Wyo. Code R. 037-0006-9
Effective Date: 03/05/1974 to Current
Rule Type: Current Rules & Regulations
Reference Number: 037.0006.9.03051974
a. All petitions pertaining to unadjudicated water rights must be filed with the State Engineer, State Office Building, Cheyenne, Wyoming, 82002. A petition for exchange of water, whether the rights are adjudicated or unadjudicated, must be filed with the State Engineer. The format for all petitions except for the petition for exchange is outlined below. The details for preparation of a petition for exchange is outlined in Section 7, Page 88 of this Chapter.
b. Petitions must be in the form of an affidavit and signed by the petitioner or his agent before a Notary Public or other officer authorized to administer oaths. A petition should contain the following information:
(1) Name of facility; (2) Source of supply; (3) Date of priority and permit number; (4) Detailed reasons for proposed change; (5) A clear statement of the amendment or change requested.
c. If the petition is by other than an individual, the authority of the petitioner or agent to present such petition, must be satisfactorily shown and accompany the petition.
d. After approval, petitions are recorded in Miscellaneous Records of the State Engineer's Office. The recording fee is Two Dollars ($2.00) for the first page, and One Dollar ($1.00) for each subsequent page; this fee should accompany the petition.
e. The heading for all petitions should indicate the purpose of the petition, and identify the facility and the permit by name and permit number which is to be changed or amended.
f. The opening statement for all petitions should identify the petitioner, show a mailing address, and give general introduction.
g. Petitions must clearly state that the appropriation being amended has been made within the terms of the permit. The petition must also assert that the appropriator is presently making beneficial use of the water right granted by the permit, or that the permit is in good standing if the construction or beneficial use has not been completed.
h. If the change proposed by the petition involves the use of the
property, such as a ditch, etc., of someone other than the petitioner, the consent of the owner or owners must be obtained. For a suggested form of consent, see Chapter XI, page .
a. Maps must accompany all petitions except those to correct a clerical error. Such maps must be in duplicate, one of which must be on good quality tracing linen or an acceptable equivalent. Drafting standards, size of maps, information to be shown, etc., for all petition maps shall conform with the requirements and regulations set forth in Chapter VIII, Page 55 of this Manual.
b. Maps must bear the certificate and signature of a professional engineer or land surveyor licensed to practice in Wyoming.
c. The map title should refer to the petition and the petitioner, and indicate in the title the intended purpose of the petition.
d. Maps shall be prepared from field notes taken during an actual survey, which may be supplemented by information from aerial photographs and the records of the State Engineer and the State Board of Control.
a. A petition for a change in point of diversion must meet the following requirements:
(1) HEADING -- State the purpose of the petition, identify the ditch by permit number and name.
(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction.
(3) ITEM 1 -- State that the petitioner is the sole owner of the ditch and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located.
(4) ITEM 2 -- Give the status of the permit, such as "Permit No. 00000 is in good standing, with all the required notices filed, and beneficial use of water is presently being made within the terms of the permit."
(a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.
(5) ITEM 3 -- Describe the present head gate location and the proposed new point of diversion.
(6) ITEM 4 -- Indicate the reason for the proposed change.
(7) ITEM 5 -- State whether or not there are any intervening points of diversion (head gates) between the present point of diversion and the new point of diversion.
(a) If there are intervening points of diversion, the written consent of the intervening ditch owners must be secured. For suggested Consent format, see Chapter XI, page 112. If the written consent of the intervening ditch owners cannot be secured, a hearing must be held before the State Engineer or his duly authorized representative, as provided by Section 41-10.4(e), Wyoming Statutes 1957 (Laws 1965).
(8) ITEM 6 -- State whether or not there are any intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.
(a) If there are intervening tributaries or other sources of water, name them.
(9) ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured.
(10) ITEM 8 -- The accompanying map must show the location of the present diversion, the proposed new point of diversion, the location of any new ditch required to be constructed, and the location of any intervening points of diversion; all being properly located by course and distance from a corner of the public land survey. If the information relative to intervening diversions is not completely available to the petitioner, he should secure it from the State Engineer.
(11) ITEM 9 -- Indicate the amount of fees which accompany the petition.
(12) PRAYER -- The prayer of the petitioner should set-out the results the petitioner desires to accomplish.
b. The sample petition on page 73 may be used as a guide for preparing a petition for change of point of diversion.
