037-1 Wyo. Code R. §§ 1-17 - Water Rights Transfers
(a) Changes of
place of use are authorized by W.S. 41-3-104. This type of petition is filed
when lands with attached adjudicated water rights which, for example, have
become seeped or otherwise unfit for production of crops by irrigation, and it
is the desire to change the land description by excluding these lands and
substituting other suitable lands of equal or less area. This type of petition
is also used to redescribe appropriations to reflect on the record the actual
situation on the ground.
(b)
Changes of use are authorized by W.S. 41-3-104. A change of use may be allowed
"provided that the quantity of water transferred by the granting of the
petition shall not exceed the amount of water historically diverted under the
existing use, nor exceed the historic rate of diversion under the existing use,
nor increase the historic amount consumptively used under the existing use, nor
decrease the historic amount of return flow, nor in any manner injure other
existing lawful appropriators." In considering a proposed change of use, the
Board must quantify the rights proposed for change of use based upon actual
diversion or pumping records or otherwise reliable information. The Board also
examines the economic losses and benefits of the proposed change of use and
inquires into "whether other sources of water are available for the new
use".
Notes
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