Office Building, Cheyenne, Wyoming,
				82002.
c. Petitions must be in the
				form of an affidavit and signed by the petitioner or his agent before a Notary
				Public or other officer authorized to administer oaths. A petition should
				contain the following information:
(1) Name
				of facility;
(2) Date of priority
				and permit number;
(3) Detailed
				reasons for proposed change;
(4) A
				clear statement of the amendment of change requested.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 7 - PETITIONS › Section 7-2 - Maps and Surveys

Current through July 13, 2024
a. Maps may not be
				required for most petitions concerning unadjudicated ground water rights. In
				some cases where complicated changes are proposed, a map may be
				required.
b. Maps must accompany
				all petitions requesting changes in adjudicated ground water rights except
				those petitions to correct a clerical error.
c. Maps must bear the certificate of a
				professional engineer or land surveyor licensed to practice in
				Wyoming.
d. The map title should
				refer to the petition and the petitioner, and indicate in the title the
				intended purpose of the petition.
e. Maps shall be prepared from field notes
				taken during an actual survey, which may be supplemented by information from
				aerial photographs and the records of the State Engineer and the State Board of
				Control.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 7 - PETITIONS › Section 7-4 - Petition to Correct Errors and Misdescriptions

Current through July 13, 2024
a. A
				petition to correct errors and misdescriptions must be made by the owner of the
				lands or his agent. It must be accompanied by conclusive evidence to show that
				the change desired was caused by an error or misdescription. Maps may or may
				not be required, depending on the character of the error which is being
				corrected. A petition to correct errors and misdescriptions must meet the
				following requirements:
(1) HEADING - State
				the purpose of the petition, identify the well by permit number and
				name.
(2) OPENING STATEMENT -
				Identify the petitioner, show a mailing address, and give general
				introduction.
(3) ITEM 1 - State
				that the petitioner is the sole owner of the well and lands irrigated thereby;
				which statement should be substantiated by documentary evidence, such as a
				Certificate of Ownership from the County Clerk of the county in which the lands
				are located, or assignment of well or other sufficient instrument if the
				petitioner is not the permittee of record.
(4) ITEM 2 -- Give the status of the permit,
				such as "Permit No. U.W. 00000 is in good standing, with all the required
				notices filed, and that beneficial use of water is presently being made within
				the terms of the permit."
(a) If the permit
				being amended is not completed insofar as construction or beneficial use of
				water is concerned, a statement should be substituted for the above, indicating
				that the permit has not expired and is in good standing.
(5) ITEM 3 - Describe the portion of the
				permit, as originally filed, in error.
(6) ITEM 4 - Describe the desired
				correction.
(7) ITEM 5 - State how
				the error occurred if this information is available.
(8) ITEM 6 - State whether or not any other
				appropriator will be injured in any way by the correction or error in
				description.
(9) ITEM 7 - State
				whether or not a map is necessary to accompany this petition.
( 10) ITEM 8 - Indicate the amount of fees
				which accompany this petition.
(11)
				PRAYER - Set-out the prayer of the petitioner. The prayer of the petitioner
				should set-out the results the petitioner desires to accomplish.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 7 - PETITIONS › Section 7-5 - Petition for Amendment of Description of Land

Current through July 13, 2024
a. Under
				the provisions of Section 41 - 213(A), Wyoming Statutes 1 957, as amended by
				Section
				1, Chapter
				214, Session Laws of Wyoming 1961, the State Engineer is authorized, upon
				written petition of the owner, to amend any permit to appropriate water prior
				to the adjudication by the State Board of Control for the purpose of correcting
				errors or otherwise, when in his judgment such amendment appears desirable or
				necessary; provided the total area of lands may not exceed the area described
				in the original permit. A petition for amendment of description of land must
				meet the following requirements:
(1) HEADING
				- State the purpose of the petition, identify the well by permit number and
				name.
(2) OPENING STATEMENT -
				Identify the petitioner, show a mailing address, and give general
				introduction.
(3) ITEM 1 - State
				that the petitioner is the sole owner of the well and the lands irrigated
				thereunder. This statement should be substantiated by a Certificate of
				Ownership of the County Clerk of the county in which the lands are located.
(a) If the lands are included in an
				Irrigation District, the co-petitioners should be the
district
, acting through its duly authorized agent and
				the owner of the well. The petition should state that the lands affected are
				within the district, and should specify the ownership.
(4) ITEM 2 -- Give the status of the permit,
				such as "Permit No. U.W. 00000 is in good standing, with all the required
				notices filed, and that beneficial use of water is presently being made within
				the terms of the permit."
(a) If the permit
				being amended is not completed insofar as construction or beneficial use of
				water is concerned, a statement should be substituted for the above, indicating
				that the permit has not expired and is in good standing.
(5) ITEM 3 - State the reason a correction or
				amendment of land description is desired or necessary.
(6) ITEM 4 - Describe the lands which are to
				be excluded from the permit.
(7)
				ITEM 5 - Describe the lands which are to be substituted in lieu of the lands
				being excluded. The total area of the substituted lands cannot exceed the total
				area of the lands proposed to be excluded from the permit.
(8) ITEM 6 - State whether or not any other
				appropriator will be injured.
(9)
				ITEM 7 - The accompanying map should show accurately the location of the well,
				the location and extent of the lands proposed to be excluded from the permit,
				and the location and extent of the lands to be substituted in lieu thereof. The
				map must also show the means by which the substituted lands will be
				irrigated.
(10) ITEM 8 - Indicate
				the amount of fees which accompany this petition.
(11) PRAYER - Set-out the prayer of the
				petitioner. The prayer of the petitioner should clearly describe the requested
				amendment of description of land.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-1 - Authority

