037-5 Wyo. Code R. § 5-12
The required contents for a petition for change of point of diversion of surface water are stated in W.S. 41-3-114(ditch) or 41-3-329(reservoir). The following information is required:
a. HEADING -- Show ample description and identification of the ditch (or reservoir) and appropriation to be changed.
b. OPENING STATEMENT - Identify the petitioner; show a mailing address and give a general introduction.
c. BODY -
ITEM 1 -- Show that the petitioner is either the sole or partial owner of the ditch or facility for which a change in point of diversion is to be requested, give the name of the ditch or facility, source of supply, permit number, and priority, and identify any documentary evidence of ownership being furnished with the petition.
ITEM 2 -- Identify the original appropriator, and give the name of the ditch (or reservoir), the proof number, the Order Record Book and page number, the Certificate Record Book and page number, and the priority date of all adjudicated appropriations and all permits in good standing which utilize the point of diversion which is to be changed.
ITEM 3 -- Set forth the change that is desired, describing in detail both the original point of diversion and the proposed new point of diversion (or new reservoir location). Describe the acreage under each appropriation to be changed and give a short statement of the necessary physical work to accomplish the proposed change in point of diversion.
ITEM 4 -- Give reasons why the proposed change is desirable.
ITEM 5 -- Indicate whether or not there are any intervening diversions between the original and proposed new point of diversion (or new reservoir location). If there are intervening diversions, identify them and indicate their location by subdivision, section, township and range. Show whether or not consents to the proposed change have been obtained from the intervening appropriators. Written consents should be obtained and submitted along with the petition (a sample consent form is included in Appendix A with these Regulations and Instructions). If consents cannot be obtained, a hearing must be held. It is the policy of the Board that a change in point of diversion will be limited to the amount of water available in priority at the original point of diversion.
ITEM 6 -- Identify all intervening tributaries or other sources of supply. If there are none, make a simple statement to this effect.
ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured in any way.
ITEM 8 -- A map is required and must show the location of the present point of diversion, the proposed new point of diversion, with both locations properly tied to a corner of the public land survey. It also should show the location of all intervening points of diversion.
The location of the new portion of the ditch (or reservoir) also should be shown on the map. The map must show the lands irrigated which are involved in the change.
d. PRAYER -- State, in summary, specifically what is desired to be accomplished by the petition.
e. No fees are required in connection with a petition for change in point of diversion (or change in reservoir location).
f. A change of point of diversion petition may not be necessary if the new point of diversion for the entire facility is in the same 40 acre subdivision as the record point of diversion, if there are no intervening points of diversion or intervening sources of supply, and if there are no injury concerns.
g. This outline and sample petition in Appendix A of these Regulations and Instructions are intended to apply to the typical petition which might be filed with the State Board of Control. If a proposed petition appears to involve too many appropriations to conveniently list the land descriptions in the petition or to readily show the lands on the map, it is suggested that an inquiry be directed to the Board explaining the situation and asking advice as to how to proceed.
h. An alternate point of diversion may be requested using the same instructions described above.
037-5 Wyo. Code R. § 5-12