Wyo. Code R. 037-0007-0
Board of Control - Water Administration
Chapter 0: Appendix A
Effective Date: 01/13/2005 to 11/01/2011
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0007.0.01132005
AND FORMS---
AND INSTRUCTIONS
PART IV
PETITION FOR CHANGE OF POINT OF DIVERSION OF THE FOLLOWING APPROPRIATIONS:
A. THE JONATHAN J. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1885;
B. THE JANE ALEXANDRA DOE APPROPRIATION, PERMIT NO. 3214 ENL., DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE ENLARGED NO NAME DITCH, WITH PRIORITY OF OCTOBER 9, 1922.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491 O.R. 7, P. 123; C.R. 32, P. 436; PROOF NO. 11411
STATE OF WYOMING ) COUNTY OF FREMONT ) SS
COMES NOW John Doe of Box 00, Lander, County of Fremont, 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 owner of the lands and the appropriations involved as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.
2. THAT the appropriations involved are as follows:
a. The Jonathan J. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 0.57 c.f.s. for the irrigation of 40.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:
Township 30 North, Range 100 West
| Section 17: NW¼SW¼ | 25.0 acres |
|---|---|
| SW¼SW¼ | 15.0 |
| Total | 40.0 acres (0.57 c.f.s.) |
b. The Jane Alexandra Doe Appropriation, Permit No. 3214 Enl., adjudicated under Proof No. 11411, in the amount of 1.71 c.f.s. for the irrigation of 120.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of October 9, 1922, and of record in Order Record 7, page 123; Certificate Record 32, page 436 describing the lands irrigated as follows:
| Section 16: | SW¼NW¼ | 10.0 acres |
|---|---|---|
| NW¼SW¼ | 10.0 | |
| Section 17: | SE¼NE¼ | 20.0 |
| NE¼SE¼ | 40.0 | |
| SE¼SE¼ | 40.0 | |
| Total | 120.0 acres (1.71 c.f.s.) |
3. THAT your petitioner desires to change the point of diversion of the No Name Ditch, Territorial Appropriation, and Permit No. 3214 Enl., from its point of diversion of record on No Name Creek, described as North 10° 15' West, 320.0 feet distant from the Southeast Corner of Section 13, Township 30 North, Range 100 West, and situated in the SE¼SE¼ of Section 13, to a new point of diversion diverting from the same source of supply approximately 500 feet downstream at a point described as North 20° 10' East, 600.0 feet distant from the Southwest Corner of Section 18, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 18.
The lands for which this change is requested are described as follows:
A. The Jonathan J. Doe Appropriation, Territorial Appropriation, Proof No. 1491:
| Section 17: | NW¼SW¼ | 25.0 acres |
|---|---|---|
| SW¼SW¼ | 15.0 | |
| Total | 40.0 acres (0.57 c.f.s.) |
B. The Jane Alexandra Doe Appropriation, Permit No. 3214 Enl., Proof No. 11411:
| Section 16: | SW¼NW¼ | 10.0 acres |
|---|---|---|
| NW¼SW¼ | 10.0 | |
| Section 17: | SE¼NE¼ | 20.0 |
| NE¼SE¼ | 40.0 | |
| SE¼SE¼ | 40.0 | |
| Total | 120.0 acres (1.71 c.f.s.) |
Total acreage to be changed to the new point of diversion is 160.0 acres (2.28 c.f.s.).
4. THAT this proposed change of point of diversion is necessary because flooding through No Name Creek has washed a deep channel at the site of the present headgate. The new proposed point of diversion will provide a more practical point to install a permanent headgate.
5. THAT there are no record intervening points of diversion (headgates) between the point of diversion of record of the No Name Ditch and the proposed new point of diversion of the No Name Ditch.
6. THAT there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.
7. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.
8. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of your petitioner that this petition for change of point of diversion, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: _________
PETITION FOR CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE OF THE J. W. DOE APPROPRIATION, PERMIT NO. 3214, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1905, TO BE CHANGED TO THE UNNAMED DITCH.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 3, P. 435; PROOF NO. 3491
STATE OF WYOMING ) ) SS COUNTY OF FREMONT )
COMES NOW John Doe of Box 00, Split Rock, County of Fremont, 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 owner of the lands and the appropriation for which a change of point of diversion and means of conveyance is sought, as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.
