Wyo. Code R. 037-0004-2
Effective Date: 03/05/1974 to Current
Rule Type: Current Rules & Regulations
Reference Number: 037.0004.2.03051974
CHAPTER II
GROUND WATER RIGHT
Section 1. Authority. Section 41-138, Wyoming Statutes 1957, as amended by Section 6, Chapter 213, Session Laws of Wyoming 1969, provides that an application must be submitted and a permit secured from the State Engineer before any ground water diversion (including test holes for a larger well) is constructed. If any well constructed for any other purpose is found to be suitable for the withdrawal of ground water, a permit must be obtained before the water is utilized.
Section 2. Acquisition Procedure. The following steps briefly outline the necessary procedure for obtaining a ground water right:
a. An application must be submitted to the State Engineer's Office, accompanied by the legally required Two Dollar ($2.00) filing fee. A separate application is required for each well.
b. Upon receipt in the State Engineer's Office, the application will be reviewed. If there are any questions to be resolved, the applicant or his agent, if any, will be contacted. If the requested information is not submitted within 90 days of the date the information is requested, the application will be submitted to the State Engineer for rejection. The applicant will be notified by certified mail before the application is rejected.
c. When in proper form, the application is approved by the State Engineer, and becomes a ground water permit. The permit is assigned a number, and a copy of the approved permit is returned to the applicant (permittee). An application for a permit in any area not designated as a control area, shall be granted as a matter of course, if the proposed use is beneficial and would be in the public interest.
d. The permittee should read and understand all limitations on the approved permit. Besides the standard limitations printed on the permit and inherent under the law, additional limitations deemed necessary by the State Engineer may be added prior to approval of the permit.
e. The permittee is required to submit written notification to the State Engineer's Office of the date the well is commenced; the date it is completed, with pump or valve; and the date the water is beneficially used for the purposes specified in the permit. The permittee is also required to submit information on water levels, a driller's log, and other pertinent data relating to the well.
f. For all wells, with the present exception of strictly domestic and/or stock wells, a map certified by a licensed professional engineer or land surveyor, must be submitted at the time the Proof of Appropriation and Beneficial Use of Ground Water form is submitted. This map and
other required notices will form the basis for adjudication of the water right. See Chapters V and VI for mapping requirements.
Section 3. General Requirements for Application and Registration Forms. Application or registration forms must not be folded or defaced either by crossing out or erasing printed matter, or by pasting sheets of paper over the printed matter. Applications and registrations should be typed or completed neatly with black ink. If the form does not allow for proper explanation of a proposed appropriation or registration, do not cross out printed matter, but make an explanatory note in the space provided for 'REMARKS'. All applications or registrations must be signed and dated by the applicant or his authorized agent.
If the application is in the name of a company, corporation, municipality or other entity, the title of the person signing the application must be provided directly behind or below the signature.
Section 4. Applications for New Wells. An application, Form U.W. 5 -- 'Application for Permit to Appropriate Ground Water', must be filed, and a permit secured from the State Engineer, before initiating construction of any well or other works which would utilize ground water, including domestic and/or stock wells. An approved permit must also be obtained when a well is completed for any non-water related activity (i.e. mineral exploration, seismograph, etc.) and is then converted so that water can be withdrawn and beneficially used. The application for permit must be completed by the applicant or his authorized agent, and submitted to the State Engineer's Office with the legally required Two Dollar ($2.00) filing fee.
Section 5. Application for Permit to Appropriate Ground Water in a Control Area. The procedure for obtaining an approved Permit to Appropriate Ground Water in a Control Area for any use other than domestic and/or stock watering purposes consists of the following steps:
a. An 'Application to Appropriate Ground Water' must be filed in the State Engineer's Office.
b. The application is then processed by the ground water staff of the State Engineer's Office.
c. After the application is filed and processed, it is advertised for three (3) consecutive weeks in a newspaper of general circulation in the area where the well is to be located. The advertising procedure provides notice to other appropriators holding existing ground water rights that a ground water development is proposed and it affords them with an opportunity to voice valid objections to the granting of a permit for the proposed development.