PETITION FOR CHANGE OF POINT OF ) DIVERSION OF PERMIT NO. 21000, ) THE BLANK DITCH, FROM EAST FORK ) OF NORTH RIVER. )
BEFORE THE STATE ENGINEER CHEYENNE, WYOMING
STATE OF WYOMING ) ) SS. COUNTY OF PLATTE )
COMES NOW, John Doe of Wheatland, County of Platte, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:
1. THAT he is the sole owner of Permit No. 21000, the Blank Ditch, diverting water from the East Fork of North River, with priority of January 1, 1960, and of all lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Platte County accompanying this petition.
2. THAT Permit No. 21000 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.
3. THAT the petitioner desires to change the location of the point of diversion and head gate of the Blank Ditch from the present and record point of diversion, as shown in Permit No. 21000, which is N. 25° 10' W., 760 feet from the southeast corner of Section 4, T.28N., R.70W., and in the SE¼SE¼ of said Section 4, to a new point of diversion, which will be N. 76° 30' E., 1185 feet from the same public survey corner described above, and in the SW¼SW¼ of Section 3, T.28N., R.70W., as shown on the map accompanying this petition.
4. THAT the change is desired by reason of the fact that the channel of the stream at the present point of diversion has changed its course, and a bar now forms which makes it difficult to operate and maintain the present point of diversion. The proposed new point of diversion does not present this obstacle.
5. THAT there are no intervening record points of diversion (head gates) between the present point of diversion and the proposed new point of diversion.
6. THAT there are no intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.
7. THAT no other appropriator from the same source of supply will be injured in any way.
8. THAT a map in duplicate, prepared by E. N. Johnson, a licensed professional engineer and land surveyor, of Laramie, Wyoming, shows the situation and accompanies this petition.
9. THAT recording fees in the amount of $_ accompany this petition.
IT IS THE PRAYER of the petitioner that this change of point of diversion be allowed without loss of priority; that a proper notation be entered on Permit No. 21000; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.
Respectfully submitted,
(Signed) JOHN DOE
The foregoing instrument is acknowledged before me this ___ day of ___, 19___.
Witness my hand and official seal.
(Signed) Notary Public
My commission expires:_______
Section 4. Petition for Change of Point of Diversion and Means of Conveyance.
a. This petition is filed when it is proposed to divert and convey the appropriation involved through a new or an existing ditch. A petition for a change of point of diversion and means of conveyance must meet the following requirements:
(1) HEADING -- State the purpose of the petition, identify the ditch by permit number and name.
(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction.
(3) ITEM 1 -- State that the petitioner is the sole owner of the ditch and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located.
(4) ITEM 2 -- Give the status of the permit, such as "Permit No. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."
(a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.
(5) ITEM 3 -- Describe the present head gate location and the proposed new point of diversion.
(6) ITEM 4 -- Describe by legal subdivision, section, township and range, the acreage of land described in the permit. (If a partial change is proposed, state that the lands remaining under the permit are unaffected by the petition.)
(7) ITEM 5 -- Indicate the reason for the proposed change.
(8) ITEM 6 -- State whether or not there are any intervening points of diversion (head gates) between the present point of diversion and the new point of diversion.
(a) If there are intervening points of diversion, the written consent of the intervening ditch owners must be secured. If the written consent of the intervening ditch owners cannot be secured, a hearing must be held before the State Engineer or his duly authorized representative, as provided by Section 41-10.4(e), Wyoming Statutes 1957 (Laws 1965). For suggested Consent format, see Chapter XI, page 112.
(9) ITEM 7 -- State whether or not there are any intervening tributaries or other sources of water between the present point of di-
version and the new point of diversion.
(10) ITEM 8 -- State that the petitioner is the sole owner of both ditches. If the petitioner is not the sole owner of both ditches, the petition must be accompanied by the written consent of all the owners of both ditches.
(11) ITEM 9 -- State whether or not any other appropriator from the same source of supply will be injured.
(12) ITEM 10 -- The accompanying map must accurately show the location of both ditches, the stream from which the water is diverted, and the lands which will be affected by the change.
(13) ITEM 11 -- Indicate the amount of fees which accompany the petition.
