Wyo. Code R. 037-0007-5
Board of Control - Water Administration
Chapter 5: Petition Information
Effective Date: 06/05/1986 to 01/13/2005
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0007.5.06051986
engineer/wateradm/05_Petition_Information Agency ENGINEER Engineer, State Program WATERADM Water Administration Chapter Name Petition Information Chapter No.5 Date Filed 06/05/86 Expr Date Supr Date Repeal Date Document Type RULES
Section 1. Initiation. All matters concerning adjudicated appropriations of water, both surface and ground, must be brought before the State Board of Control in the form of petitions. In most cases, it will be necessary for the surveyor, or other party preparing a petition, to secure detailed information from the records of the State Board of Control. Assembly of this information from the Board records will be greatly simplified if the request for information is accompanied by a general statement as to the nature of the proposed petition.
a. The permit number and name of the original appropriator (generally found in the Tabulation of Adjudicated Water Rights), the proof number, the Order Record citation (book and page), and the Certificate Record (book and page) wherein the appropriation is recorded should be included in the petition to properly identify the appropriation involved. This information is available from the office of the State Board of Control.
b. It is the responsibility of the registered engineer or land surveyor to accurately portray, by map and written
statement, the existing conditions on the ground. The information of record relating to adjudicated water rights may not properly reflect the conditions on the ground; therefore, care must be exercised in utilizing record information. Where there are discrepancies between the record and the actual situation, these differences should be pointed out to the Board and, where necessary, a proper request made to correct the record to reflect the true conditions. If there is a question as to when it is necessary to correct the records, it is suggested that an inquiry be directed to the Board, setting out the circumstances and asking how to proceed.
Section 3. Hearing Expenses. In all hearings before the division superintendents or the State Board of Control where oral evidence is to be presented, the petitioner or contestant shall provide and pay for a complete transcript of testimony as required by the statute or statutes applicable to the petition involved. In the case of an abandonment petition, the party initiating the abandonment (contestant) shall provide and pay for a complete transcript.
a. A petition pertaining to adjudicated water rights must be filed with the State Board of Control, Herschler Building, 4 East, L22 West 25th Street, Cheyenne, L~ming 82002. The letter of transmittal submitted with a petition should designate a person to receive correspondence concerning the petition.
b. A petition must be in the form of an affidavit signed by the petitioner or his authorized agent before a notary public or other officer authorized to administer loaths.
c. The petition must be filed with the State Board of Control at least thirty days prior to the date of the meeting of the Board at which the petition is to be considered.
d. The petition of an incorporated or unincorporated ditch company or irrigation district, or other corporation, such as a land and livestock company, must be accompanied by evidence of the authority of the officers or agents to present the petition. Generally, a certified copy of an excerpt of the company or district minutes authorizing such action is sufficient. [den a petition involves ditches which are individually owned or in partnership, all parties of interest should join in the petition. If another person is to act in their behalf, the petition must be accompanied by the proper authorization.
e. Powers of attorney, authorization statement, consents of other appropriators, and any other supporting documents shall be of good legal form and shall be notarized, witnessed by two witnesses, or verified by the superintendent.
f. The required fee in each case must accompany the petition.
a. As a general rule, maps must accompany all petitions with certain exceptions pointed out later. petition 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 maps to be filed in the office of the State Board of Control shall conform with the requirements and regulations of the State Engineer's Office. particular attention should be accorded the land grid which is used on maps accompanying petitions, which should agree with the current U.S. Government survey plat as to lotting and other subdivision identification. Sufficient information should be placed on the map to clearly show what is proposed in the petition. This can be done by use of a proper map title, a detailed map legend, and explanatory notes and labels as needed.
b. The same map used for an application for permit to the State Engineer and/or a petition to the State Engineer may accompany a petition to the State Board of Control when it is feasible to show all the required information on one map. In such a situation, the map title shall reflect that the map supports two or more proposals by identifying each in detail; the original linen shall be filed with the State Engineer, while a paper print may be filed with the State Board of Control.
c. All maps in support of petitions must bear the certificate of a professional engineer or land surveyor licensed to practice in Wyoming.
d. Maps shall be prepared from field notes and a survey and shall reflect the true conditions on the ground. The survey may be supplemented by information from aerial photographs and the records of the State Board of Control and State Engineer. However, such supplemental information is not to be substituted for a survey made on the ground. Because most petitions to the State Board of Control deal with lands which are irrigated in whole or in part, the certificate should reflect what lands shown on the map are in fact irrigated. A statement that lands have beet, irrigated, or could be irrigated, or are irrigable, is not acceptable. The Board must know the true situation on the ground which exists at the time the map is prepared. Yor example, if part of the lands in the original adjudication
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lie above a ditch and have not historically been irrigated, or are not now being irrigated, the map should portray this situation, which should also be reflected in the certificate. The same type of information is generally required when ground water appropriations are involved.
e. Maps must not be folded and should be transmitted in substantial mailing tubes.
f. If a special situation arises which does not appear to be compatible with the map requirements outlined above, specific written permission from the Ex-officio Secretary of the Board should be obtained in order to deviate from these map requirements. Such a permission letter must be transmitted with the petition and map when they are filed.
g. As a matter of general policy, all maps which accompany petitions for change of water rights shall:
(1) Show by proper cross-hatching the location within 40-acre subdivisions the lands from which water is being removed and the lands which are affected by the change. (Do not use symbols; if necessary, show two views-one as presently adjudicated and one as proposed to be amended.)
(2) Show all ditches, pipelines and other means of conveyance used to irrigate both the original and proposed new lands.
(3) Show by tie from a found corner of the public land survey the location of all points of diversion, wells, pumps, and pivot points for circular sprinklers.
(4) The legend which corresponds with the appropriate cross-hatching shall clearly state the right involved and how the right is to be amended.
(5) All landmarks and physical features such as highways, railroads, streams, etc., shall also be shown on the map.
Section 6. Proposed Subdivision Developments. Wyoming Statute 18-5-306 (a) (xii) provides for the disposition of any water rights appurtenant to the lands involved in a proposed subdivision development prior to its approval by the
lie above a ditch and have not historically been irrigated, or are not now being irrigated, the map should portray this situation, which should also be reflected in the certificate. The same type of information is generally required when ground water appropriations are involved.
e. Maps must not be folded and should be transmitted in substantial mailing tubes.
f. If a special situation arises which does not appear to be compatible with the map requirements outlined above, specific written permission from the Ex-officio Secretary of the Board should be obtained in order to deviate from these map requirements. Such a permission letter must be transmitted with the petition and map when they are filed.
g. As a matter of general policy, all maps which accompany petitions for change of water rights shall:
(1) Show by proper cross-hatching the location within 40-acre subdivisions the lands from which water is being removed and the lands which are affected by the change. (Do not use symbols; if necessary, show two views—one as presently adjudicated and one as proposed to be amended.)
(2) Show all ditches, pipelines and other means of conveyance used to irrigate both the original and proposed new lands.
(3) Show by tie from a found corner of the public land survey the location of all points of diversion, wells, pumps, and pivot points for circular sprinklers.
(4) The legend which corresponds with the appropriate cross-hatching shall clearly state the right involved and how the right is to be amended.
(5) All landmarks and physical features such as highways, railroads, streams, etc., shall also be shown on the map.
Section 6. Proposed Subdivision Developments Wyoming Statute 18-5-306 (a) (xii) provides for the disposition of any water rights appurtenant to the lands involved in a proposed subdivision development prior to its approval by the
county zoning officials. The disposition of water rights must be in accordance with one of the three procedures outlined below: -
a. Subdivider to notify purchasers, Board of Control and the State Engineer of intent to abandon the water rights:
(1) If the water rights are adjudicated, the developer will submit to the Board of Control a petition for voluntary abandonment. The petition must be accompanied by a statement of ownership, certified by the appropriate county clerk. NOTE: Other documentation may be required by the Board.
(2) If the water rights are unadjudicated, the developer will submit a written request to the State Engineer for either a cancellation of the permit or for the elimination from the permit of the lands involved. Either request must be accompanied by a statement of ownership certified by the appropriate county clerk.
b. Transfer the water rights to new lands: A petition and accompanying map certified by a professional engineer or land surveyor licensed to practice in Wyoming will be required. See the applicable sections of the State Engineer's Manual of Regulations for instructions on the preparation of maps.
c. Plan for water distribution within the subdivision: This alternative allows the developer to submit certified plans to the State Engineer or Board of Control as appropriate for distribution of the water rights to the subdivision lands. These plans must show all existing water rights which will remain attached to the lands and define the distribution of the water to the various lots within the proposed subdivision.
If there are no water rights appurtenant to the subdivision lands, the developer should obtain a statement confirming this fact from the office of the State Engineer for submission to the county zoning officials.
Section 7. Lack of Consent. When a petition for a change of water rights is filed with the State Board of Control which requires that consent be obtained from the owners
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county zoning officials. The disposition of water rights must be in accordance with one of the three procedures outlined below:
(1) If the water rights are adjudicated, the developer will submit to the Board of Control a petition for voluntary abandonment.
The petition must be accompanied by a statement of ownership, certified by the appropriate county clerk. NOTE: Other documentation may be required by the Board.
(2) If the water rights are unadjudicated, the developer will submit a written request to the State Engineer for either a cancellation of the permit or for the elimination from the permit of the lands involved. Either request must be accompanied by a statement of ownership certified by the appropriate county clerk.
b. Transfer the water rights to new lands: A petition and accompanying map certified by a professional engineer or land surveyor licensed to practice in Wyoming will be required. See the applicable sections of the State Engineer's Manual of Regulations for instructions on the preparation of maps.
c. Plan for water distribution within the subdivision: This alternative allows the developer to submit certified plans to the State Engineer or Board of Control as appropriate for distribution of the water rights to the subdivision lands. These plans must show all existing water rights which will remain attached to the lands and define the distribution of the water to the various lots within the proposed subdivision.
If there are no water rights appurtenant to the subdivision lands, the developer should obtain a statement confirming this fact from the office of the State Engineer for submission to the county zoning officials.
Section 7. Lack of Consent. When a petition for a change of water rights is filed with the State Board of Control which requires that consent be obtained from the owners
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of appropriations of water that might be affected, but consent cannot be obtained, the procedure shall be as follows:
a. The Board, at a regular or special meeting, may order that a hearing be held by the superintendent of the water division in which the appropriation proposed to be changed is located. The date and place of the hearing shall be fixed by the superintendent, who shall notify all parties owning an interest in the other appropriations of the time and place of the hearing.
b. Notice shall be given by legal advertisement, by certified mail, or by acknowledged personal service, depending on the type of petition, not less than thirty nor more than sixty days before the date of the hearing.
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made by the superintendent' or by a water commissioner', and acceptance shall be by endorsement on the copy which is retained by the superintendent.
(2) In cases where personal service cannot be obtained,
by certified mail or otherwise, an advertisement published in at least one issue of a newspaper of general circulation in the county where the appropriation involved is situated shall meet the requirement of notice of the hearing provided that it name the party requesting the change and set
forth the time and place of the hearing
and a general description of the case.
c. The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all parties interested, and shall allow all parties to produce witnesses and offer such testimony as they may deem necessary to inform the State Board of Control as to the facts concerning the case.
d. The cost of taking and transcribing the testimony, and of securing the service upon the parties involved shall be borne by the petitioner.
e. These procedures shall be followed in cases of petitions involving change of point of diversion, or change of point of diversion and means of conveyance, when one or more appropriators affected by the proposed change neglects or refuses to give the necessary consent to the change.
