037-10 Wyo. Code R. § 10-4

Current through April 27, 2019

Section 10-4 - Recording Fees

An Order of the Board of Control will be entered and will be recorded in the county records. Fees must be submitted to the Board with the request in the amount of Ten Dollars ($10). If less than this amount is needed, the balance will be refunded.

A sample of the request form follows.

STATE OF WYOMING

OFFICE OF THE STATE ENGINEER

REQUEST FOR STORAGE OF

A DIRECT FLOW RIGHT

As a holder or owner of a valid right to the direct use of the natural, unstored flow of a surface stream in the State of Wyoming, and in accordance with Section 41 - 29.1, Wyoming Statutes, 1957, pps 1973, and the Rules and Regulations of the State Engineer and Board of Control, the applicant hereby requests permission to store such direct flow at such times as it can be accomplished without injuring or affecting any other Wyoming appropriator.

(Note: This request form is prepared for the purpose of storage of water under a direct flow irrigation right only. In the event storage is proposed under a direct flow right issued for some purpose other than irrigation, it is suggested that as much information as possible be furnished on this form concerning the proposal together with whatever supplemental information is deemed necessary. The State Engineer will then determine if such proposal appears feasible.)

The details pertaining to this proposal are outlined as follows:

1. Name(s) of Water Right Holder____________________________________

________________________________________________________

Address____________________________________________

________________________________________________________

2. Identification of Right to be Stored

Permit Number_____________; Name of Ditch______________________;

Name of Original Appropriator______________________________ ;

priority_______________________; Use______________________________________;

Amount of Appropriation__________________c.f.s. for ______________Acres;

Source___________________________________________________________.

Location of Point of Diversion: Subdivision____1/4 ___1/4Section____________,

Township____________ Range________; Portion of Right Held by

Applicant_________________; Water Division No._____; Water District No.

____; Lands owned by applicant irrigated with said direct flow right

_____________________________________________________

3. History of Use of Appropriation

a. Is right proposed to be stored an active right in use at the present time? Yes____ No____.

b. During the immediate, past five-year period, when has the right been used for irrigation purposes? (In reply to this question, please indicate the days of the month that water was used each year and the amount of water diverted each of these days.)
19____.___________________________________________________________________

____________________________________________________________

____________________________________________________________

19____.__________________________________________________

____________________________________________________________

19____._________________________________________________________________

____________________________________________________________

19____.________________________________________________________________

____________________________________________________________

19___________________________________________________________

______________________________________________________________

4. Name and Location of Reservoir

It is proposed to score water under this request in the__________

____________________ Reservoir, located in Section____________, Township_____________, Range______________. This is an existing/a new resercovered under Permit No.____________ Res.

(strike out words not applicable)

5. Owner of Storage Reservoir

The above named reservoir is owned by__________________________

______________________________________________________________

(name)

__________________________________________________________

(address)

(Note: If reservoir is owned by someone other than the owner of the direct flow appropriation involved herein, a written agreement with the reservoir owner must be filed with this request, and said agreement should specify the conditions under which the reservoir owner agrees to the storage of the direct flow right: in said reservoir.)

6. Generally describe how storage of direct flow right will be accomplished and when it is proposed to make such storage.___________

__________________________________________________________

7. Describe lands where scored water will be used:

(Note: The use of water stored is restricted to the same lands covered under the direct flow right.)

__________________________________________________________

8. In the space below, draw a sketch map showing the location of the stream, the direct flow right involved, the location of the reservoir where water is to be stored, the location of the lands on which stored water is to be used and any other information which would help in understanding the proposal.

Image Not Available

Remarks:__________________________________________________

__________________________________________________________

(I) (We) hereby assert that no one will be injured by such storage of direct flow water and such storage will be at (my) (our) own risk. It is further agreed that the exercise of this right to store is subject at all times to the control of the water administrative officials, and the appropriate Water Commissioner and Water Division Superintendent will be notified in writing each time it is proposed to store water under this request. It is further understood that written approval of the Water Commissioner will be required each time water is to be stored.
A fee of Ten Dollars (S10) is enclosed with this request. (Note: If less than this amount is needed, the balance will be refunded).

The information contained in this request is true to the best of (my) (our) knowledge and belief.

__________________

(Signature of Applicant)

__________________

(Signature of Applicant)

__________________

(Signature of Applicant)

__________________

(Signature of Applicant)

This instrument is acknowledged before me this _______ day of _____________________________, 19____.

Witness ray hand and official seal.

__________________

(Notary Public)

My Commission expires:_________________________________

FOR WATER ADMINISTRATIVE USE ONLY

STATEMENT OF WATER COMMISSIONER

I,__________________________________, Water Commissioner of District

No._____, Water Division No,____, have been furnished a copy of the request of_____________________________________________________________

dated______________________, 19_____, proposing the storage of the direct flow right under Permit No,__________________, the _________________________ appropriation, diverting through the_______________________

__________, Ditch from___________________, tributary of ____________________ , with a priority of______________________,

for ______________c.f.s. for ________________ acres.

I hereby certify that I am familiar with said right and diversions thereunder and furnish the following information concerning this right from my own personal knowledge:

Has the right involved been actively used each year for at least the immediate past five year period? __________________. If so, during what days of each year and how much water was diverted each day?___________

_______________________________________________________

_______________________________________________________

_______________________________________________________

Approximately how many acres are irrigated under this right? _______

What crops are irrigated?_____________________________________,

Remarks:__________________________________________________

_______________________________________________________

_______________________________________________________

Signed:___________________________________

Water Commissioner

District No.____, Division____

APPROVAL OR DENIAL OF REQUEST

BY BOARD OF CONTROL

The Board of Control has reviewed the request of_________________

_______________________________________________________ for storage of water under the direct flow appropriation as identified and described in said request, and approved/denied said request on ________________________, 19_____, as evidenced by the Order of the Board, of Record in Order Record_____________, Pages______________________.

1. Approval of said request is subject to the following limitations and conditions:______________________________________________________

_______________________________________________________

2. Denial of said request is for the following reasons:_________________

_______________________________________________________

Dated this ________ day of _____________________, 19____.

_____________________

President,

State Board of Control

Attest:___________

Secretary,

State Board of Control

RECORD OF REQUEST

Date Request Received in State Engineer's Office: __________,

19____.

Date copy referred to Water Commissioner:_______________________., 19____.

Date copy referred to Water Division Superintendent:____________________,

19_____.

Date referred to Board of Control:_______________________, 19____.

Final action taken by Board of Control:________________________, 19____.

037-10 Wyo. Code R. § 10-4