Wyo. Code R. 037-0007-4
Board of Control - Water Administration
Chapter 4: Adjudication of Proofs
Effective Date: 06/05/1986 to 01/13/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0007.4.06051986
engineer/wateradm/04_Adjudication_of_Proofs
Agency ENGINEER Engineer, State
Program WATERADM Water Administration
Chapter Name Adjudication of Proofs
Chapter No.4
Date Filed 06/05/86 Expr Date
Supr Date Repeal Date
Document Type RULES
a. The requirements for the submission of, advertising, holding open for inspection, opportunity of contest, and allowance of proofs of appropriation of water are set out in W.S. 41-4-511, and the other statutes mentioned therein. Hearings on contests of proofs, hearing fees, and dispositions after hearing are governed by W.S. 41-4-311 through W.S. 41-4-314 and Chapter IV, Section 3 of these regulations.
b. When the final notice of completion of beneficial use of water or completion of construction of a reservoir is filed by the water user, a proof form will be forwarded by the Adjudication Officer to the superintendent of the water division in which the project is located. A letter is sent to the water user advising him of the necessary action for submission of final proof. A water user may also contact the superintendent to arrange a time and place when final proof will be taken (W.S. 41-4-511).
c. In the case of large irrigation or water conservancy districts, proofs may be submitted by the district on behalf of the individual landowners within the district; but certificates of ownership are nevertheless required and certificates of appropriation shall be issued in the name of the district on behalf of each individual landowner.
d. Surface water proofs shall be on a form furnished by the State Board of Control and must be accompanied by a fee of ten dollars ($10.00) for each proof. When the water is used for irrigation, stock or domestic purposes, a certificate from the county clerk in which the lands are located, showing the claimant to be the present owner of the lands on which the beneficial use is made, must be presented when the proof is submitted.
e. The superintendent or a designated hydrographer or water commissioner will make an on-the-ground inspection of the project to determine if it has been completed within the terms of the permit. If irrigation is involved, the entire acreage described in the permit must be irrigated. If not, an adjustment will be made on the proof form to reflect the actual irrigated acreage, and the remaining lands not irrigated under the permit must be eliminated by the owner through submittal of an elimination request.
f. The proofs taken must be advertised in a newspaper of general circulation in the nearby area by the water division superintendent at least 30 days before any regular meeting of the State Board of Control. The advertisement shall contain the date, time and place where the proofs will be available for inspection and the description of the appropriation, as required by law. The advertised day or days during which the proofs are held open for inspection must occur at least 15 days in advance of a regular Board meeting. (See W.S. 41-4-511.) As a matter of administrative practice, the advertisement will not begin any earlier than at least 45 days prior to the Board meeting.
g. As to the adjudication of permits where no notices have been filed or a beneficial use notice was filed more than 20 years ago, the permits which are not adjudicated may be placed in good standing by means of affidavits and subsequently adjudicated. If the superintendent is contacted in the field by the water right user and asked to adjudicate a right, the superintendent will contact the Board office to check the status of the permit. If it appears that the matter should proceed, the superintendent may request that affidavits be obtained by the landowner, which must be executed by two or more disinterested persons. The affidavits must describe the lands involved and state that the persons signing the affidavits know, of their own knowledge, that the lands have been continuously irrigated since the permit was issued. After completion, these affidavits will be forwarded to the State Engineer's Office. The actions then taken are as follows:
(1) The Assistant State Engineer examines the affidavits to determine if they appear to be valid. If so, then the "adjudication in process" stamp is placed on the permit to indicate that efforts are being made to adjudicate the permit. If the affidavits appear inadequate, they should be returned to the claimant by the Assistant State Engineer with directions as to how to proceed.
(2) If the affidavits appear valid, copies are sent by the Board of Control office to the division superintendent of the division in which the lands are located along with a set of proof forms prepared by the staff. The originals are retained in the Board office in Cheyenne.
(3) The division superintendent will proceed with the adjudication as provided by statute. Typically, he will conduct an on-the-ground inspection to determine if the lands appear to have been historically irrigated under the terms of the permit and are presently being irrigated. The superintendent may also interview those persons who signed the affidavits.
(4) If everything appears to be in order, the superintendent proceeds to have the proof executed, obtains the fees, determines the land ownership, and advertises the proof for consideration at the next Board meeting.
(5) The division superintendent will also prepare and submit to the Board a report on the proof form giving the date of his field inspection, his findings, and his recommendation concerning acceptance or rejection of the proof, and whether the permit should be reinstated with subsequent adjudication by the Board, or be cancelled by the State Engineer. If the proof is to be rejected, the Board will recommend to the State Engineer that the permit be cancelled, or the lands in question be eliminated from the permit, as appropriate, and the State Engineer will then take the action he deems necessary.
(6) If the proof is uncontested, and all else is in order, the Board will approve the appropriation and accept the proof.
