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. 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 -
(i) 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.
(ii) 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.
(iii) ITEM 3 - State
				and fully describe the factual basis upon which the petitioner claims
				standing.
(iv) 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.
(v) 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.