037-5 Wyo. Code R. § 5-14
The authorization for this petition and provisions pertaining to hearing, costs, endorsement on the records, and other matters are found in W.S. 41-4-514 through W.S. W.S. W.S. 41-4-517. The following information is required:
a. HEADING -- Show sufficient description and identification of the appropriation or appropriations to be amended.
b. OPENING STATEMENT - Identify the petitioner, and give a mailing address and a general introduction.
c. BODY -
ITEM 1 -- Indicate whether the petitioner is the sole or part owner of the appropriation and of all or part of the lands described in the appropriation. Mention inclusion of proof of ownership.
ITEM 2 -- Describe in complete detail the appropriation which will be affected by the petition by showing the name of the original appropriator, proof number, stream, ditch, permit number, priority, Order Record Book and page number, and Certificate Record Book and page number.
ITEM 3 -- Delineate the lands under the appropriation by legal subdivision which are currently irrigated or proposed to be irrigated.
ITEM 4 -- Give sufficient reason for the change requested. Mention briefly the occurrence of error or other circumstances and history that might justify the requested correction or amendment.
ITEM 5 -- Fees are required for a petition of this type, unless it is clearly evident the error to be corrected was originally by the Board (see Board Fee Schedule).
ITEM 6 -- State conclusively whether or not any other appropriators from the same source of supply will be injured in any way.
ITEM 7 -- State that the required map accompanies the petition. The map must show the location of the ditch and the lands irrigated therefrom. The lands proposed to be excluded and the lands proposed to be included must be shown on the same map by different cross-hatching.
d. PRAYER -- Set forth, in summary, specifically what is desired to be accomplished by the petition.
e. If an error in the original appropriation is to be corrected and the proposed change concerns lands now owned by another, the owner's written consent should accompany the petition. If consent cannot be obtained, a hearing may be required.
f. A petition may also be filed when lands with attached adjudicated water rights have become seeped or otherwise unfit for the production of crops by irrigation, and it is the desire of the appropriator to amend the land description in the certificate of appropriation by excluding these lands and substituting other suitable lands of equal or less area in lieu thereof. The amended area may not exceed the area actually irrigated under the original right.
g. A hearing may be required for all petitions where the redescription of the appropriation includes lands not in the original description of the appropriation, except in the case of simple clerical error.
h. This type of petition is also used to redescribe territorial "blanket descriptions" and court decree rights so as to reflect on the record the actual situation on the ground. Typically, this type of petition must be filed before lands can be sold, since the buyer wants to know exactly where the water rights are located. This type of petition may also be necessary in situations involving a change to a preferred use.
i. Petitions may not be approved which would activate a water right, which has not been exercised for at least five years when water has been available for use.
j. Petitions to correct or amend the description of ground water appropriations must be accompanied by copies of the pumping power records for at least the five-year period prior to the petition filing date (see sample petition in Appendix A of these Regulations and Instructions).
037-5 Wyo. Code R. § 5-14