Wyo. Code R. 037 | Wyoming Administrative Rules 037 — Engineer, State

63 Board of Control - Water Administration

Chapter 0 Appendix A-Sample Petitions and Forms

Wyo. Code R. 037.0007.0.10292012 Appendix A-Sample Petitions and Forms

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PETITION FOR CHANGE OF POINT OF DIVERSION OF THE FOLLOWING APPROPRIATIONS:

A. THE JONATHAN J. DOE APPROPRIATION, TERRITORIAL APPROPRIATION, DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE NO NAME DITCH, WITH PRIORITY OF MAY 16, 1885;

B. THE JANE ALEXANDRA DOE APPROPRIATION, PERMIT NO. 3214 ENL., DIVERTING FROM NO NAME CREEK, TRIBUTARY NO NAME RIVER, THROUGH THE ENLARGED NO NAME DITCH, WITH PRIORITY OF OCTOBER 9, 1922.

)

BEFORE THE

STATE BOARD OF CONTROL

CHEYENNE, WYOMING

O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491

O.R. 7, P. 123; C.R. 32, P. 436; PROOF NO. 11411

STATE OF WYOMING )

) SS

COUNTY OF FREMONT )

COMES NOW John Doe of Box 00, Lander, County of Fremont, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT he is the owner of the lands and the appropriations involved as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.

2. THAT the appropriations involved are as follows:

a. The Jonathan J. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 0.57 c.f.s. for the irrigation of 40.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:

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Township 30 North, Range 100 West Section 17: NW¼SW¼ 25.0 acres SW¼SW¼ 15.0 Total 40.0 acres (0.57 c.f.s.)

b. The Jane Alexandra Doe Appropriation, Permit No.

3214 Enl., adjudicated under Proof No. 11411, in the amount of 1.71 c.f.s. for the irrigation of 120.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of October 9, 1922, and of record in Order Record 7, page 123; Certificate Record 32, page 436 describing the lands irrigated as follows:

Township 30 North, Range 100 West Section 16: SW¼NW¼ 10.0 acres NW¼SW¼ 10.0 Section 17: SE¼NE¼ 20.0 NE¼SE¼ 40.0 SE¼SE¼ 40.0 Total 120.0 acres (1.71 c.f.s.)

3. THAT your petitioner desires to change the point of diversion of the No Name Ditch, Territorial Appropriation, and Permit No. 3214 Enl., from its point of diversion of record on No Name Creek, described as North 10º 15' West, 320.0 feet distant from the Southeast Corner of Section 13, Township 30 North, Range 100 West, and situated in the SE¼SE¼ of Section 13, to a new point of diversion diverting from the same source of supply approximately 500 feet downstream at a point described as North 20º 10' East, 600.0 feet distant from the Southwest Corner of Section 18, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 18.

The lands for which this change is requested are described as follows:

A. The Jonathan J. Doe Appropriation, Territorial Appropriation, Proof No. 1491:

Township 30 North, Range 100 West Section 17: NW¼SW¼ 25.0 acres SW¼SW¼ 15.0 Total 40.0 acres (0.57 c.f.s.)

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B. The Jane Alexandra Doe Appropriation, Permit No. 3214 Enl., Proof No. 11411:

Township 30 North, Range 100 West Section 16: SW¼NW¼ 10.0 acres NW¼SW¼ 10.0 Section 17: SE¼NE¼ 20.0 NE¼SE¼ 40.0 SE¼SE¼ 40.0 Total 120.0 acres (1.71 c.f.s.)

Total acreage to be changed to the new point of diversion is 160.0 acres (2.28 c.f.s.).

4. THAT this proposed change of point of diversion is necessary because flooding through No Name Creek has washed a deep channel at the site of the present headgate. The new proposed point of diversion will provide a more practical point to install a permanent headgate.

5. THAT there are no record intervening points of diversion (headgates) between the point of diversion of record of the No Name Ditch and the proposed new point of diversion of the No Name Ditch.

6. THAT there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.

7. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.

8. THAT the granting of this petition will not injure any other appropriators.

It is the prayer of your petitioner that this petition for change of point of diversion, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR CHANGE OF POINT )

OF DIVERSION AND MEANS OF )

CONVEYANCE OF THE J. W. DOE )

APPROPRIATION, PERMIT NO. ) BEFORE THE 3214, DIVERTING FROM NO NAME ) STATE BOARD OF CONTROL CREEK, TRIBUTARY NO NAME ) CHEYENNE, WYOMING RIVER, THROUGH THE NO NAME ) DITCH, WITH PRIORITY OF MAY ) 16, 1905, TO BE CHANGED TO THE ) UNNAMED DITCH. )

O.R. 2, P. 446; C.R. 3, P. 435; PROOF NO. 3491

STATE OF WYOMING ) ) SS COUNTY OF FREMONT )

COMES NOW John Doe of Box 00, Split Rock, County of Fremont, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT he is the owner of the lands and the appropriation for which a change of point of diversion and means of conveyance is sought, as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.

2. THAT the appropriation for which a change of point of diversion and means of conveyance is sought is the J. W. Doe Appropriation, Permit No. 3214, adjudicated under Proof No.

3491, in the amount of 0.89 c.f.s. for the irrigation of 62.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1905, and of record in Order Record 2, page 446; Certificate Record 3, page 435 describing the lands irrigated as follows:

Township 30 North, Range 98 West Section 19: SW¼SW¼ 32.0 acres SE¼SW¼ 10.0 Section 30: NW¼NW¼ 20.0 Total 62.0 acres (0.89 c.f.s.)

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3. THAT your petitioner requests a change of point of diversion and means of conveyance of the J. W. Doe Appropriation, Permit No. 3214, which diverts from No Name Creek through the No Name Ditch, at a point described as North 12º 30' East, 1620.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SE¼SW¼ of Section 28, to the Unnamed Ditch, diverting from the same source of supply, under Permit No. 3400, approximately ½ mile downstream at a point described as North 15º 20' East, 1056.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 28.

The lands for which this change is requested are described as follows:

Township 30 North, Range 98 West Section 19: SW¼SW¼ 32.0 acres SE¼SW¼ 10.0 Section 30: NW¼NW¼ 20.0 Total 62.0 acres (0.89 c.f.s.)

4. THAT the reason for the requested change is that a portion of the No Name Ditch is subject to washouts and has been difficult to maintain. A change of point of diversion and means of conveyance to the Unnamed Ditch will eliminate this problem and provide a more economical means of conveyance.

5. THAT consent from Robert Smith, sole owner of the Unnamed Ditch, Permit No. 3400, accompanies this petition.

6. THAT there are no record intervening points of diversion (headgates) between the point of diversion of the No Name Ditch and the point of diversion of the Unnamed Ditch.

7. THAT there are no intervening tributaries or other sources of supply which might affect the rights of other appropriators.

8. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.

9. THAT the granting of this petition will not injure any other appropriators.

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It is the prayer of your petitioner that this petition for change of point of diversion and means of conveyance, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.

Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR AN AMENDED )

CERTIFICATE OF APPROPRIATION )

FOR THE JONATHAN W. DOE )

APPROPRIATION, TERRITORIAL ) BEFORE THE APPROPRIATION, DIVERTING FROM ) STATE BOARD OF CONTROL NO NAME CREEK, TRIBUTARY NO ) CHEYENNE, WYOMING NAME RIVER, THROUGH THE NO ) NAME DITCH, WITH PRIORITY OF ) APRIL 21, 1886. )

O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1491

STATE OF WYOMING ) ) SS COUNTY OF SUBLETTE )

COMES NOW John Doe of Box 00, Big Piney, County of Sublette, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT he is the owner of the lands and the appropriation for which an amended certificate of appropriation

is sought, as evidenced by the attached proof of ownership from the County Clerk of Sublette County, Wyoming.

2. THAT the appropriation for which an amended certificate is sought is the Jonathan W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 2.71 c.f.s. for the irrigation of 190.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of April 21, 1886, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:

Township 29 North, Range 111 West Section 14: SE¼ Section 23: N¼NE¼

Total 190.0 acres (blanket description)

3. THAT your petitioner requests that an amended certificate of appropriation for the Jonathan W. Doe Appropriation, Territorial Appropriation, Proof No. 1491, be issued as follows: A-8

Township 29 North, Range 111 West Section 14: NE¼SE¼ 10.0 acres NW¼SE¼ 20.0 SW¼SE¼ 40.0 SE¼SE¼ 40.0 Section 23: NE¼NE¼ 40.0 NW¼NE¼ 25.0 Total 175.0 acres (2.50 c.f.s.)

This amendment results in the reduction of 15.0 acres (0.21 c.f.s.) under this appropriation.

4. THAT the reason for this amendment is to describe those lands which have been historically irrigated and are currently being irrigated and to correct the records to agree with the actual situation on the ground.

5. THAT recording fees in the amount of

accompany the petition.

6. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.