(14) PRAYER -- The prayer of the petitioner should set-out the results the petitioner desires to accomplish.
b. The sample petition on page 77 may be used as a guide for preparing a petition for change of point of diversion and means of conveyance.
PETITION FOR CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE OF PERMIT NO. 21000, THE BLANK DITCH, TO PERMIT NO. 18750, THE DOT DITCH, BOTH DIVERTING FROM THE EAST FORK OF NORTH RIVER.
BEFORE THE STATE ENGINEER CHEYENNE, WYOMING
STATE OF WYOMING ) ) SS. COUNTY OF PLATTE )
COMES NOW, John Doe of Wheatland, County of Platte, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:
1. THAT he is the sole owner of Permit No. 21000, the Blank Ditch, diverting water from the East Fork of North River, with priority of January 1, 1960, and of all lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Platte County accompanying this petition.
2. THAT Permit No. 21000 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.
3. THAT the petitioner desires to change the location of the point of diversion and means of conveyance of the appropriation of water under Permit No. 21000 from the Blank Ditch with present and record location of point of diversion located N. 25° 10' W., 760 feet from the southeast corner of Section 4, T.28N., R.70W. and in the SE¼SE¼ of said Section 4, to Permit No. 18750, The Dot Ditch, with priority of July 1, 1945, and with point of diversion located N. 79° 43' E., 873 feet from the same public survey corner described above, and in the SW¼SW¼ of Section 3, T.28N., R.70W., as shown on the map accompanying this petition.
4. THAT lands under the Blank Ditch, for which the change is proposed, are described as:
Section 10, T.28N., R.70W.
10 acres - NE¼NE¼ 20 acres - NW¼NW¼ 30 acres - TOTAL
5. THAT the reason for the change is that the Blank Ditch is longer and more expensive to maintain than the Dot Ditch, and that, by conducting the water of said appropriation with that of the Dot Ditch, there will be a considerable saving of water.
6. THAT there are no intervening record points of diversion (head gates) between the point of diversion of the Blank Ditch and the point of
diversion of the Dot Ditch.
7. THAT there are no intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.
8. THAT your petitioner is the owner of the Blank Ditch; and a consent of Richard Roe, the owner of the Dot Ditch, to the change in point of diversion and means of conveyance, accompanies this petition.
9. THAT no appropriator from the same source of supply will be injured in any way.
10. THAT a map in duplicate, prepared by E. N. Johnson, a licensed professional engineer and land surveyor, of Laramie, Wyoming, and showing the location of both ditches so far as they affect this appropriation, accompanies this petition.
11. THAT recording fees in the amount of $______ accompany this petition.
IT IS THE PRAYER of the petitioner that he be allowed to change the point of diversion and means of conveyance of water from Blank Ditch, diverting from East Fork of North River, under Permit No. 21000, with priority of January 1, 1960, for the irrigation of:
Section 10, T.28N., R.70W.
10 acres - NE¼NE¼ 20 acres - NW¼NE¼ 30 acres - TOTAL
to the Dot Ditch, as identified in paragraph number 3 above, and diverting water from the same source of supply. That the same be allowed without loss of priority; that a proper notation be entered on both Permit Nos. 21000 and 18750; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.
Respectfully submitted,
(Signed) JOHN DOE
The foregoing instrument is acknowledged before me this _ day of _, 19____.
Witness my hand and official seal.
PART I.
(Signed)
Notary Public
My commission expires:
Section 5. Petition to Correct Errors and Misdescriptions.
a. A petition to correct errors and misdescriptions must be made by the owner of the lands or his agent. It must be accompanied by conclusive evidence to show that the change desired was caused by an error or misdescription. Maps may or may not be required, depending on the character of the error which is being corrected. A petition to correct errors and misdescriptions must meet the following requirements:
(1) HEADING -- State the purpose of the petition, identify the ditch or reservoir by permit number and name.
(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction.
(3) ITEM 1 -- State that the petitioner is the sole owner of the ditch and lands irrigated thereby, or the reservoir appropriation; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located, or assignment of reservoir or other sufficient instrument if the petitioner is not the permittee of record.
(4) ITEM 2 -- Give the status of the permit, such as "Permit No. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."
(a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.
(5) ITEM 3 -- Describe the portion of the permit, as originally filed, in error.
(6) ITEM 4 -- Describe the desired correction.
(7) ITEM 5 -- State how the error occurred if this information is available.
