055-4 Wyo. Code R. §§ 4-12 - Aquifer Exemption

(a) An aquifer which contains fresh and potable water may be exempt from the definition in Chapter 1, Section 2(a), if the Commission by order, after due and legal notice and public hearing, determines any of the following criteria exists:

(i) It is mineral, hydrocarbon, or geothermal energy producing;

(ii) It is situated at a depth or location which makes recovery of fresh and potable water economically or technologically impractical;

(iii) It is so contaminated that it would be economically or technologically impractical to render the water fit for use as fresh and potable water;

(iv) It is located over a mining area subject to subsidence or catastrophic collapse; or,

(v) It has a total dissolved solids (TDS) of more than five thousand (5,000) and less than ten thousand milligrams per liter (10,000 mg/l) and is not reasonably expected to be used as fresh or potable water.

(b) Interested parties wishing to have an aquifer exempted must submit to the Commission an application which includes sufficient data to justify the proposal. At a minimum a structure or isopach map, geologic description, and legal description of the area to be exempt needs to be filed. The Commission will provide thirty (30) days legal notice prior to a public hearing on the matter.

Notes

055-4 Wyo. Code R. §§ 4-12

Amended, Eff. 6/3/2015.