7. THAT the granting of this petition will not injure any other appropriators.

It is the prayer of your petitioner that a proper Order of the State Board of Control be entered to describe the lands under the Jonathan W. Doe Appropriation, as outlined in paragraph 3 above, and that an amended certificate of appropriation be issued for the same.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR CHANGE OF USE )

FROM IRRIGATION TO MUNICIPAL )

USE AND CHANGE OF POINT OF )

DIVERSION AND MEANS OF )

CONVEYANCE OF THE J. W. DOE ) BEFORE THE APPROPRIATION, TERRITORIAL ) STATE BOARD OF CONTROL APPROPRIATION, DIVERTING FROM ) CHEYENNE, WYOMING NO NAME RIVER THROUGH THE NO ) NAME DITCH, WITH PRIORITY OF ) MAY 16, 1885, TO BE CHANGED TO ) THE NO NAME MUNICIPAL ) PIPELINE. )

O.R. 2, P. 446; C.R. 2, P. 30; PROOF NO. 919

STATE OF WYOMING ) ) SS COUNTY OF NATRONA )

COMES NOW the Town of Rodgers, acting through its Mayor, James J. Jones, of P.O. Box 40, Rodgers, County of Natrona, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statements of fact and petition:

1. THAT the Town of Rodgers is the owner of the appropriation for which a change of use and change of point of diversion and means of conveyance is sought as evidenced by an Authorization to Detach Water Right which accompanies this petition.

2. THAT the appropriation for which a change of use from irrigation to municipal use and change of point of diversion and means of conveyance is sought is the J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 919, in the amount of 1.0 c.f.s. for the irrigation of 70.0 acres, diverting from No Name River through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 30 describing the lands irrigated as follows:

Township 38 North, Range 79 West Section 13: NE¼NW¼ 35.0 acres NW¼NW¼ 35.0 Total 70.0 acres (1.0 c.f.s.) A-11

3. THAT water under this appropriation has been applied to beneficial use upon the lands in accordance with statutory provisions, and your petitioner desires to change the use of same from irrigation to a preferred use for municipal purposes to be used within the city limits of the Town of Rodgers described as follows:

Township 39 North, Range 78 West Section 5: W½W½ Section 6: E½

4. THAT your petitioner also requests a change of point of diversion and means of conveyance of the J. W. Doe Appropriation, as changed from irrigation to municipal purposes, from its record point of diversion on the No Name River described as South 25º 10' East, 273.0 feet distant from the Northwest Corner of Section 13, Township 38 North, Range 79 West, and situated in the NW¼NW¼ of Section 13, to the No Name Municipal Pipeline, a new facility, which diverts from the same source of supply approximately 4 miles downstream at a point described as South 27º 5' East, 969.0 feet distant from the West Quarter Corner of Section 6, Township 39 North, Range 78 West, and situated in the NW¼SW¼ of Section 6.

5. THAT there are two (2) record intervening points of diversion between the point of diversion of the No Name Ditch and the point of diversion of the No Name Municipal Pipeline.

These intervening points of diversion are for the following facilities:

No Flow Ditch, Permit No. 235 Full Flow Ditch, Permit Nos. 456 and 123 Enl.

6. THAT consents from the owners of these intervening facilities accompanies the petition.

7. THAT a consumptive use study prepared by John W. Stag,

a registered professional engineer, accompanies the petition.

This study indicates the consumptive use is 48%. Therefore, your petitioner requests that 0.48 c.f.s. of the J. W. Doe Appropriation be changed from irrigation to municipal purposes and that the remaining 0.52 c.f.s. will not be diverted and will remain in the system to satisfy return flows.

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8. THAT a properly prepared map showing the location of lands from which the appropriation is to be detached, the new points of use, and the location of the No Name Municipal Pipeline accompanies the petition.

9. THAT recording fees in the amount of

accompany the petition.

THAT the granting of this petition will not injure any other appropriators.

It is the prayer of the petitioner:

A. THAT the appropriation of water herein described, which has been acquired by the Town of Rodgers, be changed from irrigation to municipal purposes for use within the city limits of the Town of Rodgers;

B. THAT the point of diversion and means of conveyance for the J. W. Doe Appropriation as changed to municipal purposes be allowed in accordance with paragraph

4 above;

C. THAT a hearing be held as provided by W.S. 41-3-

103 and W.S. 41-3-104;

D. THAT a proper Order of the State Board of Control be entered recording same and that an amended certificate be issued to the Town of Rodgers.

Respectfully submitted,

James J. Jones, Mayor Town of Rodgers

The foregoing instrument was acknowledged before me this day of

, 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR CHANGE OF PLACE )

OF USE OF A PORTION OF THE J. )

W. DOE APPROPRIATION, PERMIT ) BEFORE THE NO. 7609, DIVERTING FROM NO ) STATE BOARD OF CONTROL NAME CREEK, TRIBUTARY NO NAME ) CHEYENNE, WYOMING RIVER, THROUGH THE NO NAME ) CANAL, WITH PRIORITY OF APRIL ) 9, 1902. )

O.R. 17, P. 352; C.R. 68, P. 310; PROOF NO. 28250½

STATE OF WYOMING ) ) SS COUNTY OF WASHAKIE )

COMES NOW John Doe of 0000 Road 00, Worland, County of Washakie, State of Wyoming, and the J. W. Doe Irrigation District, acting through its Chairman, Buck Doe, of Route 0, Box 000, Worland, County of Washakie, State of Wyoming, whom being duly sworn on oath according to law do hereby make the following statements of facts and petition:

1. THAT John Doe is the present owner of the portion of the appropriation to be affected by this petition, and is included within the boundaries of the J. W. Doe Irrigation District, as evidenced by the copy of Warranty Deed from the County Clerk of Washakie County, Wyoming.

2. THAT the appropriation for which a change of place of use is sought is the J. W. Doe Appropriation, Permit No. 7609, adjudicated under Proof No. 28250½, in the amount of 1.79 c.f.s.

for the irrigation of 125.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Canal, with priority of April 9, 1902, and of record in Order Record 17, page 352; Certificate Record 68, page 310 describing the lands irrigated as follows:

Township 46 North, Range 92 West, Resurvey Tract 38A: 14.0 acres Tract 38E: 22.0 Tract 38F: 42.0 Tract 38G: 4.0 Tract 38H: 43.0 Total 125.0 acres (1.79 c.f.s.) A-14

3. THAT your petitioners desire to redescribe this appropriation so as to set out the lands to be irrigated as follows:

The J. W. Doe Appropriation, Permit No. 7609, Proof No.

28250½:

Township 46 North, Range 92 West, Resurvey Tract 38A: 12.3 acres Tract 38E: 25.1 Tract 38F: 39.0 Tract 38G: 26.9 Section 5: Lot 11 0.6 Section 6: Lot 11 21.1 Total 125.0 acres (1.79 c.f.s.)

4. THAT the reason for the change of place of use is due to the slope and type of soil in the area, which causes erosion problems when flood irrigated. The petitioners are replacing the flood irrigation system with a center pivot sprinkler system to alleviate the erosion problem and to reduce labor costs.

5. THAT recording fees in the amount of

accompany the petition.

6. THAT a properly prepared map showing the actual situation on the ground accompanies this petition.

7. THAT the granting of this petition will not injure any other appropriators.

It is the prayer of your petitioners that a proper Order of the State Board of Control be entered to describe the lands to be irrigated under a portion of the J. W. Doe Appropriation, as shown in paragraph 3 above, and that an amended certificate be issued for the same.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

Respectfully submitted,

Buck Doe, Chairman J. W. Irrigation District

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR DECLARATION OF )

ABANDONMENT OF THE J. W. DOE )

O.R. 2, P. 446; C.R. 2, P. 435; PROOF NO. 1281

STATE OF WYOMING ) ) SS COUNTY OF JOHNSON )

COMES NOW John Doe of Box 000, Buffalo, County of Johnson, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT your petitioner is the owner of the lands and the following described appropriation of water attached thereto as evidenced by the accompanying proof of ownership from the County Clerk of Johnson County, Wyoming.

The Jane Doe Appropriation, Permit No. 2200, adjudicated under Proof No. 3810, in the amount of 1.53 c.f.s. for the irrigation of 107.0 acres, diverting from No Name Creek, tributary No Name River, through the Unnamed Ditch, with priority of January 15, 1903, and of record in Order Record 3, page 410; Certificate Record 6, page 370 describing the lands irrigated as follows:

Township 46 North, Range 80 West Section 12: SE¼SW¼ 30.0 acres SW¼SE¼ 37.0 SE¼SE¼ 40.0 Total 107.0 acres (1.53 c.f.s.)

2. THAT James Doe of Box 0, Buffalo, County of Johnson, State of Wyoming, is the owner of record of the lands to which the following described appropriation is attached as evidenced by the accompanying proof of ownership from the County Clerk of Johnson County, Wyoming:

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The J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1281, in the amount of 1.47 c.f.s.

for the irrigation of 103.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of May 16, 1885, and of record in Order Record 2, page 446; Certificate Record 2, page 435 describing the lands irrigated as follows:

Township 46 North, Range 80 West Section 10: NE¼SE¼ 20.0 acres SE¼SE¼ 10.0 Section 11: NW¼SW¼ 35.0 SW¼SW¼ 38.0 Total 103.0 acres (1.47 c.f.s.)