(8) ITEM 6 -- State whether or not any other appropriator from the same source of supply will be injured in any way by the correction of error in description.
(9) ITEM 7 -- State whether or not a map is necessary to accompany this petition.
(10) ITEM 8 -- Indicate the amount of fees which accompany this petition.
(11) PRAYER -- The prayer of the petitioner should set-out the results the petitioner desires to accomplish.
b. The sample petition on page 82 may be used as a guide for preparing a petition to correct errors and misdescriptions.
PETITION TO CORRECT ERRORS ) IN PERMIT NO. 20123, THE ) BAR DITCH. )
BEFORE THE STATE ENGINEER CHEYENNE, WYOMING
STATE OF WYOMING ) ) SS. COUNTY OF CROOK )
COMES NOW, John Jones and Simon Smith, both of Beulah, County of Crook, State of Wyoming, who being duly sworn on oath according to law, do hereby make the following statement of facts and petition:
1. THAT they are the sole owners of Permit No. 20123, the Bar Ditch, diverting water from South Fork of Hay Creek, a tributary of Hay Creek, which is a tributary of the Belle Fourche River, with a priority of October 12, 1958, and all the lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Crook County accompanying this petition.
2. THAT Permit No. 20123 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.
3. THAT Permit No. 20123 and original accompanying map show the Bar Ditch diverting from Middle Fork of Hay Creek, tributary of Hay Creek, which is a tributary of the Belle Fourche River, at a point which is N. 10° 11' W., 789 feet from the southeast corner of Section 9, T.53N., R.64W., and in the SE¼SE¼ of Section 9, T.53N., R.64W.
4. THAT said Bar Ditch actually diverts from South Fork of Hay Creek, as stated above, and at a point which is N. 10° 11' W., 789 feet from the southeast corner of Section 9, T.52N., R.64W., and in the SE¼SE¼ of said Section 9, as found by the petitioners when they acquired the lands irrigated under Bar Ditch.
5. THAT the petitioners do not know how such error in description occurred, but presume it may have been made by the applicant for Permit No. 20123.
6. THAT no other appropriator from the same source of supply will be injured in any way by this correction of error in description in Permit No. 20123.
7. THAT a map will not accompany this petition as it appears unnecessary since the petition only prays for the correction of errors in the permit, and the original map showed the location properly except for the error in the name of source of supply and the number of the township.
8. THAT recording fees in the amount of $______ accompany this petition.
IT IS THE PRAYER of your petitioner that Permit No. 20123 and the
original accompanying map be corrected by proper endorsement thereon to correctly show the source of supply as South Fork of Hay Creek, tributary of Hay Creek, and point of diversion in the SE¼SE¼ of Section 9, T.52N., R.64W.; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.
Respectfully submitted,
(Signed) JOHN JONES
(Signed) SIMON SMITH
The foregoing instrument is acknowledged before me this ___ day of ___, 19___.
Witness my hand and official seal.
(Signed) Notary Public
My Commission expires:_____
Section 6. Petition for Amendment of Description of Land.
a. Under the provisions of Section 41-213(A), Wyoming Statutes 1957, as amended by Section 1, Chapter 214, Session Laws of Wyoming 1961, the State Engineer is authorized, upon written petition of the owner, to amend any permit to appropriate water prior to the adjudication by the State Board of Control for the purpose of correcting errors or otherwise, when in his judgment such amendment appears desirable or necessary; provided the total area of lands may not exceed the area described in the original permit. A petition for amendment of description of land must meet the following requirements:
(1) HEADING -- State the purpose of the petition, identify the ditch by permit number and name. (2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction. (3) ITEM 1 -- State that the petitioner is the sole owner of the ditch and the lands irrigated thereunder. This statement should be substantiated by a Certificate of Ownership of the County Clerk of the county in which the lands are located.
(a) If the lands are included in an Irrigation District, the petitioner should be the district, acting through its duly authorized agent. The petition should state that the lands affected are within the district, and should specify the ownership.
(4) ITEM 2 -- Give the status of the permit, such as "Permit No. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."
(a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.
(5) ITEM 3 -- State the reason a correction or amendment of land description is desired or necessary.
(6) ITEM 4 -- Describe the lands which are to be excluded from the permit.
