Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 4 - ADJUDICATION OF PROOFS › Section 4-2 - Ground Water Proofs

Current through July 13, 2024
a. Rights to the
				use of ground water shall be adjudicated by the State Board of Control as
				provided in
				W.S.
				41-4-511 (see also W.S. W.S.
				W.S.
				41-4-513 ).
b. To adjudicate a ground water right,
				various steps must be taken by the water user, by the State Engineer's Office,
				and by the State Board of Control. The following is a brief outline of the
				basic procedure:
(1) PERMIT - A permit (Form
				U.W. 5) must be approved by the State Engineer before commencing the
				construction of any well (including test holes). Unless otherwise extended, the
				permittee has one year from the date the permit is approved by the State
				Engineer in which to commence the construction of the well.
(2) STATEMENT OF COMPLETION - This form (Form
				U.W. 6) is required to be submitted within 30 days after the well has been
				completed with a permanent pump. If the well is a flowing well, the Statement
				of Completion must be submitted within 30 days of completion of the well with
				valve or other acceptable control device.
(3) PROOF OF APPROPRIATION AND BENEFICIAL USE
				OF GROUND WATER - This form (Form U.W. 8) consists of three separate parts.
PART I - This portion is required to be submitted to the
				  State Engineer by December 31 of the year following the year in which the
				  application was approved by the State Engineer, or prior to such time stated in
				  a letter of extension. Part I contains information detailing the date and type
				  of beneficial use.
PART II - This part of the Beneficial Use Notice is to be
				  submitted with Part I. Part II is an acceptable plat of the completed facility,
				  or a topographic map in acceptable form. The plat or topographic map must be
				  prepared in accordance with the map instructions of the State Engineer's
				  Office, Ground Water Division. Acceptable proof of ownership must accompany all
				  plats submitted.
PART III - After all required notices and the certified plat
				  have been submitted to the State Engineer's Office, a representative of the
				  State Engineer or the water division superintendent will conduct an
				  on-the-ground inspection of the facility to determine if the terms of the
				  permit have been met. The person conducting the inspection will submit a
				  written inspection report to the Board for its consideration.
For the holder of a water right under a Statement of Claim or
				  Well Registration to obtain an adjudicated ground water right, only Part II and
				  Part HI must be completed.
(4) The proof, advertising, and recording
				fees are collected for each ground water permit when the executed proof form is
				returned by the applicant.
(5) The
				proofs taken must be advertised in a newspaper of general circulation in the
				nearby area at least 30 days before any regular meeting of the Board. The
				advertisement shall contain the date, time and place where proofs will be
				available for inspection and the description of the appropriation, as required
				by law. The advertised day or days during which the proofs are being held open
				for inspection must occur at least 15 days in advance of a regular Board
				meeting (see W.S. W.S.
				W.S.
				41-4-511 ). As a matter of administrative
				practice, the advertisement will not begin any earlier than 45 days prior to
				the Board meeting.
(6) After proper
				advertisement of the water right, and if no protest is received, the proof is
				submitted to the State Board of Control for final consideration. If the proof
				is adjudicated, a certificate of appropriation is issued and recorded in the
				county in which the place of use is located and forwarded to the ground water
				right owner.