Total acreage for which a declaration of abandonment is sought by this petition is 103.0 acres (1.47 c.f.s.).

3. THAT your petitioner has standing to file this petition because (fully describe elements of standing here).

4. THAT water under the J. W. Doe Appropriation, Territorial Appropriation, the No Name Ditch, has not been diverted and applied to beneficial use upon the lands described in paragraph 2 above for at least five (5) successive years past, when water was available for this purpose.

5. THAT your petitioner will be benefited by a declaration of abandonment of this appropriation, or injured by the reactivation of this water right, as follows: (fully describe elements of benefit or injury here).

6. THAT recording fees in the amount of

accompany the petition.

It is the prayer of your petitioner that a hearing be held as provided by W.S. 41-3-401, and that after the provisions of the statutes have been complied with a proper Order of the State Board of Control be entered declaring an abandonment of the appropriation described in paragraph 2 above.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR VOLUNTARY )

ABANDONMENT OF THE J. W. DOE )

O.R. 2, P. 446; C.R. 2, P. 22; PROOF NO. 1491

STATE OF WYOMING ) ) SS COUNTY OF CARBON )

COMES NOW John Doe of Rural Route 0, Canyon, County of Carbon, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT he is the owner of the appropriation for which voluntary abandonment is sought as evidenced by the attached proof of ownership from the County Clerk of Carbon County, Wyoming.

2. THAT the appropriation for which voluntary abandonment is sought is the J. W. Doe Appropriation, Territorial Appropriation, adjudicated under Proof No. 1491, in the amount of 1.14 c.f.s. for the irrigation of 80.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch, with priority of January 1, 1889, and of record in Order Record 2, page 446; Certificate Record 2, page 22; describing the lands irrigated as follows:

Township 12 North, Range 80 West Section 2: NE¼NE¼ 30.0 acres NW¼NE¼ 20.0 SW¼NE¼ 30.0 Total 80.0 acres (1.14 c.f.s.)

3. THAT the No Name Ditch does not exist on the ground and has not existed for many years. Water is not currently being diverted and beneficially used and will not be diverted and beneficially used in the future.

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4. THAT your petitioner declares his intention to voluntarily abandon the appropriation described in paragraph 2 above and requests that a proper Order of the Board be entered declaring such abandonment.

5. THAT no fees are required for this petition.

Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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APPEAL FROM THE ENDORSEMENT OF )

THE STATE ENGINEER UPON THE ) BEFORE THE APPLICATION FOR PERMIT TO ) STATE BOARD OF CONTROL CONSTRUCT THE NO NAME DITCH, ) CHEYENNE, WYOMING TEMPORARY FILING NO. 00 5/150. )

STATE OF WYOMING ) ) SS COUNTY OF CONVERSE )

COMES NOW John Doe of Bill, County of Converse, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and appeal:

1. THAT your appellant filed in the Office of the State Engineer on June 1, 1982, an application, which application was given Temporary Filing No. 00 5/150, to construct the No Name Ditch, and that on July 10, 1982, the State Engineer returned said application with the following endorsement thereon:

"This is to certify that I have examined the foregoing application and have rejected same for the reason that it conflicts with existing rights and threatens to become detrimental to the public interest."

2. THAT your appellant feels himself aggrieved by the said endorsement of the State Engineer as follows:

a. THAT the conflict stated therein may be removed by excluding certain tracts from the application; b. THAT the allowance of this application is not detrimental to the public interest.

Your appellant, therefore, requests the State Board of Control to hold a hearing as provided by W.S. 41-4-517, and that

a proper Order be entered upon the records of the State Board of Control reversing the action of the State Engineer.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

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PETITION FOR CHANGE OF )

LOCATION OF THE NO NAME WELL, ) BEFORE THE PERMIT NO. U.W. 3214, WITH ) STATE BOARD OF CONTROL PRIORITY OF APRIL 3, 1959. ) CHEYENNE, WYOMING

O.R. 16, P. 261; C.R.U.W. 1, P. 38; PROOF NO. U.W. 121

STATE OF WYOMING ) ) SS COUNTY OF ALBANY )

COMES NOW John Doe of Rex Route, Box 20, Laramie, County of Albany, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:

1. THAT he is the owner of the lands irrigated under the well and the appropriation of water to be changed as evidenced by the attached proof of ownership from the County Clerk of Albany County, Wyoming.

2. THAT the well to be relocated is the No Name Well, Permit No. U.W. 3214, the J. W. Doe Appropriation, adjudicated under Proof No. U.W. 121, in the amount of 500.0 gallons per minute for the irrigation of 105.0 acres, with priority of April 3, 1959, and of record in Order Record 18, page 291; Certificate Record U.W. 1, page 38 describing the lands irrigated as follows:

Township 13 North, Range 75 West Section 14: SW¼SE¼ 10.0 acres SE¼SE¼ 25.0 Section 23: NE¼NE¼ 40.0 NW¼NE¼ 30.0 Total 105.0 acres

3. THAT your petitioner desires to change the location of the No Name Well, Permit No. U.W. 3214, from its present location described as South 15º 45' West, 125.0 feet distant from the Northeast Corner of Section 23, Township 13 North, Range 75 West, and situated in the NE¼NE¼ of Section 23, to a new location described as North 45º 15' West, 48.0 feet distant from the Southeast Corner of Section 14, Township 13 North, Range 75 West, and situated in the SE¼SE¼ of Section 14.

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4. THAT the lands now irrigated (105.0 acres) and the amount of the appropriation (500.0 g.p.m.) will not be affected by the granting of this petition.

5. THAT the reason for the requested change is that the casing of the present well has deteriorated and a partial cave in has occurred, which drastically reduced the amount of water available. It was determined that it was more economical to relocate the No Name Well than to repair the No Name Well.

6. THAT the proposed new location is within the same ground water basin (aquifer) and as nearly as can be determined, will pump water from the same aquifer.

7. THAT no map is required with this petition but a Letter Certificate of Survey from a licensed Wyoming surveyor describing the new location by tie by distance and direction accompanies this petition.

8. THAT no fees are required for this petition.

9. THAT power records for at least the last five (5) years past which indicates that the well has been beneficially used accompanies the petition.

THAT the original No Name Well will be abandoned and sealed in accordance with the State Engineer's Rules and Regulations for wells. A Statement of Completion (Form U.W. 6) will be submitted within 30 days after completion of the new well.
THAT the granting of this petition will not injure any other appropriators.

It is the prayer of your petitioner that this petition for change of location of the No Name Well as outlined in paragraph

3 above be granted, and that a proper Order of the State Board of Control be entered recording same.

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Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

NOTE: If the well is unadjudicated with beneficial use received, there will be no reference to Order Record numbers, Certificate Record numbers and Proof numbers.

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THE FOLLOWING FORM IS TO BE USED TO ACQUIRE CONSENTS FROM THOSE APPROPRIATORS WHO COULD POSSIBLY BE AFFECTED BY THE GRANTING OF

A PETITION BY THE STATE BOARD OF CONTROL. THE FORMAT MAY VARY ACCORDING TO THE TYPE OF PETITION. WHENEVER CONSENTS ACCOMPANY

A PETITION, EVIDENCE OF OWNERSHIP FOR THE PERSONS GIVING CONSENT MUST BE PROVIDED, IF CONSENTING DIVERSION IS NOT LEGALLY ORGANIZED.

CONSENT TO PETITION FOR CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE

The following individuals are all the owners of record of those appropriations under the Unnamed Ditch, diverting from No Name Creek. Each of the following individuals has read, understands, and gives their consent to the petition of John Doe for change of point of diversion and means of conveyance for the J. W. Doe Appropriation, Permit No. 3214, Proof No. 1491, for 62.0 acres, to be changed from the No Name Ditch to the Unnamed Ditch. Unless this petition is amended, the undersigned also hereby waives any further notice requirement.

(Signed)

The foregoing instrument was acknowledged before me this day of _________, 20. Witness my hand and official seal.

____________________________________ Notarial Officer

My commission expires:________________________

(Signed) _____________________________________

The foregoing instrument was acknowledged before me this day of _________, 20. Witness my hand and official seal.

____________________________________ Notarial Officer

My commission expires:________________________ A-27

AUTHORIZATION TO DETACH WATER RIGHTS FOR CHANGE OF USE OR PLACE OF USE AND PETITION FOR VOLUNTARY ABANDONMENT OF WATER RIGHTS FORM

I/We____________________________, of _____________________________, (Name of Grantor) (Street Address, P.O. Box No. etc.) City of ________________________, County of _______________________, State of _______________________, as owner(s) of the following described lands, hereby authorize detachment or abandonment by:

____________________________, of __________________________________, (Name of Grantee) (Street Address, P.O. Box No. etc.) City of ________________________, County of _______________________, State of _______________________,

of the _________________________________________appropriation, (Appropriation Name) diverting from ____________________, through the ___, (Source) (Ditch or Pipeline) Permit No., Priority date of _______________________, for irrigation of the following described lands:

T.___________N., R. ______________W.