(7) ITEM 5 -- Describe the lands which are to be substituted in lieu of the lands being excluded. The total area of the substituted lands cannot exceed the total area of the lands proposed to be excluded from the permit.
(8) ITEM 6 -- State whether or not any other appropriator from the same source of supply will be injured.
(9) ITEM 7 -- The accompanying map should show accurately the
location of the ditch, the stream, the location and extent of the lands proposed to be excluded from the permit, and the location and extent of the lands to be substituted in lieu thereof. The map must also show the means by which the substituted lands will be irrigated.
(10) ITEM 8 -- Indicate the amount of fees which accompany this petition.
(11) PRAYER -- The prayer of the petitioner should clearly describe the requested amendment of description of land.
b. The sample petition on page 86 may be used as a guide for preparing a petition for amendment of description of land.
PETITION FOR AMENDMENT OF LAND ) DESCRIPTION IN PERMIT NO. 20345, ) THE DASH CANAL. )
BEFORE THE STATE ENGINEER CHEYENNE, WYOMING
STATE OF WYOMING ) ) SS. COUNTY OF SWEETWATER )
COMES NOW, the Wyoming Irrigation District of Green River, County of Sweetwater, State of Wyoming, a duly established corporation of Wyoming, acting through Gavin Goe, its president, who being duly authorized by the District Board of Commissioners, and who being duly sworn on oath according to law, does make the following statement of facts and petition:
1. THAT the lands referred to in this petition are owned by individuals and are included within the boundary of the Wyoming Irrigation District.
2. THAT Permit No. 20345 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.
3. THAT certain lands within the Wyoming Irrigation District, under Permit No. 20345, the Dash Canal, with priority of February 26, 1959, owned by Joshua Sun, have become seeped through infiltration from said canal and are unfit for the production of crops providing a sufficient return for the owner to continue payment of his water assessments for benefits, operation, and maintenance.
4. THAT the lands referred to above as unproductive by reason of becoming seeped, are described as follows:
Section 15, T.26N., R.98W.
| 6 acres - SW¼NE¼ |
|---|
| 24 acres - SE¼NE¼ |
| 40 acres - NE¼SE¼ |
| 40 acres - NW¼SE¼ |
| 35 acres - SW¼SE¼ |
| 17 acres - SE¼SE¼ |
| 162 acres - TOTAL |
5. THAT certain lands owned by Joshua Sun, which are not included in the lands irrigable under Permit No. 20345, the Dash Canal, may be irrigated and produce crops; these lands are described as follows:
Section 15, T.26N., R.98W.
| 40 acres - NE¼NW¼ |
|---|
| 16 acres - NW¼NW¼ |
| 40 acres - SW¼NW¼ |
| 36 acres - SE¼NW¼ |
| 7 acres - NE¼SW¼ |
23 acres - NW¼SW¼ 162 acres - TOTAL
6. THAT the exclusion of lands described in Item 4, and the inclusion of the lands described in Item 5 in lieu thereof in Permit No. 20345, the Dash Canal, will not injure other appropriators from the same source of supply.
7. THAT a map in duplicate, prepared by John Smith, a licensed professional engineer of Rock Springs, Wyoming, showing the situation, accompanies this petition.
8. THAT recording fees in the amount of $______ accompany this petition.
IT IS THE PRAYER of the petitioner that the lands described in Item 4 be excluded from the irrigable lands described in Permit No. 20345, the Dash Canal; that the lands described in Item 5 be included in lieu thereof in the irrigable lands in Permit No. 20345; and that this petition be recorded in Miscellaneous Records in the State Engineer's Office.
Respectfully submitted,
WYOMING IRRIGATION DISTRICT
By:_______ GAVIN GOE - President
The foregoing instrument is acknowledged before me this ___ day of ____, 19.
Witness my hand and official seal.
