Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-17 - Involuntary Abandonment

Current through July 13, 2024
An involuntary abandonment is the forfeiture of a water right
				  which has not been exercised for at least the five successive years past when
				  water was available to satisfy the water right. Years during which a water
				  supply was not available are not included. A petition for involuntary
				  abandonment may be brought before the State Board of Control by any
				  appropriator whose water right might 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. Standing is determined by
				  demonstrating that the petitioner holds a valid adjudicated water right or
				  permit to appropriate water from the same source of supply which is equal to or
				  junior in date of priority to the water right for which abandonment is sought,
				  or a surplus water right if the water right sought to be abandoned has a
				  priority date of March 1, 1945, or earlier. A petition for involuntary
				  abandonment requires a fee (see Board Fee Schedule) for each appropriation for
				  which abandonment is sought. Statutory authority for this type of petition and
				  matters related is found in
				  W.S.
				  41-3-401, and the contested case procedures
				  set out in these regulations. The State Engineer may also initiate abandonment
				  proceedings under certain conditions as stated in W.S. W.S.
				  W.S.
				  41-3-402. A petition for declaration of
				  abandonment must be supported by complete documentation which shows the
				  ownership of each challenged appropriation, and the appropriation (s) upon
				  which the petitioner relies for standing so that the Board's staff may provide
				  notice to all persons known to have any interest in the proceedings. The
				  petitioner is required to specifically list the lands served by each challenged
				  appropriation, and to name all persons known or believed to have any ownership
				  interest. The Board's staff may be contacted for assistance in describing
				  adjudicated appropriations to be placed in contest, and the State Engineer's
				  Office may be contacted for assistance in describing unadjudicated permits to
				  appropriate water. The respective county records and all other readily
				  available public records should be searched by the petitioner to obtain the
				  names and addresses of the owners. As a minimum, the petition should reference
				  the appropriations' names shown on the records of the Board and provide current
				  ownership information. If the petitioner desires to use surplus water for
				  standing, it must be clearly described in the petition how the standing is
				  determined. The petition should be substantially in the form indicated below
				  and must contain the following information:
a. HEADING -- Sufficiently describe and
				identify the appropriation(s) for which a declaration of abandonment is
				sought.
b. OPENING STATEMENT -
				Identify the contestant(s) , and show a mailing address, and give a general
				introduction.
c. BODY -
ITEM 1 -- Show that the contestant (s) is the owner (s) of
				  the appropriation for which standing is claimed. Identify the appropriation by
				  the name of the original appropriator, the name of the ditch, the source of
				  supply, the permit number, and the priority. Also describe the lands under the
				  appropriation. Indicate that proof of ownership from the county clerk or other
				  acceptable documentation accompanies the petition.
ITEM 2 -- Set forth the present ownership and completely
				  describe the appropriation for which a declaration of abandonment is sought,
				  showing the name of the original appropriator, proof number, stream, ditch,
				  permit number, and priority. State that proof of ownership from the county
				  clerk or other acceptable documentation accompanies the petition.
ITEM 3 -- State and fully describe the factual basis upon
				  which the petitioner claims standing.
ITEM 4 -- State that water has not been applied to beneficial
				  use for at least five successive years last past when water was available for
				  use. The five years need not to be consecutive if there were intervening years
				  when water was not available. However, the specific five years at issue must be
				  specified in the petition.
ITEM 5 -- State and fully describe how the petitioner's water
				  right(s) will be benefited by the abandonment, or how the petitioner's water
				  right(s) will be injured by the reactivation of the water right for which
				  abandonment is sought.
d.
				PRAYER -- Follow the format set out in the sample petition in Appendix A of
				these Regulations and Instructions.
e. If the petition seeks abandonment of only
				portions of an appropriation, the Board may require a map or maps be submitted.
				Where less than full 40-acre subdivisions are sought for abandonment, map(s)
				shall be submitted showing the situation as it currently exists on the ground,
				including a description of the portion of each 40-acre subdivision for which
				the water rights are sought to be abandoned.
f. The division superintendent shall notify
				the holder of the water right (s) sought to be abandoned by certified mail that
				a hearing will be held. The hearing shall be conducted pursuant to all
				applicable provisions of the Wyoming Administrative Procedure Act. All notices
				shall advise interested parties of the time, place and purpose of the hearing.
				The parties initiating abandonment actions are designated as contestants. Water
				right holders or other persons with interest in the water right(s) sought to be
				abandoned are designated as contestees. Where notice by certified mail cannot
				be accomplished, an advertisement published once a week for three consecutive
				weeks in a newspaper of general circulation in the county in which the
				abandonment is alleged to have occurred, naming the parties in the case and
				setting the time, place and purpose of the hearing is sufficient. The costs of
				advertising shall be paid by the contestant.
g. A transcript shall be made of the hearing
				and delivered to the Cheyenne Board office. The contestants shall pay for the
				costs of establishing the record of the proceedings. At the conclusion of the
				hearing, a report of the division superintendent shall be transmitted to the
				Board by the division superintendent. As soon thereafter as may be possible,
				the Board shall vote to declare the water right(s) in question abandoned,
				either in whole or in part, or vote to deny the petition.