2. THAT the appropriation for which a change of point of diversion and means of conveyance is sought is the J. W. Doe Appropriation, Permit No. 3214, adjudicated under Proof No. 3491, in the amount of 0.89 c.f.s. for the irrigation of 62.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1905, and of record in Order Record 2, page 446; Certificate Record 3, page 435 describing the lands irrigated as follows:
Township 30 North, Range 98 West
| Section 19: SW¼SW¼ | 32.0 acres |
|---|---|
| SE¼SW¼ | 10.0 |
| Section 30: NW¼NW¼ | 20.0 |
| Total | 62.0 acres (0.89 c.f.s.) |
3. THAT your petitioner requests a change of point of diversion and means of conveyance of the J. W. Doe Appropriation, Permit No. 3214, which diverts from No Name Creek through the No Name Ditch, at a point described as North 12° 30' East, 1620.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SE¼SW¼ of Section 28, to the Unnamed Ditch, diverting from the same source of supply, under Permit No. 3400, approximately ½ mile downstream at a point described as North 15° 20' East, 1056.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 28.
The lands for which this change is requested are described as follows:
Township 30 North, Range 98 West
| Section 19: SW¼SW¼ | 32.0 acres |
|---|---|
| SE¼SW¼ | 10.0 |
| Section 30: NW¼NW¼ | 20.0 |
| Total | 62.0 acres (0.89 c.f.s.) |
4. THAT the reason for the requested change is that a portion of the No Name Ditch is subject to washouts and has been difficult to maintain. A change of point of diversion and means of conveyance to the Unnamed Ditch will eliminate this problem and provide a more economical means of conveyance.
5. THAT consent from Robert Smith, sole owner of the Unnamed Ditch, Permit No. 3400, accompanies this petition.
6. THAT there are no record intervening points of diversion (headgates) between the point of diversion of the No Name Ditch and the point of diversion of the Unnamed Ditch.
7. THAT there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.
8. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.
9. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of your petitioner that this petition for change of point of diversion and means of conveyance, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: _________
PETITION FOR AN AMENDED CERTIFICATE OF APPROPRIATION FOR THE JONATHAN W. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF APRIL 21, 1886.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491
STATE OF WYOMING ) ) SS COUNTY OF SUBLETTE )
COMES NOW John Doe of Box 00, Big Piney, County of Sublette, 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 owner of the lands and the appropriation for which an amended certificate of appropriation is sought, as evidenced by the attached proof of ownership from the County Clerk of Sublette County, Wyoming.
2. THAT the appropriation for which an amended certificate is sought is the Jonathan W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 2.71 c.f.s. for the irrigation of 190.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of April 21, 1886, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:
Township 29 North, Range 111 West
Section 14: SE¼
Section 23: N¼NE¼
Total
190.0 acres (blanket description)
3. THAT your petitioner requests that an amended certificate of appropriation for the Jonathan W. Doe Appropriation, Territorial Appropriation, Proof No. 1491, be issued as follows:
Township 29 North, Range 111 West
Section 14: NE¼SE¼ 10.0 acres
NW¼SE¼ 20.0
SW¼SE¼ 40.0
SE¼SE¼ 40.0
Section 23: NE¼NE¼ 40.0
NW¼NE¼ 25.0
Total 175.0 acres (2.50 c.f.s.)
This amendment results in the reduction of 15.0 acres (0.21 c.f.s.) under this appropriation.
4. THAT the reason for this amendment is to describe those lands which have been historically irrigated and are currently being irrigated and to correct the records to agree with the actual situation on the ground.
5. THAT recording fees in the amount of _____ accompany the petition.
6. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.
7. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of your petitioner that a proper Order of the State Board of Control be entered to describe the lands under the Jonathan W. Doe Appropriation, as outlined in paragraph 3 above, and that an amended certificate of appropriation be issued for the same.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: ___
PETITION FOR CHANGE OF USE FROM IRRIGATION TO MUNICIPAL USE AND CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE OF THE J. W. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME RIVER THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1885, TO BE CHANGED TO THE NO NAME MUNICIPAL PIPELINE.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 2, P. 30; PROOF NO. 919
STATE OF WYOMING ) ) SS COUNTY OF NATRONA )
COMES NOW the Town of Rodgers, acting through its Mayor, James J. Jones, of P.O. Box 40, Rodgers, County of Natrona, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statements of fact and petition:
1. THAT the Town of Rodgers is the owner of the appropriation for which a change of use and change of point of diversion and means of conveyance is sought as evidenced by an Authorization to Detach Water Right which accompanies this petition.