Current through July 13, 2024
These rules are promulgated by the State Board of Control
				  and the State Engineer, as authorized by Section
				  2, Article
				  8, Wyoming Constitution, and Sections 41 - 154, 41 - 155, 41 - 164, 41 - 190,
				  41 - 211 (Section
				  1, Chapter
				  180, Session Laws of Wyoming 1965), and 9-276.19 (Laws 1965), Wyoming Statutes
				  1957.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-2 - Definitions

Current through July 13, 2024
The following definitions shall prevail in these
				  rules:
a. BOARD - The State Board of
				Control.
b. CONTESTANT - Shall
				include any party instituting a contest of any petition, proof of appropriation
				of water, or filing a petition for abandonment of an adjudicated water right
				before the State Board of Control, the State Engineer, or a Water Division
				Superintendent.
c. CONTESTEE -
				Shall include any party filing a petition or proof of appropriation of water
				before the State Board of Control, the State Engineer, or a Water Division
				Superintendent, which is being opposed or contested.
d. HEARING OFFICER - The State Board of
				Control, the State Engineer, or a Superintendent acting as a presiding officer
				at a hearing.
e. ENGINEER - The
				State Engineer.
f. PRESIDENT - The
				State Engineer acting as President of the State Board of Control.
g. SUPERINTENDENT - Water Division
				Superintendent.
h. SECRETARY -
				Deputy State Engineer as Ex-officio Secretary of the State Board of
				Control.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-5 - Notices and Service

Current through July 13, 2024
Notices shall be as prescribed by the Statutes found in
				  Chapter III of the Board of Control portion of the Manual of Regulations and
				  Instructions and shall be served as therein provided. When private persons are
				  the moving parties, other parties to the proceedings shall he given prompt
				  notice of issues controverted in fact or law. When the hearing is initiated by
				  the Hearing Officer, he may require responsive pleadings.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-7 - Docket

Current through July 13, 2024
When a proceeding becomes contested, the Hearing Officer, who
				  is to hear the controversy, shall notify the Secretary of the names of the
				  parties, the date of filing, and the nature of the controversy. The Secretary
				  shall then assign it a number and enter the proceeding, with the date of its
				  filing, on a separate page of a docket provided for such purposes. The
				  Secretary shall establish a separate file for each such docketed case, in which
				  shall be systematically placed all papers, pleadings, documents, transcripts
				  and evidence pertaining thereto, and all such items shall have noted thereon
				  the docket number assigned and date of filing.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-8 - Form of Pleadings

Current through July 13, 2024
Form of Pleadings . The form of pleadings for contested cases
				  shall be substantially as on the following page:
PLEADINGS
BEFORE THE STATE ENGINEER
STATE OF WYOMING
John Doe, )
)
Contestant, )
)
vs. )
Docket No.______________
)
Harry Roe, )
)-
Contestee, )
PETITION
(Answer, Motion, etc.)
STATE OF WYOMING )
) SS.
COUNTY OF_________________)
Contestant states:
1.
2.
3.
4
				. etc.
(Signed)_____________________________
Name typed or printed
Contestant (Contestee)
____________________________(Signed)
Name typed or printed
Address
Attorney for Contestant (Contestee)
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-9 - Default

