037-5 Wyo. Code R. § 5-15
. The definition of and order of preferred uses and the procedure for a change from a lower to a higher ranking use are set out in W.S. 41-3-102 through W.S. W.S. W.S. 41-3-104. Other changes of use not involving a change to a preferred use can also be made. The following information is required:
a. HEADING -- Show sufficient description and identification of the appropriation to be changed.
b. OPENING STATEMENT - Identify the petitioner and give a mailing address and a general introduction.
c. BODY -
ITEM 1 -- Show either:
- (a) that the lands from which the appropriation is to be detached are owned by the petitioner and provide the necessary attached proof of ownership; or
- (b) that consent has been given from the owner of the lands for the water right to detach the appropriation as provided by W.S. W.S. 41-3-104.
ITEM 2 -- Describe in detail the record as it identifies the appropriation to be changed. Describe the lands involved by legal subdivision.
ITEM 3 -- Describe in detail the change desired. It is required that the appropriation to be changed has previously been and is presently being applied to beneficial use. A statement to this effect should be made. Also set forth in detail any change of point of diversion and/or means of conveyance that may be required to make the appropriation available for the proposed new use.
ITEM 4 -- Any consents of the other appropriators using the same facility should be documented. If consents are not available, it should be so stated.
ITEM 5 -- Identify any intervening headgates between the original point of diversion and the proposed new point of diversion. Show that consents from the various appropriators using these facilities have been obtained. If consents cannot be obtained, it should be so stated.
Item 6 -- One important item in this petition not found in others is a comparison of the proposed use with the historic use of the water right being changed. This comparison could be in the form of a consumptive use report or study made on return flows, both historic and under the proposed use. If a water right has been exercised historically during only a part of the year, the State Board of Control shall limit the new use to that same period of time. The petitioner would have to apply for a current priority right to cover the time not covered by the historic use. The Board's decision is made after a close study of all the evidence, including any obtained at the hearing as prescribed in W.S. W.S. W.S. 41-3-104.
ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured in any way.
ITEM 8 -- State that the required map accompanies the petition. The map shall show the location of the affected ditch and stream, or well, the location of the land in each 40 acre subdivision affected by the proposed change and its area, the location of the pipeline or other means of conveyance by which the water right is to be changed, and the location of the point of new use, and any intervening ditches or commonly used facilities.
ITEM 9 -- A fee is required for each appropriation for which the change is sought (see Board Fee Schedule).
d. PRAYER -- State what is desired to be accomplished by the petition.
e. A description by 40-acre subdivision is required to identify the lands from which it is proposed to detach the appropriation for a change of use. For a territorial appropriation, where the record describes several 40-acre subdivisions by a blanket description, it may be necessary to petition the State Board of Control for an amended certificate of appropriation or change of place of use to show the areas as irrigated and the 40-acre subdivisions from which the water right or appropriation is to be detached and changed to a new use. The 40-acre subdivisions shall be clearly shown on the map by distinctive cross-hatching. It must be clearly shown that the appropriation is an actual appropriation of water that is being applied to beneficial use on specific lands.
f. The Board will look with disfavor on petitions for change of use for which recent historic use cannot be documented. Documentation such actual diversion or pumping records is necessary to establish the historic rate of diversion or pumping, the period of use, and the amount of water actually consumed. If no records are available to the petitioner, the petition must indicate the manner by which historic use will be demonstrated to the Board. If the proposed change of use also involves a change of point of diversion and means of conveyance of great distance, the petition shall be accompanied by a conveyance loss study which utilizes a methodology acceptable to the Board. The Board may also request that studies be prepared on return flow lag times, the pattern of return flows, the geology and soils in the affected areas, and on other pertinent subjects. Advance inquiry should be made to the Board's Cheyenne office to determine what studies might be recommended.
g. All required information and additionally requested documentation and studies must be provided to the Board before a hearing is scheduled. The Board's staff and any other affected persons need to have sufficient time to review the information, documents, and studies prior to the Board taking any action on a petition for change of use (see sample petition in Appendix A of these Regulations and Instructions).
037-5 Wyo. Code R. § 5-15