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of appropriations of water that might be affected, but consent cannot be obtained, the procedure shall be as follows:
a. The Board, at a regular or special meeting, may order that a hearing be held by the superintendent of the water division in which the appropriation proposed to be changed is located. The date and place of the hearing shall be fixed by the superintendent, who shall notify all parties owning an interest in the other appropriations of the time and place of the hearing.
b. Notice shall be given by legal advertisement, by certified mail, or by acknowledged personal service, depending on the type of petition, not less than thirty nor more than sixty days before the date of the hearing.
(1) If personal service is utilized, it shall be made by the superintendent or by a water commissioner, and acceptance shall be by endorsement on the copy which is retained by the superintendent.
(2) In cases where personal service cannot be obtained, by certified mail or otherwise, an advertisement published in at least one issue of a newspaper of general circulation in the county where the appropriation involved is situated shall meet the requirement of notice of the hearing provided that it name the party requesting the change and set forth the time and place of the hearing and a general description of the case.
c. The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all parties interested, and shall allow all parties to produce witnesses and offer such testimony as they may deem necessary to inform the State Board of Control as to the facts concerning the case.
d. The cost of taking and transcribing the testimony, and of securing the service upon the parties involved shall be borne by the petitioner.
e. These procedures shall be followed in cases of petitions involving change of point of diversion, or change of point of diversion and means of conveyance, when one or more appropriators affected by the proposed change neglects or refuses to give the necessary consent to the change.
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(2)- each additional page$ 1.00
(3) For'~~attaching the certificate and Seal of the Board to each docum~~~...$ 1.00
Section 9. -Funds. The appropriate amount for the county recording fee shall be used by the Secretary of the Board to pay for the 'recording of a Certificate of Appropriation in the office of,~~ the county clerk of the county in which the water right is, situated, and the remainder of the fee shall be remitted to the State Treasurer for credit to the general fund. If the..a Board of Control rejects any proof, the recording fee shall be returned to the person, association, or corporation submitting the proof. All other fees received by the Board for coRles, certified copies of records, tabulations of adjudicated, water rights, etc., shall be transmitted to the State Tr' surer for credit to the general fund of the State of ming. (See W.S. 41-4-511.)
Section 10. Proof of Ownership. The proof of ownership of lands involved in a petition is usually in the form of a Certificate from the county clerk, but it may be in some other form, such as a certified copy of warranty deed or land purchase contract. If the lands are being purchased by the petitioner from the owner of record, a consent to the petition by the seller is required. If the ownership is joint in nature, all co-owners must either join as copetitioners or consent to the petition. In the case of husband and wife ownership, it is best if both persons sign the petition as petitioners. When all or part of the lands involved are managed by a federal government agency, the petitioner must show some authority to request the proposal in the petition such as a lease, special use permit, etc. In addition, consent to the petition from the government agency must be attached. If the lands involved are State of Wyoming lands, a consent from the Commissioner of Public Lands is required; in certain instances, the State of Wyoming should join in the petition. Proof of ownership must also be provided for all persons consenting to petitions.
Section II. Authorizing Statutes. The following statutes authorized the various petitions enumerated hereunder:
a. W.S. 41-3-114
(1) Change
of point of diversion.
(2) -ach additional page $ 1.00
(3) For'-attaching the certificate and Seal of the Board to each docum~Lt.,... 1.00
Section 9. "--Funds. The appropriate amount for the county recording fee,, shall be used by the Secretary of the Board to pay for the 'recording of a Certificate of Appropriation in the office of @ the county clerk of the county in which the water right is-situated, and the remainder of the fee shall be remitted to the State Treasurer for credit to the general fund. If the--,, Board of Control rejects any proof, the recording fee shall be returned to the person, association, or corporation submitting the proof. All other fees received by the Board for co'Rles, certified copies of records, tabulations of adjudicated water rights, etc., snall be transmitted to the State Tr/~ surer for credit to the general fund of the State of ming. (See W.S. 41-4-511.)
Section 10. Proof of Ownership. The proof of ownership of lands involved in a petition is usually in the form of a Certificate from the county clerk, but it may be in some other form, such as a certified copy of warranty deed or land purchase contract. If the lands are being purchased by the petitioner from the owner of record, a consent to the petition by tne seller is required. If the ownership is joint in nature, all co-owners must either join as copetitioners or consent to the petition. In the case of husband and wife ownership, it is best if both persons sign the petition as petitioners. When all or part of the lands involved are managed by a federal government agency, the petitioner must show some authority to request the proposal in the petition such as a lease, special use permit, etc. In addition, consent to the petition from the government agency must be attached. If the lands involved are State of Wyoming lands, a consent from the Commissioner of Public Lands is required; in certain instances, the State of Wyoming should join in the petition. Proof of ownership must also be provided for all persons consenting to petitions.
Section II. Authorizing Statutes. The following statutes authorized the various petitions enumerated hereunder:
a. W.S. 41-3-114
(I) Change of point of diversion.
b.!~.S.41-4-514-- Correction or amendment of certificate of appropriation.
6. WS@ 41-3-IQ2 through 41-3-104 -- Change of use and/or change in place of use.
d. W.S. 41-3-431 through 41-3-402
(1) Involuntary abandonment.
(2) Voluntary abandonment.
e. W.S. 41-4-517 -- Appeal from endorsement of the State Engineer.
f. w.S. 41-3-917 -- Change in location of well.
g. W.S. 41-3-612 -- Notation of water use. (Strictly speaking, this procedure does not require a 'petition' as such; the procedure is described below so that a uniform practice can be established.)
h. W.S. 41-3-329 -- Change of point of diversion for certain reservoirs.
Section 12. Change of point of Diversion. The required contents for a petition for change of point of diversion are stated in W.S. 41-3114 [Ditch] or 41-3-329 [reservoir]. The following information is required:
a. HEADING -- Show ample description and identification of the ditch [or reservoir facility] and appropriation to be changed.
b. OPENING STATEMENT -- Identify the petitioner; show a mailing address and give a general introduction.
c. BODY
ITLM I -- Show that the petitioner is either the sole or partial owner of the ditch or facility for which a change in point of diversion is
to be requested; give the name of the ditch or facility, source of supply, permit number, and priority; and identify any documentary evidence of ownership being furnished with the petition. See Chapter V, Section 10.
b. W.S. 41-4-514 -- Correction or amendment of certificate of appropriation.
c. W.S. 41-3-1Q2 through 41-3-104 -- Change of use and/or change in place of use.
d. W.S. 41-3-431 through 41-3-402
(1) Involuntary abandonment.
(2) Voluntary abandonment.
e. W.S. 41-4-517 -- Appeal from endorsement of the State Engineer.
f. W.S. 41-3-917 -- Change in location of well.
g. W.S. 41-3-612 -- flotation of water use. (Strictly speaking, this procedure does not require a 'petition' as such; the procedure is described below so that a uniform practice can be established.)
h. w.s. 41-3-329 -- Change of point of diversion for certain reservoirs.
Section 12. Change of point of Diversion. The required contents for a petition for change of point of diversion are stated in W.S. 41-3-114 [Ditch] or 41-3-329 [Reservoir]. The following information is required:
a. HEADING -- Show ample description and identification of the ditch [or reservoir facility] and appropriation to be changed.
b. OPENING STATEMENT -- Identify the petitioner; show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the petitioner is either the sole
or partial owner of the ditch or facility for which a change in point of diversion is to be requested; give the name of the ditch or facility, source of supply, permit number, and priority; and identify any documentary evidence of ownership being furnished with the petition. See Chapter V, Section 10.
ITEM 2 -- Identify the original appropriator, and give the name of the ditch [or reservoir facility], the proof number, the Order Record Book and page number, the Certificate Record Book and page number, the priority date of all adjudicated appropriations and all permits in good standing which utilize the point of diversion which is to be changed.
ITEM 3 -- Set forth the change that is desired, describing in detail both the original point of diversion and the proposed new point of diversion
[or new reservoir facility location]. Describe the acreage under each appropriation to be changed and give a short statement of the necessary physical work to accomplish the proposed change in point of diversion.
ITEM 4 -- Give
reasons why the proposed change is desirable.
ITEM 5 -- Indicate whether or not there are any intervening diversions between the original and proposed new point of diversion [or new reservoir facility location]. If there are intervening diversions, identify them and indicate their location by subdivision, section, township and range. Show whether or not consents to the proposed change have been obtained from the intervening appropriators. Written consents should be obtained and submitted along with the petition. (A sample consent form is included with these regulations.) If consents cannot be obtained, a hearing must be held. (See Chapter V, Section 7.) It is the policy of the Board that a change in point of diversion will be limited to the amount of water available at the original point of diversion.
ITEM 6 -- Identify all intervening tributaries or other sources of supply. If there are none, make a simple statement to this effect.
ITEM 7 -- State
whether or not any other
appropriator from the same source
of supply will be injured in any way.
ITEM 2 -- Identify the original appropriator, and give the name of the ditch [or reservoir facility], the proof number, the Order Record Book and page number, the Certificate Record Book and page number, the priority date of all adjudicated appropriations and all permits in good standing which utilize the point of diversion which is to be changed.
ITEM 3 -- bet forth the change that is desired, describing in detail both the original point of diversion and the proposed new point of diversion [or new reservoir facility location]. Describe the acreage under each appropriation to be changed and give a short statement of the necessary physical work to accomplish the proposed change in point of diversion.
ITEM 4 -- Give reasons why the proposed change is desirable.
ITEM 5 -- Indicate whether or not there are any intervening diversions between the original and proposed new point of diversion [or new reservoir facility location]. If there are intervening diversions, identify them and indicate their location by subdivision, section, township and range. Show whether or not consents to the proposed change have been obtained from the intervening appropriators. Written consents should be obtained and submitted along with the petition. (A sample consent form is included with these regulations.) If consents cannot be obtained, a hearing must be held. (See Chapter V, Section 7.) It is the policy of the Board that a change in point of diversion will be limited to the amount of water available at the original point of diversion.
ITEM 6 -- Identify all intervening tributaries or other sources of supply. If there are none, make a simple statement to this effect.
ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured in any way.
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ITEM 8 -- 'ii' map in duplicate is required and mention should be made that both duplicates accompany the petition. (The map should show the location of the present point of diversion, the proposed new point of diversion, with both locations properly tied to a corner of the public land survey; it also should show the location of all intervening points of diversion. The location of the new portion of ditch [or reservoir facility] also should be shown on the map as well as the lands irrigated which are involved in the change.) The surveyor or engineer who has certified the map must be identified.
d. PRAYER -- State, in summary, specifically what is desired to be accomplished by the petition.
e. No fees are required in connection with a petition for change in point of diversion [or change in reservoir facility location].
f. This outline and the sample petition on the following pages are intended to apply to the typical petition which might be filed with the State Board of Control. If a proposed petition appears to involve too many appropriations to conveniently list the land descriptions in the petition or to readily show the lands on the map, it is suggested that an inquiry be directed to the Board explaining the situation and asking advise as to how to proceed.
