037-9 Wyo. Code R. § 9-5
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:
b. The sample petition on page 82 may be used as a guide for preparing a petition to correct errors and misdescriptions.
PETITION TO CORRECT ERRORS ) BEFORE THE
IN PERMIT NO. 20123, THE ) STATE ENGINEER
BAR DITCH. ) 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. 20123, the Bar Ditch, diverting water from South Fork of Hay Creek, a tributary of Hay-Creek, which is a tributary of the Belle Fourche River, with a priority of October 12, 1 958, 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. 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. 20123 and original accompanying map show the Bar Ditch diverting from Middle Fork of Hay Creek, tributary of Hay Creek, which is a tributary of the Belle Fourche River, at a point which is N. 10° 11' W., 78 9 feet from the southeast corner of Section 9, T.53N., R.64W., and in the SE1/4SE1/4 of Section 9, T.53N,, R.64W.
- 4. THAT said Bar Ditch actually diverts from South Fork ox Hay Creek, as stated above, and at a point which is Nt 10° 11' W., 789 feet from the southeast corner of Section 9, T.52N,, R.64W., and in the SE1/4SE1/4 of said Section 9, as found by the petitioners when they acquired the lands irrigated under Bar Ditch.
- 5. THAT the petitioners do not know how such error in description occurred, but presume it may have been made by the applicant for Permit No. 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. 20123.
- 7. THAT a 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 S _______ accompany this petition.
IT IS THE PRAYER of your petitioner that Permit No. 20123 and the original accompanying map be corrected by proper endorsement thereon to correctly show the source of supply as South Fork of Kay Creek, tributary of Hay Creek, and point of diversion in the SE1/4SE1/4 of Section 9, T.52N,, R.64W. ; 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:____________________________
037-9 Wyo. Code R. § 9-5