2. THAT the appropriation for which a change of use from irrigation to municipal use and change of point of diversion and means of conveyance is sought is the J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 919, in the amount of 1.0 c.f.s. for the irrigation of 70.0 acres, diverting from No Name River through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 30 describing the lands irrigated as follows:
| Township 38 North, Range 79 West | |
|---|---|
| Section 13: NE¼NW¼ | 35.0 acres |
| NW¼NW¼ | 35.0 |
| Total | 70.0 acres (1.0 c.f.s.) |
3. THAT water under this appropriation has been applied to beneficial use upon the lands in accordance with statutory provisions, and your petitioner desires to change the use of same from irrigation to a preferred use for municipal purposes to be used within the city limits of the Town of Rodgers described as follows:
| Township 39 North, Range 78 West | |
|---|---|
| Section 5: W½W½ | |
| Section 6: E½ |
4. THAT your petitioner also requests a change of point of diversion and means of conveyance of the J. W. Doe Appropriation, as changed from irrigation to municipal purposes, from its record point of diversion on the No Name River described as South 25° 10' East, 273.0 feet distant from the Northwest Corner of Section 13, Township 38 North, Range 79 West, and situated in the NW¼NW¼ of Section 13, to the No Name Municipal Pipeline, a new facility, which diverts from the same source of supply approximately 4 miles downstream at a point described as South 27° 5' East, 969.0 feet distant from the West Quarter Corner of Section 6, Township 39 North, Range 78 West, and situated in the NW¼SW¼ of Section 6.
5. THAT there are two (2) record intervening points of diversion between the point of diversion of the No Name Ditch and the point of diversion of the No Name Municipal Pipeline. These intervening points of diversion are for the following facilities:
No Flow Ditch, Permit No. 235 Full Flow Ditch, Permit Nos. 456 and 123 Enl.
6. THAT consents from the owners of these intervening facilities accompanies the petition.
7. THAT a consumptive use study prepared by John W. Stag, a registered professional engineer, accompanies the petition. This study indicates the consumptive use is 48%. Therefore, your petitioner requests that 0.48 c.f.s. of the J. W. Doe Appropriation be changed from irrigation to municipal purposes and that the remaining 0.52 c.f.s. will not be diverted and will remain in the system to satisfy return flows.
d. THAT a properly prepared map showing the location of lands from which the appropriation is to be detached, the new points of use, and the location of the No Name Municipal Pipeline accompanies the petition.
e. THAT recording fees in the amount of ____ accompany the petition.
f. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of the petitioner:
g. THAT the appropriation of water, herein described which has been acquired by the Town of Rodgers be changed from irrigation to municipal purposes for use within the city limits of the Town of Rodgers;
h. THAT the point of diversion and means of conveyance for the J. W. Doe Appropriation as changed to municipal purposes be allowed in accordance with paragraph 4 above;
i. THAT a hearing be held as provided by W.S. 41-3-103 and W.S. 41-3-104;
j. THAT a proper Order of the State Board of Control be entered recording same and that an amended certificate be issued to the Town of Rodgers.
Respectfully submitted,
James J. Jones, Mayor Town of Rodgers
The foregoing instrument was acknowledged before me this ___ day of ____, 20 ___.
Witness my hand and official seal.
Notary Public
My Commission expires: _______
PETITION FOR CHANGE OF PLACE OF USE OF A PORTION OF THE J. W. DOE APPROPRIATION, PERMIT NO. 7609, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME CANAL, WITH PRIORITY OF APRIL 9, 1902.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 17, P. 352; C.R. 68, P. 310; PROOF NO. 28250½
STATE OF WYOMING ) COUNTY OF WASHAKIE ) SS
COMES NOW John Doe of 0000 Road 00, Worland, County of Washakie, State of Wyoming, and the J. W. Doe Irrigation District, acting through its Chairman, Buck Doe, of Route 0, Box 000, Worland, County of Washakie, State of Wyoming, whom being duly sworn on oath according to law do hereby make the following statements of facts and petition:
1. THAT John Doe is the present owner of the portion of the appropriation to be affected by this petition, and is included within the boundaries of the J. W. Doe Irrigation District, as evidenced by the copy of Warranty Deed from the County Clerk of Washakie County, Wyoming.