(Signed)_______ Notary Public
My commission expires:_______
Section 7. Petition for Exchange of Water.
a. Under the provisions of Section 41-5, Wyoming Statutes 1957, as amended by Section 1, Chapter 160, Session Laws of Wyoming 1973, the State Engineer is authorized, upon written petition of any appropriator of valid water rights, to enter an order allowing an exchange of water provided that the proposed exchange would not adversely affect the rights of other appropriators, would not, in the opinion of the State Engineer, be too difficult to administer and would not be adverse to the public interest. The key as to whether there will be any adverse affect on other appropriators is whether the proposal would involve an expansion of historic use under the appropriation which is to provide water for the exchange. Exchanges of water may be allowed among any combination of direct flow, storage, and ground water rights.
b. An exchange of water involves providing water from another source, either direct flow, storage or ground water, as "make up" water. This "make up" water is supplied to prior rights, in exchange or as replacement for water diverted by an appropriation whose original source is insufficient to fully satisfy such appropriation; when better conservation and utilization of the State's water can be accomplished or when water from the new source cannot economically be conveyed directly to the point of use.
c. Exchanges of water are accomplished either by application for permit to the State Engineer or by petition to the State Engineer, depending on whether the "make up" water provided for the exchange is to be appropriated or is already appropriated.
(1) An application for permit will be filed in the case where the proposed exchange is to be accomplished by appropriation of previously unappropriated water from another source of supply, either from a direct flow, storage or ground water source, for the express purpose of providing "make up" or "replacement" water for that diverted under the proposed exchange. The application will be submitted on an original ditch form (Form S.W. 1), enlargement form (Form S.W. 2), reservoir form (Form S.W. 3) or ground water form (Form U.W. 5), as appropriate, and will be accompanied by a proper filing map following the same general procedures and with the same general requirements for filing of surface water rights, as outlined in Chapters II, III, V, VII and VIII of this Manual or for a ground water source as outlined in Chapter V of the Ground Water Manual. Generally, the lands to receive water by exchange will already have an appropriation and therefore water from the new source will be for supplemental, secondary or additional supply.
The details of the proposed exchange must be outlined on the appropriate application form and must also be shown on the accompanying map. A sample map proposing the exchange of direct flow water for direct flow water is shown on page 66, Chapter VIII.
Any restrictions or conditions deemed necessary to protect the rights of other appropriators will be imposed by the State Engineer at the time
a permit is granted.
(2) A petition to the State Engineer will be filed if the "make up" or "replacement" water for the proposed exchange is to be supplied from already appropriated water. In the majority of cases, this will involve appropriated stored water, not allocated to specific lands for irrigation or to a specific point of use for some other purpose. Water from the reservoir source must be appropriated for the same purpose for which water will be used under the exchange. Only rarely will the physical conditions be such that water from one already appropriated direct flow or ground water right can be exchanged for water from another already appropriated direct flow or ground water right, since there must be an actual simultaneous "trading" or exchange of water between the two rights.
A sample petition, with the accompanying map, has been prepared as an example of the information required in a typical, proposed exchange. (See page 92, this Chapter.) This sample petition involves unallocated stored water. (This is stored water which is not attached to specific lands or point of use by a secondary permit or other instrument.) This stored water is to be released into the stream to replace or in exchange for water which will be diverted from that stream for the irrigation of lands which cannot practically or economically utilize this water except by exchange.
If the rights to the two appropriations involved are owned by different parties, the parties may join in the petition as co-petitioners or the petition may be filed by the party wishing to divert the water under the exchange. In the latter case, an exchange agreement must also be filed with the petition setting out the conditions of the exchange.
The sample petition involves two different owners of the appropriations to be exchanged.
After the petition for exchange is filed with the State Engineer, with proper recording fees, the petition will be examined for correctness and completeness and to determine if the proposed exchange should be allowed. If the exchange is allowed, an order will be entered by the State Engineer setting out the conditions under which the exchange will operate. No exchange will be allowed until such an order has been entered and no exchange may be terminated without the issuance of an order approving termination, unless the order allowing the exchange provides for termination on a specified date.
After the order has been entered, it and the petition will be recorded in "Miscellaneous Records" of the State Engineer's Office and said order will also be recorded in the county or counties where any part of the land involved is situated. In addition, a notation concerning the exchange will be made on the proper records of the State Engineer and Board of Control for the appropriation furnishing water for the exchange. A copy of the approved petition and map and the Order will also be returned to the petitioner(s) and will also be furnished to the appro-
priate Water Commissioner.
Any agreement or other document drawn in connection with the exchange may be recorded in the county or counties in which any part of the land involved is situated, at the discretion of the parties to the exchange.
d. A petition for exchange of water must meet the following requirements:
(1) HEADING -- State the purpose of the petition, identify the appropriations involved by permit number, name, and if either or both appropriations are adjudicated, also show proof number, Order Record Book and Page and Certificate Record Book and Page.
