Wyo. Code R. 037-0009-1
Effective Date: 03/05/1974 to 04/06/2010
Rule Type: Superceded Rules & Regulations
Reference Number: 037.0009.1.03051974
Section 1. Duties of the State Engineer in regard to Ground Water. The ground waters of the State of Wyoming are the property of the State. The Wyoming State Engineer is charged with the administration of the rights to use this ground water. It is his responsibility to provide for the orderly development of the resource and to protect it against waste and contamination.
a. Any person who intends to acquire the right to the beneficial use of any ground water in the State of Wyoming shall file with the State Engineer, an application for a permit to make such appropriation. Construction of a well or other excavation for obtaining ground water shall not commence until a permit is granted by the State Engineer. If a well constructed for any other purpose shall be found to be suitable for the withdrawal of ground water, an application must be filed and approved before such water is utilized, (Section 41-138, Wyoming Statutes 57, as amended by Section 6, Chapter 213, Session laws of Wyoming 1969.)
b. The lotion of a well may be changed (that is, the well may be replaced) without loss of priority, provided that the well is completed in the same aquifer as the original well and the original well is properly removed from service. A petition requesting a change of location must be approved by the State Engineer if the water right is not adjudicated, or by the State Board of Control if the water right is adjudicated, (Section 41-134, Wyoming Statutes 1957, as amended by Section 1, Chapter 137, Session laws of Wyoming 1965.)
c. All flowing wells, whenever practical, must be capped or equipped so that the flow of water can be stopped when the wells are not in use. Both flowing and nonflowing wells must be so constructed and maintained so as to prevent the waste of ground water either above or below the land surface, (Section 41-126(g), Wyoming Statutes 1957, as amended by Section 3, Chapter 213, Session laws of Wyoming 1969.)
d. The State Engineer can require the abatement of any condition or the sealing of any well responsible for the admission of polluting materials into a ground water supply. (Section 41-126(h), Wyoming Statutes 1957, as amended by Section 3, Chapter 213, Session laws of Wyoming 1969.)
e. The State Engineer has the authority to establish standards for the construction of wells. Pursuant to Section 41-126(f), Wyoming Statutes 1957, as amended by Section 3, Chapter 213, Session laws of Wyoming 1969; and the Wyoming Administrative Procedure Act (Sections 9-276.19 through 9-276.33, Wyoming Statutes 1957, as enacted by Sections 1 through 18, Chapter 108, Session laws of Wyoming 1965); the State Engineer hereby adopts the following Water Well Minimum Construction Standards, Every well constructed after the adoption of these standards must be in compliance with them, Deviation from these standards must be approved in writing by the State Engineer.
Section 3. Definitions. The following definitions are provided for the sole purpose of proper interpretation of these Water Well Mini-mum Construction Standards,
a. ANNULAR SPACE means the space between two cylindrical objects, one of which surrounds the other; such as the space between the walls of a drilled hole and a casing, or between a casing and a liner.
b. AQUIFER means any underground geological structure of formation having boundaries that may be ascertained or reasonably inferred in which water stands, flows, or percolates.
c. ARTESIAN WATER means any water confined in an aquifer under pressure so that the water will rise in the well bore above the bottom of the layer overlying the aquifer, The term includes water from flowing wells and water under pressure in nonflowing wells,
d. CASING means any conduit placed in a well to prevent the walls from caving, to prevent pollution of the well, or to aid in increasing well yield. Casing includes, but is not limited to, unperforated or slotted pipe used either for outer casing or for liners, and well screens.
e. CONSOLIDATED FORMATIONS means naturally-occurring geologic materials that have been lithified (turned to stone), Commonly, this type of material will stand at the edge of an open bore hole without caving.
f. CONSTRUCTION OF A WELL means any artificial method of seeking or obtaining ground water,
g. CONTAMINATION -- See POLLUTION.
h. GRAVEL PACNED WELL means any well in which gravel or sand is placed in the annular space outside the well casing.
i. GROUND (UNDERGROUND) WATER means any water or geothermal steam available to wells under the surface of the land or the bed of any stream, lake, reservoir, or other body of surface water,
j. GROUT means stable, impervious, minimum-shrinkage bonding material that is capable of producing a watertight seal,
(1) NEAT CEMENT GROUT (or CEMENT GROUT) consists of 1 bag of cement (94 pounds) to not more than 6 gallons of water,
(2) CONCRETE GROUT (or CONCRETE) consists of cement, sand and water, in the proportions of 1 bag of cement (94 pounds), an equal volume of dry sand, and not more than 6 gallons of water,
k. INFERIOR QUALITY GROUND WATER means water that is so mineralized or polluted that it should not be comingled with usable ground water supplies.
1. MINERALIZED GROUND WATER means any naturally occurring ground water that has an unusually large amount of chemical constituents (dissolved minerals) in it.
m. PORTION (CONTINATION) OF GROUND WATER means any impairment, however caused, of the natural quality of ground water. Such pollution includes, but is not limited to, impairment by salines, minerals, industrial wastes, domestic wastes or sewage, organic material, live organisms, or radioactive material, whether in drafted directly or through infiltration into the ground water supply.
n. REMOVED FROM SERVICE WELL means any well that is no longer being used to supply water for beneficial purposes.
o. UNCONSOLIDATED FACTIONS means any naturally occurring geologic materials that have not been solidified and generally will not stand at the edge of an open bore hole.
q. WELL means any artificial, opening or excavation in the ground, however constructed, by which ground water is sought or from which it blows under natural pressure or is artificially withdrawn. An excavation for the purpose of artificial recharge to the ground water body, or for the disposal of industrial or municipal wastes, is also considered a well. A series of bore levels developed as a unit and pumped collectively by a single pumping unit shall be considered as one well. The term well, as used herein, excludes excavations made for the purposes of temporary re-watering of construction sites or mines; prospecting for oil, natural gas, minerals, or products of mining or quarrying; or for inserting media for repressing oil or natural rewearing formations; or for storing petroleum, natural gas or other products.