037-5 Wyo. Code R. §§ 5-12 - Change of point of diversion - Surface Water
The required contents for a petition for change of point of diversion of surface water 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) and appropriation to be
changed.
(b) OPENING STATEMENT -
Identify the petitioner; show a mailing address and give a general
introduction.
(c) BODY -
(i) 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.
(ii) ITEM 2 - Identify the original
appropriator, and give the name of the ditch (or reservoir), the proof number,
the Order Record Book and page number, the Certificate Record Book and page
number, and the priority date of all adjudicated appropriations and all permits
in good standing which utilize the point of diversion which is to be
changed.
(iii) 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 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.
(iv) ITEM 4 -
Give reasons why the proposed change is desirable.
(v) ITEM 5 - Indicate whether or not there
are any intervening diversions between the original and proposed new point of
diversion (or new reservoir 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 in
Appendix A with these Regulations and Instructions). If consents cannot be
obtained, a hearing must be held. It is the policy of the Board that a change
in point of diversion will be limited to the amount of water available in
priority at the original point of diversion.
(vi) ITEM 6 - Identify all intervening
tributaries or other sources of supply. If there are none, make a simple
statement to this effect.
(vii)
ITEM 7 - State whether or not any other appropriator from the same source of
supply will be injured in any way.
(viii) ITEM 8 - A map is required and must
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 the ditch (or reservoir) also
should be shown on the map. The map must show the lands irrigated which are
involved in the change.
(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
location).
(f) A change of point of
diversion petition may not be necessary if the new point of diversion for the
entire facility is in the same 40 acre subdivision as the record point of
diversion, if there are no intervening points of diversion or intervening
sources of supply, and if there are no injury concerns.
(g) This outline and sample petition in
Appendix A of these Regulations and Instructions 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 advice as to how to proceed.
(h) An alternate point of diversion may be
requested using the same instructions described above.
Notes
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