(2) OPENING STATEMENT -- Identify the petitioner(s), show a mailing address(es), and give a general introduction.
(3) ITEM 1 -- State that the petitioner(s) is (are) sole owner(s) of the appropriations involved in the exchange (ditch and lands irrigated thereby and of the reservoir right to furnish water for the exchange); which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located for the ditch right. In the case of the reservoir right, a showing that the reservoir or storage right is held by the petitioner, either by issuance of the original storage permit to petitioner, if unadjudicated; by adjudication of the permit in the name of the petitioner, if adjudicated, or by transfer of the reservoir right to petitioner by proper assignment or other instrument.
(4) ITEM 2 -- Give the status of the permits, such as "Permit No. 00000 is adjudicated for the irrigation of 000 acres under Proof No. 00000, Order Record Book 00, Page 00, Certificate Record Book 00, Page 00", or if the right is unadjudicated, such as "Permit No. 0000 Res. is in good standing, with all the required notices filed, and that beneficial use of water is presently being made under said permit".
(5) ITEM 3 -- Indicate the reason why the exchange is requested and indicate that the stored water is unallocated and does not attach to specific lands.
(6) ITEM 4 -- Give the length of time the exchange is to operate or if two appropriators are involved, this item may be expanded to include whatever conditions the parties wish to include to govern the exchange.
(7) ITEM 5 -- Identify the lands to receive water under the exchange.
(8) ITEM 6 -- Give complete details on how the exchange will operate including rate of diversion, total amount of water involved, the period of the year during which the exchange will operate, the point where the "make up" or "replacement" water will enter the stream, the point where the "exchange" water will be diverted and any other information which will fully explain the proposal.
(9) ITEM 7 -- Indicate whether or not there are any intervening appropriations diverting between the point where the "make up" or "replacement" water will enter the stream and the point where the "exchange" water will be diverted. If there are intervening appropriations, they should be listed by permit number, ditch name and priority, and should also be shown on the accompanying petition map. No exchange can be made unless sufficient water remains in the stream to satisfy these intervening appropriations. If information concerning the intervening appropriations is not available, it may be secured from the State Engineer.
(10) ITEM 8 -- State the Water Commissioner will be notified and that the exchange will be under the supervision of the Water Commissioner.
(11) ITEM 9 -- State whether or not any other appropriator from the same source of supply will be injured.
(12) ITEM 10 -- The accompanying map should show complete details on how the exchange will operate as generally outlined in Items 6 and 7 above, and should include the location of all involved ditches, reservoirs and intervening points of diversion, properly located. As a guide in preparation of the map, see the sample map, page 67, Chapter VIII. Mapping requirements will be the same as for other petitions filed with the State Engineer, as outlined in Section 2, page 71 of this Chapter.
(13) ITEM 11 -- Indicate the amount of fees which accompany the petition. The fees include a recording fee of two (2) dollars for the first page and one (1) dollar for each subsequent page for recording of the petition in the State Engineer's "Miscellaneous Records" and fees, at the same rate, for recording of the Order of the State Engineer in both the State Engineer's "Miscellaneous Records" and in the county records of the appropriate county. The normal Order should not exceed three pages so that fees in the amount of eight (8) dollars (four (4) dollars for State Engineer recording and four (4) dollars for recording in the county records) should be sufficient, in addition to the fees for recording of the petition. Any overpayment of recording fees will be refunded.
(14) PRAYER -- The prayer of the petitioner should set-out the results the petitioner desires to accomplish.
d. The sample petition on page 92 may be used as a guide for preparing a petition for exchange of water.
PETITION FOR DIVERSION OF WATER UNDER PERMIT NO. 1234, SNAKE DITCH, PROOF NO. 4000, O.R. BOOK 3, PAGE 16, C.R. BOOK 3, PAGE 427, IN EXCHANGE FOR AN EQUAL AMOUNT OF WATER RELEASED FROM THE SNAKE RESER- VOIR, PERMIT NO. 6789 RES.