ITEM 8 -- 'ii' map in duplicate is required and mention should be made that both duplicates accompany the petition. (The map should show the location of the present point of diversion, the proposed new point of diversion, with both locations properly tied to a corner of the public land survey; it also should show the location of all intervening points of diversion. The location of the new portion of ditch [or reservoir facility] also should be shown on the map as well as the lands irrigated which are involved in the change.) The surveyor or engineer who has certified the map must be identified.
d. PR'ii'YER -- State, in summary, specifically what is desired to be accomplished by the petition.
e. No fees are required in connection with a petition for change in point of diversion [or change in reservoir facility location].
f. This outline and the sample petition on the following pages are intended to apply to the typical petition which might be filed with the State Board of Control. If a proposed petition appears to involve too many appropriations to conveniently list the land descriptions in the petition or to readily show the lands on the map, it is suggested that an inquiry be directed to the Board explaining the situation and asking advise as to how to proceed.
NAME CREEK, TRIBUTARY NO NAME RIVER UNDER ) BEFORE THE TERRITORIAL APPROPRIATION, WITH PRIORITY I STATE BOARD OF CONTROL
OF MAY 16, 1885, AND UNDER PERMIT NO. CHEYENNE, WYOMING 3214 ENL., WITH PRIORITY OF OCTOBER 9, 1902. I TERR. -- O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491; PERMIT NO. 3214 ENL.; O.R. 7, P. 123; C.R. 32, P. 436; PROOF NO. 11411.
STATE OF WYOMING
155.
COUNTY OF FRE:IONT
Comes now John Doe of Box 00, Lander, County of Fremont, State of Wyoming, who being duly s~m on oath according to law, does hereby make the following statement of facts and petition:
1. That he is the owner or lessee of lands irrigated through the No Name Ditch, diverting from No Name Creek, under Territorial Appropriation, with priority of May 16, 1885 and under Permit No. 3214 Enl., with priority of October 9, 1902, as evidenced by the Certificate of Ownership of the County Clerk of Fremont County, which accompanies this petition. A consent from the State of Wyoming for lands leased to the petitioner is attached. (The petition could have been written to make the State of Wyoming a co-petitioner and this is preferable in the case where lands owned by the State are involved in a petition for an amended certificate of appropriation.)
2. That the following adjudicated appropriations of water are diverted through No Name Ditch: a. The J. W. Doe Appropriation, Territorial, as of record in Order Record 2, page 446, Certificate Record 2, page 435, Proof No. 1491, with priority of May 16, 1885, for 40 acres. (0.57 c.f.s.) b. The Jane Doe Appropriation, Permit No. 3214 Enl., as of record in Order Record 7, page 123, Certificate Record 32, page 436, Proof No. 11411, with priority of October 9, 1917, for 120 acres (1.71 c.f.s.).
And further, that there are no lands being irrigated under an unadjudicated permit from the State Engineer under No Name Ditch. (If lands under permit from the State Engineer are involved, the name of the permittee, the record name of the enlargement of ditch, and the permit number should be shown and a similar petition for change should be filed with the State Engineer. The fact that a petition is also being filed with the State Engineer should be indicated in this petition.)
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11)
PETITION FOR CHANGE OF HINT OF DIVERSION FOR THE NO NAME DITCH, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER UNDER BEFORE THE TERRITORIAL APPROPRIATION, WITH PRIORITY ) STATE BO-3 OF CONTROL OF MAY 16, 1885, AND UNDER PERMIT NO. ) CHEYENNE, WYOMING 3214 ENL., WITH PRIORITY OF OCTOBER 9, 1902. TERR. -- O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491; PERMIT NO. 3214 ENL.; O.R. 7, P. 123; C.R. 32, P. 436; PROOF NO. 11411.
STATE OF WYOMING )SS. COUNTY OF FREMONT
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 or lessee of lands irrigated through the No Name Ditch, diverting from No Name Creek, under Territorial Appropriation, with priority of May 16, 1885 and under Permit No. 3214 Enl., with priority of October 9, 1902, as evidenced by the Certificate of Ownership of the County Clerk of Fremont County, which accompanies this petition. A consent from the State of Wyoming for lands leased to the petitioner is attached. (The petition could have been written to make the State of Wyoming a copetitioner and this is preferable in the case where lands owned by the State are involved in a petition for an amended certificate of appropriation.)
2. That the following adjudicated appropriations of water are diverted through No Name Ditch:
a. The J. W. Doe Appropriation, Territorial, as of record in Order Record 2, page 446, Certificate Record 2, page 435, Proof No. 1491, with priority of May 16, 1885, for 40 acres. (0.57 c.f.s.) b. The Jane Doe Appropriation, Permit No. 3214 Enl., as of record in Order Record 7, page 123, Certificate Record 32, page 436, Proof No. 11411, with priority of October 9, 1917, for 120 'acres (1.71 c.f.s.).
And further, that there are no lands being irrigated under an unadjudicated permit from the State Engineer under No Name Ditch. (If lands under permit from the State Engineer are involved, the name of the permittee, the record name of the enlargement of <'itch, and the permit number should be shown and a similar petition for change should be filed with the State Engineer. The fact that a petition is also being filed with the State Engineer should be indicated in this petition.)
34a
'it--3. That your petitioner desires to change the point of diversion of the No Name Ditch from its record location, which is N. 10 degrees 15 minutes W., a distance of 320 feet from the southeast corner of Section 13, Township 30 North, Range 100 West, and in the SEI/4SEI/4 of said Section 13, to a new location which is N. 20 degrees 10 minutes E., a distance of 500 feet from the southwest corner of Section 18, Township 30 North, Range 99 West, and situa-ted in the SWI/4SW1/4 of said Section 18. Further, that the lands to be irrigated by those waters diverted at this proposed new point of diversion are of record as follows:
a. The J. W. Doe Appropriation, Proof No. 1491, Territorial Appropriation.
TOWNSHIP 30 NORTH, RANGE 100 WEST Section 17:
NWI/4SW1/4 25 Acres
SWI/4SW1/4 15
Total
40 Acres
(0.57 c.f.s.)
(Lands owned by John Doe)
b. The Jane Doe Appropriation, Proof No. 1141-1, permit No. 3214 Enl.
TOWNSHIP 30 NORTH, RANGE 100 WEST
Section 16: NWI/4SW1/4 10 Acres (lands owned by
SWI/4NW1/4 10 State of Wyoming) Section 17: SEI/4NEI/4 20
NEI/4SEI/4 40 (Lands owned by SEI/4SEI/4 40 John Doe)
Total
120 Acres (1.71 c.f.s.)
That the total acreage to be irrigated from proposed new point of diversion is 160 acres.
And further, that 300 feet of new ditch will be built around a severely washed portion of No Name Creek and the water will be returned to the original ditch at a point 450 feet below the original head gate.
4. That the proposed change of point of diversion is necessary because flooding of No Name Creek has washed a deep channel at the site of the present head gate. A shallow channel and firm stream bed at the proposed new location will provide a more practical diversion.
5. That the head gate of the No Flow Ditch is sit-ted between the present head gate of the No Name Ditch and the proposed new location of same, and that the head gate of said No Flow Ditch is situated in the SW1/4SW1/4 of Section 18, Township 30 North, Range 99 West, as shown on the map which accompanies this petition. And, further, that the No Flow Ditch is operated by the Windy Flats Ditch
34b
I'JL
Co., which is composed of the various appropriators thereunder. A Consent to the change proposed in this petition in the form of an excerpt from the minutes of the annual stockholders meeting of the Windy Flats Ditch Co., accompanies this petition. There are no other intervening points of diversion.
6. That there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.
7. That no other appropriation from the same source of supply will be injured in any way.
8. That maps in duplicate prepared by B.N. Transit, a licensed surveyor of Wyoming, and showing the actual conditions on the ground, accompany this petition.
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.
(signed)_______
John Doe
The foregoing instrument was acknowledged before me this __ day of ______, 19- Witness my hand and official seal.
(signed)_____
Notary Public
My Commission expires:_____
jl~h~Y>17 Section 13. Change
of Point of Diversion and Means of Conveyance. The required contents of a petition for change of point of diversion and means of conveyance are found in W.S. 41-3114. The following must be included:
a. HEADING -- Show ample description and identification of the appropriation or appropriations to be changed.
b. OPENING STATEMENT -- Identify the petitioner, show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the petitioner owns all of the lands irrigated under the appropriation to be changed.
Mention inclusion of documentary proof of ownership. See Chapter V, SectiOn 10.
ITEM 2 -- Set forth all of the adjudicated appropriations and valid unadjudicated appropriations under permit in the State Engineer's Office which are being diverted and conveyed through the ditch or other facility from which a change is proposed. The adjudicated appropriations should be identified by the name of the ditch, the source of supply, name of the original appropriation, permit number, proof number, Order Record Book and page number, and Certificate Record Book and page number. The valid unadjudicated permits should be identified by permit number and priority. It should be indicated which appropriations will not be affected by the petition.
ITEM 3 -- Describe in detail the appropriations to be changed, showing the name of the original appropriator, proof number, stream, ditch, permit number and priority. Give a complete legal tie
-2t'
explanation of the physical - arrangement on the -ground.. The petition may not.-change the original source of supply.
-ITEM 4 -- Give reasons why the @proposed change is desirable.-
-
ITEM 5 -- State that consents have been obtained from all other appropriators using the two facilities directly involved, that is, the old and new ditches, etc. Written consents should be obtained and submitted with the petitions. If all appropriations are being transferred out of the ditch of record, then a statement should be made to show what will become of the ditch, such as, 'ditch will be abandoned, head gate removed and diversion closed to the passage of water.'
ITEM 6 -- Identify intervening head gates and points of diversion,
or note the lack thereof. If there are intervening head gates or points of diversion, describe their location by subdivision, section, township and range. Also show whether -or not consents -to @the proposed change have been obtained from the intervening appropriators. Such consents should be obtained and submitted - with the petition. - (A sample consent form is included with these -regulations.) If consents cannot be obtained, a hearing must be held. (See Chapter V, Section 7.)
ITEM 7 -- Identify any intervening tributaries or other sources of supply or, if there are none, make a simple statement to this effect.
ITEM 8 -- State whether -or not - any other appropriator from the same source of supply will be injured in any way.
ITEM 9 -- A map in duplicate is required; mention that both duplicates accompany the petition. Identify the surveyor or engineer under whose certificate the map was prepared. (The map should show accurately the location of the stream, both ditches and the land irrigated thereunder, insofar as they affect the appropria
MN'-'' r'~ f~:tion of water to be changed, as well as the location of any intervening points of diversion and sources of supply).
d. PRAYER - State, in summary, specifically what is desired to be accomplished by the petition.
e. No fees are required in connection with a petition for change in point of diversion and means of conveyance.
f. This outline and the sample petition that follows are intended to apply to the typical petition which might be filed with the Board. If there is any question as to the applicability of these requirements to a specific petition because of the number of appropriations involved, etc., an inquiry should be directed to the Board explaining the situation and asking advice as to how to proceed.
g. This type of petition may also be used to propose a partial change in point of diversion and means of conveyance of a portion of an appropriation. An example would be where a portion of an appropriation is to be changed to another ditch or pump for irrigation through a sprinkler system while the remainder of the appropriation remains under the ditch of record.
h. A petition for change of point of diversion and means of conveyance shall be allowed only when the change will not adversely affect any existing right in good standing at the time the change is made.
i. It shall be a part of the Order of the Board, where a complete change in point of diversion and means of conveyance is made, that the old point of diversion shall be completely and permanently closed to the satisfaction of the Division superintendent at the time the new point of diver
sion is put into operation.
