Wyo. Code R. 037-0004-3
Effective Date: 03/05/1974 to Current
Rule Type: Current Rules & Regulations
Reference Number: 037.0004.3.03051974
CHAPTER III.
Section 1. General Requirements for All Forms. All ground water forms become permanent records in the State Engineer's Office. Forms should be typed or lettered neatly with black ink. Forms should not be folded nor should they be defaced by crossing out or erasing printed matter. A copy of the approved permit will be returned routinely and a copy of all other forms will be returned to the applicant (permittee) or his agent, if requested in writing, after approval. Examples of the completed forms described hereafter are shown in Chapter IV.
Section 2. Application for Permit to Appropriate Ground Water, (Form U.W. 5). An application for a permit to construct a well or other ground water diversion facility, must be submitted on Form U.W. 5. The Temporary Filing No., Permit No., Water Division No., District, and U.W. District will be entered when the form is processed in the State Engineer's Office. The remainder of the form should be completed by the applicant as follows:
a. NAME AND NUMBER OF WELL --A short, distinctive name and number must be assigned to the well or other facility; for example: 'Smith No. 1'.
b. ITEM 1 -- 'Name__ of applicant(s) . . .' -- Include all parties having an interest in the application. All parties designated as landowners under Items 10 and 11, must be shown as co-applicants, or an easement or right-of-way agreement must be submitted with the application.
(1) If the well is to be located on State Lands or if the lands proposed to be irrigated, or on which other beneficial use of water is to be made are State Lands, the State Board of Land Commissioners, State Capitol Building, Cheyenne, Wyoming, 82002, must be named as co-applicant.
c. ITEM 2 -- 'Address of applicant(s) . . .' -- Give the respective mailing address of each applicant.
d. ITEM 3 -- 'Name & address of agent to receive correspondence and notices . . .' -- If the applicant is a company, corporation, agency, or municipality, or if several parties are named as co-applicants, one person should be designated as agent to receive correspondence.
e. ITEM 4 -- 'Use to which the water will be applied . . .' -- Mark the use or uses to which the water will be applied.
(1) Irrigation use is the irrigation of any lands for agricultural purposes not covered by the definition of domestic use.
(2) Municipal use is ground water used within a municipality.
(Ground water provided to non-municipal subdivisions, trailer courts, etc., from private wells is not considered to be municipal use.)
(3) Industrial use includes ground water used in oil field secondary recovery operations, industrial processing and mining.
(4) Domestic use includes household use and the watering of lawns and gardens for noncommercial family use where the area to be irrigated does not exceed one (1) acre.
A well may supply water to more than one, single family dwelling and still be considered a domestic use provided that:
(a) The yield of the well does not exceed twenty-five (25) gallons per minute;
(b) The total area of lawns and gardens to be watered does not exceed one (1) acre in areal extent;
(c) No charge, hidden or otherwise, is levied for the use of the water;
(d) The water is not used in conjunction with a commercial endeavor.
(5) Stock watering is the normal watering of livestock. If feedlot operations are involved, the use should be designated as 'Miscellaneous' and then described in detail in the application.
(6) Miscellaneous uses consist of any other ground water uses not previously described. This would include, but is not limited to, use of water for trailer courts, campgrounds, churches, schools, temporary drilling or other temporary industrial purposes, apartment houses, automobile service stations, motels and subdivision developments with a common well. NOTE: If the use is described as 'Miscellaneous', the use must be described completely and accurately. (Any use not described at the time of filing will be assigned a new date of priority when the adjudication field inspection is made.)
f. ITEM 5 --'Location of the well: . . .' --Name the county in which the well is to be located. Designate the 40-acre subdivision or lot in which the well will be located, and the section, township and range. If the well is to be in a city, town, or platted subdivision, give the lot and block numbers, the name of the subdivision and its location. An example is 'Lot 9, Block 6, of the North Hills Subdivision, of Laramie County, NE ¼ NE ¼ Section 23, T.18N., R. 69W., of the 6th P.M., Wyoming.'
NOTE: A well cannot be located outside the 40-acre tract specified in the application without prior approval by the State Engineer.
g. ITEM 6 -- 'Estimated depth of the well is . . . .' – Complete
the blank space to show approximate planned depth.
h. ITEM 7 -- 'MAXIMUM quantity of water to be developed and beneficially used:...'-- Estimate the maximum amount of water that could be used.
(1) The actual amount, determined after the well has been drilled and tested, must be equal to or less than the amount listed in Item 7. The actual amount will be reported on the Statement of Completion and Description of Well form. If the amount of water to be used exceeds the amount listed in Item 7 of the application, an enlargement application must be filed and approved before the additional water can be used.
(2) If the application is for domestic and/or stock use, the maximum amount allowed by statute is 25 gallons per minute.
