Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-12 - Change of point of diversion -Surface Water

Current through July 13, 2024
The required contents for a petition for change of point of
				  diversion of surface water are stated in
				  W.S.
				  41-3-114(ditch) or
				  41-3-329(reservoir).
				  The following information is required:
a. HEADING -- Show ample description and
				identification of the ditch (or reservoir) and appropriation to be
				changed.
b. OPENING STATEMENT -
				Identify the petitioner; show a mailing address and give a general
				introduction.
c. BODY -
ITEM 1 -- Show that the petitioner is either the sole or
				  partial owner of the ditch or facility for which a change in point of diversion
				  is to be requested, give the name of the ditch or facility, source of supply,
				  permit number, and priority, and identify any documentary evidence of ownership
				  being furnished with the petition.
ITEM 2 -- Identify the original appropriator, and give the
				  name of the ditch (or reservoir), the proof number, the Order Record Book and
				  page number, the Certificate Record Book and page number, and the priority date
				  of all adjudicated appropriations and all permits in good standing which
				  utilize the point of diversion which is to be changed.
ITEM 3 -- Set forth the change that is desired, describing in
				  detail both the original point of diversion and the proposed new point of
				  diversion (or new reservoir location). Describe the acreage under each
				  appropriation to be changed and give a short statement of the necessary
				  physical work to accomplish the proposed change in point of diversion.
ITEM 4 -- Give reasons why the proposed change is
				  desirable.
ITEM 5 -- Indicate whether or not there are any intervening
				  diversions between the original and proposed new point of diversion (or new
				  reservoir location). If there are intervening diversions, identify them and
				  indicate their location by subdivision, section, township and range. Show
				  whether or not consents to the proposed change have been obtained from the
				  intervening appropriators. Written consents should be obtained and submitted
				  along with the petition (a sample consent form is included in Appendix A with
				  these Regulations and Instructions). If consents cannot be obtained, a hearing
				  must be held. It is the policy of the Board that a change in point of diversion
				  will be limited to the amount of water available in priority at the original
				  point of diversion.
ITEM 6 -- Identify all intervening tributaries or other
				  sources of supply. If there are none, make a simple statement to this
				  effect.
ITEM 7 -- State whether or not any other appropriator from
				  the same source of supply will be injured in any way.
ITEM 8 -- A map is required and must show the location of the
				  present point of diversion, the proposed new point of diversion, with both
				  locations properly tied to a corner of the public land survey. It also should
				  show the location of all intervening points of diversion.
The location of the new portion of the ditch (or reservoir)
				  also should be shown on the map. The map must show the lands irrigated which
				  are involved in the change.
d. PRAYER -- State, in summary, specifically
				what is desired to be accomplished by the petition.
e. No fees are required in connection with a
				petition for change in point of diversion (or change in reservoir
				location).
f. A change of point of
				diversion petition may not be necessary if the new point of diversion for the
				entire facility is in the same 40 acre subdivision as the record point of
				diversion, if there are no intervening points of diversion or intervening
				sources of supply, and if there are no injury concerns.
g. This outline and sample petition in
				Appendix A of these Regulations and Instructions are intended to apply to the
				typical petition which might be filed with the State Board of Control. If a
				proposed petition appears to involve too many appropriations to conveniently
				list the land descriptions in the petition or to readily show the lands on the
				map, it is suggested that an inquiry be directed to the Board explaining the
				situation and asking advice as to how to proceed.
h. An alternate point of diversion may be
				requested using the same instructions described above.