PETITION FOR CHANGE OF POINT OF DIVERTION AND MEANS OF CONVEYANCE OF THE J. W. DOE APPROPRIATION, DIVERTING FROM NO NAME BEFORE THE CREEK TRIBUTARY NO NAME RIVER THROUGH STATE BOARD OF CONTROL THE NO NAME DITCH UNDER PERMIT NO. 3214, ) CHEYENNE, WYOMING WITH PRIORITY OF MAY 16, 1885, TO THE UNNAMED DITCH. O.R. 2, p. 446; C.R. 2, P. 435; PROOF NO. 1491
STATE OF WYOMING
)SS.
COUNTY OF FREMONT
Comes now John Doe of Post Office 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 sole owner - of the lands described in the appropriation to be changed, as evidenced by the Certificate of Ownership of ,the County Clerk of Fremont County, which accompanies this petition.
2. That the following adjudicated appropriations of water are diverted through the No Name Ditch from No Name Creek:
a. The J. W. Doe Appropriation, Permit No. 3214, as of record in Order Record 2, page 446, Certificate Record 2, page 435, Proof No. 1491, with priority of May 16, 1885 for 62 acres. - b. The J. Doe Appropriation, Permit No. 3214, as of record in Order Record 7, page 91, Certificate Record 14, page 150, Proof No. 8201, with priority of June 1, 1897, for 147~ acres. (The J.~ Doe Appropriation is not to be affected by this petition). c. And further, that the water for irrigation of certain lands is also diverted through the No Name Ditch, under Permit No. 5546 Enl., under an unadjudicated right, with priority of May 2, 1960, belonging to James Doe. (The appropriation diverted under Permit No. 5546 Enl., is not to be affected by this petition).
3. That the name of the appropriation to be changed is the J. w. Doe Appropriation, Proof No. 1491, diverting from No Name Creek, tributary No Name River through the No Name Ditch, under Permit No. 3214 at a point located N. 12 degrees 30 minutes E., a distance of 1620 feet from the southwest corner of Section 28, @Township 30 North, Range 99 West, and situated in the SE1/4SW1/4 of said Section 28.
Further, that the name of the ditch to which the appropriation is to be changed is the Unnamed Ditch, diverting from the same source of it
supply, under Territorial Appropriation, under Permit No. 36 Enl., and under Permit No. 99 Enl., at a point located N. 15 degrees 20 minutes E., a distance of 1056 feet from the southwest corner of Section 28, Township 30 North, Range 99 West, and situated in the SW1/4SW1/4 of said Section 28.
The lands under the No Name Ditch, for which a change of point of diversion and means of conveyance to the Unnamed Ditch is desired, are described as follows:
The J. W. Doe Appropriation, Permit 3214, Proof No. 1491
TOWNSHIP 30 NORTH, RANGE 98 WEST Section 19: lot 4 32 acres SE1/4SW1/4 10 acres
Section 30: Lot 1 20 acres Total 62 acres
Total acreage to be changed to Unnamed Ditch is 62 acres. The J. Doe Appropriation will not be affected.
Lands under Permit No. 5546 Bnl. will not be affected herein.
It is proposed to convey the water of the J. W. Doe appropriation down the Unnamed Ditch to a point which is located N. 8 degrees 10 minutes W., a distance of 2400 feet from the southeast corner of Section 24, Township 30 North, Range 99 West, and situated in the NE1/4, SE1/4 of said Section 24 and from this point water will be conveyed to the lands involved by a small private lateral, as shown on the map which accompanies this petition.
4. The proposed change of point of diversion and means of conveyance is necessary because the easterly or lower portion of the No Name Ditch, serving the lands to be changed, is subject to flash flooding and is difficult and expensive to maintain. The proposed change to the Unnamed Ditch will eliminate this problem and provide a more economic means of conveyance.
5. The consent of James Doe, who is the sole owner of the lands irrigated by the J. Doe Appropriation, Permit No. 3214 and under Permit No. 5546 Enl., accompanies this petition.
Further, that the consent of Mr. Joseph Doe, who is the sole owner of all lands irrigated by the Unnamed Ditch also accompanies this petition.
6. That there are no intervening head gates for other appropriations from the same source of supply.
7. That there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.
supply, under Territorial Appropriation, under Permit No. 36 Enl., and under Permit No. 99 Enl., at a point located N. 15 degrees 20 minutes E., a distance of 1056 feet from the southwest corner of Section 28, Township 30 North, Range 99 West, and situated in the SW1/4SW1/4 of said Section 28.
The lands under the No Name Ditch, for which a change of point of diversion and means of conveyance to the Unnamed Ditch is desired, are described as follows:
The J. W. Doe Appropriation, Permit 3214, Proof No. 1491
TOWNSHIP 30 NORTH, RANGE 98 WEST Section 19: Lot 4 32 acres SEI/4Sw1/4 10 acres
Section 30: Lot 1 20 acres Total 62 acres
Total acreage to be changed to Unnamed Ditch is 62 acres. The J. Doe Appropriation will not be affected. Lands under Permit No. 5546 Enl. will not be affected herein.
It is proposed to convey the water of the J. W. Doe appropriation down the Unnamed Ditch to a point which is located N. 8 degrees 10 minutes W., a distance of 2400 feet from the southeast corner of Section 24, Township 30 North, Range 99 West, and situated in the NEI/4, SEI/4 of said, Section 24 and from this point water will be conveyed to the lands involved by a small private lateral, as shown on the map which accompanies this petition.
4. The proposed change of point of diversion and means of conveyance is necessary because the easterly or lower portion of the No Name Ditch, serving the lands to be changed, is subject to flash flooding and is difficult and expensive to maintain. The proposed change to the Unnamed Ditch will eliminate this problem and provide a more economic means of conveyance.
5. The consent of James Doe, who is the sole owner of the lands irrigated by the J. Doe Appropriation, Permit No. 3214 and under Permit No. 5546 Enl., accompanies this petition.
Further, that the consent of Mr. Joseph Doe, who is the sole owner of all lands irrigated by the Unnamed Ditch also accompanies this petition.
6. That there are no intervening head gates for other appropriations from the same source of supply.
7. That there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.
18. That therefore, no other appropriation from the same source of supply will be injured in any way.
9. That maps in duplicate, prepared by N. O. Level, a licensed Wyoming surveyor, and showing the actual conditions on the ground, accompany this petition.
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 your Board be entered recording same.
Respectfully submitted,
(Signed)_____ John Doe
The foregoing instrument, was acknowledged before me this _ day of __, @19
Witness my hand and official seal. (Signed)_____
Notary Public
My Commission expires:_____
--11'
18. That therefore, no other appropriation from the same source of supply will be injured in any way.
9. That maps in duplicate, prepared by N. O. Level, a licensed Wyoming surveyor, and showing the actual conditions on the ground, accompany this petition.
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 your Board be entered recording same.
Respectfully submitted,
(Signed)_____ John Doe -
The foregoing instrument was acknowledged before me this __ day of ____, 19__
Witness my hand and official seal. (Signed)_____
Notary Public
My Commission expires:_____
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.
The following individuals are all of 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 his consent to the petition of John Doe for a petition for change of point of diversion and means of conveyance for the J. W. Doe Appropriation, Permit No. 3214, Proof No. 1491, for 62 acres, to be change 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 appropriations of water under the Unnamed Ditch, diverting from No -Name Creek.
(Date)____ (Signed)______ (Petitioner)
WHENEVER CONSENTS ACCOMPANY A PETITION, PROOF OF OWNERSHIP FOR THE PERSONS GIVING CONSENT MUST ALSO BE PROVIDED.
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.
The following individuals are all of 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 his consent to the petition of John Doe for a petition for change of point of diversion and means of conveyance for the J. W. Doe Appropriation, Permit No. 3214, Proof No. 1491, for 62 acres, to be change 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 appropriations of water under the Unnamed Ditch, diverting from No Name Creek.
(Date)____ (Signed)____
(Petitioner)
WEENEVER CONSENTS ACCOMPANY A PETITION, PROOF OF OWNERSHIP FOR THE PERSONS GIVING CONSENT MUST ALSO BE PROVIDED.
I-Section 14. Correction or 'im'mendirent of Certificate of 'ii'p~ropriation. The authorization for this petition and provisions pertaining to hearing, costs, endorsement on the records, and other matters are found in W.S. 41-4-514 through W.S. 41-4-517. 'The required contents of a petition for an amended certificate of appropriation are: a. HEADING -- show sufficient description and identification of the appropriation or appropriations to be amended.
b. OPENING ST'i'TEMENT -- Identify the petitioner; give a mailing address and a general introduction.
c. BODY
ITEM 1 -- Indicate whether the petitioner is the sole or part owner of the appropriation and of all or part of the lands described in the appropriation. Mention inclusion of documentary proof. (See Chapter V, Section 10.)
ITEM 2 -- Describe in complete detail the appropriation which will be affected by the petition by showing the name of the original appropriator, proof number, strearj, ditch, permit number, priority, Order Record Book and page number, and Certificate Hecord Book and page number.
ITEM 3 -- Delineate the lands under the appropriation by legal subdivision and (a) presently of record and (b) actually irrigated. Give a complete and coherent statement of the effect of the prop-dosed correction or amendment and the extent to which beneficial use of water has been made to which beneficial use of water has been made upon the lands included in the corrected or amended description. State that all right and claim to the use of water on those lands which are to be deleted from the original certificate is being waived subject to the granting of the petition.
ITEM 4 -- Give sufficient reason for the change requested.
Mention briefly the occurrence of error or any other circumstances and history that might justify the requested correction or amendment.
Section 14. Correction or Amendment of Certificate of Appropriation. The authorization for this Petition and provisions pertaining to hearing, costs, endorsement on the records, and other matters are found in § 4.1-514 through § 4.1-4517. The required contents of a Petition for an amended certificate of appropriation are:
a. HEADING -- Show sufficient description and identification of the appropriation or appropriations to be amended.
b. OPENING STATEMENT -- Identify the Petitioner; give a mailing address and a general introduction.
c. BODY
ITEM 1 -- Indicate whether the petitioner is the sole or part owner of the appropriation and of all or part of the lands described in the appropriation. Mention inclusion of documentary proof. (See Chapter V, Section 10.)
ITEM 2 -- Describe in complete detail the appropriation which will be affected by the petition by showing the name of the original appropriator, proof number, stream, ditch, permit number, priority, Order Record Book and page number, and Certificate Record Book and page number.