2. THAT the appropriation for which a change of place of use is sought is the J. W. Doe Appropriation, Permit No. 7609, adjudicated under Proof No. 28250½, in the amount of 1.79 c.f.s. for the irrigation of 125.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Canal, with priority of April 9, 1902, and of record in Order Record 17, page 352; Certificate Record 68, page 310 describing the lands irrigated as follows:
| Township 46 North, Range 92 West, Resurvey | |
|---|---|
| Tract 38A: | 14.0 acres |
| Tract 38E: | 22.0 |
| Tract 38F: | 42.0 |
| Tract 38G: | 4.0 |
| Tract 38H: | 43.0 |
| Total | 125.0 acres (1.79 c.f.s.) |
3. THAT your petitioners desire to redescribe this appropriation so as to set out the lands to be irrigated as follows:
The J. W. Doe Appropriation, Permit No. 7609, Proof No. 28250½:
| Tract 38A: | 12.3 acres |
|---|---|
| Tract 38E: | 25.1 |
| Tract 38F: | 39.0 |
| Tract 38G: | 26.9 |
| Section 5: Lot 11 | 0.6 |
| Section 6: Lot 11 | 21.1 |
| Total | 125.0 acres (1.79 c.f.s.) |
4. THAT the reason for the change of place of use is due to the slope and type of soil in the area, which causes erosion problems when flood irrigated. The petitioners are replacing the flood irrigation system with a center pivot sprinkler system to alleviate the erosion problem and to reduce labor costs.
5. THAT recording fees in the amount of _____ accompany the petition.
6. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.
7. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of your petitioners that a proper Order of the State Board of Control be entered to describe the lands to be irrigated under a portion of the J. W. Doe Appropriation, as shown in paragraph 3 above, and that an amended certificate be issued for the same.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: _____
Respectfully submitted,
Buck Doe, Chairman J. W. Irrigation District
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires:
A-17
PETITION FOR DECLARATION OF ABANDONMENT OF THE J. W. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1885.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1281
STATE OF WYOMING ) COUNTY OF JOHNSON ) SS
COMES NOW John Doe of Box 000, Buffalo, County of Johnson, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:
1. THAT your petitioner is the owner of the lands and the following described appropriation of water attached thereto as evidenced by the accompanying proof of ownership from the County Clerk of Johnson County, Wyoming.
The Jane Doe Appropriation, Permit No. 2200, adjudicated under Proof No. 3810, in the amount of 1.53 c.f.s. for the irrigation of 107.0 acres, diverting from No Name Creek, tributary No Name River, through the Unnamed Ditch, with priority of January 15, 1903, and of record in Order Record 3, page 410; Certificate Record 6, page 370 describing the lands irrigated as follows:
Township 46 North, Range 80 West
Section 12: SE¼SW¼ 30.0 acres
SW¼SE¼ 37.0
SE¼SE¼ 40.0
Total 107.0 acres (1.53 c.f.s.)
2. THAT James Doe of Box 0, Buffalo, County of Johnson, State of Wyoming, is the owner of record of the lands to which the following described appropriation is attached as evidenced by the accompanying proof of ownership from the County Clerk of Johnson County, Wyoming:
The J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1281, in the amount of 1.47 c.f.s. for the irrigation of 103.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:
Township 46 North, Range 80 West
| Section 10: NE¼SE¼ | 20.0 acres |
|---|---|
| SE¼SE¼ | 10.0 |
| Section 11: NW¼SW¼ | 35.0 |
| SW¼SW¼ | 38.0 |
| Total | 103.0 acres (1.47 c.f.s.) |
Total acreage for which a declaration of abandonment is sought by this petition is 103.0 acres (1.47 c.f.s.).
3. THAT your petitioner has standing to file this petition.
4. THAT water under the J. W. Doe Appropriation, Territorial Appropriation, the No Name Ditch, has not been diverted and applied to beneficial use upon the lands described in paragraph 2 above for at least five (5) successive years past, when water was available for this purpose.
5. THAT your petitioner will be benefited by a declaration of abandonment of this appropriation, or injured by the reactivation of this water right.
