037-9 Wyo. Code R. § 9-1

Current through April 27, 2019
Section 9-1 - General Requirements

a. All petitions pertaining to unadjudicated water rights must be filed with the State Engineer, State Office Building, Cheyenne, Wyoming, 82002. A petition for exchange of water, whether the rights are adjudicated or unadjudicated, must be filed with the State Engineer. The format for ail petitions except for the petition for exchange is outlined below. The details for preparation of a petition for exchange is outlined in Section 7, Page 88 of this Chapter.

b. Petitions must be in the form of an affidavit and signed by the petitioner or his agent before a Notary Public or other officer authorized to administer oaths. A petition should contain the following information:

  • (1) Name of facility;
  • (2) Source of supply;
  • (3) Date of priority and permit number;
  • (4) Detailed reasons for proposed change;
  • (5) A clear statement of the amendment or change requested.

c. If the petition is by other than an individual, the authority of the petitioner or agent to present such petition, must be satisfactorily shown and accompany the petition.

d. After approval, petitions are recorded in Miscellaneous Records of the State Engineer's Office. The recording fee is Two Dollars (S2.00) for the first page, and One Dollar (SI.00) for each subsequent page; this fee should accompany the petition.

e. The heading for all petitions should indicate the purpose of the petition, and identify the facility and the permit by name and permit number which is to be changed or amended.

e. The opening statement for all petitions should identify the petitioner, show a mailing address, and give general introduction.

g. Petitions must clearly state that the appropriation being amended has been made within the terms of the permit. The petition must also assert that the appropriator is presently making beneficial use of the water right granted by the permit, or that the permit is in good standing if the construction or beneficial use has not been completed.

h. If the change proposed by the petition involves the use of the property, such as a ditch, etc., of someone other than the petitioner, the consent of the owner or owners must be obtained. For a suggested form of consent, see Chapter XI, page

037-9 Wyo. Code R. § 9-1