ITEM 3 -- Delineate the lands under the appropriation by legal subdivision and (a) presently of record and (b) actually irrigated. Give a complete and coherent statement of the effect of the proposed correction or amendment and the extent to which beneficial use of water has been made to which beneficial use of water has been made upon the lands included in the corrected or amended description. State that all right and claim to the use of water on those lands which are to be deleted from the original certificate is being waived subject to the granting of the Petition.
ITEM 4 -- Give sufficient reason for the change requested.
Mention briefly the occurrence of error or any other circumstances and history that might justify the requested correction or amendment.
ITEM 5 -- Fees are required as follows: Ten Dollars ($10.00) for each amended certificate and its recording. If land is eliminated from the original or present certificate, and it is necessary to record the Order of the State Board of Control in the county clerk's office, an additional fee of Twenty Dollars ($20.00) will be required. Any overpayment of fees will be refunded after recording is completed. The fees for each certificate to be amended can total thirty dollars ($30.00). Include a statement concerning the fees provided with the petition.
ITEM 6 -- State conclusively whether or not any other appropriators from the same source of supply will be injured in any way.
ITEM 7 -- State that the required map accompanies the petition in duplicate form. Identify the surveyor or engineer under whose certificate the map was prepared. The map should show the location of the ditch and the lands irrigated therefrom. The lands proposed to be excluded and the lands proposed to be included should be shown on the same map by different systems of crosshatching.
d. PRAYER -- Set forth, in summary, specifically what is desired to be accomplished by the petition.
e. If an error in the original appropriation is to be corrected and the proposed change concerns lands now owned by another, that person's written consent in affidavit form should accompany the petition. If consent cannot be obtained, a hearing must be held. (See Chapter V, Section 7.)
f. If it is clearly evident that the error to be corrected was caused originally by the State Board of Control, no map fees are required.
g. A petition may also be filed when lands with attached adjudicated water rights have become seeped or otherwise unfit for the production of crops by irrigation, and it is the desire of the appropriator to amend the land
ITEM 5 -- Fees are required as follows: Ten Dollars ($10.00) for each amended certificate and its recording. If land is eliminated from the original or present certificate, and it is necessary to record the Order of the State Board of Control in the county clerk's office, an additional fee of Twenty Dollars ($20.00) will be required. Any overpayment of fees will be refunded after recording is completed. The fees for each certificate to be amended can total thirty dollars ($30.00). Include a statement concerning the fees provided with the petition.
ITEM 6 -- State conclusively whether or not any other appropriators from the same source of supply will be injured in any way.
ITEM 7 -- State that the required map accompanies the petition in duplicate form. Identify the surveyor or engineer under whose certificate the map was prepared. The map should show the location of the ditch and the lands irrigated therefrom. The lands proposed to be excluded and the lands proposed to be included should be shown on the same map by different systems of crosshatching.
d. PRAYER -- Set forth, in summary, specifically what is desired to be accomplished by the petition.
e. If an error in the original appropriation is to be corrected and the proposed change concerns lands now owned by another, that person's written consent in affidavit form should accompany the petition. If consent cannot be obtained, a hearing must be held. (See Chapter V, Section 7.)
f. If it is clearly evident that the error to be corrected was caused originally by the State Board of Control, no map fees are required.
g. A petition may also be filed when lands with attached adjudicated water rights have become seeped or otherwise unfit for the production of crops by irrigation, and it is the desire of the appropriator to amend the land
39 JUN 5 1986
1.-description in the certificate of appropriation by excluding these lands and substituting other suitable lands of equal or less area in lieu thereof. In such cases, the petitioner must be the owner of both the lands from and to which the appropriation is to be changed (except when lands are located within an irrigation district), and the amended area may not exceed the area actually irrigated under the original right. It is best in most instances to write to the Board concerning changes of this nature before the petition is prepared. h. A hearing is required for all petitions where the redescription of the appropriation includes lands not in the original description of the appropriation, except in the case of simple clerical error.
i. This type of petition is also used to redescribe territorial 'blanket descriptions' and court decree rights so as to reflect on the record the actual situation on the ground. Typically, these steps must be taken before lands can be sold, as the buyer wants to know exactly where the water rights are located. They also may be necessary in situations involving a change to a preferred use.
j. Petitions shall not be accepted or approved which would reactivate a water right which has not been exercised for at least five years last past when water has been available for use.
k. Petitions to correct or amend the description of ground water appropriations must be accompanied by copies of the pumping power records for at least the five-year period just prior to the petition filing date. (See sample on following page)
description in the certificate of appropriation by excluding these lands and substituting other suitable lands of equal or less area in lieu thereof. In such cases, the petitioner must be the owner of both the lands from and to which the appropriation is to be changed (except when lands are located within an irrigation district), and the amended area may not exceed the area actually irrigated under the original right. It is best in most instances to write to the Board concerning changes of this nature before the petition is prepared.
h. A hearing is required for all petitions where the redescription of the appropriation includes lands not in the original description of the appropriation, except in the case of simple clerical error.
i. This type of petition is also used to redescribe territorial "blanket descriptions" and court decree rights so as to reflect on the record the actual situation on the ground. Typically, these steps must be taken before lands can be sold, as the buyer wants to know exactly where the water rights are located. They also may be necessary in situations involving a change to a preferred use.
j. Petitions shall not be accepted or approved which would reactivate a water right which has not been exercised for at least five years last past when water has been available for use.
k. Petitions to correct or amend the description of ground water appropriations must be accompanied by copies of the pumping power records for at least the five-year period just prior to the petition filing date.
1886.
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, 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 present owner of the NEI/4 of Section 14 and the NI/2NEI/4 of Section 23, Township 29 North, Range III West, and the appropriation of water attached thereto, as evidenced by the Certificate of Ownership of the County Clerk of Sublette County, which accompanies this petition.
2. That the appropriation of water to be affected by this petition is the J. W. Doe Appropriation, Territorial Appropriation, as of record in Order Record 2 Page 446; Certificate Record 2, Page 435, Proof No. 1491, with priority of 1886, diverting from No Name Creek, tributary No Name River, through the No Name Ditch.
3. a. That Certificate, Record 2, Page 435 describes the lands irrigated under the J. W.- Doe Appropriation for 190 acres (2.71 c.f.s.) under a "blanket description" as follows:
TOWNSHIP 29 NORTH, RANGE III WEST Section 14:
SE1/4
Section 23: NI/2NE1/4 b.
That your
Petitioner desires to redescribe this Territorial "blanket description" Appropriation so as to set out the lands historically and presently irrigated as follows:
TOWNSHIP 29 NORTH, RANGE III WEST Section 14: NEI/4SEI/4 10 Acres NWI/4SEI/4 20 Acres sWI/4SEI/4 40 Acres SEI/4SEI/4 40 Acres Section 23: NEI/4NEI/4 40 Acres NWI/4NEI/4 25 Acres Total 175 Acres (2.50 c.f.s.)
40a
PETITION FOR AN AMENDED CERTIFICATE OF APPROPRIATION FOR THE J. W. DOE APPROPRIATION, DIVERTING FROM NO BEFORE THE NAME CREEK, TRIBUTARY NO NAME RIVER, STATE BOARD OF CONTROL THROUGH THE NO NAME DITCH, TERRITOR- CHEYENNE, WYOMING IAL APPROPRIATION, WITH PRIORITY OF 1886. 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, 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 present owner of the NEI/4 of Section 14 and the NI/2NEI/4 of Section 23, Township 29 North, Range III West, and the appropriation of water attached thereto, as evidenced by the Certificate of Ownership of the County Clerk of Sublette County, which accompanies this petition.
2. That the appropriation of water to be affected by this petition is the J. W. Doe Appropriation, Territorial Appropriation, as of record in Order Record 2 Page 446; Certificate Record 2, Page 435, Proof No. 1491, with priority of 1886, diverting from No Name Creek, tributary No Name River, through the No Name Ditch.
3. a. That Certificate Record 2, Page 435 describes the lands irrigated under the J. W. Doe Appropriation for 190 acres (2.71 c.f.s.) under a "blanket description" as follows:
TOWNSHIP 29 NORTH, RANGE III WEST Section 14: SEI/4 Section 23: NI/2NEI/4
b. That your Petitioner desires to redescribe this Territorial "blanket description" Appropriation so as to set out the lands historically and presently irrigated as follows:
TOWNSHIP 29 NORTH, RANGE 111 WEST
| Section 14: NEI/4SEI/4 | 10 Acres |
|---|---|
| NWI/4SEI/4 | 20 Acres |
| SWI/4SEI/4 | 40 Acres |
| SEI/4SEI/4 | 40 Acres |
| Section 23: NEI/4NEI/4 | 40 Acres |
| NWI/4NEI/4 | 25 Acres |
| Total | 175 Acres (2.50 c.f.s.) |
40a
c. That the lands not described (15 acres) were in the appropriation as part of the blanket description and actually do not exist as irrigated acreage. This petition is to correct the record to reflect the situation as it actually exists on the ground.
d. That the 15 acres not described are to be abandoned and cleared from the records.
4. That your petitioner became aware of the discrepancy when a survey was made of the SEI/4 of Section 14 and the NI/2NEI/4 of Section 23, and requests this petition be granted to correct the record.
5. That recording fees in the amount of thirty dollars ($30.00) accompany the petition.
6. That no other appropriator will be injured in any way by the granting of this petition.
7. That maps in duplicate prepared by M.O. Triod. registered surveyor in Wyoming, accompany the petition.
It is the prayer of your petitioner that a proper Order of the Board be entered to describe the lands irrigated under the J. W. Doe appropriation as shown in paragraph 3.b. above and that an amended certificate be issued for the same.
Respectfully submitted,
(Signed _______ John Doe
The foregoing instrument was acknowledged before me this _ day of __, 19e5.
Witness my hand and official seal.
(Signed _______ Notary Public
My commission expires:______
Section 15. change of, Use and/or Change in Place or Use. The definition of and order of preferred uses and the procedure for a change from a lower to a higher ranking use are set out in W.S. 41-3102 through W.S. 41-3-104. Other changes of use not involving a change to a preferred use can also be made. A petition for a change of use must include the following:
a. HEADING -- Show sufficient description and identification of the appropriation to be changed.
b. OPENING STATEMENT -- Identify the petitioner; give a mailing address and a general introduction.
c. BODY
ITEM 1 -- Show either: (a) that the lands from which the appropriation is to be detached are owned by the petitioner and provide the necessary attached documentary evidence of this ownership; or (b) that just compensation has been paid to the owner of the lands for the right to detach the appropriation as provided by W.S. 41-3103. (See the sample Water Right Deed which follows.)
ITEM 2 -- Describe in detail the record as it identifies the appropriation to be changed. Describe the lands involved by legal subdivision. If there are other appropriations being diverted at the same point of diversion, or diverting through the same ditch, these rights also should be described in the same manner. State whether or not these rights are to be affected by the petition.
ITEM 3 -- Describe in detail the change desired. It is required that the appropriation of water to be changed has previously been and is presently being applied to beneficial use; a statement to this effect should be made. Also set forth in detail any change of point of diversion or means of conveyance that may be required to make the appropriation available for the proposed new use.
ITEM 4 -- Any consents of the other appropriators using the same facility should be documented. If consents are not available, it should be so stated. Do likewise if a well is involved which uses common facilities.