BEFORE THE
STATE ENGINEER
CHEYENNE, WYOMING
STATE OF WYOMING ) ) SS. COUNTY OF PLATTE )
COME NOW, John Doe and Joe Blow, Town of Exchange, County of Platte, State of Wyoming, who being duly sworn according to law, do hereby make the following statement of facts and petition:
1. THAT they are sole owners of the valid adjudicated water rights to be exchanged which are identified as follows:
a. JOHN DOE is the sole owner of the Snake Ditch, Permit No. 1234, diverting from Snake Creek, tributary of Big Creek with priority of June 17, 1897, and of all lands irrigated thereunder, as evidenced by Certificate of Ownership of the County Clerk of Platte County accompanying this petition.
b. JOE BLOW is the sole owner of the Snake Reservoir, Permit No. 6789 Res., storing water from Snake Creek, tributary of Big Creek with priority of May 17, 1969, with the original permit being issued to said Joe Blow.
2. THAT Permit No. 1234, the Snake Ditch, is adjudicated in the amount of 2.74 c.f.s. for the irrigation of 192 acres under Proof No. 4000, Order Record Book 3, Page 16, Certificate Record Book 3, Page 427 and further that Permit No. 6789 Res. is in good standing for the storage of 201 acre-feet of water for irrigation, with all the required notices filed and that beneficial use of water is presently being made under said permit.
3. THAT the petitioners desire to make an exchange of water between the two appropriations identified in paragraphs one (1) and two (2) of this petition for the reason that the priority of the water right under Permit No. 1234 is such that there is not sufficient water available to provide a full supply to the lands irrigated thereunder but water can be provided for these lands, by exchange, from water stored in the Snake Reservoir, Permit No. 6789 Res., thereby better utilizing and conserving the waters of the State of Wyoming. Water stored in the Snake Reservoir is unallocated and is not attached to specific lands by secondary permit or other instrument.
4. THAT petitioners hereby agree to such exchange under the conditions set out in this petition and the conditions imposed by the Order
of the State Engineer in granting this petition. It is further agreed that such exchange shall remain in effect until October 1, 1977, unless a mutual request is submitted by your petitioners for an extension or for an earlier termination of such exchange.
5. THAT the lands under Permit No. 1234, the Snake Ditch, to receive water under this exchange are described as follows:
Section 17, T.20N., R.66W.
| 23 acres - SE¼NW¼ |
|---|
| 39 acres - NE¼SW¼ |
| 40 acres - SE¼SW¼ |
| 8 acres - NE¼SE¼ |
| 36 acres - NW¼SE¼ |
| 40 acres - SW¼SE¼ |
| 6 acres - SE¼SE¼ |
| 192 acres - TOTAL |
6. THAT the exchange of water will be accomplished by releasing storage water from the Snake Reservoir, Permit No. 6789 Res., at a maximum rate of 3.0 c.f.s., with a total release of no more than 100 acre-feet of water each irrigation season (May 1 through September 30) at the outlet of said reservoir located N.72° 35' E., 2695 feet from the W¼ corner of Section 17, T.20N., R.66W. and in the SE¼NW¼ of said Section 17; said storage water will provide "make up" or "replacement" water to downstream prior rights, for water to be diverted in an equal amount into the Snake Ditch at a point S.57° 20' E., 1770 feet from the NW corner of Section 17, T.20N., R.66W., and in the NE¼NW¼ of said Section 17.
7. THAT there are no intervening appropriations between the point of diversion of the Snake Ditch and the point where the exchange water will be returned to the stream from the Snake Reservoir.
8. THAT the Water Commissioner for this district will be notified when the exchange of water will operate and such exchange will be under the supervision of the Water Commissioner at all times.
9. THAT no other appropriations from the same source of supply involved in the exchange will be injured in any way.
10. THAT a map in duplicate prepared and certified by a licensed engineer and land surveyor, accompanies this petition.
11. THAT recording fees in the amount of $______ accompany this petition.
12. IT IS THE PRAYER of the petitioners that this exchange be allowed without loss of priority; that a proper Order of the State Engineer be entered allowing same; that a proper notation be entered on the records for Permit No. 6789 Res.; that the petition be recorded in Miscellaneous Records in the State Engineer's Office; and that the Order of the State Engineer be recorded in Miscellaneous Records in the State
Engineer's Office and in the records of the County Clerk of Platte County, Wyoming.
Respectfully submitted,
(Signed)
JOHN DOE
(Signed)
JOE BLOW
The foregoing instrument is acknowledged before me this __ day of ___, 19__.
Witness my hand and official seal.
(Signed)
Notary Public
My commission expires: