037-5 Wyo. Code R. § 5-13
The required contents of a petition for change of point of diversion and means of conveyance are found in W.S. 41-3-114. The following information is required:
a. HEADING -- Show ample description and identification of the appropriation or appropriations 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 owns all of the lands irrigated under the appropriation to be changed. Mention inclusion of documentary proof of ownership.
ITEM 2 -- Describe in detail the appropriations to be changed, showing the name of the original appropriation, permit number, proof number, stream, ditch, priority, Order Record Book and page number, and Certificate Record Book and page number.
ITEM 3 -- Give a complete legal tie and location of the present point of diversion. Name and describe the ditch into which the proposed change is to be made, giving the legal tie to the location of the point of diversion and indicating the appropriations already involved, or stating whether this is to be an entirely new ditch. Describe the lands under each appropriation for which a change in point of diversion and means of conveyance is proposed. Include a short explanation of the physical arrangement on the ground.
ITEM 4 -- Give reasons why the proposed change is desirable.
ITEM 5 -- State that consents have been obtained from all other appropriators using the two facilities directly involved, i.e., the old and new ditches. Written consents should be obtained and submitted with the petitions. If all appropriations are being transferred out of the ditch of record, then a statement should be made to show what will become of the ditch, such as, "ditch will be abandoned, headgate removed and diversion closed to the passage of water."
ITEM 6 -- Identify intervening headgates and points of diversion, or note the lack thereof. If there are intervening headgates or points of diversion, describe their location by subdivision, section, township and range. Also show whether or not consents to the proposed change have been obtained from the intervening appropriators. Such consents should be obtained and submitted with the petition (a sample consent form in Appendix A accompanying these Regulations and Instructions). If consents cannot be obtained, a hearing must be held.
ITEM 7 -- Identify any intervening tributaries or other sources of supply. If there are none, make a simple statement to that effect.
ITEM 8 -- State whether or not any other appropriator from the same source of supply will be injured in any way.
ITEM 9 -- A map is required and shall show the location of the stream, both ditches and the land irrigated thereunder as they affect the appropriation of water to be changed, as well as the location of any intervening points of diversion and sources of supply.
d. PRAYER - State what is desired to be accomplished by the petition.
e. No fees are required in connection with a petition for change of point of diversion and/or means of conveyance.
f. This outline and the sample petition in Appendix A of these Regulations and Instructions are intended to apply to the typical petition which might be filed with the Board. If there is any question as to the applicability of these requirements to a specific petition because of the number or type of appropriations involved, etc., an inquiry should be directed to the Board explaining the situation and asking advice as to how to proceed.
g. This type of petition may also be used to propose a partial change of point of diversion and/or means of conveyance of a portion of an appropriation. For example, a portion of an appropriation is to be changed to another ditch or pump for irrigation through a sprinkler system while the remainder of the appropriation remains under the ditch of record.
h. A petition for change of point of diversion and/or means of conveyance shall be allowed only when the change will not adversely affect any existing right in good standing at the time the change is made.
i. It shall be a part of the Order of the Board, where a complete change of point of diversion and means of conveyance is made, that the old point of diversion shall be completely and permanently closed to the satisfaction of the Division superintendent at the time the new point of diversion is put into operation.
j. An alternate point of diversion and/or means of conveyance may be requested using the same instructions described above.
037-5 Wyo. Code R. § 5-13