41
It
ITEM 5 -- Identify any intervening head gate between the Original point of diversion and the proposed new point of diversion. - Show that consents from the various appropriators using these facilities have been obtained. If consents cannot be obtained, it should be so stated.
ITEM 6 -- One important item in this petition not found in others is a comparison of the proposed use with the historic use of the water right being changed. This comparison could be in the form of a study made on return flows, both historic and under the proposed use. If a water right has been exercised historically during only a part of the year, the State Board of Control shall limit the new use to that same period of time. The petitioner would have to apply for a current priority right to cover the time not covered by the historic use. This decision is made after a close study of all the evidence, including that obtained at the public hearing which is mandatory in this case, as prescribed in W.S. 41-3-103. A right which is not being exercised at the time the change is proposed cannot be transferred.
ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured in any way.
ITEM 8 -- State that the required duplicate maps are included as part of the petition and identify the engineer or surveyor under whose certificate the map was prepared. The map should show the location of the affected ditch and stream, or well, the location of the land in each legal subdivision affected by the proposed change and its area, the location of the pipeline or other means of conveyance by which the water right is to be changed, and the location of the point of new use and any intervening ditches or commonly used facilities.
ITEM 9 -- A fee of twenty-four dollars ($24.00) is required for each appropriation for which the change is sought. This fee must accompany the petition.
d. PRAYER -- State, in summary, specifically what is desired to be accomplished by the petition.
e. A description by legal subdivision is required which identifies the lands from which it is proposed to
detach the appropriation for a change of use. For a territorial appropriation, where the record describes several subdivisions by a blanket description, it is necessary to first petition the State Board of Control for an amended certificate of appropriation to show the areas as irrigated and the subdivisions from which the water right or appropriation is to be detached and changed to a new use. The subdivisions should be clearly set out and shown on the map by a distinctive cross-hatching, different from that shown for any other lands. It must be clearly shown that the appropriation to be changed is an actual appropriation of water that is being applied to beneficial use on specific legal subdivisions of land.
f. It should be noted that it is the policy of the State Board of Control to look with disfavor on petitions for change of use for which at least five years of historic use cannot be documented. Documentation such as by actual diversion or pumping records is usually necessary to establish the historic rate of diversion or pumping, the period of use, and the amount of water actually consumed. If no records are available to the petitioner, the petition must indicate the manner by which historic use will be demonstrated to the Board. If the proposed change of use also involves a change in point of diversion of great distance, the petition should be accompanied by a conveyance loss study which utilizes a methodology acceptable to the Board. The Board may also demand that studies be prepared on return flow lag times, on the pattern of return flows, on the geology and soils in the affected areas, and on other pertinent subjects. Advance inquiry should be made to the Board's Office to establish what studies are recommended.
g. All required information and additionally requested documentation and studies must be provided to the Board before a hearing is scheduled. The Board's staff, and any other affected persons, need to have sufficient time to review the information, documents, and studies prior to the Board taking any action on a petition for change of use or change in place of use of substantial nature.
PETITION FOR CHANGE OF USE FROM IRRIGATION TO MUNICIPAL USE OF THE J. W. DOE APPROPRIATION, TERRITORIAL APPROPRIATION BEFORE THE PRIGATION, DIVERTING FROM NO NAME CREEK, ) STATE BOARD OF CONTROL THROUGH THE NO NAME DITCH; AND CHANGE ) CHEYENNE, WYOMING OF POINT OF DIVERSION AND MEANS OF CONVEYANCE OF THE SAID APPROPRIATION FROM THE NO NAME DITCH TO THE UNNAMED MUNICIPAL PIPELINE. O.R. 2, P. 446; NO C.R. OF RECORD; PROOF NO. 99
STATE OF WYOMING
) SS.
COUNTY OF NATRONA
Comes now, Town of Rodgers, Wyoming, a municipal corporation, acting through James J. Jones, its Mayor, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition: -
1. That the Town of Rodgers, Wyoming, has secured and attaches hereto - a certified copy of a Water Right Deed authorizing the State Board of Control to detach the appropriation of water for preferred use. And further, that just compensation has been paid the owner of that appropriation for the right to detach the water appropriation, as evidenced by the aforesaid Water Right Deed.
2. That the appropriation of water to be affected by this petition is the J. W. Doe Appropriation, Territorial Appropriation, as of record in Order Record 2, page 446, no certificate of record, Proof No. 99, with priority of May 16, 1885, for the following lands:
| 35 Acres | |
|---|---|
| Total | 70 Acres (1.00 c.f.s.) |
And further, that other rights and appropriations being conveyed through the No Name Ditch are:
-1 a. The Jane Doe Appropriation, Territorial Appropriation, as of record in Order Record I,~ page 234, Proof No. 101, with priority of May, 1880. b. Waters for the irrigation of certain lands under Permit No. 6145 Enl., an unadjudicated right, with priority of May 20, 1961, belonging to James Doe. (The water rights under the Jane Doe Appropriation and Permit No. 6145 Enl., are not to be affected@by this petition.) -
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3. That the Town of Rodgers, Wyoming, wishes to detach the appropriation from the following lands:
| TOWNSHIP 38 NORTH, RANGE | 79 WEST Section 13: NEI/4NW1/4 |
|---|---|
| 35 Acres NW1/4NW1/4 | 35 Acres |
| Total | 70 Acres (1.00 c.f.s.) |
Further, that this appropriation for one cubic foot of water per second of time has been applied to beneficial use upon said lands in accordance with Wyoming statutory provisions, and your petitioner wishes to change the use of same from irrigation to preferred use for general municipal purposes, this being that amount of water adjudicated to the J. W. Doe appropriation herein described. Said appropriation to be used within the city limits of the Town of Rodgers, in the El/2 of Section 6 and in the W1/2W1/2 of Section 5, Township 39 North, Range 78 West.
And further, that the Town of Rodgers, Wyoming, wishes to change the point of diversion and means of conveyance of said appropriation from the No Name Ditch, diverting from No Name Creek, at a point S. 25 degrees, 10 minutes E., a distance of 273 feet from the northwest corner of Section 13, Township 38 North, Range 79 West, and situated in the NW1/4NW1/4 of said Section 13, to the Unnamed Municipal Pipe-line, diverting from the same source of supply at a point S. 27 degrees, 05 minutes E., a distance of 969 feet from the west quarter section corner of Section 6, Township 39 North, Range 78 West, and situated in Lot 7
(NW1/4SW1/4) of said
Section 6.
4. That the consents of Joseph Doe, being the sole owner of the lands irrigated by the Jane Doe appropriation, and of James Doe, sole owner of lands irrigated under Permit No. 6145 Enl., to the changes proposed herein accompany this petition.
5. That there are two (2) intervening head gates between the head gate of the No Name Ditch and that of the Unnamed Municipal Pipeline:
The No Flow Ditch, Permit No. 235
The Full Flow Ditch, Permit Nos. 456 and 123 Enl.
And further, that the consents to this proposed change by John Doe, owner of the lands irrigated by the No Flow Ditch, and by Sam Doe, owner of the lands irrigated by the Full Flow Ditch, accompany this petition.
6. That a study has been made of diversions and return flows to No Name Creek under the present municipal system of the Town of Rodgers. A copy of this study is attached hereto for the Board's information. The study also contains recommendations to the Board as to how the change to preferred use can be made, without injury to other appropriators.
7. That no other appropriator from the same source of supply will be injured in any way.
8. That maps in duplicate, prepared by B. R. Tape; a registered Wyoming surveyor, accompany this petition and show the Unnamed Ditch, the location of lands from which the water appropriation is to be detached, the location, profile and hydraulics of the Unnamed Municipal Pipeline through which the appropriation is to be conveyed for preferred use, and the location of such use.
9. That fees in the amount of twenty-four dollars ($24.00) accompany this petition.
It is the prayer of your petitioner:
a. That the appropriation of water, herein described, which has been acquired by the Town of Rodgers, Wyoming, be detached from the lands to which same are attached by use and changed to preferred use for general municipal use within the city limits of the Town of Rodgers, as described in paragraph 3 above. b. That the point of diversion and means of conveyance for the aforesaid appropriation of water be changed from the No Name Ditch, diverting from No Name Creek at a point 5. 25 degrees, 10 minutes E., a distance of 273 feet from the northwest corner of Section 13, Township 38 North, Range 79 West, and situated in the NEI/4NE1/4 of said Section 13 to the Unnamed Municipal Pipeline, diverting from the same source of supply at a point 5. 27 degrees, 05 minutes E., a distance of 969 feet from the west quarter section corner of Section 6, Township 39 North, Range 78 West, and situated in Lot 7 (NWI/4SW1/4) of said Section 6. c. That a hearing be held as provided by Section 41-3-103.
41-3-104, Wyoming Statutes 1977.
d. That an amended certificate of appropriation for the J.
W. Jones Appropriation be issued to the Town of Rodgers, Wyoming, for use within the city limits as described in paragraph 3 above, without loss of priority, and that a proper Order of the Board be entered recording same; and further, that a proper Order of the Board be entered recording the change of point of diversion and means of conveyance as set forth in paragraph b. above. Respectfully submitted,
(Signed)________
James J. Jones, Mayor Town of Rodgers, Wyoming
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~.-The foregoing instrument was acknowledged before me this ___ day of ____.
19__ Witness my hand and official seal.-
(signed)________
Notary Public
My Commission expires ________
THE FOLLOWING IS A SAMPLE OF AN INSTRUMENT WHICH CAN BE USED TO FACILITATE A PETITION FOR CHANGE TO PREFERRED USE:
Know All Men by These Presents:
That John Doe, a single man, grantor, of Glenrock, Converse County, Wyoming, for and in consideration of One Dollar ($1.00) and other good and valuable considerations, to him in hand paid, the receipt of which is hereby acknowledged, does hereby convey and warrant to the Town of Rodgers, Wyoming, a municipal corporation, grantee, of Natrona County, Wyoming, the following described property rights, water appropriation and easements, lying and being in the County of Natrona, State of Wyoming, more particularly described as follows:
The right to the use of that appropriation of water from No Name Creek, diverting through the No Name Ditch, Territorial Appropriation, adjudicated in the name of J. W. Doe, under Proof No. 1491, with priority of May 16, 1885, in the amount of one cubic foot of water per second of time, which is attached for the irrigation of:
Township 38 North, Range 79 West Section 13: NEI/4NW1/4 35 Acres NWI/4NW1/4 35 Total 70 Acres (1.00 c.f.s.)
a total of 70 acres in Section 13, Township 38 North, Range 79 West, with preferred and exclusive right to take, and divert and use said appropriation of water preference and to the exclusion of the remaining part of this or any other appropriation of water of the grantor.
The grantee is hereby authorized to detach the water right from the lands herein described and change it to include any or all preferred use, as described in W.S. 41-3-102, also to change the point of diversion and means of conveyance of the water of said appropriation to any location that may be designated by the Town of Rodgers, Wyoming, grantee, and to file the necessary proceedings with the State Board of Control to make these changes; and any order or decree of the said State Board of Control or confirmation of same by the Court is hereby acquiesced in by the grantor, and it shall be binding upon the said grantor, his successors and assigns.
