The appropriation of by-product water by ground water procedures (see Chapter I, page 6, for qualifications) is to be filed on the "Application for Permit to Appropriate Ground Water" (Form U.W. 5). Some modification of various items on the application form will be necessary, depending on whether oil and gas activities or various methods of mining are resulting in the production of such by-product water. If a well drilled for some non-water related activity is converted to use as a water well, the application will not need any modification.
If the by-product water is to be appropriated by someone other than the developer of by-product water, a copy of the executed agreement between the developer-grantor and the applicant-grantee must accompany all applications to appropriate by-product water using ground water procedures.
a. In the case of oil well separators, the number of producing oil wells tied to the separator and the formation(s) from which they are producing must be given in the "REMARKS" portion of the application. The location of the separator is required as are the point(s) or area(s) of use. Immediately following Item No. 6 on the application form (the proposed depth of the well), it must be noted that the facility is an oil well separator.
b. When by-product water resulting from underground mining activities is to be appropriated, the location of the mine sump and the point(s) or area(s) of use must be shown on the application form. It should be noted in the "REMARKS" portion of the application that underground mining is involved. Some modification of Item Nos. 6 and 7 on the application form will be necessary.
c. When by-product water from open-pit mining activities is to be appropriated, the State Engineer may waive the specific 40-acre location requested in No. 5 on the application form. In lieu of the specific 40-acre location, the applicant will be required to specify the boundaries within which the open-pit mining is to take place and also provide an estimate of the time schedule for the mining operation.
If the application is granted and a permit issued, an annual report will be required giving the progress of the mining operation, the present location of the open-pit and the present area(s) or point(s) of use. In addition to these items, the State Engineer may impose any other conditions and/or limitations he deems necessary to administer such appropriations of by-product water.
037-2 Wyo. Code R. § 2-6