037-7 Wyo. Code R. § 7-4

Current through April 27, 2019

Section 7-4 - Petition to Correct Errors and Misdescriptions

a. A petition to correct errors and misdescriptions must be made by the owner of the lands or his agent. It must be accompanied by conclusive evidence to show that the change desired was caused by an error or misdescription. Maps may or may not be required, depending on the character of the error which is being corrected. A petition to correct errors and misdescriptions must meet the following requirements:

• (1) HEADING - State the purpose of the petition, identify the well by permit number and name.

• (2) OPENING STATEMENT - Identify the petitioner, show a mailing address, and give general introduction.

• (3) ITEM 1 - State that the petitioner is the sole owner of the well and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located, or assignment of well or other sufficient instrument if the petitioner is not the permittee of record.

• (4) ITEM 2 -- Give the status of the permit, such as "Permit No. U.W. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."
  • (a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.

• (5) ITEM 3 - Describe the portion of the permit, as originally filed, in error.

• (6) ITEM 4 - Describe the desired correction.

• (7) ITEM 5 - State how the error occurred if this information is available.

• (8) ITEM 6 - State whether or not any other appropriator will be injured in any way by the correction or error in description.

• (9) ITEM 7 - State whether or not a map is necessary to accompany this petition.

• ( 10) ITEM 8 - Indicate the amount of fees which accompany this petition.

• (11) PRAYER - Set-out the prayer of the petitioner. The prayer of the petitioner should set-out the results the petitioner desires to accomplish.

b. The sample petition on page 70 may be used as a guide for preparing a petition to correct errors and misdescriptions.

PETITION TO CORRECT ERRORS ) BEFORE THE

IN PERMIT NO. U.W. 20123, ) STATE ENGINEER

THE JONES NO. 1 WELL ) CHEYENNE, WYOMING

STATE OF WYOMING )

) SS.

COUNTY OF CROOK )

COMES NOW, John Jones and Simon Smith, both of Beulah, County of Crook, State of Wyoming, who being duly sworn on oath according to law, do hereby make the following statement of facts and petition:

• 1. THAT they are the sole owners of Permit No. U.W. 20123, the Jones No. 1 Well, with a priority of October 12, 1958, and all the lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Crook County accompanying this petition.

• 2. THAT Permit No. U.W. 20123 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

• 3. THAT Permit No. U.W. 20123 and the accompanying map copy shows the Jones No. 2 Well, Permit No. U.W. 20124, supplying water to the 5 acres located in the NE1/4NE1/4 Section 10, T.53N., R.64W.

• 4. THAT said Jones No. 2 Well does not irrigate these lands and that the lands are actually being irrigated by the Jones No. 1 Well.

• 5. THAT the petitioners do not know how such error in description occurred, but presume that it may have been made by the applicant for Permit No. U.W. 20123.

• 6. THAT no other appropriator from the same source of supply will be injured in any way by this correction of error in description in Permit No. U.W. 20123.

• 7. THAT a linen map will not accompany this petition as it appears unnecessary since the petition only prays for the correction of errors in the permit, and the original map showed the location properly except for the error in the name of source of supply and the number of the township.

• 8. THAT recording fees in the amount of $______accompany this petition.

  IT IS THE PRAYER of your petitioner that Permit No. U.W. 20123 and the original map be corrected by proper endorsement thereon; that a proper notation be entered on the record of Permit No. U.W. 20123 to correctly show the 5 acres in the NE1/4 NE1/4 Section 10, T.53N., R.64W. as being supplied by the Jones No. 1 Well and not the Jones No. 2 Well; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.

  Respectfully submitted,

  (Signed)_______________________________

  JOHN JONES

  (Signed)_______________________________

  SIMON SMITH

  The foregoing instrument is acknowledged before me this_____day of _________________________,19____.

  Witness my hand and official seal.

  (Signed)_______________________________

  Notary Public

  My commission expires:_____________________________

037-7 Wyo. Code R. § 7-4