037-2 Wyo. Code R. § 2-10

Current through April 27, 2019
Section 2-10 - Adjudication Procedure

The adjudication or "finalization" of a ground water right is the final step in the perfection of a ground water right. The purpose of adjudication is to establish and fix the amount of the appropriation, the use(s) to which the water can be applied and also the point(s) and/or area(s) of use.

The adjudication procedure involves the following steps:

a. An approved "Permit to Appropriate Ground Water" must be obtained from the State Engineer before any type of water well construction can commence.

b. Following completion of the well, a "Statement of Completion and Description of Well" form must be completed and submitted to the State Engineer's Office. Steps (a) and (b) are required for all wells. The adjudication procedure starts after the water is put to beneficial use and is presently required for all ground water rights except those being utilized for domestic and/or stock purposes.

c. The third step involves three parts. Part I is the submission of the "Proof of Appropriation and Beneficial Use of Ground Water" (Form U.W. 8) which indicates that the water has been applied to all the beneficial uses for which the water was appropriated.

Part II is a linen plat, or in certain instances, a quadrangle map, certified by an engineer or land surveyor licensed to practice within the State of Wyoming must accompany the Form U.W. 8. If a linen plat must be prepared, it must show the exact location of the well by bearing and distance from a known public land survey corner, and the exact location(s) or the point(s) or area(s) of use. If circumstances warrant the use of a quadrangle map, the location of the well and the point(s) or area(s) of use must be shown and clearly identified on the quadrangle map. Further information concerning the mapping requirements is found in Chapter V.

Part III is a field inspection. After the linen plat or quadrangle map and the "Proof of Appropriation and Beneficial Use" have been submitted to the State Engineer's Office, a representative of the State Engineer conducts a field inspection of the development to insure the accuracy of the plat or map and to measure the exact yield of the well. The field representative will collect pump and motor data (serial numbers, horsepower, size, etc.) at this time and also the legally required fees. (See Chapter 1, Section 8. )

d. Following the field inspection, the final proof will be advertised in a newspaper of general circulation within the county in which the well is located. This is to provide other appropriators with the opportunity to submit valid protests to the adjudication of the water right.

e. The final proof is then submitted to the Board of Control for their consideration. If the water right is approved by the Board of Control for adjudication, an Order is entered and a Certificate is issued, giving the permit number, appropriator's name, address, the name and location of the facility, the use(s) to which the water is to be applied, the point(s) or area(s)of use and the priority date.

If a protest to the adjudication of a ground water right is filed, a public hearing is held by the appropriate Water Division Superintendent for the purpose of providing all interested persons with an opportunity to be heard. Following the hearing, the Board of Control will issue an Order either approving or rejecting the adjudication of the water right. Anyone dissatisfied with a decision of the Board of Control has the right of appeal to the Courts as outlined in Chapter 1, Section 23, Page 7.

f. After the Certificate of Appropriation has been issued by the Board of Control, it is sent to the County Clerk of the county in which the well is located to be recorded and is then forwarded to the appropriator. A permanent record of the Certificate of Appropriation is also kept on file in the office of the Board of Control in Cheyenne.

037-2 Wyo. Code R. § 2-10