6. THAT recording fees in the amount of _______ accompany the petition.
It is the prayer of your petitioner that a hearing be held as provided by W.S. 41-3-401, and that after the provisions of the statutes have been complied with a proper Order of the State Board of Control be entered declaring an abandonment of the appropriation described in paragraph 2 above.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this __ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: __________
PETITION FOR VOLUNTARY ABANDONMENT OF THE J. W. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF JANUARY 1, 1889.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 2, P. 22; PROOF NO. 1491
STATE OF WYOMING ) COUNTY OF CARBON ) SS
COMES NOW John Doe of Rural Route 0, Canyon, County of Carbon, 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 owner of the appropriation for which voluntary abandonment is sought as evidenced by the attached proof of ownership from the County Clerk of Carbon County, Wyoming.
2. THAT the appropriation for which voluntary abandonment is sought is the J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 1.14 c.f.s. for the irrigation of 80.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of January 1, 1889, and of record in Order Record 2, page 446; Certificate Record 2, page 22 describing the lands irrigated as follows:
Township 12 North, Range 80 West
| Section 2: NE¼NE¼ | 30.0 acres |
|---|---|
| NW¼NE¼ | 20.0 |
| SW¼NE¼ | 30.0 |
| Total | 80.0 acres (1.14 c.f.s.) |
3. THAT the No Name Ditch does not exist on the ground and has not existed for many years. Water is not currently being diverted and beneficially used and will not be diverted and beneficially used in the future.
4. THAT your petitioner declares his intention to voluntary abandon the appropriation described in paragraph 2 above and requests that a proper Order of the Board be entered declaring such abandonment.
5. THAT no fees are required for this petition.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __, 20 __.
Witness my hand and official seal.
Notary Public
My Commission expires: _______
A-22
APPEAL FROM THE ENDORSEMENT OF THE STATE ENGINEER UPON THE APPLICATION FOR PERMIT TO CONSTRUCT THE NO NAME DITCH, TEMPORARY FILING NO. 00 5/150.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
STATE OF WYOMING ) COUNTY OF CONVERSE ) SS
COMES NOW John Doe of Bill, County of Converse, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and appeal:
1. THAT your appellant filed in the Office of the State Engineer on June 1, 1982, an application, which application was given Temporary Filing No. 00 5/150, to construct the No Name Ditch, and that on July 10, 1982, the State Engineer returned said application with the following endorsement thereon:
"This is to certify that I have examined the foregoing application and have rejected same for the reason that it conflicts with existing rights and threatens to become detrimental to the public interest."
2. THAT your appellant feels himself aggrieved by the said endorsement of the State Engineer as follows:
a. THAT the conflict stated therein may be removed by excluding certain tracts from the application; b. THAT the allowance of this application is not detrimental to the public interest.
Your appellant, therefore, requests the State Board of Control to hold a hearing as provided by W.S. 41-4-517, and that a proper Order be entered upon the records of the State Board of Control reversing the action of the State Engineer.
A-23
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this __ day of ___, 20 ___.
Witness my hand and official seal.
Notary Public
My Commission expires: ________
PETITION FOR CHANGE OF LOCATION OF THE NO NAME WELL, PERMIT NO. U.W. 3214, WITH PRIORITY OF APRIL 3, 1959.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 16, P. 261; C.R.U.W. 1, P. 38; PROOF NO. U.W. 121
STATE OF WYOMING ) COUNTY OF ALBANY ) SS
COMES NOW John Doe of Rex Route, Box 20, Laramie, County of Albany, 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 owner of the lands irrigated under the well and the appropriation of water to be changed as evidenced by the attached proof of ownership from the County Clerk of Albany County, Wyoming.
2. THAT the well to be relocated is the No Name Well, Permit No. U.W. 3214, the J. W. Doe Appropriation, adjudicated under Proof No. U.W. 121, in the amount of 500.0 gallons per minute for the irrigation of 105.0 acres, with priority of April 3, 1959, and of record in Order Record 18, page 291; Certificate Record U.W. 1, page 38 describing the lands irrigated as follows:
| Township 13 North, Range 75 West | |
|---|---|
| Section 14: SW¼SE¼ | 10.0 acres |
| SE¼SE¼ | 25.0 |
| Section 23: NE¼NE¼ | 40.0 |
| NW¼NE¼ | 30.0 |
| Total | 105.0 acres |
3. THAT your petitioner desires to change the location of the No Name Well, Permit No. U.W. 3214, from its present location described as South 15° 45' West, 125.0 feet distant from the Northeast Corner of Section 23, Township 13 North, Range 75 West, and situated in the NE¼NE¼ of Section 23, to a new location described as North 45° 15' West, 48.0 feet distant from the Southeast Corner of Section 14, Township 13 North, Range 75 West, and situated in the SE¼SE¼ of Section 14.