d. Consideration of the application by the Control Area Advisory Board and any objections filed to the granting of the permit follows the advertising. If the Control Area Advisory Board desires additional information, the applicant, and if a protest has been filed, the protes-
tant, will be invited to appear informally and discuss the matter before the Board. The Control Area Advisory Board then submits its recommendation to the State Engineer, either for approval or to hold the application until it is known that there is ground water available within the Control Area which has not been appropriated.
e. The State Engineer, acting with the knowledge of and the advice and recommendations of the Control Area Advisory Board, will then take the application under consideration. If it is determined valid protests to the granting of the permit have been filed, the State Engineer must hold a public hearing. If no protests have been filed, or if protests have been filed and a public hearing has been held, and the State Engineer determines that there is ground water available in the Control Area, he may issue a Permit. If the State Engineer determines that there is no ground water available which has not been previously appropriated within the Control Area, and determines that additional new development would have a detrimental effect on other established appropriators, he may refuse to grant a Permit.
Section 6. Application for the Appropriation of By-Product Water. The appropriation of by-product water by ground water procedures (see Chapter I, page 6, for qualifications) is to be filed on the 'Application for Permit to Appropriate Ground Water' (Form U.W. 5). Some modification of various items on the application form will be necessary, depending on whether oil and gas activities or various methods of mining are resulting in the production of such by-product water. If a well drilled for some non-water related activity is converted to use as a water well, the application will not need any modification.
If the by-product water is to be appropriated by someone other than the developer of by-product water, a copy of the executed agreement between the developer-grantor and the applicant-grantee must accompany all applications to appropriate by-product water using ground water procedures.
a. In the case of oil well separators, the number of producing oil wells tied to the separator and the formation(s) from which they are producing must be given in the 'REMARKS' portion of the application. The location of the separator is required as are the point(s) or area(s) of use. Immediately following Item No. 6 on the application form (the proposed depth of the well), it must be noted that the facility is an oil well separator.
b. When by-product water resulting from underground mining activities is to be appropriated, the location of the mine sump and the point(s) or area(s) of use must be shown on the application form. It should be noted in the 'REMARKS' portion of the application that underground mining is involved. Some modification of Item Nos. 6 and 7 on the application form will be necessary.
c. When by-product water from open-pit mining activities is to be appropriated, the State Engineer may waive the specific 40-acre location
requested in No. 5 on the application form. In lieu of the specific 40-acre location, the applicant will be required to specify the boundaries within which the open-pit mining is to take place and also provide an estimate of the time schedule for the mining operation.
If the application is granted and a permit issued, an annual report will be required giving the progress of the mining operation, the present location of the open-pit and the present area(s) or point(s) of use. In addition to these items, the State Engineer may impose any other conditions and/or limitations he deems necessary to administer such appropriations of by-product water.
Section 7. Application for the Appropriation of Spring Water. The appropriation of spring water by ground water procedures (see Chapter 1, page 6 for qualifications) is to be filed on the 'Application for Permit to Appropriate Ground Water' (Form U.W. 5). All of the requested information must be provided. The fact that a spring is to be developed and the proposed method of development must be noted in the 'REMARKS' portion of the application.
Section 8. Application to Deepen an Existing Well. Form U.W. 6-69, 'Application to Deepen an Existing Well', should be submitted prior to deepening a recorded well when the yield will not be increased above the original appropriation and when the use or uses will not be changed. The form is self-explanatory, and any unknown information can be obtained from the original Permit and Statement of Completion. The present depth and proposed depth must be shown, and the reason for deepening the well explained. The form must be signed and dated by the applicant.
Section 9. Registration of Stock and/or Domestic Wells Completed Prior to May 24, 1969. Domestic and stock wells completed prior to May 24, 1969, may be registered with the State Engineer on Form U.W. 7 -- 'Statement of Completion and Description of Well'. Such registration is not compulsory; but in cases of conflict between water users, registration will be required to show priority dates and information on well construction. All existing domestic or stock wells which were properly registered prior to December 31, 1972, will have a priority as of the date of completion of the well. Existing wells registered after December 31, 1972, will have a priority as of the date of filing with the State Engineer's Office. Each well must be filed on a separate form, and the Two Dollar ($2.00) filing fee must accompany each registration.