Current through July 13, 2024
In the event of the default of any party within the time
				  allowed, provided service has been made as required and after due notice to
				  both parties, the Hearing Officer, if he so desires, may order those parties in
				  attendance to present their evidence. If the Hearing Officer determines that
				  there is no material fact in issue, he need not hold the hearing. In either
				  event, the contest will be brought before the State Engineer for consideration
				  and appropriate action.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-11 - Pre-hearing Conference

Current through July 13, 2024
a. As authorized by
				Section
				9 -
				276.30(a) and (b) (Laws 1965), Wyoming Statutes 1957, at a time on or before
				the day of the hearing in a contested case, the State Engineer or the
				Superintendent may direct the parties or their attorneys to consider:
(1) The simplification of the
				issues.
(2) The necessity or
				desirability of amending the pleadings.
(3) The possibility of obtaining admission of
				fact and of documents which will avoid unnecessary proof.
(4) Stipulations as to qualifications of
				expert witnesses.
(5) Such other
				matters as may aid in the disposition of the case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-12 - Motions

Current through July 13, 2024
The Hearing Officer, after 10 days notice by him, may hear
				  any motion filed in connection with contests to be heard by him. It shall be
				  within his discretion as to whether such hearing shall be oral, or upon the
				  exchange of briefs, or other writings, or a combination
				  thereof.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-13 - Hearing Before Full Board

Current through July 13, 2024
Any hearing provided by law to be held before a
				  Superintendent may, at the discretion of the State Engineer or the Board, be
				  held before the full Board upon stipulation of the parties.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-14 - Subpoenas

Current through July 13, 2024
As authorized by Section
				  9 -
				  276.25(d) (Laws 1965), Wyoming Statutes 1957, subpoenas for appearance and to
				  produce books, papers or documents, will be issued by the Superintendent,
				  Secretary or State Engineer, as appropriate, by written
				  request.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-15 - Hearing

Current through July 13, 2024
After the issues shall have been defined, the State Engineer
				  shall set a date for hearing and shall fix such date and notify all parties in
				  interest of record of the date and place of hearing at least 15 days prior to
				  the date thereof; or such notice as may be required by Statute, which notice
				  may be given personally or by prepaid mail, or as required by Statutes found in
				  Chapter III of the Board of Control portion of the Manual of Regulations and
				  Instructions.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-16 - Order of Procedure at Hearing

Current through July 13, 2024
As nearly as may be practicable, hearings shall be conducted
				  in accordance with the following order of procedure:
a. The Hearing Officer shall announce that
				the hearing is called to order to transact business and call by Docket Number
				and Title the case to be heard.
b.
				The Hearing Officer will briefly review the case and any evidence previously
				presented.
c. The Contestant will
				be allowed an opening statement to briefly explain his position and outline the
				evidence he proposes to offer, together with its purpose.
d. The Contestee will be allowed an opening
				statement, in the same manner as allowed Contestant.
e. The Contestant's evidence will be heard.
				Witnesses may be cross-examined by the Contestee. The Hearing Officer, or his
				advisors, may examine witnesses. Contestant's offered exhibits will be marked
				by letters of the alphabet, beginning with "A".
f The Contestee's evidence will be heard in the same manner as
				allowed Contestant. Contestee's exhibits will be marked with numbers, beginning
				with "1".
g. The Hearing Officer,
				with the assistance of the Attorney General or member of his staff, will
				introduce any evidence required on behalf of the Board or
				Superintendent.
h. The Contestant
				may offer rebuttal evidence.
i. The
				Board, Superintendent or State Engineer, may in their discretion, allow
				evidence to be offered out of the order as herein prescribed. A witness will be
				permanently excused when all his testimony has been concluded and no good
				reason exists for his remaining in attendance.
j. Closing statements will be made in the
				following sequence:
(1) Contestant.
(2) Contestee.
(3) Contestant in rebuttal.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-17 - Witnesses at Hearings to be Sworn

Current through July 13, 2024
All persons testifying at any hearing, before the Board,
				  Superintendent or State Engineer, shall stand and be administered the following
				  oath by the Hearing Officer:
"Do you swear (or affirm) that the testimony you are about to
				  give in the matter now in hearing shall be the truth, the whole truth and
				  nothing but the truth in this hearing now before the (Board, Superintendent,
				  State Engineer)?"
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-18 - Applicable Rules of Civil Procedure to Apply