(7) In the event an advertised proof is contested under the provisions of W.S. 41-4-312, the procedures outlined in Section 3 of this chapter shall be followed.
(a) A claimant may not rest upon the allegations contained in affidavits as sufficient evidence to support the adjudication of a water right.
(b) The claimant must produce credible evidence in the form of testimony, subject to cross-examination, which supports the statements made on the proof form.
a. Rights to the use of ground water shall be adjudicated by the State Board of Control as provided in W.S. 41-4-511. (See also W.S. 414-513.)
b. In order to adjudicate a ground water right, various steps must be taken by the water user, by the State Engineer's Office, and by the State Board of Control. The following is a brief outline of the basic procedure:
(1) PERMIT -- A permit (Form U.W. 5) must be approved by the State Engineer before commencing the construction of any well (including test holes). Unless otherwise extended, the permittee has one year from the date the permit is approved by the State Engineer in which to commence the construction of the well.
(2) STATEMENT OF COMPLETION -- This form (Form U.W. 6) is required to be submitted within 30 days after the well has been completed with a permanent pump. If the well is a flowing well, the Statement of Completion must be submitted within 30 days of completion of the well with valve or other acceptable control device.
(3) PROOF OF APPROPRIATION AND BENEFICIAL USE OF GROUND WATER -- This form (Form U.W. 8) actually consists of three separate parts.
PART I -- This portion is required to be submitted by December 31 of the year following the year in which the application was approved by the State Engineer, or prior to such time stated in a letter of extension. Part I contains information detailing the amount of water claimed and the type of appropriation.
PART II -- This part of the Beneficial Use Notice is to be submitted with Part I. Part II is actually a linen plat of the completed project, or a topographic map in acceptable form. The plat or topographic map must be prepared in accordance with the map instructions of the State Engineer's Office, Chapter II of the Ground Water portion of the Manual of Regulations and Instructions. A certificate of ownership must accompany all plats submitted.
PART III -- After all required notices and the certified plat have been submitted to the State Engineer's Office, a representative of the State Engineer or the water division superintendent will conduct an on-the-ground inspection of the project to determine if the terms of the permit have been complied with. The person conducting the inspection will submit a written inspection report to the Board for its consideration.
NOTE -- In order for the holder of a water right under a Statement of Claim or Well Registration to obtain an adjudicated ground water right, only Part II and Part III must be completed.
(4) The proof, advertising, and recording fees will be collected for each well at the time of the inspection.
(5) Each well for which a proof is taken must be advertised in a newspaper of general circulation in the area in which the well is located by the water division superintendent. As a matter of practice, the advertisement will be made at least 45 days prior to the next regular meeting of the State Board of Control. (See W.S. 41-4-511.)
(6) After proper advertisement of the water right, and if no protest is received, the proof is submitted to the State Board of Control for final consideration. If the proof is approved, a Certificate of Appropriation is issued to the well owner and recorded in the county in which the place of use is located.
a. Any person, corporation, or association of persons owning a valid right to the use of water from any source involved in the adjudication may contest the rights of any person, corporation, or association, which has submitted a proof to the superintendent, provided that the contestant notifies the superintendent of the appropriate water division in writing within fifteen days after the proofs have been made available for public inspection and states the grounds of the contest. If a contest notice is given to the superintendent, and he is uncertain if the contest is valid, he may refer the matter to the Board for its guidance. The Board shall then determine the necessity for a public hearing. (See W.S. 41-4-312 and W.S. 41-4-511.)
b. If it is determined that a hearing is necessary, the division superintendent shall notify the contestant and the person, corporation, or association whose rights are contested to appear before him at a convenient time and place as he shall designate in writing. The date of hearing shall not be less than thirty days nor more than sixty days from the date the notice is served on the parties to the contest. This notice shall be mailed by certified mail with return receipt requested.
c. The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all interested parties. If requested and if necessary, he shall issue subpoenas to compel the attendance of witnesses to testify. The evidence shall be confined to the subjects stated in the notice of contest. A deposit of eight dollars ($8.00) per day for each day of taking evidence shall be required from each of the parties. The contestant shall arrange for a record to be taken and shall pay the cost of preparing the transcript of the hearing before the record is forwarded by the superintendent to the State Board of Control for final determination or adjudication.
d. The water division superintendent shall transmit all the evidence and testimony from a hearing on a contested proof to the office of the Board in person or by certified mail.
e. If a final proof is contested and the contest is based on a controversy of ditch ownership, final approval of the proof may be delayed. The appropriate division superintendent will hold a public hearing if all of the owners of the ditch cannot reach an amicable solution among themselves. If regulation of the ditch is requested by one of the owners prior to the matter being resolved by the hearing, then no water will be delivered into the ditch for any unadjudicated right which may be under the ditch until ownership of the ditch is determined. (See W.S. 41-6-303.)
f. The specific rules of practice for contested cases are described in Chapter VI of these regulations.