Section 10. Adjudication Procedure. The adjudication or 'finalization' of a ground water right is the final step in the perfection of a ground water right. The purpose of adjudication is to establish and fix the amount of the appropriation, the use(s) to which the water can be applied and also the point(s) and/or area(s) of use.
The adjudication procedure involves the following steps:
a. An approved 'Permit to Appropriate Ground Water' must be ob-
tained from the State Engineer before any type of water well construction can commence.
b. Following completion of the well, a 'Statement of Completion and Description of Well' form must be completed and submitted to the State Engineer's Office.
Steps (a) and (b) are required for all wells. The adjudication procedure starts after the water is put to beneficial use and is presently required for all ground water rights except those being utilized for domestic and/or stock purposes.
c. The third step involves three parts. Part I is the submission of the 'Proof of Appropriation and Beneficial Use of Ground Water' (Form U.W. 8) which indicates that the water has been applied to all the beneficial uses for which the water was appropriated.
Part II is a linen plat, or in certain instances, a quadrangle map, certified by an engineer or land surveyor licensed to practice within the State of Wyoming must accompany the Form U.W. 8. If a linen plat must be prepared, it must show the exact location of the well by bearing and distance from a known public land survey corner, and the exact location(s) or the point(s) or area(s) of use. If circumstances warrant the use of a quadrangle map, the location of the well and the point(s) or area(s) of use must be shown and clearly identified on the quadrangle map. Further information concerning the mapping requirements is found in Chapter V.
Part III is a field inspection. After the linen plat or quadrangle map and the 'Proof of Appropriation and Beneficial Use' have been submitted to the State Engineer's Office, a representative of the State Engineer conducts a field inspection of the development to insure the accuracy of the plat or map and to measure the exact yield of the well. The field representative will collect pump and motor data (serial numbers, horsepower, size, etc.) at this time and also the legally required fees. (See Chapter 1, Section 8.)
d. Following the field inspection, the final proof will be advertised in a newspaper of general circulation within the county in which the well is located. This is to provide other appropriators with the opportunity to submit valid protests to the adjudication of the water right.
e. The final proof is then submitted to the Board of Control for their consideration. If the water right is approved by the Board of Control for adjudication, an Order is entered and a Certificate is issued, giving the permit number, appropriator's name, address, the name and location of the facility, the use(s) to which the water is to be applied, the point(s) or area(s) of use and the priority date.
If a protest to the adjudication of a ground water right is filed, a public hearing is held by the appropriate Water Division Superintendent for the purpose of providing all interested persons with an opportunity to be heard. Following the hearing, the Board of Control will
issue an Order either approving or rejecting the adjudication of the water right. Anyone dissatisfied with a decision of the Board of Control has the right of appeal to the Courts as outlined in Chapter 1, Section 23, Page 7.
f. After the Certificate of Appropriation has been issued by the Board of Control, it is sent to the County Clerk of the county in which the well is located to be recorded and is then forwarded to the appropriator. A permanent record of the Certificate of Appropriation is also kept on file in the office of the Board of Control in Cheyenne.
a. The general requirements for application and registration forms (see Section 3 of this Chapter) also apply to 'Statement of Completion and Description of Well' forms (Form U.W. 6 and U.W. 7) and 'Proof of Appropriation and Beneficial Use of Ground Water' (Form U.W. 8). All forms will be examined by the State Engineer's Office, and if found to be acceptable, will be considered for approval. If a 'Statement of Completion and Description of Well' form or a 'Proof of Appropriation and Beneficial Use of Ground Water' form is not complete, or it is defective in some way, the permittee will be requested to provide the information necessary to place the document in proper order. If necessary, the form will be returned to the permittee by certified mail for correction. The reasons for such return and the time allowed to make the necessary corrections (usually 90 days) shall be stated by letter accompanying the form. If the form is not returned to the State Engineer within the specified time period, or if the permittee fails to furnish the requested written information, the permit may be cancelled. The permittee may request additional time to make such corrections, explaining why such an extension is required. A written request for an extension of time must be received in the State Engineer's Office before the expiration of the time period.
b. If Part I of a 'Proof of Appropriation and Beneficial Use of Ground Water' form (Form U.W. 8) is received in acceptable condition, but without Part II, the required map, a period of 6 months will be allowed to submit the map. The information submitted on Form U.W. 8 and the map will be used as a basis for the adjudication of the ground water right.