Current through July 13, 2024
Proceedings before a Hearing Officer shall be conducted in
				  accordance with the rules of practice and procedure contained in the Rules of
				  Civil Procedure of the State of Wyoming, insofar as the same may be applicable
				  and not inconsistent with the laws of the State of Wyoming, including the
				  Administrative Procedure Act (Sections
				  9 - 276.19
				  through
				  9 - 276.33
				  (Laws 1965), Wyoming Statutes 1957), and those pertaining in particular to the
				  State Board of Control, the State Engineer and the Superintendents of the Water
				  Divisions. For the application of such Rules of Civil Procedure, the Deputy
				  State Engineer is designated as the Clerk as in the relationship of a Clerk of
				  Court to a Court.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-19 - Attorneys

Current through July 13, 2024
The filing of a pleading by an attorney constitutes his
				  appearance for the party for whom the pleading is filed. The Board,
				  Superintendent or State Engineer must be notified, in writing, of the
				  withdrawal of an attorney from any case.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-21 - Taking of Testimony - Reporter

Current through July 13, 2024
Where oral testimony of witnesses is taken in a contested
				  case, before the Board, Superintendent or State Engineer, the testimony will be
				  reported by a competent reporter who shall be satisfactory to the Board,
				  Superintendent or State Engineer, or by other appropriate means. The
				  compensation of such reporter for taking the testimony shall be paid as
				  required by law or as ordered. A transcript of testimony for the record will be
				  furnished, as required by law, to the Board, Superintendent or State
				  Engineer.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-22 - Compensation of Reporters

Current through July 13, 2024
Reporters or stenographers will be allowed such compensation
				  and fees for reporting or transcribing from an electronic device, testimony in
				  contested cases before the Board, Superintendent or State Engineer, as may be
				  lawful and proper.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-23 - Decision, Findings of Fact Conclusions of Law and Order

Current through July 13, 2024
The State Engineer shall make a written decision and Order
				  containing Findings of Fact and Conclusions of Law. Such decision and Order
				  shall be made of record in the Office of the State Engineer and will, without
				  further action, become the decision and Order in the case on the 15th day
				  thereafter. Forthwith upon receipt, the State Engineer shall send a copy, by
				  prepaid mail, to each party or his attorney.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-24 - Appeals and Reserved Questions to District Court

Current through July 13, 2024
Judicial review by the District Court, from decisions of the
				  State Engineer, are governed by statute, and Rule 72.1 of the Rules of Civil
				  Procedure, as amended and promulgated by the Supreme Court of
				  Wyoming.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0004 - Ground Water › Chapter 8 - CONTESTED MATTERS › Section 8-25 - Amendment of Rules

Current through July 13, 2024
Any amendments to these rules shall become effective as
				  provided by Sections
				  9 - 276.20
				  through
				  9 - 276.24
				  (Laws 1965), Wyoming Statutes 1957.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-1 - Authority

Current through July 13, 2024
(a) Authority for setting fees is covered
				under the following sections of the Wyoming Statutes, 1977:
										9-1-904, 9-l-907(b),
				
										41-3-106(g),
				41-3-107(b),
				41-3-110(d),
				41-3-213,
				41-3-214,
				41-3-914(d),
				41-4-203,
				41-4-205,
				41-4-325,
				41-4-511, and
				41-4-514(a) (v
				& vi) & (e).
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-2 - General

Current through July 13, 2024
(a) Unless otherwise stated, the following
				non-reimbursable fees are payable when the item upon which the fee is
				applicable or assessed is submitted to the Wyoming State Engineer's Office or
				the Wyoming State Board of Control.
(b) Method of payment shall be check, post
				office or express money order, bank draft, or currency. Fees may also be
				deducted from the Wyoming State Engineer's Office, previously established
				customer cash accounts.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-3 - Surface Water Fees

Current through July 13, 2024
(a) All
				non-reimbursable fees must be paid in advance. When the required fee is not
				known, time may be saved by contacting the Wyoming State Engineer's Office
				either by mail or by telephone. Make all remittances payable to the "Wyoming
				State Engineer's Office". Remittances should be transmitted with the
				application or petition and cover letter.
(b) Fee Schedule. The following fees are
				required for each instrument filed in the Wyoming State Engineer's Office.
(i) Direct flow water right applications -
				(Using S.W. 1 or S.W.2 Forms)
(A) Stock
				and/or domestic purposes only....................$25.00
(B) All other purposes, including reservoir
				supply and supplemental supply
				.......................................$50.00
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-4 - Ground Water Fees