4. THAT the lands now irrigated (105.0 acres) and the amount of the appropriation (500.0 g.p.m.) will not be affected by the granting of this petition.
5. THAT the reason for the requested change is that the casing of the present well has deteriorated and a partial cave in has occurred, which drastically reduced the amount of water available. It was determined that it was more economical to relocate the No Name Well than to repair the No Name Well.
6. THAT the proposed new location is within the same ground water basin (aquifer) and as nearly as can be determined, will pump water from the same aquifer.
7. THAT no map is required with this petition but a Letter Certificate of Survey from a licensed Wyoming surveyor describing the new location by tie by distance and direction accompanies this petition.
8. THAT no fees are required for this petition.
9. THAT power records for at least the last five (5) years past which indicates that the well has been beneficially used accompanies the petition.
10. THAT the original No Name Well will be abandoned and sealed in accordance with the State Engineer's Rules and Regulations for wells. A Statement of Completion (Form U.W. 6) will be submitted within 30 days after completion of the new well.
11. THAT the granting of this petition will not injure any other appropriators.
It is the prayer of your petitioner that this petition for change of location of the No Name Well as outlined in paragraph 3 above be granted, and that a proper Order of the State Board of Control be entered recording same.
A-26
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of ___, 20___
Witness my hand and official seal.
Notary Public
My Commission expires: _______
NOTE: If the well is unadjudicated with beneficial use received, there will be no reference to Order Record numbers, Certificate Record numbers and Proof numbers.
THE FOLLOWING FORM IS TO BE USED TO ACQUIRE CONSENTS FROM THOSE APPROPRIATORS WHO COULD POSSIBLY BE AFFECTED BY THE GRANTING OF A PETITION BY THE STATE BOARD OF CONTROL. THE FORMAT MAY VARY ACCORDING TO THE TYPE OF PETITION.
AND MEANS OF CONVEYANCE
The following individuals are all the owners of record of those appropriations under the Unnamed Ditch, diverting from No Name Creek. Each of the following individuals has read, understands, and gives their consent to the petition of John Doe for change of point of diversion and means of conveyance for the J. W. Doe Appropriation, Permit No. 3214, Proof No. 1491, for 62.0 acres, to be changed from the No Name Ditch to the Unnamed Ditch.
(Signed) _______
(Signed) _______
(Signed) _______
(Signed) _______
I hereby state, to the best of my knowledge and belief, that the above listed individuals are all of the owners of record for the appropriations of water under the Unnamed Ditch, diverting from No Name Creek.
(Date) _______
(Signed) _______
Petitioner
WHENEVER CONSENTS ACCOMPANY A PETITION, EVIDENCE OF OWNERSHIP FOR THE PERSONS GIVING CONSENT MUST BE PROVIDED, IF CONSENTING DIVERSION IS NOT ORGANIZED.
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THE FOLLOWING IS A SAMPLE OF AN INSTRUMENT WHICH CAN BE USED TO FACILITATE A PETITION FOR CHANGE OF USE OR PLACE OF USE.
I/We ____, of _
(Address)
_______, as owner of the following described
lands, hereby authorizes the detachment by:_______
(Name of Grantee)
(Address)
of the _______ appropriation, diverting from
(Original Appropriator)
____, through the ____
(Source)
(Ditch or Pipeline)
____, Permit No. _
with priority date of _______ for irrigation of the following described lands to be detached:
T. N., R. W.
Section : ¼ acres
This authorization allows the grantee or his assignee to petition the Board of Control for change of use or change of place of use of the water right attaching to the above described lands as provided for in Section 41-3-104, W.S. 1977, within five (5) years of the date of this authorization. By this authorization both the Grantor and Grantee request voluntary abandonment of the water attached to the lands described herein if no petition for change is received within the five-year period.