The grantor hereby waives any and all notices which may be required by the Statute, and especially those required in condemnation
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11~
tion proceedings provided by W.S. 41-3-103, and states that neither he nor his successors or assigns 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 and for which it is hereby agreed that the grantor has received full and adequate compensation.
(Signed)________
John Doe
The foregoing instrument was acknowledged before me this _ day of _, 19__
Witness my hand and official seal.
(Signed)________
Notary Public
My Commission expires: ________
Section 16. Involuntary Abandonment. An involuntary abandonment is the forfeiture of a water right which has not been exercised for at least the five consecutive years last past when water was available to satisfy the right. Years during which a water supply was not available are not included. For example, say water was available during the last four years, but not the one before; if six years previous a supply was available but not used, the period of time would be extended to include the six years last past. A petition for involuntary abandonment may be brought before the State Board of Control by any individual who might be benefited by a declaration of abandonment of an existing water right or who might be injured by the reactivation of an unused water right. The petitioner must hold a valid adjudicated water right or permit to appropriate water from the same source of supply which is equal to or junior in date of priority to the right for which abandonment is sought, including a surplus water right if the right sought to be abandoned has a priority date of March 1, 1945, or earlier. A petition for involuntary abandonment requires a fee of thirty dollars ($30.00) for each appropriation for which abandonment is sought. Forfeiture by abandonment, initiation of the proceedings, hearing and notification procedures, the defenses allowed by law, entry of the Board's Order, and the payment of recording costs are provided for and controlled by W.S. 41-3-401 and the contested case procedure set out in these regulations. The state engineer may also initiate abandonment proceedings under certain conditions as stated in L.J.S. 41-3-402. A petition for declaration of abandonment must be supported by complete documentation which shows the ownership of each challenged appropriation and of the appropriation or appropriations upon which the petitioner relies for standing so that the Board's staff may provide notice to all persons believed to have any interest in the proceeding. The petitioner is required by specifically list the lands served by each challenged appropriation and to name all persons known or believed to have any ownership interest. The Board's staff may be contacted for assistance in describing adjudicated appropriations to be placed in contest; and the State Engineer's Office may be contacted for assistance in describing unadjudicated permits to appropriate water. The respective county records and all other readily available public records should be searched to obtain the names and addresses of the owners. As a minimum, the petition should reference the appropriators' names shown on the records of the Board of Control and provide as much current information on ownership as he has available to him. The petition should be substantially in the form indicated below and must contain the following information:
1"--a. HEADING -- Sufficiently describe and identify the appropriation
for which a declaration of abandonment is sought. b. OPENING STATEMENT -- Identify the contestant; show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the contestant is the owner of an appropriation of water that is affected by the abandonment. Identify the appropriation by the name of the original appropriator, name of the ditch, source of supply, permit number and priority. Also describe the lands irrigated thereby. Indicate that a certificate of ownership from the county clerk accompanies the petition.
ITEM 2 -- Set forth the present ownership and completely describe the appropriation for which a declaration of abandonment is sought, showing the name of the original appropriator, proof number, stream, ditch, permit number
and priority. State that a certificate of ownership from the county clerk accompanies the petition.
ITL?! 3 -- State that water has not been applied to beneficial use for at least five consecutive years last past when water was available for use. The five years need not be consecutive if there were intervening years when water was not available. However, the specific five years at issue must be specified in the petition.
d. PRAYER -- Follow the format set out in the sample petition which follows.
e. If the sought for abandonment concerns only portions of an appropriation, the Board requires that a map or maps be submitted showing the situation as it exists on the ground, including a delineation of the portion of each legal subdivision for which the water rights are sought to be abandoned.
f. The superintendent shall notify the holder of the water rights sought to be abandoned by certified mail that a hearing will be held.
The hearing shall be conducted pursuant to all applicable provisions of the Wyoming Administrative Procedure Act. All notices shall advise interested parties of the time, place and purpose of the
1 (I __ __
hearing. The parties initiating abandonment actions are designated as contestants. Water right holders or other persons with interest in the rights sought to be abandoned are designated as contestees. In any case where notice by certified mail cannot be accomplished, an advertisement published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the abandonment is alleged to have occurred, naming the parties in the case and setting for the time, place and purpose of the hearing is sufficient. The costs of advertising shall be paid by the contestant or contestants.
g. A transcript shall be made of the hearing and delivered to the superintendent. The contestants shall pay for the costs of establishing the record of the proceedings. At the conclusion of the hearing, the transcript, all other evidence, and a report of the superintendent shall be transmitted to the Board by the superintendent. As soon thereafter as may be possible, the Board shall vote to declare the right in question abandoned, either wholly or partially, or decline to do so.
PETITION FOR DECLARATION OF ABANDONMENT OF THE J. W. DOE APPROPRIATION ) BEFORE THE DIVERTING FROM NO NAME CREEK, THROUGH) STATE BOARD OF CONTROL THE NO NAME DITCH, PETIT 3214, ) CHEYENNE, WYOJMING WITH A PRIORITY OF iHY 16, 1885. O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1281
STATE OF WYOMING
55.
COUNTY OF JOHNSON
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 lands to which the following described appropriation is attached as evidenced by the attached Certificate of Ownership of the County Clerk, of Johnson County, which accompanies this petition.
The Jane Doe Appropriation diverting through the Unnamed Ditch from No Name Creek under Permit No. 2200, as of record in Order Record 3, cage 410, Certificate Record 6, cage 320, Proof No. 3810, with priority of January 15, 1900, for the irrigation of the following lands:
Township 46 North, Range 80 West Section 12: 5EI/45W1/4 30
acres
SWI/45EI/4 37 acres SEI/45EI/4 40 acres
97 acres (1.39 c.f.s.)
2. That James Doe, Box 0, Buffalo, Wyoming is the owner of record of the lands to which the following described appropriation is attached as evidenced by the attached Certificate of Ownership of the County Clerk, of Johnson County, which accompanies the petition.
The J. W. Doe Appropriation, adjudicated From No Name Creek through the No Name Ditch under Permit No. 3214, as of record in Order Record 2, Jage 446, Certificate Record 2, page 435, Proof No. 1491, with priority of May 16, 1885, for the irrigation of the following lands:
Township 46 North, Range 80 West
Section 10: NEI/45EI/4 20 acres
SLI/45EI/4 10 acres Section 11:
NWI/4SW1/4 35 acres
SWI/45W1/4 38 acres
Total 103 acres (1.47 c.f.s)
Total acreage for which abandonment is sought by this petition is 103 acres.
3. That the water has not been applied to beneficial use through the No Name Ditch under the J. W. Doe
Appropriation, Permit No.
3214, Proof No. 1491, upon the lands of record, as described above, for five consecutive years last past, when water was available for this purpose, and that your Petitioner will be benefited by a declaration of abandonment of this appropriation as described in Item 2 above.
4. That fees in the amount of twenty-four dollars ($24.00) accompany this petition.
Therefore, 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 Board be entered declaring an abandonment of the appropriation of water described in Item 2 above.
Respectfully submitted,
(Signed)_____ John Ioe
The foregoing instrument was acknowledged before me this _ day of _, 19__
Witness my hand and official seal.
(Signed)_____ Notary Public
My Commission expires:_____ relinquishment by its owner which is accomplished by petition to the State Board of Control. A petition for voluntary abandonment must contain the following information: -
a. HEADING -- Sufficiently identify the appropriation to be voluntarily abandoned.
b. OPENING STATEMENT -- Identify the petitioner; show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the petitioner is the sole owner of the appropriation and the adjudicated lands of record which are to be abandoned. Mention inclusion of a certificate of ownership from the county clerk. Describe the appropriation in detail and show the name of the original appropriator, proof number, stream, ditch, permit number, and priority. Delineate the lands of record by legal subdivision under the appropriation. Give a reference to the records of the State Board of Control.
ITEM 2 - State that water under the appropriation is not presently being applied to beneficial use upon the adjudicated lands and that it will not be diverted or used in the future.
d. PRAYER -- Declare the intention to abandon the above-described appropriation, and request a proper Order of the Board.
e. No fees are required for a petition for voluntary abandonment.
NO NAME RIVER, THROUGH THE NO NAME ) CHEYENNE, WYOMING DITCH.
O.R. 2, P. 446; NO C.R. OF RECORD; PROOF NO. 1491
STATE OF WYOMING
)SS.
COUNTY OF CARBON
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 lands in the following described appropriation as evidenced by the attached Certificate of Ownership of the Carbon County Clerk, of Carbon County, which accompanies this petition.
2. That the appropriation involved is the J. W. Doe Appropriation, Territorial Appropriation, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, and of record in Order Record 2, page 446, no certificate of record, Proof No. 1491, with priority of Spring 1889, for the following lands:
Township 12 North, Range 80 West Section 2:
| NEI/4NEI/4 30 acres | |
|---|---|
| NWI/4NEI/4 20 acres | |
| SWI/4NEI/4 30 acres | |
| Total | 80 acres (1.14 c.f.s.) |
3. That the appropriation of water described above is not presently being put to beneficial use and will not be diverted or used in the future.
4. That your Petitioner declares his intention to voluntarily abandon the appropriation described above and requests that a proper Order of the State Board of Control be entered declaring such voluntary abandonment.
5. That no fees are required for this petition.
Respectfully submitted,
(Signed)___ John Doe
~g,'1~
The foregoing instrument was acknowledged before me this _ day of _, 19__
Witness my hand and official seal.
(Signed)________
Notary Public
My Commission expires: ______
Section 18. Appeal from Endorsement. An appeal to the State Board Of Control from an endorsement of the State Engineer on an application for permit to appropriate water or on an issued permit is authorized by W.S. 41-4-517. Such an appeal should include:
a. HEADING -- Identify the application or permit in question by the name of the proposed project and by temporary filing number or permit number.
b. OPENING STATEMENT -- Identify the applicant; show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- State that an application was filed or a permit issued; show the date of filing and name of the project; and give the temporary filing number or permit number. Show the nature of the challenged endorsement and the reasons stated in the endorsement.
ITEM 2 -- State the reasons for appeal.
a. PRAYER -- The prayer should ask for a hearing by the State Board of Control and a reversal or 'modification of the State Engineer's action.
APPEAL FROM THE ENDORSEMENT OF THE STATE ENGINEER UPON ) BEFORE THE THE APPLICATION FOR PERMIT ) STATE BOARD OF CONTROL TO CONSTRUCT THE NO NAME DITCH, ) CHEYENNE, WYOMING TEMPORARY FILING NO. 00 5/150.
STATE OF WYOMING )SS. COUNTY OF CONVERSE
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 of Wyoming 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 of Wyoming 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 following reasons: '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, in fact, 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 Board reversing the action of said State Engineer.
Respectfully submitted,
(Signed)_____ John Doe
The foregoing instrument was acknowledged before me this _ day of _, 19__
Witness my hand and official seal.
(Signed)_____ Notary Public
My Commission expires: _____
APPEAL FROM THE ENDORSEMENT OF THE STATE ENGINEER UPON ) BEFORE THE THE APPLICATION FOR PERMIT - STATE BOARD OF CONTROL TO CONSTRUCT THE NO NAME DITCH, ) CHEYENNE, WYOMING TEMPORARY FILING NO. 00 5/150.
