037-9 Wyo. Code R. § 9-4

Current through April 27, 2019

Section 9-4 - Petition for Change of Point of Diversion and Means of Conveyance

a. This petition is filed when it is proposed to divert and convey the appropriation involved through a new or an existing ditch. A petition for a change of point of diversion and means of conveyance must meet the following requirements:

(1) HEADING -- State the purpose of the petition, identify the ditch 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 ditch 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,

(4) ITEM 2 -- Give the status of the permit, such as "Permit No. 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 present head gate location and the proposed new point of diversion.

(6) ITEM 4 - Describe by legal subdivision, section, township and range, the acreage of land described in the permit. (If a partial change is proposed, state that the lands remaining under the permit are unaffected by the petition.)

(7) ITEM 5 -- Indicate the reason for the proposed change,

(8) ITEM 6 -- State whether or not there are any intervening points of diversion (head gates) between the present point of diversion and the new point of diversion,
- (a) If there are intervening points of diversion, the written consent of the intervening ditch owners must be secured. If the written consent of the intervening ditch owners cannot be secured, a hearing must be held before the State Engineer or his duly authorized representative, as provided by Section 41 - 10.4(e), Wyoming Statutes 1957 (Laws 1965). for suggested Consent format, see Chapter XI, page 112.

(9) ITEM 7 - State whether or not there are any intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.

(10) ITEM 8 -- State chat the petitioner is the sole owner of both ditches. If the petitioner is not the sole owner of both ditches, the petition must be accompanied by the written consent of all the owners of both ditches.

(11) ITEM 9 -- State whether or not any other appropriator from the same source of supply will be injured.

(12) ITEM 10 -- The accompanying map must accurately show the location of both ditches, the stream from which the water is diverted, and the lands which will be affected by the change.

(13) ITEM 11 -- Indicate the amount of fees which accompany the petition.

(1 4 ) PRAYER -- The prayer of the petitioner should set-out the results the petitioner desires to accomplish.

b. The sample petition on page 77 may be used as a guide for preparing a petition for change of point of diversion and means of conveyance .

PETITION FOR CHANCE OF POINT

OF DIVERSION AND MEANS OF

CONVEYANCE OF PERMIT NO. 21000, BEFORE THE

THE BLANK DITCH, TO PERMIT NO. STATE ENGINEER

18750, THE DOT DITCH, BOTH CHEYENNE, WYOMING

DIVERTING FROM THE EAST FORK

OF NORTH RIVER.

STATE OF WYOMING )

) SS.

COUNTY OF PLATTE )

COMES NOW, John Doe of Wheatland, County of Platte, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:

1. THAT he is the sole owner of Permit No. 21000, the Blank Ditch, diverting water from the East Fork of North River, with priority of January 1, I960, and of all lands Irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Platte County accompanying this petition.

2. THAT Permit No. 21000 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 the petitioner desires to change the location of the point of diversion and means of conveyance of the appropriation of water under Permit No. 21000 from the Blank Ditch with present and record location of point of diversion located N. 25° 10' W., 760 feet from the southeast comer of Section 4, T.28N., R.70W. and in the SE%SEV of said Section 4, to Permit No. 18750, The Dot Ditch, with priority of July 1, 1945, and with point of diversion located N. 79 4 3 ' E., 873 feet from the same public survey corner described above, and in the SW1/4SW1/4 of Section 3, T.28N., R.70W., as shown on the map accompanying this petition.

4. THAT lands under the Blank Ditch, for which the change is proposed, are described as:
Section 10, T.28N., R.70W.

10 acres - NE1/4jNE1/4

20 acres - NW1/4NW1/4

30 acres - TOTAL

5. THAT the reason for the change is that the Blank Ditch is longer and more expensive to maintain than the Dot Ditch, and that, by conducting the water of said appropriation with that of the Dot Ditch, there will be a considerable saving of water.

6. THAT there are no intervening record points of diversion (head gates) between the point of diversion of the Blank Ditch and the point of diversion of the Dot Ditch.

7. THAT there are no intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.

8. THAT your petitioner is the owner of the Blank Ditch; and a consent of Richard Roe, the owner of the Dot Ditch, to the change in point of diversion and means of conveyance, accompanies this petition.

9. THAT no appropriator from the same source of supply will be injured in any way.

10. THAT a map in duplicate, prepared by E. N. Johnson, a licensed professional engineer and land surveyor, of Laramie, Wyoming, and showing the location of both ditches so far as they affect this appropriation, accompanies this petition.

11. THAT recording fees in the amount of $_______accompany this petition.
IT IS THE PRAYER of the petitioner that he be allowed to change the point of diversion and means of conveyance of water from Blank Ditch, diverting from East Pork of North River, under Permit No. 21000, with priority of January 1, 1960, for the irrigation of:

Section 10, T.28N., R.70W.

10 acres - NE1/4NE1/4

20 acres - NW1/4NE1/4

30 acres - TOTAL

to the Dot Ditch, as identified in paragraph number 3 above, and diverting water from the same source of supply. That the same be allowed without loss of priority; that a proper notation be entered on both Permit Nos. 21000 and 18750; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office,

Respectfully submitted,

(Signed)___________________________________

JOHN DOE

The foregoing instrument is acknowledged before me this____day of

__________________________, 19____.

Witness my hand and official seal.

(Signed)___________________________________

Notary Public

My commission expires:_______________________

037-9 Wyo. Code R. § 9-4