The grantor hereby waives any and all notices which may be required by Statute, and especially those required in condemnation proceedings provided by Section 41-3-103, W.S. 1977, and states that neither he nor his successors or assignees shall, at any time in the future, file any adverse claim or institute any proceedings in law or equity attacking adversely, or in any manner whatsoever, the equities, right, title or interest of any of the water rights herein referred to
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and for which it is hereby agreed that the Grantor has received full and adequate compensation.
This authorization along with proof of ownership and a map certified by a professional engineer or land surveyor licensed to practice in Wyoming describing the above lands are to be submitted to the State Board of Control, Herschler Building, 4th Floor East, Cheyenne, Wyoming 82002. This document hereby supersedes and replaces any document formerly referred to as a "Water Right Deed."
(Signed)
Grantor
(Signed)
Grantee
The foregoing instrument was acknowledged before me this _ day of _, 19.
Witness my hand and official seal.
Notary Public
My Commission expires: ________
TEMPORARY CHANGE IN POINT OF DIVERSION
DATE: _______
Name of Applicant: _______
Address: _______
Name of Facility: ____ Source: ____
Permit No.: ____ Priority Date: ____
Name of Appropriation: ____ Acres under Change __ CFS _
Present Point of Diversion: _ ¼, Sec. , T. _, R. _
Proposed Point of Diversion: _ ¼, Sec. , T. _, R. _
Type of Change requested: _______
Reason for Change: _______
Consents for intervening Points of Diversion, if necessary (may be continued on reverse side):
| Facility | Signature |
|---|---|
| _____ | _____ |
| _____ | _____ |
| _____ | _____ |
| _____ | _____ |
| _____ | _____ |
| Intervening Sources: _______ |
The following conditions will apply if this request is granted:
Signature of Applicant (if available)
Request for TEMPORARY CHANGE IN POINT OF DIVERSION
(granted/denied)
this _ day of _, 2_, for the irrigation season of ______ only.
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TEMPORARY CHANGE IN LOCATION OF WELL
DATE: _______
Name of Applicant: _________
Address: ____________
Name of Well: _____________
Permit No.: ____ Priority Date: ____
Present Location of Well: ¼_ ¼, Sec. _, T. _, R. ___
Proposed Location of Well: _ ¼_ ¼, Sec. __, T. __, R. ____
(The proposed relocated well will be approximately ____ feet ____ (direction)
of the existing well.)
Is this well located within a Ground Water Control Area? ______
Total Depth of existing well: ______ feet
Proposed Depth of relocated well: ______ feet
Reason for Change:
I understand that the following conditions will apply if this request is granted:
Signature of applicant
Request for TEMPORARY CHANGE IN LOCATION OF WELL _______
(granted/denied)
this __ day of _, 2 ___, for the irrigation season of __ ____ only.
The following condition must be met if a rotation is to be allowed:
1. All appropriations involved must be in priority and entitled to water during the entire rotation period;
2. An actual rotation of water use for the lands under each appropriation is required, and each rotation period will not exceed ten days unless a longer period is agreed to by the hydrographer commissioner or water commissioner;
3. The proposed rotation shall not result in injury to other appropriators;
4. The rotation proposed is limited to one season.
To: ____ Date: __, 2___.
District No. __, Division No. _ ____, Wyoming
In accordance with W.S. 41-3-612, you are hereby notified that the undersigned wish to rotate the following water appropriations in the manner and for the time outlined below:
1. Name of District or Supply Source Amount of Appropriation Priority Owner
2. Rotation will be commenced on __, 2______, and will be accomplished as follows:
Received on __, 2__. By _____ District No. __ Division No. ____
Remarks: _______
Approved this __ day of __, 2______.
District No. __ Division No. ____
A GENERAL REQUIREMENT FOR REQUESTING REGULATION IS THE MAINTENANCE OF A SATISFACTORY HEADGATE AND MEASURING DEVICE AT THE LEGALLY-RECORDED DIVERSION POINT SO AS TO ENABLE THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER TO DETERMINE IF THE REQUEST FOR REGULATION HAS BEEN SATISFIED. IF YOU DO NOT HAVE AN APPROVED HEADGATE AND MEASURING DEVICE PRESENTLY INSTALLED, YOUR REQUEST FOR REGULATION WILL BE SUBJECT TO REVIEW BY THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER AND/OR DIVISION SUPERINTENDENT.
