037-5 Wyo. Code R. § 5-4
An application for a permit to construct a reservoir must be submitted on Form S.W, 3, which is available from the State Engineer's Office. For a sample reservoir application, see page . The instructions for original water right applications in Chapter III (page 44) apply to reservoir applications, with the following exceptions:
a. ITEM 3 - "The use to which the water is to be applied is . . . ." - This item should be filled in with the beneficial purposes for which the water will be stored. Only the beneficial uses that are to be made immediately and which are the primary purpose of the filings should be included. Water uses that do not have an immediate use or are of a speculative nature should not be included. If at a later time & change in use is desirable, a petition to the State Engineer or the Board of Control may be filed and the desired change made by an amendment of the permit, provided no injury to other appropriators will occur as a result of the change in use.
b. ITEM 3(a) -- When more than one beneficial use is covered by the application for a reservoir, the amount of storage in acre-feet must be allocated to each use under this item of the reservoir application. Inactive reservoir capacity is defined as the amount of water in acrefeet that cannot be evacuated or is not to be evacuated from the reservoir. The term dead storage should not be used. The capacity that cannot or will not be evacuated from the reservoir must be allocated to stock purposes, fish culture, recreation or some beneficial use that can be made in place.
For the "Reservoir Capacity Breakdown by Uses", provide the capacities (in acre-feet) as applicable to the fallowing:
- (1) Inactive Capacity - Capacity below outlet.
- ( 2) Irrigation and/or other uses - Capacity between outlet and principal spillway. Specify capacity allocated to each use.
- ( 3) Flood Control - Capacity between principal spillway and emergency spillway.
NOTE: Capacity information must correlate with the bracketed information shown In the capacity table on the map.
In applications where active capacity is allocated to multiple beneficial uses, a detailed explanation of the location of the place of each use and how the stored water will arrive at the place of use, must be included in the "REMARKS" section of the application.
As a matter of general policy, it is unlikely that the State Engineer will approve a reservoir application which proposes to store in excess of 20 acre-feet to be used only for stock watering purposes.
c. ITEM 3(b) - "The area of the high-water line of the reservoir . ... " ," -- Show the surface area in acres when the reservoir is full to the elevation of the uncontrolled or emergency spillway- In the case where both a principal spillway and emergency spillway are proposed, the surface area, in acres, of the elevation of the emergency spillway will be shown.
d. ITEM 3(c) -- "The total available capacity of the reservoir is . . . ." -- Show the total capacity of the reservoir at the high-water line; i.e., the elevation of the uncontrolled or emergency spillway.
e. ITEM 3(d) -- "If enlargement, the capacity of the enlargement is % . . ," - Show the additional storage capacity gained by physically enlarging the reservoir.
f. ITEM 5 - "The outlet of the proposed reservoir is located . , . ." -- Show a tie by course and distance from the nearest corner of the public land survey to the outlet of the reservoir. The outlet is the point where the center line of the top of the dam intersects the center line of the outlet conduit. The wasteway or spillway should not be confused with the outlet.
g. ITEM 6 -- "Are any of the lands covered by the proposed reservoir owned by State or Federal government. If so, describe the lands and designate ownership, i.e., Federal or State." This requirement is made necessary as the result of a memorandum of understanding between the State Engineer's Office and agencies administering Federal and State lands.
h. ITEM 7 -- Fill out either (a) or (b) or both if the reservoir is to be supplied by the stream on which it is located and by a supply ditch from another source.
i. ITEM 8(a) - "The dam is to be constructed as follows , . . ." -- State the material to be used, method of construction and the contents of the dam (in cubic yards).
j. ITEM 8(b) - "The water face of the dam is to be protected from wave action in the following manner: . , . '' - Ordinarily, some means of protection from wave action should be provided, such as rock or gravel riprap, brush properly secured, or use of log booms.
k. ITEM 9 - Under this item, the applicant should specify, for the benefit of the State Engineer, the amount of time he will require to commence and complete construction. Many small projects may be completed within one yearn
NOTE: Upon approval of an application for a permit, the maximum time which can be granted by the State Engineer is 5 years; however, time limits set by the State Engineer may be extended for good cause shown if written request is made before the expiration date set forth in the permit.
037-5 Wyo. Code R. § 5-4