037-1 Wyo. Code R. § 1-15

Current through April 27, 2019

Section 1-15 - Diversion and Conveyance Changes

a. Pursuant to W.S. 41-3-114, the State Board of Control may consider and grant a petition to change a point of diversion or a petition to change a point of diversion and/or means of conveyance for an adjudicated water right provided that the petitioner can demonstrate that no other appropriator will be injured by the change. When a change of point of diversion is approved, the water right at the new location cannot exceed the amount of water available at the original point of diversion and may be restricted to a lesser amount if return flow or other factors so indicate.

• (1) If a permit is involved rather than an adjudicated water right, the petition for change of point of diversion or change of point of diversion and/or means of conveyance is directed to the State Engineer.

• (2) Prior to 1965, there was no statutory requirement for recording a change of point of diversion and means of conveyance. Such changes could have been made as a matter of right as long as no injury to other appropriators occurred. Changes made prior to 1965 to the point of diversion and means of conveyance can be recorded with the Board by submittal of a petition if the following conditions are met:
  • (a) There must be proof that 1. The change occurred prior to 1965, so that it is clear that this action is to correct the records to reflect the situation as it has existed and been operated on the ground since that time; 2. No injury has occurred to other appropriators;
  • (b) The new point of diversion must have a current and accurate legal survey tie, to a known corner of the public land survey, on file in the State Engineer's Office;
  • (c) The entire appropriation must have been changed and is now being sought for recordation, or the portion changed must include the full acreage covered in the quarter-quarters. If only a portion of a water right within a given quarter-quarter is served by the new point of diversion, this subsection does not apply;
  • (d) The appropriation must have been diverted at least once in the last five years when water was available through the non-recorded pre-1965 point of diversion and means of conveyance.

    A sample format for a petition to facilitate the described change of point of diversion and means of conveyance is found in Appendix A of these Regulations and Instructions.

b. Under special circumstances, the division superintendent may give permission for a temporary change of point of diversion or change of point of diversion and/or means of conveyance until a proper petition can be prepared. The request shall be in writing on a form provided by the Board or in a letter which states all the same information as required by the printed form (see Appendix A of these Regulations and Instructions for a sample). A temporary change will be limited to one irrigation season.

037-1 Wyo. Code R. § 1-15