Section ______: ________¼ ________¼ acres Section ______: ________¼ ________¼ acres

This Authorization allows Grantee or his assignee to petition the State Board of Control for change of use or place of use of the above described water rights attaching to the above described lands as provided for in Section 41-3-104, W.S. 1977, within five (5) years of the date of the acceptance of this Authorization, and petitions that any or all of the water rights not so changed be declared voluntarily abandoned.

Recent historical use, generally the five (5) years previous to the signing of the Authorization, and other requirements will be needed to support a petition and map to change the use or place of use. If the water rights are to remain in or are being placed in a subdivision, a Water Distribution Plan will also be required. Until such change or voluntary abandonment is granted by the Board of Control, the water rights involved in this Authorization and Petition remain attached for the permitted use on the lands described thereon.

Notice to successor owners of these lands that this water right will be removed or abandoned after five (5) years is the responsibility of Grantor or Grantor's successors.

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Grantor and Grantee hereby waive any and all notices which may be required by law, including those required in condemnation proceedings provided by Section 41-3-103, W.S. 1977, as amended, and state that neither Grantor nor Grantor's successors or assigns shall, at any time in the future, file any adverse claims or institute any proceedings in law or equity attacking adversely, or in any manner whatsoever, the equities, right, title or interest of any of the water rights herein referred to and for which it is hereby agreed that Grantor has received full and adequate compensation.

GRANTOR AND GRANTEE UNDERSTAND AND AGREE THAT IF NO PETITION FOR CHANGE OF USE OR CHANGE OF PLACE OF USE FOR ALL OF THE WATER RIGHTS ATTACHING TO THE ABOVE DESCRIBED LANDS IS RECEIVED WITHIN THE FIVE (5) YEAR PERIOD AND SUCH PETITION SUBSEQUENTLY GRANTED BY THE BOARD OF CONTROL, GRANTOR AND GRANTEE HEREBY REQUEST THAT THE BOARD OF CONTROL ISSUE A PROPER ORDER DECLARING ALL OF THE REMAINING WATER RIGHTS ATTACHED TO THE ABOVE DESCRIBED LANDS ABANDONED.

An unaltered Authorization and Petition Form shall be completed and submitted for acceptance, along with evidence of lands ownership, recording fees, and a map certified by a professional engineer or land surveyor licensed to practice in Wyoming delineating the above lands, to the State Board of Control, Herschler Building, 4th Floor East, Cheyenne, Wyoming, 82002.

_______________________________________________(Signed)

_______________________________________________(Grantor) The foregoing instrument was acknowledged before me this day _, of 20 Witness my hand and official seal

_________________________________ Notarial Officer My commission expires:_______________________

_______________________________________________(Signed)

_______________________________________________(Grantee)

The foregoing instrument was acknowledged before me this day _, of 20 Witness my hand and official seal

_________________________________ Notarial Officer My commission expires:_______________________ ______________________________________________________________________ For Office Use Only

________________ ___________________________ DATE APPROVED ADJUDICATION OFFICER

A-29

APPLICATION FOR TEMPORARY CHANGE IN POINT OF DIVERSION

DATE:

Name of Applicant:

Address:

Name of Facility: Source:

Permit No.: Priority Date:

Name of Appropriation: Acres under Change CFS

Present Point of Diversion: ¼ ¼, Sec. , T. , R.

Proposed Point of Diversion: ¼ ¼, Sec. , T. , R.

Type of Change requested:

Reason for Change:

Consents for intervening Points of Diversion, if necessary (may be continued on reverse side):

Facility Signature

Intervening Sources:

The following conditions will apply if this request is granted: A. This irrigation POD change is for ________ water year only, or one year for other uses.

B. There can be no injury to any other appropriators as a result of this change.

C. To acquire permission for a permanent change in Point of Diversion, a Petition must be submitted to the Board of Control (or State Engineer if water right is unadjudicated).

D. The granting of this temporary change in no way commits the Board of Control or State Engineer to approve petition for a permanent change.

E. The granting of this temporary change does not constitute the granting of right-a- way.

F. This temporary change may be revoked at any time by the Water Commissioner.

Signature of Applicant (if available)

Request for TEMPORARY CHANGE IN POINT OF DIVERSION

(granted/denied)

this day of , 2 , for the irrigation season of only.

SUPERINTENDENT WATER DIVISION

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TEMPORARY CHANGE IN POINT OF DIVERSION. The division superintendents are authorized to use temporary changes in point of diversion

(separate form for changes of location for ground water wells) up to a maximum of one water year. The affected water right must be a valid appropriation. Approval for a temporary change shall not be given if there is a likelihood of injury to any other appropriator. In no case shall an increase in water use (diversion rate, acres irrigated, area(s)_ or point(s) of use) by a temporary change be allowed. The superintendents shall forward copies of all temporary change requests and approvals to the State Engineer's and Board of Control's offices in Cheyenne.

If a permanent change is to be requested, a proper petition must be filed with the Board during the period of temporary change. The giving of an approval for a temporary change does not in any way guarantee that the State Board of Control will approve a permanent change.

A request for a temporary change must be made on the form and must be approved in writing by the appropriate superintendent prior to making the change. (SEE FORM ON REVERSE SIDE).

The Superintendent, under W.S. 41-3-503 through W.S. 41-3-506, may allow temporary changes in certain instances where necessary for equal and fair distribution of water and administration of priorities.

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APPLICATION FOR TEMPORARY CHANGE IN LOCATION OF WELL

DATE:

Name of Applicant:

Address:

Name of Well:

Permit No.: Priority Date:

Present Location of Well: ¼ ¼, Sec. , T. , R.

Proposed Location of Well: ¼ ¼, Sec. , T. , R.

(The proposed relocated well will be approximately feet (direction)of the existing well.) Is this well located within a Ground Water Control Area?

Total Depth of existing well: feet Proposed Depth of relocated well: feet

Reason for Change:

I understand that the following conditions will apply if this request is granted: A. This change is for the water year only.

B. There can be no injury to any other appropriators as a result of this change.

C. To acquire permission for a permanent change in the location of this well, I must submit a Petition to the Board of Control.

D. The granting of this temporary change in no way commits the Board of Control or State Engineer to approve the petition for a permanent change.

Signature of applicant

Request for TEMPORARY CHANGE IN LOCATION OF WELL

(granted/denied)

this day of , 2 , for the irrigation season of only.

SUPERINTENDENT WATER DIVISION

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TEMPORARY CHANGE IN WELL LOCATION. The division superintendents are authorized to use temporary changes of location for ground water wells for short periods of time (up to a maximum of one year). The affected ground water right must be a valid appropriation. If a well is involved which is located in a ground water control area, the superintendent may approve the temporary change; however, he should consult with the Administrator of the State Engineer's Ground Water Division prior to acting on the request. (Recommendation of the Control Area Advisory Board will be required prior to approving a permanent change in well location). Approval for a temporary change shall not be given if there is a likelihood of injury to any other appropriator. In no case shall an increase in water use (yield, acres irrigated, area(s) or point(s) of use) by a temporary change be allowed. The superintendents shall forward copies of all temporary change requests and approvals to the State Engineer's and Board of Control Offices in Cheyenne.

A request for a temporary change must be made on the form and must be approved in writing by the appropriate superintendent prior to making the change. (SEE FORM ON REVERSE SIDE.)

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IMPORTANT NOTICE TO APPROPRIATORS

The following condition must be met if a rotation is to be allowed:

1. All appropriations involved must be in priority and entitled to water during the entire rotation period;

2. An actual rotation of water use for the lands under each appropriation is required, and each rotation period will not exceed ten days unless a longer period is agreed to by the hydrographer commissioner or water commissioner;

3. The proposed rotation shall not result in injury to other appropriators;

4. The rotation proposed is limited to one season.

NOTICE OF INTENTION TO ROTATE

To: Date: , 2 .

District No. , Division No.

, Wyoming

In accordance with W.S. 41-3-612, you are hereby notified that the undersigned wish to rotate the following water appropriations in the manner and for the time outlined below:

Name of Source Amount of

Ditch or Supply Appropriation Priority Owner

Rotation will be commenced on , 2 , and will be accomplished as follows:

DO NOT WRITE IN SPACE BELOW – FOR HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER ONLY

Received on , 2 . By

District No. Division No.

Remarks:

Approved this day of , 2 .

District No. Division No.

