. If an applicant desires to utilize an existing ditch,
pipeline, or other facility established previously by a permit issued by the
State Engineer, for the purpose of irrigating additional area or for increased
use for other purposes, an application should be submitted to the State
Engineer on an Enlargement Application Form {{ Form S.W. 2. The requirements
listed previously for filling out original water right application forms (see
Section 2 of this Chapter) apply also to the Enlargement Application Forms,
with the fol-loving exceptions:
a.
NAME OF FACILITY TO BE ENLARGED -- Identify the enlargement as
"First Enlargement of the Model
Ditch" or "Second Enlargement of the
Model Ditch" or "Smith
Enlargement of the Model Ditch". Use the same name for
the ditch or other facility as shown on the records on file in the State
Engineer's Office.
b. ITEM 5(a) --
"The head gate of the facility to be enlarged is located . . . ." -- This
information must be identical to the current data of record.
c. ITEM 5(b) -- "Said facility has . . . ."
-- This information must be identical to the current data of record.
d. ITEM 5(c) - "Lands irrigated under said
facility are described in Permit Nos....." - List all appropriations, including
territorial appropriations, adjudicated permits, valid permits, and pending
applications. This includes all rights for irrigation, original, supplemental,
or secondary supplies; reservoir supplies; etc.
e. ITEM 6 - "If the enlarged or extended
portion of the proposed facility is located on lands owned by the State or
Federal Government, describe lands and indicate whether State or Federally
owned." This requirement is made necessary as the result of a memorandum of
understanding between the State Engineer's Office and agencies administering
Federal and State lands.
f. ITEM
7(a) - If the proposed enlargement will require a physical extension of the
ditch, a location of the beginning of the extension should be given by course
and distance from the nearest corner of the public land survey, and the 40-acre
subdivision in which the extension begins should be indicated. If no physical
extension of the ditch to be enlarged will be required, this item need not be
filled out.
g. ITEM 7(b) -- This
item should be completed if a physical enlargement is made to enable the ditch
to carry a larger appropriation.
h.
The applicant should secure the written consent of the sole owner or owners of
the facility, agreeing to the proposed enlargement. The granting of a permit by
the State Engineer to enlarge a facility does not grant the permittee any right
to use the property of another, but is merely a permit to appropriate water. If
it is impossible to secure the consent of the sole owner or owners of the
facility, to the proposed enlargement, this fact should be stated under
"CONSENT TO ENLARGE". For sample application, see pages 22 and 23.
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