(3) Only springs flowing 25 gallons per minute or less, where the proposed use is domestic or stockwatering, will be considered as ground water appropriations.
i. ITEM 8 -- 'If for irrigation use, ...' -- The appropriate box must be checked.
(1) If the land will be irrigated only from the well described in this application, no further notation is needed.
(2) If the land has existing water rights, these rights should be described under 'REMARKS'.
j. ITEM 9 -- 'If for irrigation use, describe MAXIMUM acreage to be irrigated...'-- Describe the number of acres to be irrigated in each 40-acre subdivision. If the actual acreage irrigated when the well is put in production exceeds the amount shown in Item 9 of the application, an enlargement application must be approved before the additional acreage can be irrigated. Designate ownership of land; federal, State, or private. If private, give names of owners.
(1) If the lands are owned by more than one party, indicate which lands are owned by each individual.
(2) If part of the lands are owned by the State and/or federal Government, indicate which lands are owned by the applicant or applicants and which are administered by governmental agencies.
k. ITEM 10 --This item is self-explanatory.
l. ITEM 11 -- The type of irrigation-sprinkler, flood, etc., is to be described.
m. ITEMS 12 and 13 -- These items are self-explanatory. Any unusual situation must be explained under 'REMARKS'.
n. REMARKS --This space is provided for any statement or unusual circumstances peculiar to the application, or if a more complete explanation is needed for certain items. Details of industrial or any other uses should be explained in this section. Water rights or reservoirs that will be used in conjunction with this new ground water supply, if any, must be listed here also. Details of the construction used to develop a spring must be listed here.
o. THE LEGALLY REQUIRED FILING FEE MUST ACCOMPANY THIS APPLICATION --A Two Dollar ($2.00) filing fee is required for each application. An application cannot be accepted for filing unless it is accompanied by this fee.
p. SIGNATURE --The application form must be signed and dated. Only an applicant or his agent may sign the form. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as applicant, a designated official of the organization must sign. The official's title or agent's title should be noted behind or under the signature.
Section 3. Statement of Completion and Description of Well. (Form U.W. 6). Form U.W. 6, 'Statement of Completion and Description of Well', is required by law to be submitted within 30 days after completion of the well, including pump or (in the case of a flowing artesian well) control valve. Most of the items are self-explanatory. The Permit No., Name of Well, Book No., Page No., and Name (s) and address (es) of the applicant (s) will be completed in the State Engineer's Office before the form is sent to the permittee. Other items should be completed as follows:
a. ITEMS 1 through 3 -- These items should be shown as they are shown on the original permit unless ownership has been changed. An explanation of any ownership changes should be provided.
b. ITEM 4 -- 'LOCATION OF WELL' -- The location of the well within the 40-acre subdivision should agree with the original permit. If not, provide an explanation under 'REMARKS'.
(1) If a tie to the well is available at the time the form is submitted, it should be shown under 'Bearing and Distance.'
(2) If no tie is available, the distance, given in feet and in the cardinal directions, from the nearest corner of the public land survey should be shown on the form in the proper place.
c. ITEMS 5 through 12 --These items should be completed with information provided by the well driller and pump installer.
d. ITEM 13 -- 'TABULATION' -- If for irrigation, the land proposed to be irrigated should be shown. Designate ownership of land; federal, State, or private. If private, give names of owners. The tabulation should agree, basically, with the tabulation on the original permit. If
the use of water is other than irrigation, show the area and point (s) of use within each 40-acre subdivision.
e. ITEM 14 -- 'PLAT' -- Accurately show the well location, point (s) of use (s), and sketch the conveyance system on the plat. Because a plat certified by a licensed engineer or land surveyor will also be required when the well is adjudicated, this plat need only be a sketch and does not need to show ties if they are not yet available.
f. REMARKS -- The means of conveying water to the lands or the point or points of use, should be described under 'REMARKS'. In addition, this space should be used to make a complete explanation of any situation that is not explainable in the main body of the form.
g. ITEM 15 -- 'IF WELL IS TO BE ABANDONED, . . .' -- Items 1 through 8 and Item 12 should be completed on the form, and an explanation of why the well was abandoned should be entered under Item 15.
h. SIGNATURE -- The form must be signed and dated by the owner or his agent. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as applicant, a designated official must sign. The official's title or agent's title should be noted under the signature.