A-34

A GENERAL REQUIREMENT FOR REQUESTING REGULATION IS THE MAINTENANCE OF

A SATISFACTORY HEADGATE AND MEASURING DEVICE AT THE LEGALLY-RECORDED DIVERSION POINT SO AS TO ENABLE THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER TO DETERMINE IF THE REQUEST FOR REGULATION HAS BEEN SATISFIED. IF YOU DO NOT HAVE AN APPROVED HEADGATE AND MEASURING DEVICE PRESENTLY INSTALLED, YOUR REQUEST FOR REGULATION WILL BE SUBJECT TO REVIEW BY THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER AND/OR DIVISION SUPERINTENDENT.

THE APPROPRIATOR IS OBLIGATED TO NOTIFY THE HYDROGRAPHER COMMISSIONER OR WATER COMMISSIONER PRIOR TO THE DATE WHEN WATER WILL NO LONGER BE USED SO THAT PROPER ADJUSTMENTS MAY BE MADE TO AVOID THE WASTE OF WATER.

REQUEST FOR REGULATION

Pursuant to W.S. 41-3-603, 41-3-604, 41-3-606, 41-3-304 and 41-3-111 revised statutes 1977, I hereby request regulation of

and tributaries and this requested to supply my (our) appropriation of water through the

Ditch(es) or Reservoir(s) under Permit Nos.

, with priority(s) of until .

Signed:

Received on , 2 .

Hydrographer Commissioner or Water Commissioner District No. , Division No.

Request approved:

Request denied:

Comments:

A-35

THE FOLLOWING IS A SAMPLE OF A PETITION WHICH CAN BE USED TO FACILITATE RECORDATION OF A CHANGE OF POINT OF DIVERSION AND MEANS OF CONVEYANCE THAT OCCURRED PRIOR TO 1965.

PETITION FOR RECORDATION OF A )

CHANGE OF POINT OF DIVERSION )

AND MEANS OF CONVEYANCE PRIOR )

TO 1965 OF THE J. W. DOE )

O.R. 2, P. 446; C.R. 3, P. 435; PROOF NO. 3491

STATE OF WYOMING ) ) SS COUNTY OF FREMONT )

COMES NOW John Doe of Box 00, Split Rock, County of Fremont, State of Wyoming, who being duly sworn on oath according to law does hereby make the following statement of facts and petition:

1. THAT he is the owner of the lands and the appropriation for which a recordation of a change of point of diversion and means of conveyance prior to 1965is sought, as evidenced by the attached proof of ownership from the County Clerk of Fremont County, Wyoming.

2. THAT the appropriation for which a recordation of a change of point of diversion and means of conveyance prior to 1965 is sought is the J. W. Doe Appropriation, Permit No. 3214, adjudicated under Proof No. 3491, in the amount of 0.89 c.f.s.

for the irrigation of 62.0 acres, diverting from No Name Creek, tributary No Name River, through the No Name Ditch (as of record), with priority of May 16, 1905, and of record in Order Record 2, page 446; Certificate Record 3, page 435 describing the lands irrigated as follows:

A-36

Township 30 North, Range 98 West Section 19: SW¼SW¼ 32.0 acres SE¼SW¼ 10.0 Section 30: NW¼NW¼ 20.0 Total 62.0 acres (0.89 c.f.s.)

3. THAT your petitioner requests a recordation of a change of point of diversion and means of conveyance prior to 1965 of the J. W. Doe Appropriation, Permit No. 3214, which diverts from No Name Creek through the No Name Ditch (as of record), at a point described as North 12º 30' East, 1620.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SE¼SW¼ of Section 28, to the Unnamed Ditch, diverting from the same source of supply, under Permit No. 3400, approximately ½ mile downstream at a point described as North 15º 20' East, 1056.0 feet distant from the Southwest Corner of Section 28, Township 30 North, Range 99 West, and situated in the SW¼SW¼ of Section 28.

The lands for which this recordation is requested are described as follows:

Township 30 North, Range 98 West Section 19: SW¼SW¼ 32.0 acres SE¼SW¼ 10.0 Section 30: NW¼NW¼ 20.0 Total 62.0 acres (0.89 c.f.s.)

4. THAT the reason for the requested recordation is that

a portion of the No Name Ditch was subject to washouts and had been difficult to maintain. The change of point of diversion and means of conveyance to the Unnamed Ditch has eliminated this problem and provide a more economical means of conveyance. The petitioner has evidence that this change occurred in 1952 or 1953, and proof that this change occurred at that time accompanies the petition.

5. THAT a map does not accompany this petition, since the new point of diversion has a current and accurate legal survey tie, to a known corner of the public land survey, on file in the State Engineer's Office and/or the State Board of Control, and because the entire appropriation(s) or all permitted acreage within the involved quarter-quarters under this facility has been included in this request.

A-37

6. THAT the appropriation involved has been diverted at least once in the last five years when water was available through the new point of diversion and means of conveyance.

7. THAT the granting of this petition has not injured any other appropriators.

It is the prayer of your petitioner that this petition for recordation of a change of point of diversion and means of conveyance prior to 1965, as outlined in paragraph 3 above, be allowed without loss of priority, and that a proper Order of the Board be entered recording same.

Respectfully submitted,

John Doe

The foregoing instrument was acknowledged before me this

day of , 20 .

Witness my hand and official seal.

Notarial Officer

My Commission expires:

A-38

History

Effective 2012-10-29

Chapter 1 Introduction to Wyoming Water Administration

Wyo. Code R. 037.0007.1.01032025 § 1 Constitutional Framework

(a) The water within the boundaries of Wyoming is "declared to be the property of the state" by Section 1, Article 8 of the Wyoming State Constitution. Section 2 establishes the State Board of Control, hereinafter referred to as Board, as the governmental body "which shall, under such regulations as may be prescribed by law, have the supervision of the waters of the state and of their appropriation, distribution and diversion, and of the various officers connected therewith." The State Board of Control is to be composed of the State Engineer and the superintendents of the state's four water divisions. The superintendents are appointed by the Governor based upon the results of examinations conducted by the State Engineer.

(b) The Constitution also provides at Section 5, Article 8, that the State Engineer is to be appointed by the Governor and is to serve as President of the State Board of Control. In his or her capacity as State Engineer, he or she "shall have general supervision of the waters of the state and of the officers connected with its distribution." The ex-officio secretary is appointed by the Board (see W.S. 41-4-202). Additional administrative officers are provided by statute, most notably, the state's water commissioners.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 2 Water Divisions and Districts

Boundaries of the four water divisions are defined by W.S. 41-3-501. Each division is further subdivided into water commissioner districts by the Board, pursuant to W.S. 41-3-601. Any one stream system of "practicable administrative scope" is to be included within a single district. Each district is to be supervised by a hydrographer commissioner or water commissioner appointed by the Governor from among persons recommended by the superintendent of the water division in which the district is located.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 3 Lines of Authority

W.S. 41-3-603 provides that when called upon each hydrographer commissioner or water commissioner shall "divide, regulate and control the use of water of all streams within his district" according to the priority of lawfully established water rights. Actions of the various hydrographer commissioners or water commissioners may be appealed by injured persons to the division superintendents, whose decision may be appealed to the State Engineer. The decision of the State Engineer concerning an action or failure to act on the part of a hydrographer commissioner or water commissioner is a final administrative decision which may be appealed to the district court. In carrying out their duties, hydrographer commissioners or water commissioners and their assistants have the power to arrest offending persons.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 4 Types of Water Rights

(a) A Wyoming water right is a right to use the water of the state when it is applied under the law to beneficial use, as defined by permit or adjudication and its appropriation has been made in conformance with the applicable rules and regulations. W.S. 41-3-101 states: "beneficial use shall be the basis, the measure and limit of the right to use water at all times." The right attaches to the land or place of use for which appropriated and is limited to the purpose for which appropriated. Because water is so important to the economy of this state, its use is always limited to a concept of public interest. The only uses for which water rights may be established are those which receive "public recognition" under the laws of the state.

(b) A small number of water rights in Wyoming were confirmed by court decrees prior to creation of the State Board of Control and the office of the State Engineer. Generally, all other water rights acquired prior to statehood were adjudicated by the State Board of Control on the basis of "Claims to Water Filed under Territorial Law" and are known as "territorial appropriations." The first state legislature enacted a comprehensive water code, which established a filing procedure for securing water rights by permit from the State Engineer with final adjudication by the State Board of Control. The majority of Wyoming water rights have been obtained through this permit and adjudication system.

(c) Permits to appropriate water are issued for the direct diversion of the natural flow of a stream, the storage of water in a reservoir, the secondary attachment of stored reservoir water to specific lands or service area, for instream flow use, and for the withdrawal or other use of water from an underground source. A direct flow diversion is measured in cubic feet per second (c.f.s.), and in the case of irrigation, is statutorily adjudicated at a rate not to exceed one c.f.s. for each 70 acres of land irrigated (except when surplus and excess flows are available - see Sections 11 and 12). A storage right is measured in acre-feet (a.f.) and may be filled only in order of priority. An instream flow right is measured in c.f.s. A ground water right is measured in gallons per minute (g.p.m.) pumping rate and acre-feet (a.f.) per calendar year. All water rights are limited to the beneficial uses being made. The State Engineer may deny or modify an application for permit if he or she determines that the granting of an application would be injurious in some respect.