Current through July 13, 2024
(a) All
				non-reimbursable fees must be paid in advance. All remittances are to be made
				payable to the "Wyoming State Engineer's Office" except those remittances that
				are submitted in conjunction with adjudication costs, which are to be made
				payable to the "Wyoming State Board of Control". Remittances should be
				transmitted with the application or petition and cover letter.
(b) Fee Schedule. The following fees are
				required for each instrument filed in the Wyoming State Engineer's Office:
(i) Water right application to Appropriate
				Ground Water
(A) Domestic and/or Stock
				Watering Use Wells...........$50.00
(B) Irrigation, Municipal, Industrial,
				Miscellaneous Wells.......
				................................................................
				$75.00
(C) Coalbed Methane
				Wells..................................$50.00
(D) Monitor and Test
				Wells...................................No Fee
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-5 - Board of Control Fees

Current through July 13, 2024
(a) In some
				instances, fees are required to accompany a petition to the Wyoming State Board
				of Control. All remittances shall be made payable to the "Wyoming State Board
				of Control". When required, a payment of fees should be attached to the
				petition itself or to the cover letter.
(b) The following fee is required in
				conjunction with the adjudication of a surface water right by the Wyoming State
				Board of Control.
(i) Proof of appropriation
				excluding advertising................$20.00
(ii) Fees collected for the adjudication of
				surface water rights are used for the recording of the certificate of
				appropriation and attached pages with the County Clerk in accordance with
				W.S.
				18-3-402. Advertising shall be paid by the
				County in accordance with W.S. W.S.
				W.S.
				41-4-307.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0005 - Surface & Groundwater Applications in Process › Chapter 1 - ESTABLISH PROC TO REJECT OR ADVANCE TO PERMIT STATUS ALL TEMP. FILINGS (REPEALED) › Section 1-6 - Miscellaneous Fees

Current through July 13, 2024
(a) For making
				prints of maps on file. Sizes as specified in W.S. 33-29-139.
(i) "B", "D", or township plat size
				map...........................$1.00
(ii) "E" & "G" size
				map..............................................$1.50
(iii) "F" & larger size
				map...................................... $.75/linear foot
(iv) Minimum Charge (any
				map)....................................$1.00
(v) Mylar map
				copies................................. Commercial rates
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 1 - PROCEDURE FOR OBTAINING SURFACE WATER RIGHT › Section 1-1 - Authority

Current through July 13, 2024
Section 41 - 201, Wyoming Statutes 1957, provides that an
				  application must be submitted and a permit secured from the State Engineer
				  before construction work begins on any development involving the use of water
				  within the State. The preparation of this application and the map which must
				  accompany it, requires the services of a professional engineer or land surveyor
				  who is licensed to practice under Wyoming law, except as specified in Sections
				  6 and
				  3 of
				  Chapter V and in Chapter VI. The engineer or land surveyor will handle the
				  preparation of the application and the accompanying maps, as well as their
				  submission to the State Engineer. The priority of the right will date from the
				  time an acceptable application is received in the State Engineer's
				  Office.
Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 1 - PROCEDURE FOR OBTAINING SURFACE WATER RIGHT › Section 1-2 - Acquisition Procedure

Current through July 13, 2024
The following steps briefly outline the necessary procedure
				  in acquiring a water right:
a. Arrange
				for the services of a licensed professional engineer or land surveyor who will
				make the necessary surveys and prepare the required maps.
b. Filing of applications, maps, plans, and
				fees with the State Engineer.
c.
				Examination and approval by the State Engineer for a permit. Corrections or
				alterations on the applications, maps, and plans may be necessary to obtain
				approval by the State Engineer,
d.
				Commencement of construction within the time allowed in the permit. Notice of
				this commencement of work must be received by the State Engineer prior to the
				expiration of the time allowed for commencement of construction work.
e. Completion of construction work within
				time allowed in the permit. Written notice of the completion of construction
				must be received by the State Engineer prior to the expiration of the time
				allowed for completion,
f.
				Completion of application of water to beneficial use as described in the
				permit, and notice to the State Engineer of the completion of application.
				Written notice must be received by the State Engineer prior to the expiration
				of the time allowed for completion of application of water to beneficial
				use.
g. Three months before the
				expiration of the time for commencement or' completion of work and completion
				of the application of water to beneficial use, the holder of the permit will be
				notified by Certified Mail, Return Receipt requested, that the time allowed
				will expire. Default by the holder of the permit in any of the specified
				requirements shall work a forfeiture of the permit and upon such default, the
				State Engineer may cancel the permit.
h. Submission of proof of appropriation of
				water to beneficial use, or proof of construction of reservoir, to the Water
				Division Superintendent.
i.
				Issuance and recordation of a certificate of appropriation or a certificate of
				construction by the State Board of Control, which a evidence of an adjudicated
				water right.