037-1 Wyo. Code R. § 1-17

Current through April 27, 2019
Section 1-17 - Interference Complaints

Any appropriator of either surface or ground water may file a written complaint alleging interference with his water right by a later priority ground water right. Complaints are to be filed with the State Engineer and must set out in detail the facts pertinent to the situation. Each complaint is to be accompanied by a fee of $100 to help defray the cost of the investigation. Upon receiving the complaint and fee, the State Engineer shall undertake an investigation to determine if the alleged interference does exist.

Following the investigation, the State Engineer will issue a report stating his findings and suggestions on various means of stopping, rectifying or ameliorating the interference or damage.

ANY INTERESTED APPROPRIATOR WHO IS DISSATISFIED WITH THE RESULTS OF THE FOREGOING PROCEDURE MAY PROCEED UNDER THE APPLICABLE PROVISIONS OF THE WYOMING ADMINISTRATIVE PROCEDURE ACT. IF A HEARING IS TO BE HELD, IT SHALL BE HELD BEFORE THE APPROPRIATE DIVISION SUPERINTENDENT. THE DIVISION SUPERFNTENDENT SHALL REPORT TO THE BOARD OF CONTROL AT ITS NEXT MEETING. THE BOARD SHALL ISSUE ITS ORDER TO INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW.

NOTE: This section is not applicable to interference between two surface water rights.

037-1 Wyo. Code R. § 1-17