(d) After an applicant obtains a permit from the State Engineer, and then proceeds to establish the water right by applying the water to beneficial use in accordance with the terms of the permit, a proof of appropriation may be submitted to the State Board of Control. The Board will then initiate adjudication procedures in accordance with Wyoming statutes and these regulations. Amendments or corrections of unadjudicated permits are generally accomplished by petition to the State Engineer. If a water right has been adjudicated, it can only be changed or modified by the State Board of Control. A permit to appropriate water authorizes the holder to make use of the water as limited in the permit. However, a water right as such is established only when the water is applied to beneficial use. A water right is publicly recognized and specifically defined when it is adjudicated by the State Board of Control, and a certificate of appropriation is issued. Stock reservoirs, stock or domestic wells, test wells, and other temporary uses are not typically adjudicated.

(e) Certain rights to use waters of the state were awarded in the Big Horn River General Adjudication. Such rights have been recognized and adjudicated by various decrees therein. In addition to the types of rights described in subsections (a) through (d) above, some water rights were awarded based on the Winters reserved water right doctrine or were established by judicial decree. Such rights are recognized by the Board as they appear in various court decrees entered in that adjudication and the same have been incorporated into the official water records of the state.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 5 Ground Water

(a) W.S. 41-3-901 through 41-3-938 constitute a comprehensive ground water code. Although the use of ground water is not administered in exactly the same manner as is the use of surface water, a permit system is in effect in Wyoming. Prior to commencement of construction of a ground water development, a permit to appropriate ground water must be obtained from the State Engineer. Upon completion of construction and application of the water to beneficial use, and submission of proper documents, a proof is presented to the State Board of Control for adjudication. The statutes give authority to the State Engineer to resolve disputes involving interference between ground water appropriations or between surface water and ground water appropriations. For a detailed explanation of the procedures to be followed, see the Regulations and Instructions of the State Engineer's Office.

(b) The statutes also provide procedures whereby a "ground water control area" may be designated by the State Board of Control upon the recommendation of the State Engineer after the Board holds a public hearing. After the boundaries of a newly designated control area are geographically and stratigraphically determined, all previously unadjudicated ground water rights (excepting stock, test wells or domestic ground water rights) within the control area are adjudicated. The State Engineer works with an advisory board, which is elected from within the control area. W.S. 41-3-915 provides that the appropriators in a control area "may agree to any method or scheme of control of withdrawals, well spacing, apportionment, rotation or proration of the common supply of underground water," and same may be instituted if ordered by the State Engineer.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 6 Administrative Regulation

Any person with a water right in a stream system may in writing, request the hydrographer commissioner or water commissioner to regulate the source of supply for his or her benefit. If regulated during periods of decreased natural supply, the priority of the appropriations will be observed as nearly as practical and the headgates for the junior-most appropriations may be adjusted in order to satisfy senior appropriations. The request shall be made in writing on a form provided by the State Board of Control (see Appendix A of these Regulations and Instructions for a sample). Upon approving a proper request for regulation, the hydrographer commissioner or water commissioner will act to limit each water right in accordance with the priority and amounts recorded in the official records of the state. Both direct flow and the filling of storage rights are regulated in the same priority manner. The regulation of ground water appropriations generally follows priority regulation except for ground water appropriations located within control areas. W.S. 41-4-208 requires the Board to publish a tabulation of adjudicated water rights to facilitate regulation. Where special provisions for administration of water rights arise by judicial decree, such rights shall be administered in accordance with applicable laws.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 7 Reservoir Storage

(a) A reservoir is entitled to be filled in order of priority once each water year ("one fill"), if water is available. A reservoir may store more than one fill, within its permitted capacity, if water is available and not needed by any other appropriator. The water year is defined as from October 1 through September 30 of the following year. If water remains unused in the reservoir at the end of the water year, this water is termed "carry-over storage" and is counted toward providing the water to meet the following year's supply for the appropriation. For example, if a reservoir which has a right to store one thousand acre-feet has two hundred acre-feet remaining in storage which is carried over into the following year, then this appropriation would be entitled to again accrue only the remaining appropriated capacity (800 a.f.) as the storage right comes into priority on the permitted source of supply.

(b) In order to conserve the waters of the state, it is a requirement that all reservoirs be filled at times that will not interfere with or that will provide the least interference with the use of water by direct flow appropriators and thereby prevent a waste of water. W.S. 41-3-603 provides authority to the hydrographer commissioner or water commissioner to control reservoir filling and reads in part as follows:

(i) Such water commissioner shall have authority to require the filling of any reservoir whenever practical and water is available for storage from the stream or streams for which the appropriations for such reservoir are established.

(c) All water which is allowed to flow past the reservoir diversion point after receipt of a notice or order to store from the hydrographer commissioner or water commissioner will be chargeable to the storage in the reservoir and the right to store may be reduced by that amount.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 8 Storage of Direct Flow Rights

W.S. 41-3-305 provides that the holder or owner of an adjudicated water right to use the direct flow of a surface stream may store the water "so long as no other Wyoming appropriator or user is injured or affected thereby." A request to store a direct flow right must be made in writing to the State Engineer. Approval must be given by the State Board of Control before the direct flow may be diverted into storage under authority of this statute. Consideration of a request to store direct flow is generally a complex matter, which requires the availability of detailed information. Since no injury to other appropriators can occur, the storage is limited to the historic consumptive use, and is restricted to the same place of use. The details concerning the storage of direct flow rights are set out in the Regulations and Instructions of the State Engineer's Office.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 9 Rotation of Water Use

(a) W.S. 41-3-612 allows that water uses may be rotated with the approval of the hydrographer commissioner or water commissioner. The purpose of this statute is to bring about a more economic and efficient use of water. Rotation is accomplished in accordance with the specific rules set out in Chapter 5, Section 23 of these regulations. The usual practice is to divert the collective supply available in priority to the appropriations to be rotated for irrigating the lands under each appropriation more quickly and efficiently. After the first irrigation, the diversion is closed down and the collective supply is used for the irrigation of the lands under another appropriation, etc. The rotation must be accomplished in such a way that there is no injury to other appropriators from the same source of supply. This is done by establishing a definite rotation period for irrigation of the land under each appropriation based on the number of acres irrigated by each appropriation plus an adjustment in time of irrigation to account for the differences in return flow patterns from the irrigation for each appropriation.

(b) For example, assume that land under two appropriations to be rotated have the same general cropping pattern, soil characteristics, slope of land, etc., and therefore have similar return flow patterns, and that each appropriation is for one cubic foot per second for irrigation of 70 acres. Further assume that the one 70-acre tract can be irrigated in five days with the collective supply from both appropriations. The total supply of two cubic feet per second would be applied to the one 70-acre tract for a five-day period and would then be shut off from these lands and be diverted at the same rate to the other 70-acre tract for another five-day period.

(c) If we assume the same general conditions are present except that the two appropriations are for 70 acres and for 140 acres, then water would be allowed for diversion on the larger tract for twice as long as for the smaller tract.

(d) The above examples are over-simplified for most situations, but are intended to give a general idea of how rotation of water use operates.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 10 Supplemental Supply Rights

The appropriation of water as supplemental supply is defined in detail by W.S. 41- 3-113. In general, it involves the appropriation of direct flow water from another surface water source to augment or supplement the available water for an existing appropriation for which the original source of supply does not provide a full supply. The amount of water, which may be diverted is the amount available, in priority, to bring the total water diverted from all surface water sources up to the original appropriated amount.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 11 Surplus Water

Whenever the supply of water in a stream exceeds the total amount required to satisfy all existing appropriations established on or before March 1, 1945, the stream is said to be in a surplus flow condition. When surplus flows are available during the water year, they are divided proportionally among the irrigation water rights holders with priorities on or before March 1, 1945, up to an additional one c.f.s. for each 70 acres irrigated. Rights with priorities later than March 1, 1945, may be regulated to meet the demands for surplus water made by the owners of water rights with priorities earlier than or equal to March 1, 1945 (see W.S. 41- 4-317 through W.S. 41-4-324). Surplus water only applies to irrigation water rights that are based on the statutory diversion rate of 1 c.f.s. per 70 acres, and not to volumetric awards made in acre-feet per acre.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 12 Excess Water

Whenever the supply of water in a stream exceeds the amount required to satisfy all existing appropriations established on or before March 1, 1985, the stream is said to be in an excess flow condition. When excess flows are available during the water year, they may be beneficially used by irrigation water rights holders with priorities dating from March 2, 1945 through March 1, 1985, up to an additional one c.f.s. for each 70 acres irrigated (see W.S. 41-4-329 through W.S. 41-4-331). Excess water only applies to irrigation water rights that are based on the statutory diversion rate of 1 c.f.s. per 70 acres, and not to volumetric awards made in acre-feet per acre.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 13 Temporary Use of Water

Permission for temporary use of water for such purposes as road construction, well drilling, and other purposes may be obtained from the State Engineer through the procedures set out in the State Engineer's Regulations and Instructions. Also outlined in the State Engineer's Regulations and Instructions, is the procedure to be followed for changing a water use to a different type of use on a temporary basis. However, when an existing right is temporarily changed, the new use can have a marked effect on the return flow to the stream as compared to the return flow resulting from the historic use. For this reason, the hydrographer commissioner or water commissioner must assess the change in return flow, as well as other effects on the stream resulting from the temporary use. He or she must then make adjustments in the amount of water remaining for diversion to ensure that there is no adverse effect on other appropriators from the same source of supply.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 14 Water Year

The water year is defined as from October 1 through September 30 of the following year.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 15 Diversion and Conveyance Changes

(a) Pursuant to W.S. 41-3-114, the State Board of Control may consider and grant a petition to change a point of diversion or a petition to change a point of diversion and/or means of conveyance for an adjudicated water right provided that the petitioner can demonstrate that no other appropriator will be injured by the change. When a change of point of diversion is approved, the water right at the new location cannot exceed the amount of water available at the original point of diversion and may be restricted to a lesser amount if return flow or other factors so indicate.