THE APPROPRIATOR IS OBLIGATED TO NOTIFY THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER PRIOR TO THE DATE WHEN WATER WILL NO LONGER BE USED SO THAT PROPER ADJUSTMENTS MAY BE MADE TO AVOID THE WASTE OF WATER.
Pursuant to W.S. 41-3-603, 41-3-604, 41-3-606, 41-3-304 and 41-3-111 revised statutes 1977, I hereby request Regulation of ____
__ and tributaries and is requested to supply my (our) appropriation of water through the __ Ditch(es) or Reservoir(s) under Permit Nos. __, with priority(s) of __ until ____.
Signed: ____
Received on __, 2 __.
Hydrographer Commissioner or Water Commissioner District No. __, Division No. __
Request approved: ____
Request denied: ____
Comments: ____
THE FOLLOWING IS A SAMPLE OF A PETITION WHICH CAN BE USED TO FACILITATE RECORDING A PRIOR TO 1965 CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE.
PETITION FOR RECORDATION PRIOR TO 1965 OF A CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE OF THE J. W. DOE APPROPRIATION, PERMIT NO. 3214, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1905, CHANGED TO THE UNNAMED DITCH.
BEFORE THE STATE BOARD OF CONTROL CHEYENNE, WYOMING
O.R. 2, P. 446; C.R. 3, P. 435; PROOF NO. 3491
STATE OF WYOMING ) ) SS COUNTY OF FREMONT )
COMES NOW John Doe of Box 00, Split Rock, County of Fremont, 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 owner of the lands and the appropriation for which a recordation prior to 1965 of a change of point of diversion and means of conveyance is sought, as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.
2. THAT the appropriation for which a recordation prior to 1965 of a change of point of diversion and means of conveyance is sought is the J. W. Doe Appropriation, Permit No. 3214, adjudicated under Proof No. 3491, in the amount of 0.89 c.f.s. for the irrigation of 62.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch (as of record), with priority of May 16, 1905, and of record in Order Record 2, page 446; Certificate Record 3, page 435 describing the lands irrigated as follows:
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Township 30 North, Range 98 West
| Section 19: SW¼SW¼ | 32.0 acres |
|---|---|
| SE¼SW¼ | 10.0 |
| Section 30: NW¼NW¼ | 20.0 |
| Total | 62.0 acres (0.89 c.f.s.) |
3. THAT your petitioner requests a recordation prior to 1965 of a change of point of diversion and means of conveyance of the J. W. Doe Appropriation, Permit No. 3214, which diverts from No Name Creek through the No Name Ditch (as of record), at a point described as North 12° 30' East, 1620.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SE¼SW¼ of Section 28, to the Unnamed Ditch, diverting from the same source of supply, under Permit No. 3400, approximately ½ mile downstream at a point described as North 15° 20' East, 1056.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 28.
The lands for which this recordation is requested are described as follows:
Township 30 North, Range 98 West
| Section 19: SW¼SW¼ | 32.0 acres |
|---|---|
| SE¼SW¼ | 10.0 |
| Section 30: NW¼NW¼ | 20.0 |
| Total | 62.0 acres (0.89 c.f.s.) |
4. THAT the reason for the requested recordation is that a portion of the No Name Ditch was subject to washouts and had been difficult to maintain. The change of point of diversion and means of conveyance to the Unnamed Ditch has eliminated this problem and provide a more economical means of conveyance. The petitioner has evidence that this change occurred in 1952 or 1953, and proof that this change occurred at that time accompanies the petition.
5. THAT a map does not accompany this petition, since the new point of diversion has a current and accurate legal survey tie, to a known corner of the public land survey, on file in the State Engineer's Office and/or the State Board of Control.
6. THAT the appropriation involved has been diverted at least once in the last five years when water was available through the new point of diversion and means of conveyance.
7. THAT the granting of this petition has not injured any other appropriators.
It is the prayer of your petitioner that this petition for recordation prior to 1965 of a change of point of diversion and means of conveyance, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.
Respectfully submitted,
John Doe
The foregoing instrument was acknowledged before me this ___ day of __ __, 20_.
Witness my hand and official seal.
Notary Public
My Commission expires: ____________