Wyoming Administrative Code › Agency 037 - Engineer, State › Sub-Agency 0007 - Board of Control - Water Administration › Chapter 5 - PETITION INFORMATION › Section 5-14 - Correction or Amendment of Certificate of Appropriation

Current through July 13, 2024
The authorization for this petition and provisions pertaining
				  to hearing, costs, endorsement on the records, and other matters are found in
				  W.S.
				  41-4-514 through W.S. W.S.
				  W.S.
				  41-4-517. The following information is
				  required:
a. HEADING -- Show
				sufficient description and identification of the appropriation or
				appropriations to be amended.
b.
				OPENING STATEMENT - Identify the petitioner, and give a mailing address and a
				general introduction.
c. BODY -
ITEM 1 -- Indicate whether the petitioner is the sole or part
				  owner of the appropriation and of all or part of the lands described in the
				  appropriation. Mention inclusion of proof of ownership.
ITEM 2 -- Describe in complete detail the appropriation which
				  will be affected by the petition by showing the name of the original
				  appropriator, proof number, stream, ditch, permit number, priority, Order
				  Record Book and page number, and Certificate Record Book and page
				  number.
ITEM 3 -- Delineate the lands under the appropriation by
				  legal subdivision which are currently irrigated or proposed to be
				  irrigated.
ITEM 4 -- Give sufficient reason for the change requested.
				  Mention briefly the occurrence of error or other circumstances and history that
				  might justify the requested correction or amendment.
ITEM 5 -- Fees are required for a petition of this type,
				  unless it is clearly evident the error to be corrected was originally by the
				  Board (see Board Fee Schedule).
ITEM 6 -- State conclusively whether or not any other
				  appropriators from the same source of supply will be injured in any way.
ITEM 7 -- State that the required map accompanies the
				  petition. The map must show the location of the ditch and the lands irrigated
				  therefrom. The lands proposed to be excluded and the lands proposed to be
				  included must be shown on the same map by different cross-hatching.
d. PRAYER -- Set forth, in
				summary, specifically what is desired to be accomplished by the
				petition.
e. If an error in the
				original appropriation is to be corrected and the proposed change concerns
				lands now owned by another, the owner's written consent should accompany the
				petition. If consent cannot be obtained, a hearing may be required.
f. A petition may also be filed when lands
				with attached adjudicated water rights have become seeped or otherwise unfit
				for the production of crops by irrigation, and it is the desire of the
				appropriator to amend the land description in the certificate of appropriation
				by excluding these lands and substituting other suitable lands of equal or less
				area in lieu thereof. The amended area may not exceed the area actually
				irrigated under the original right.
g. A hearing may be required for all
				petitions where the redescription of the appropriation includes lands not in
				the original description of the appropriation, except in the case of simple
				clerical error.
h. This type of
				petition is also used to redescribe territorial "blanket descriptions" and
				court decree rights so as to reflect on the record the actual situation on the
				ground. Typically, this type of petition must be filed before lands can be
				sold, since the buyer wants to know exactly where the water rights are located.
				This type of petition may also be necessary in situations involving a change to
				a preferred use.
i. Petitions may
				not be approved which would activate a water right, which has not been
				exercised for at least five years when water has been available for
				use.
j. Petitions to correct or
				amend the description of ground water appropriations must be accompanied by
				copies of the pumping power records for at least the five-year period prior to
				the petition filing date (see sample petition in Appendix A of these
				Regulations and Instructions).