(i) If a permit is involved rather than an adjudicated water right, the petition for change of point of diversion or change of point of diversion and/or means of conveyance is directed to the State Engineer.

(ii) Prior to 1965, there was no statutory requirement for recording a change of point of diversion and means of conveyance. Such changes could have been made as a matter of right as long as no injury to other appropriators occurred. Changes made prior to 1965 to the point of diversion and means of conveyance can be recorded with the Board by submittal of a petition if the following conditions are met:

(A) There must be proof that 1. The change occurred prior to 1965, so that it is clear that this action is to correct the records to reflect the situation as it has existed and been operated on the ground since that time; 2. No injury has occurred to other appropriators;

(B) The new point of diversion must have a current and accurate legal survey tie, to a known corner of the public land survey, on file in the State Engineer's Office;

(C) The entire appropriation must have been changed and is now being sought for recordation, or the portion changed must include the full acreage covered in the quarter- quarters. If only a portion of a water right within a given quarter-quarter is served by the new point of diversion, this subsection does not apply;

(D) The appropriation must have been diverted at least once in the last five years when water was available through the non-recorded pre-1965 point of diversion and means of conveyance.

(iii) A sample format for a petition to facilitate the described change of point of diversion and means of conveyance is found in Appendix A of these Regulations and Instructions.

(b) Under special circumstances, the division superintendent may give permission for a temporary change of point of diversion or change of point of diversion and/or means of conveyance until a proper petition can be prepared. The request shall be in writing on a form provided by the Board or in a letter which states all the same information as required by the printed form (see Appendix A of these Regulations and Instructions for a sample). A temporary change will be limited to one irrigation season.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 16 Change of Location of a Well

Pursuant to W.S. 41-3-917, the Board may consider and grant a petition to change the location of all ground water rights provided the petitioner can demonstrate that no other appropriator will be injured by the change. A change of location of a well may be allowed only for the amount of water the well is actually capable of producing, but not in excess of the adjudicated or demonstrated amount of use during the past five years, whichever is less.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 17 Water Rights Transfers

(a) Changes of place of use are authorized by W.S. 41-3-104. This type of petition is filed when lands with attached adjudicated water rights which, for example, have become seeped or otherwise unfit for production of crops by irrigation, and it is the desire to change the land description by excluding these lands and substituting other suitable lands of equal or less area. This type of petition is also used to redescribe appropriations to reflect on the record the actual situation on the ground.

(b) Changes of use are authorized by W.S. 41-3-104. A change of use may be allowed "provided that the quantity of water transferred by the granting of the petition shall not exceed the amount of water historically diverted under the existing use, nor exceed the historic rate of diversion under the existing use, nor increase the historic amount consumptively used under the existing use, nor decrease the historic amount of return flow, nor in any manner injure other existing lawful appropriators." In considering a proposed change of use, the Board must quantify the rights proposed for change of use based upon actual diversion or pumping records or otherwise reliable information. The Board also examines the economic losses and benefits of the proposed change of use and inquires into "whether other sources of water are available for the new use".

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 18 Abandonments

Pursuant to W.S. 41-3-401, an owner of a water right may deliberately relinquish an adjudicated water right or seek involuntary abandonment of a water right owned by another appropriator by a petition to the Board. A petition for involuntary abandonment may be brought before the Board by any appropriator whose water right may be benefited by a declaration of abandonment of an existing water right or whose water right might be injured by the reactivation of an unused water right.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 19 Preferred Uses

(a) Certain uses of water including municipal, stock and domestic uses are defined by law as preferred uses. W.S. 41-3-102 sets out the preferred uses and establishes their order of preference. Water for industry is a preferred use over water for irrigation except that the use of water for steam power plants and industrial purposes does not give the right of condemnation. Water rights for these uses may be obtained through the regular permit and adjudication procedures, or by acquisition of the right to use water already appropriated for some other purpose, such as irrigation. The law allows a preferred use to condemn a lower ranking use in accordance with the provisions of civil law relating to condemnation of property. Following a successful condemnation action, a petition for change of use must be submitted to the Board.

(b) Regardless of how a preferred use appropriation is acquired, the right to divert water is subject to regulation in accordance with the priority date of the acquired water right. The condemnation procedure does not expand the nature of the right condemned by a preferred use. It only ensures that the change of use can occur. W.S. 41-3-907 provides an exception for appropriations of underground water for stock or domestic purposes (with certain quantity limitations), which may be used at any time regardless of priority dates.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 20 Rights-of-Way

The issuance of a permit by the State Engineer, or the granting of a petition or the adjudication of a water right by the State Board of Control does not give a right-of-way to the water appropriator over the lands of any other person. The individual appropriator is responsible for obtaining proper and necessary rights-of-way or easements by negotiation and agreement or otherwise by compliance with the law of the state.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 21 Interstate Compacts and Court Decrees

In addition to complying with state water law, Wyoming appropriators must comply with any restrictions on water use contained in interstate water compacts and court decrees. In the administration of such rights, the Board will follow any specifically mandated provisions of administration of rights contained in such compacts and decrees. The local water administrators will be familiar with these additional restrictions applicable to their districts and may be contacted for further information.

History

Effective 2025-01-03

Wyo. Code R. 037.0007.1.01032025 § 22 Instream Flow

Prior to 1986, Wyoming water law required water to be diverted from its natural channel and conveyed to a point of use or stored constituting beneficial use. In 1986, enactment of the instream flow law expanded this concept to allow only the State of Wyoming to own a water right for instream flow in a natural channel for fisheries purposes. Thus, pursuant to W.S. 41-3-1001 through 41-3-1014, a new water right can be issued, or an existing right changed, to allow water, when available, to remain in the natural stream channel and be protected for fisheries purposes according to its water right priority. With proper permitting, instream flow needs may be met from reservoir storage.

History

Effective 2025-01-03

Chapter 2 Organization & Authority

Wyo. Code R. 037.0007.2.01132005 Organization & Authority

Chapter 2

ORGANIZATION AND AUTHORITY

Section 1. Authority. The State Board of Control was created by Section 2, Article 8 of the Wyoming State Constitution, adopted by vote of the people on November 5, 1889, and approved by the United States Congress on July 10, 1890 (see also Chapter 4 of Title 41, Wyoming Statutes, 1977, especially W.S. 41-4-201, et seq.).

Section 2. Rules and Regulations.

(a) W.S. 41-4-211 authorizes the State Board of Control to adopt reasonable rules and regulations to carry out the duties imposed on it by law. These regulations are promulgated pursuant to this authority.

(b) These regulations shall apply to all proceedings before the State Board of Control. Persons having business before the Board are advised to also examine the previous decisions of the Board, which are published in its Order Record. The decisions sometimes contain discussions of policy, which could prove helpful in a pending matter. However, such policy statements are not to be viewed as binding precedent. The Board may adapt its policies to the situations at hand on a case-by- case basis.

Section 3. Definitions. In addition to the definitions set out in the Wyoming Administrative Procedure Act (W.S. 16-3- 101 through W.S. 16-3-115) and in Title 41 of the Wyoming Statutes, the following terms are used throughout these regulations:

(a) "Board" means the State Board of Control.

(b) "President" means the State Engineer acting as President of the State Board of Control.

(d) "Superintendent" means a water division superintendent who serves as a member of the Board.

(e) "Secretary" means the ex-officio secretary of the Board who is appointed by the Board in a non-voting capacity.

(f) "Adjudication Officer" means the person employed by the Board who is charged with maintaining its official books and records at its office in Cheyenne. As instructed from time to time by the Board, the Adjudication Officer assists the Board in the conduct of its meetings and routine business. As reflected in the Board's minutes, the Adjudication Officer has limited authority to sign correspondence and otherwise act as the Board's agent. The Adjudication Officer may also be referred to as the Administrator of the Board.