Section 4. Statement of Completion and Description of Well for Domestic or Stock Watering Use Only. (Form U.W. 7). The registration of a domestic or stock well completed before May 24, 1969, should be submitted on U.W. 7. If submitted for this purpose, the form must be accompanied by the legally required Two Dollar ($2.00) filing fee. This same form is also used to submit final information on domestic or stock wells completed after May 24, 1969. When the form is used for a permitted well drilled after that date, all requested information must be completed. The Permit No., Water Division No., and U.W. District will be entered in the State Engineer's Office. The remainder of the form should be completed by the applicant as follows:
a. NAME OF WELL -- If the form is being used to register a well, a short, distinctive name and number must be assigned to the well; for example: 'Smith No. 1'. If the form is used as a Statement of Completion for a permitted well, the name and number must be identical to the name and number on the permit.
b. ITEM 1 -- 'Owner' -- If the land on which the well is located is owned by more than one party, all landowners must be named as co-owners.
c. ITEM 2 -- 'Address' -- Mailing addresses must be shown for each respective owner.
d. ITEM 3 -- 'Agent to receive correspondence...' -- If several parties are named as owners, one party must be designated as agent to receive correspondence.
e. ITEMS 4 through 7-- These items are self-explanatory. On wells drilled before May 24, 1969, if the driller is unknown, this fact must be noted.
f. ITEM 8 -- 'Means of conveyance, distance and direction to point of use . . . .' -- Indicate distance and direction from the well to the point or points of use, and explain how the water is conveyed. If necessary, submit a diagram on a separate sheet of paper. An example of the type of entry here is: 'Water is conveyed to stock tank 100' SW of the well by 1' buried plastic pipe.'
g. ITEMS 9 through 11 -- Dates are required on all wells. The dates provided should be as accurate as possible, even though they are only good estimates.
(1) The priority date for wells completed prior to May 24, 1969, and registered before December 31, 1972, will revert to the date the well was completed and the water beneficially used. (A well is not considered complete until the pumping facility has been installed.)
h. ITEMS 12 through 17 -- If information relating to the well description, test data, pump data, casing record, and other well characteristics is not known, it should be obtained from the driller. If any of the information cannot be obtained for old wells, insert 'not available' for that item, but provide a reasonable estimate whenever possible; however, Item 14 (Amount of Water being Used) must be completed for all wells.
i. ITEM 18 -- 'LOG OF WELL...' -- The log (description of the type of rocks encountered during drilling) should be obtained from the driller. On older wells, if a log is not available, please so indicate. Logs must be submitted for all wells drilled after May 24, 1969.
j. ITEMS 19 and 20 -- These items are self-explanatory.
k. WELL LOCATION (on the first page of form) -- Locate the well by county, and specify the 40-acre tract, section, township and range. Mark the diagram accurately to show the well location in the small square representing 40 acres. The written description and the plat location must agree.
(1) If two or more wells are located in the same 40 acres, a distance measurement between them must be shown; for example: 'Smith No. 1 Well is 200' south and 100' west of Smith No. 2 Well'.
(2) If the well is located in a resurvey lot or tract, please give the resurvey lot or tract number and the original survey section number, township and range. This information can usually be obtained from the County Clerk's Office.
(3) If the well is in a city, town, or platted subdivision, complete the information in the lower part of the WELL LOCATION block.
Give the lot and block numbers, the name of the subdivision and its location; for example: 'Lot 9, Block 6 of the North Hills Subdivision of Laramie County, NE ¼ NE ¼ Section 23, T.18N., R.69W.'
(4) The location on a Statement of Completion for a permitted well must be identical with the location on the permit, or an explanation must be provided under 'REMARKS'.
(5) If any of the information contained on the application form is no longer correct (such as the applicants name, address, etc.) a notation should be made in the 'REMARKS' portion of the Statement of Completion providing the State Engineer's Office with the correct, current information.
1. SIGNATURE -- The application form must be signed and dated. Only an applicant or his agent may sign the form. If the well is owned by more than one individual, only one need sign.
Section 5. Proof of Appropriation and Beneficial Use of Ground Water. (Form U.W. 8). The owner of the well is responsible for submitting Parts I and II of Form U.W. 8 – 'Proof of Appropriation and Beneficial Use of Ground Water' and a Certificate of Ownership. Part II consists of the linen plat prepared by a licensed engineer or land surveyor or the quadrangle map, if it is appropriate. Part III will be prepared by a State Engineer representative at the time of field inspection. On Part I, the Water Division, U.W. District, Permit No., Date of Priority, Name (s) and address (es) of the applicant (s), and Name of Well will be entered in the State Engineer's Office before the Form U.W. 8 is sent to the well owner. Other items in Part I should be completed as follows:
a. ITEMS 1 and 2 -- These items should be as shown on the original permit and Form U.W. 6. If ownership has changed, an explanation should be provided.
b. ITEM 3 -- 'For What Purpose(s) is Water Used?...' -- Each use, and the date that the water was first used for that purpose, should be noted in the proper blank space. If the use is irrigation, give the date that irrigation was completed on all lands under the permit.
c. SIGNATURE -- This form must be signed and dated by the owner or his agent. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as owner, a designated official must sign. The official's title or agent's title should be noted under the signature.
d. PART II -- Part II of Form U.W. 8 is a linen plat or in some instances, a quadrangle map, which has been certified by a licensed professional engineer or land surveyor. Instructions for preparing the linen plat or quadrangle map and examples are given in Chapters V and VI of this Manual.