Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0006 - Surface Water › Chapter 9 - PETITIONS › Section 9-4 - Petition for Change of Point of Diversion and Means of Conveyance

Current through July 13, 2024
a. This petition is filed when it is proposed
				to divert and convey the appropriation involved through a new or an existing
				ditch. A petition for a change of point of diversion and means of conveyance
				must meet the following requirements:
(1)
				HEADING -- State the purpose of the petition, identify the ditch 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 ditch 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,
(4) ITEM 2 -- Give the
				status of the permit, such as "Permit No. 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 present
				head gate location and the proposed new point of diversion.
(6) ITEM 4 - Describe by legal subdivision,
				section, township and range, the acreage of land described in the permit. (If a
				partial change is proposed, state that the lands remaining under the permit are
				unaffected by the petition.)
(7)
				ITEM 5 -- Indicate the reason for the proposed change,
(8) ITEM 6 -- State whether or not there are
				any intervening points of diversion (head gates) between the present point of
				diversion and the new point of diversion,
(a)
				If there are intervening points of diversion, the written consent of the
				intervening ditch owners must be secured. If the written consent of the
				intervening ditch owners cannot be secured, a hearing must be held before the
				State Engineer or his duly authorized representative, as provided by Section 41
				- 10.4(e), Wyoming Statutes 1957 (Laws 1965). for suggested Consent format, see
				Chapter XI, page 112.
(9) ITEM 7 - State whether or not there are
				any intervening tributaries or other sources of water between the present point
				of diversion and the new point of diversion.
(10) ITEM 8 -- State chat the petitioner is
				the sole owner of both ditches. If the petitioner is not the sole owner of both
				ditches, the petition must be accompanied by the written consent of all the
				owners of both ditches.
(11) ITEM 9
				-- State whether or not any other appropriator from the same source of supply
				will be injured.
(12) ITEM 10 --
				The accompanying map must accurately show the location of both ditches, the
				stream from which the water is diverted, and the lands which will be affected
				by the change.
(13) ITEM 11 --
				Indicate the amount of fees which accompany the petition.
(1 4 ) PRAYER -- The prayer of the petitioner
				should set-out the results the petitioner desires to accomplish.