STATE OF WYOMING )SS. COUNTY OF CONVERSE
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 of Wyoming 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 of Wyoming 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 following reasons: '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, in fact, 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 Board reversing the action of said State Engineer.
Respectfully submitted,
(Signed)_____ John Doe
The foregoing instrument was acknowledged before me this _ day of _, 19__
Witness my hand and official seal.
(Signed)_____ Notary Public
My Commission expires: _____
Section 19. Change in Location of Well. Petitions affecting adjudicated ground water rights will follow the same format as those for surface water rights with some exceptions based on 'what is requested by the petitioner. When a petition is submitted to the Board to amend a ground water appropriation, it must be accompanied by copies of all meter or pumping power records for at least 5 years past to the extent available. A transfer may be allowed for the amount of water the well is actually capable of producing, but not in excess of the adjudicated right or the demonstrated amount of use during the past five years, whichever is less. A condition of approval on any change in location of a well shall be that no injury will occur to any other appropriator. The new well location must be documented in the records of the State Board of Control by a new survey tie certified to by a licensed surveyor. A new plat is not required except as may be necessary to show the new location. The petition must contain:
a. HEADING -- Show ample description and identification of the appropriation to be changed.
b. OPENING STATEMENT -- Identify the petitioner, show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the petitioner is the present owner of the ground water appropriation involved in the petition, and identify the documentary evidence of ownership being furnished with the petition.
ITEM 2 -- Describe the appropriation listing the name of the well, permit number (or statement of claim or well registration number), proof number, Order Record Book and page number, Certificate Record Book and page number, and priority date. If the appropriation is for irrigation, the irrigated acreage must be listed. All this information is available on the copy of the Certificate Record, which the owner received after the well was adjudicated.
ITEM 3 -- Set forth the change that is desired. Types of changes include, but are not limited to:
Section 19. Change in Location of Well. Petitions affecting adjudicated ground water rights will follow the same format as those for surface water rights with some exceptions based on 'what is requested by the petitioner. When a petition is submitted to the Board to amend a ground water appropriation, it must be accompanied by copies of all meter or pumping power records for at least 5 years past to the extent available. A transfer may be allowed for the amount of water the well is actually capable of producing, but not in excess of the adjudicated right or the demonstrated amount of use during the past five years, whichever is less. A' condition of approval on any change in location of a' well shall be 'that no injury will occur to any other appropriator. The new well location must be documented in the records of the State Board of Control by a new survey tie certified to by a licensed surveyor. A'new plat is not required except as 'may be necessary to show the new location. The petition must contain:
a. HEADING -- Show ample description and identification of the appropriation to be changed.
b. OPENING STATEMENT -- Identify the-petitioner, show a mailing address and give a general introduction.
c. BODY
ITEM 1 -- Show that the petitioner is the present owner of the ground water appropriation involved in the petition, and identify the documentary evidence of ownership being furnished with the petition.
ITEM 2 -- Describe the appropriation listing the - name of the well, permit number (or statement of claim or well registration number), proof number, - Order Record Book and - page number, Certificate Record Book and page number, and priority date. If the appropriation is for irrigation, the irrigated acreage must be listed. All this information is available on the copy of the Certificate Record, which the owner received after the well was adjudicated.
ITEM 3 -- Set forth the change that is desired. Types of changes include, but are not limited to:
change in location of irrigated lands (or points of use), change in means of conveyance (required only if the change is extensive), change in use, or change in location of well.
ITEM 4 -- This paragraph sets out justification for the proposed change.
ITEM 5 -- Indicate that the well, if a new well is involved, will be in the same ground water basin and the same aquifer. If the well is in a ground water control area, note that the approval of the Control Area Advisory Board is attached to the petition.
ITEM 6 -- Maps in duplicate are required in most instances. (See Chapter V, Section 5. However, if only a change in well location is proposed, a letter certificate from a licensed engineer or land surveyor is sufficient, provided that such letter certificate indicates a tie, by distance and direction, has been made to the new site. A correction can then be added to the proof-map in the Board's records.
ITEM 7 -- If the petition is of a type requiring fees, the amount forwarded with the petition should be reflected here.
ITEM 8 -- If applicable, state that the old well will be properly abandoned and sealed, and that a statement of completion, provided that the petition is granted, will be submitted to the State Board of Control within 30 days after Completion.
d. PRAYER -- State briefly, in summary, specifically what is desired to be accomplished by the petition. (See sample on following page)
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change in location of irrigated lands (or points of use), change in means of Conveyance (required only if the change is extensive), change in use, or change in location of well.
ITEM 4 -- This paragraph sets out justification for the proposed change.
ITEM 5 -- Indicate that the well, if a new well is involved, will be in the same ground water basin and the same aquifer. If the well is in a ground water control area, note that the approval of the Control Area Advisory Board is attached to the petition.
ITEM 6 -- Maps in duplicate are required in most instances. (See Chapter V, Section 5. However, if only a change in well location is proposed, a letter certificate from a licensed engineer or land surveyor is sufficient, provided that such letter certificate indicates a tie, by distance and direction, has been made to the new site. A correction can then be added to the proof@map in the Board's records.
ITEM 7 -- If the petition is of a type requiring fees, the amount forwarded with the petition should be reflected here.
ITEM 8 -- If applicable, state that the old well will be properly abandoned and sealed, and that a statement of completion, provided that the petition is granted, will be submitted to the State Board of Control within 30 days after completion.
d. PRAYER -- State briefly, in summary, specifically what is desired to be accomplished by the petition.
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PETITION FOR A CHANGE IN LOCATION OF THE NO NAME WELL, PERMIT NO.) BEFORE THE U.W. 3214, WITH PRIORITY OF April 3, ) STATE BOARD OF CONTROL 1959.) CHEYENNE, WYOMING O.R. 18, P. 291; C.R. U.W. 1, P. 38; PROOF NO. U.W. 121
STATE OF WYOMING ) SS. I COUNTY OF ALBANY
Comes now, John Doe of Rex Route, Box 20, Laramie, 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 present owner of the lands irrigated by the appropriation to be changed, as evidenced by the Certificate of Ownership of the County Clerk, of Laramie County, which accompanies this petition.
2. That the well to be relocated is the No Name Well under the J. W. Doe Appropriation, Permit No. U.W. 3214 as of record in Order Record 18. page 291. Certificate Record U.W. 1. page 38. Proof No.
U.W. 121, with priority of April 3, 1959, for 500 gallons per minute for irrigation of the following lands:
Township 13 North, Range 63 West Section 14: SW1/45E1/4 10
acres
SE1/45E1/4 25 acres Section 23: NE1/4NE1/4 40 acres
NW1/4NE1/4 30 acres Total 105 acres
3. That it is desired to change the location of the No Name Well from its present record point of S. 15 degrees, 45 minutes W., 125 feet from the northeast corner of Section 23, Township 29 North, Range 111 West, to a new point located N. 45 degrees, 15 minutes W., 48 feet from the southeast corner of Section 14, Township 29 North, Range 111 West, and in the SE1/4SE1/4 of said Section 14. The lands now irrigated as shown in Item 2 above will not be affected and will remain irrigated.
4. That the reason for this requested change is that the casing of the present well has deteriorated and a partial cavein has occurred, drastically reducing the amount of water available. It is more economical to relocate the No Name Well than to repair it.
5. That the proposed new location of the well is within the same ground water basin as the original well and, as nearly as can be determined, will pump water from the same aquifer. Consent from the Laramie Ground Water District Advisory Board has been obtained and is attached to this petition.
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---PETITION FOR A CHANGE IN LOCATION OF THE NO NAME WELL, PERMIT NO.)BEFORE THE U.W. 3214, WITH PRIORITY OF April 3, ) STATE BOARD OF CONTROL 1959.)CHEYENNE, WYOMING O.R. 18, P. 291; C.R. U.W. 1, P. 38; PROOF NO. U.W. 121
STATE OF WYOMING
Comes now, John Doe of Rex Route, Box 20, Laramie, 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 present owner of the lands irrigated by the appropriation to be changed, as evidenced by the Certificate of Ownership of the County Clerk, of Laramie County, which accompanies this petition.
2. That the well to be relocated is the No Name Well under the J. W. Doe Appropriation, Permit No. U.W. 3214 as of record in Order Record 18, page 291, Certificate Record U.W. 1, page 38, Proof No. U.W. 121, with priority of April 3, 1959, for 500 gallons per minute for irrigation of the following lands:
Township 13 North, Range 63 West
3. That it is desired to change the location of the No Name Well from its present record point of S. 15 degrees, 45 minutes W., 125 feet from the northeast corner of Section 23, Township 29 North, Range 111 West, to a new point located N. 45 degrees, 15 minutes W., 48 feet from the southeast corner of Section 14, Township 29 North, Range 111 West, and in the SE1/4SE1/4 of said Section 14. The lands now irrigated as shown in Item 2 above will not be affected and will remain irrigated.
4. That the reason for this requested change is that the casing of the present well has deteriorated and a partial cave-in has occurred, drastically reducing the amount of water available. It is more economical to relocate the No Name Well than to repair it.
5. That the proposed new location of the well is within the same ground water basin as the original well and, as nearly as can be determined, will pump water from the same aquifer. Consent from the Laramie Ground Water District Advisory Board has been obtained and is attached to this petition.
OF THE NO NAME WELL, PERMIT NO.)BRFORE THE U.W. 3214, WITH PRIORITY OF April 3, ) STATE BOARD OF CONTROL 1959.)CHEYENNE, WYOMING O.R. 18, P. 291; C.R. U.W. 1, P. 38; PROOF NO. U.W. 121
STATE OF WYOMING )SS.1 COUNTY OF ALBANY
Comes now, John Doe of Rex Route, Box 20, Laramie, 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 present owner of the lands irrigated by the appropriation to be changed, as evidenced by the Certificate of Ownership of the County Clerk, of Laramie County, which accompanies this petition.
2. That the well to be relocated is the No Name Well under the J. W. Doe Appropriation, Permit No. U.W. 3214 as of record in Order Record 18, page 291, Certificate Record U.W. 1, page 38., Proof No. U.W. 121, with priority of April 3, 1959, for 500 gallons per minute for irrigation of the following lands:
Township 13 North, Range 63 West Section14: SW1/4SE1/410acres SE1/4SE1/425acres Section23: NE1/4NE1/440acres NW1/4NE1/430acres Total105acres
3. That it is desired to change the location of the No Name Well from its present record point of S. 15 degrees, 45 minutes W., 125 feet from the northeast corner of Section 23, Township 29 North, Range 111 West, to a new point located N. 45 degrees, 15 minutes W., 48 feet from the southeast corner of Section 14, Township 29 North, Range 111 West, and in the SE1/4SE1/4 of said Section 14. The lands now irrigated as shown in Item 2 above will not be affected and will remain irrigated.
4. That the reason for this requested change is that the casing of the present well has deteriorated and a partial cave-in has occurred, drastically reducing the amount of water available. It is more economical to relocate the No Name Well than to repair it.
5. That the proposed new location of the well is within the same ground water basin as the original well and, as nearly as can be determined, will pump water from the same aquifer. Consent from the Laramie Ground Water District Advisory Board has been obtained and is attached to this petition.