Section 12. Certificates of Ownership. The Certificate of Ownership provides proof of land ownership for the purpose of adjudication. The Certificate of Ownership is usually a Certificate from the County Clerk, but it could be some other document such as, a copy of the warranty deed or land contract. If the lands involved are being purchased by the appropriator, a consent to the adjudication must be submitted by the sellers when the final proof is submitted. If the ownership is joint in nature, all co-owners must either join in as co-appropriators or consent to the adjudication.
When all or part of the lands involved are owned by a federal agency,
some written documentation authorizing access to the lands (i.e., special use permit, lease, etc.) must be provided. If the lands involved are State of Wyoming lands, both the names of the appropriator-lessee and the State of Wyoming-lessor will appear on the final proof.
In some cases where ground water has been appropriated for industrial use (i.e., secondary recovery operations, mineral exploration or mineral development) a copy of the executed mineral lease or those portions of the executed Unit Agreement which describe the land(s) involved will serve as a Certificate of Ownership.
a. Methods of Acquisition. The right to divert or store water for temporary purposes, including highway or railroad roadbed construction or repair, drilling and producing operations, etc., can be acquired by following the same procedures as for other uses or by complying with the provisions of Sections 41-10.1 and 41-10.2, Wyoming Statutes 1957 (Laws 1959), as amended by Sections 1 and 2, Chapter 193, Session Laws of Wyoming 1971.
b. Application for Permit.
(1) If a right is to be acquired by submitting an application for a permit to the State Engineer, the procedure followed is generally the same as for filing applications for permits for other uses.
(2) The priority of a right filed for these temporary purposes is the date the application for a permit is accepted in the State Engineer's Office.
(3) Such a right is issued only for a limited time, generally only long enough to complete the temporary use, after which the permit is automatically cancelled.
c. Temporary Acquisition of an Existing Right.
(1) A second means of acquiring the right to the use of water for these various temporary purposes is by following the provisions of Sections 41-10.1 and 41-10.2, Wyoming Statutes 1957 (Laws 1959), as amended by Sections 1 and 2, Chapter 193, Session Laws of Wyoming 1971. This legislation authorizes the temporary acquisition of an existing adjudicated or valid unadjudicated water right, not to exceed a two-year period of time, for temporary use in connection with highway or railroad roadbed construction, drilling and producing operations, or other temporary purposes.
(2) In order to make such temporary change in use, it is necessary that a written agreement between the temporary user of the water and the owner of the water appropriation be filed with the State Engineer.
(3) In the case of temporary use of water for highway con-
struction, the law requires that the agreement be between the Wyoming State Highway Department and the owner of the water appropriation. When County highways and private roads are involved, the Agreement is to be between the contractor and the owner of the water appropriation.
(4) This agreement must identify the water right to be utilized to supply water for the temporary use, its source of supply, priority, the amount of appropriation, point of diversion, and the amount of water to be diverted by such temporary use.
(5) Agreement forms for temporary highway use are available from the Wyoming Highway Department through the Highway District or Resident Engineer, and are self-explanatory. Agreement forms for other temporary uses are available from the State Engineer's Office and the local Water Commissioners.
(6) A sketch map must accompany the agreement showing the location of the well, the record point of diversion, the temporary users point of diversion, a general layout of the system, and the point where the temporary use will be made. It is suggested that U.S.G.S. Quadrangle maps, or the county maps produced by the Wyoming Highway Department or any other good reliable map of the area involved should be used as a basis for the required map.
(7) A notation should also be placed on the sketch map or accompanying the map, describing generally how the water will be diverted, the maximum rate of diversion, and a description of the general system.
(8) A sample map on page 49 shows the required information for temporary highway use. A sketch map for other temporary uses should incorporate the same general information as shown on the sample highway map.
Section 14. Assignment of Permit. When a permit or an interest therein is transferred or assigned, the assignment should be recorded in the office of the State Engineer. All water rights will generally attach to the land or point of use, except in instances where the water right is specifically reserved at the time the permit is issued.