037-4 Wyo. Code R. § 4-1

Current through April 27, 2019

Section 4-1 - Surface Water Proofs

a. The requirements for the submission of, advertising, holding open for inspection, opportunity of contest, and allowance of proofs of appropriation of water are set out in W.S. 41-4-511, and the other statutes mentioned therein. Hearings on contests of proofs, hearing fees, and dispositions after hearing are governed by W. S. 41 -4- 311 through W. S. 41 -4-314, and Chapter IV, Section 3 of these regulations.

b. When the final notice of completion of beneficial use of water or completion of construction of a reservoir is filed by the water user, a proof form will be forwarded by the Adjudication Officer to the superintendent of the water division in which the project is located. A letter is sent to the water user advising him of the necessary action for submission of final proof. A water user may also contact the superintendent to arrange a time and place when final proof will be taken (see W. S. 41 -4-511).

c. In the case of large irrigation or water conservancy districts, proofs may be submitted by the district on behalf of the individual landowners within the district. The certificate shall be issued in the name of the district on behalf of each individual landowner.

d. Surface water proofs shall be on a form furnished by the State Board of Control and must be accompanied by the appropriate fee. When the water is used for irrigation, stock or domestic purposes, acceptable proof of ownership from the county clerk in which the lands are located, showing the claimant to be the present owner of the lands on which the beneficial use is made, must be presented when the proof is submitted.

e. The superintendent or a designated hydrographer commissioner will make an on-the-ground inspection of the facility to determine if it has been completed within the terms of the permit. An adjustment will be made on the proof form to reflect the actual irrigated acreage, and the remaining lands not irrigated under the permit must be eliminated by the owner through submittal of an elimination request. The person conducting the inspection will submit a written inspection report to the Board for its consideration.

f Stock reservoirs filed on a Form S.W. 4 will not be adjudicated unless requested by the permit holder. However, stock reservoirs will be inspected to see that they are constructed within the terms of the permit and then incorporated into the appropriate tabulation of adjudicated water rights.

g. The proofs taken must be advertised in a newspaper of general circulation in the nearby area by the water division superintendent at least 30 days before any regular meeting of the State Board of Control. The advertisement shall contain the date, time and place where proofs will be available for inspection and the description of the appropriation, as required by law. The advertised day or days during which the proofs are held open for inspection must occur at least 15 days in advance of a regular Board meeting (see W. S. 41 -4-511). As a matter of administrative practice, the advertisement will not begin any earlier than 45 days prior to the Board meeting.

h. As to the adjudication of expired or partially expired permits where no notices have been filed or a beneficial use notice is more than 20 years old, the State Engineer may reinstate the permits or unadjudicated lands to good standing by means of affidavits. If the superintendent is contacted by the water right user and asked to adjudicate a right, the superintendent will contact the Board office in Cheyenne, Wyoming, to check the status of the permit. If it appears that the matter should proceed, the superintendent may request that affidavits be obtained by the landowner, which must be executed by two or more disinterested persons. The affidavits must describe the lands or points of use involved and state that the persons signing the affidavits know of their own knowledge that the lands have been continuously irrigated from the proper source, or other uses made under the terms of the permit, since the date of expiration of notice of beneficial use. After completion, these affidavits will be forwarded to the State Engineer's Office. The actions then taken are as follows:

(1) The State Engineer or designee will examine the affidavits to determine if they appear to be valid. If so, the "adjudication in process" stamp is placed on the permit to indicate that efforts are being made to adjudicate the permit. If the affidavits appear inadequate, they will be returned to the claimant with directions as to how to proceed.

(2) If the affidavits appear valid and to the extent the State Engineer endorses the permit as reinstated, copies will be sent by the Board's Cheyenne office to the division superintendent of the division in which the lands or points of use are located along with a set of proof forms prepared by the staff. The originals will be retained in the Board's Cheyenne office.

(3) The division superintendent will proceed with the adjudication as provided by statute. An on-the-ground inspection will be conducted to determine if the lands appear to have been historically irrigated or water beneficially used under the terms of the permit and are presently being irrigated or used. The superintendent may also interview those persons who signed the affidavits. If the named source is routinely regulated by priority, the superintendent may also investigate whether the appropriation has been historically diverted during priority regulation. Reinstatement or adjudication of permits, which lack evidence of historic intentional diversion may be denied.

(4) The division superintendent will also prepare and submit to the Board a report on the proof form giving the date of the field inspection, a summary of the findings, and the recommendation concerning acceptance or rejection of the proof. If the proof is to be rejected, the Board will recommend to the State Engineer that the permit be cancelled, or the lands in question or points of use be eliminated from the permit, as appropriate, and the State Engineer will then take the action deemed necessary.

(5) If everything appears to be in order, the superintendent will proceed to have the proof executed, obtain the fee, determine the land ownership, and advertise the proof for consideration at the next Board meeting.

i. If the proof is uncontested, and all else is in order, the Board will accept the proof and approve the appropriation.

j. In the event an advertised proof is contested under the provisions of W.S. W.S. W.S. 41-4-312, the procedures outlined in Section 4 of this chapter shall be followed:

(1) A claimant may not rest upon the allegations contained in affidavits as sufficient evidence to support the adjudication of a water right.

(2) The claimant must produce credible evidence in the form of testimony, subject to cross examination which supports the statements made on the proof form.

037-4 Wyo. Code R. § 4-1