(g) "W.S." refers to the Wyoming Statutes, 1977, in their most recently enacted form. Any statutory citation, unless otherwise indicated, references the legislation enactment as amended.

Section 4. Board Composition. The State Board of Control is composed of the State Engineer and the superintendents of the four water divisions of the state. The State Engineer serves as President of the Board and is a voting member.

Section 5. Powers and Duties.

(a) The State Board of Control has supervision over the waters of Wyoming and their appropriation, distribution and diversion, and of the various officers connected therewith. The Board serves as a quasi-judicial body in the adjudication of water rights, and in the consideration of contests and petitions affecting adjudicated water rights.

(b) Historically, the first duty of the Board was to determine the priorities of rights to use the water flowing in the streams of Wyoming, beginning with the streams most heavily used for irrigation. This task was accomplished by a general stream adjudication for the entire state. Thereafter, the Board has continued to adjudicate surface and ground water rights under permit and to consider petitions dealing with abandonment, amendment, or change of water rights.

(c) The Board is directed by W.S. 41-3-601 to divide the State into several water commissioner districts within each of the four water divisions. On recommendation of the State Engineer or the division superintendent, the Board may change the water commissioner district boundaries.

Section 6. Oaths. The members of the State Board of Control are authorized to administer oaths in all situations where to do so is necessary in the performance of their official duties (see W.S. 41-4-211).

Section 7. Seal. All certificates of appropriation and construction issued by the State Board of Control shall be signed by its President and be attested to by the Secretary over the seal of the Board. All other certificates, certifications and certified documents may be signed and sealed either by the President, Secretary, or Adjudication Officer. The Board's official seal is described as follows: An embossed circular seal one and three quarters inches in diameter consisting of two concentric circles, the outer being one and three quarters inches in diameter, and the inner being one and three sixteenths in diameter. The space between the two circles to contain the words: "State of Wyoming Board of Control". The inner circle to contain the Great Seal of the State of Wyoming.

History

Effective 2005-01-13

Chapter 3 General Procedures

Wyo. Code R. 037.0007.3.01132005 § 1 Meetings

By statute, the Board holds four quarterly meetings each year. To the extent possible, these regular meetings are spaced equally throughout the year according to the following schedule:

(a) First week in February;

Second week in May;

Third week in August; and

Fourth week in November (except when it conflicts with Thanksgiving).

(b) Special meetings may be held at other times at the call of the President or Acting Chairman after consultation with the other Board members. If a special meeting is held at the request of a private party, the costs of providing for the travel expenses of the Board members and any necessary staff assistants and legal advisors must be met by the private party (see W.S. 41-4-201).

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 2 Quorum and Voting

A majority of the members of the Board constitute a quorum to transact business, but a decision of the Board requires an affirmative vote of three members (see W.S. 41-4-201).

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 3 Order of Business

Meetings of the Board will generally proceed in the following manner (subject to change as necessary):

(a) Call to order;

(b) Review, correction and approval of the minutes from the last meeting;

(d) Consideration of proofs of appropriation and proofs of construction (ground water proofs are usually considered at the May and November meetings while surface water proofs are usually considered at the February and August meetings);

(e) Unfinished or carry-over business from the last meeting;

(f) New business, appearances and discussion items;

(g) Adjournment.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 4 Books and Records

The following books and records shall be kept and shall constitute the official records of the Board, which are open to the public and available for copying (electronic versions may be available for copying if they exist):

(a) Minutes - loose-leaf book to contain, in proper order, the minutes of all meetings of the Board;

(b) Order Record - loose-leaf book to contain the original of all Orders entered by the Board;

(c) Certificate Record - loose-leaf book to contain a copy of each certificate of appropriation of surface or ground water or certificate of construction of a reservoir issued by the Board;

(d) Card Index File of the following:

(i) SURFACE WATER - a listing by water division and stream of all adjudicated water rights with the name of the appropriator, permit number, priority date, order record number, certificate record number, proof number, name of the ditch or pipeline, and such other information as may appear to be appropriate;

(ii) GROUND WATER - a listing by township and range of all adjudicated ground water rights with the name of the appropriator, permit number, statement of claim or well registration number, priority date, order record number, certificate record number, proof number and the name of the well; and

(iii) PETITIONS - a listing of each petition according to the source of the appropriation and the name of the petitioner;

(e) File of Proofs of Appropriation Allowed, by number;

(f) File of Rejected Proofs;

(g) An individual file folder for each petition or pending action.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 5 Interagency and Intra-Agency Memoranda

All files and papers of the State Board of Control not listed above in Section 4 are deemed to be interagency or intra-agency memoranda or letters not routinely made available to the public. Most of the Board's correspondence, maps and other printed materials can be made available upon written request directed to the Board at its office in Cheyenne, Wyoming. Should any requested file or paper not be provided as requested, the requestor will be provided with a written explanation.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 6 Orders and Certificates

(a) A specific order shall be entered in the Order Record upon the grant, denial or dismissal of any petition filed with the Board, and a copy of the Order shall be mailed to the petitioner. If the Board action grants an amendment in land description, an amendment to or correction of an existing certificate, a change of use, or an abandonment of a water right, a certified copy of the Order shall be recorded in the office of the county clerk of the county or counties in which the water right is located.

(b) When a certificate of appropriation, amended certificate, or a certificate of construction of a reservoir is issued, the original shall be recorded in the office of the county clerk of the proper county and then forwarded to the appropriator. A copy shall be filed in the office of the Board in the Certificate Record (see W.S. 41-4-325).

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 7 Rule Making

Rule making through the promulgation of written regulations shall be accomplished in accordance with W.S. 16-3-102 through W.S. 16-3-106.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 8 Fact Finding Hearings

(a) In exercising its rule making authority or general regulatory authority over the waters of the state, the Board may conduct fact finding hearings, pursuant to notice as required by statute for the situation involved.

(b) A fact finding hearing is non-adversary in nature and no pleadings are required. Any interested persons will be afforded the opportunity to appear or otherwise make his views known to the Board. Oral and written statements may be presented without regard to the rules of evidence.

(c) The Board member or other person designated as the hearing officer may adopt whatever procedures appear to be reasonable and necessary for the conduct of the hearing.

(d) Persons appearing to make statements or present information are not thereby made available for cross- examination, but will be permitted to answer questions asked by the hearing officer, Board members, or any other person, provided they choose to do so. The hearing officer may limit questioning and the length of oral statements in the interest of conducting the hearing in a proper manner.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.3.01132005 § 9 Assistance of Attorney General

In all matters before the Board, the Attorney General may be present to assist and advise the Board.

History

Effective 2005-01-13

Chapter 4 Adjudication of Proofs

Wyo. Code R. 037.0007.4.01132005 § 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 4, 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:

(i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

(v) 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. 41-4-312, the procedures outlined in Section 4 of this chapter shall be followed:

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

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

History

Effective 2005-01-13

Wyo. Code R. 037.0007.4.01132005 § 2 Ground Water Proofs

(a) Rights to the use of ground water shall be adjudicated by the State Board of Control as provided in W.S. 41-4-511 (see also W.S. 41-4-513).

(b) To adjudicate a ground water right, various steps must be taken by the water user, by the State Engineer's Office, and by the State Board of Control. The following is a brief outline of the basic procedure:

(i) PERMIT - A permit (Form U.W. 5) must be approved by the State Engineer before commencing the construction of any well (including test holes). Unless otherwise extended, the permittee has one year from the date the permit is approved by the State Engineer in which to commence the construction of the well.

(ii) STATEMENT OF COMPLETION - This form (Form U.W. 6) is required to be submitted within 30 days after the well has been completed with a permanent pump. If the well is a flowing well, the Statement of Completion must be submitted within 30 days of completion of the well with valve or other acceptable control device.

(iii) PROOF OF APPROPRIATION AND BENEFICIAL USE OF GROUND WATER - This form (Form U.W. 8) consists of three separate parts.

(A) PART I - This portion is required to be submitted to the State Engineer by December 31 of the year following the year in which the application was approved by the State Engineer, or prior to such time stated in a letter of extension. Part I contains information detailing the date and type of beneficial use.

(B) PART II - This part of the Beneficial Use Notice is to be submitted with Part I. Part II is an acceptable plat of the completed facility, or a topographic map in acceptable form. The plat or topographic map must be prepared in accordance with the map instructions of the State Engineer's Office, Ground Water Division. Acceptable proof of ownership must accompany all plats submitted.

(C) PART III - After all required notices and the certified plat have been submitted to the State Engineer's Office, a representative of the State Engineer or the water division superintendent will conduct an on-the-ground inspection of the facility to determine if the terms of the permit have been met. The person conducting the inspection will submit a written inspection report to the Board for its consideration. For the holder of a water right under a Statement of Claim or Well Registration to obtain an adjudicated ground water right, only Part II and Part III must be completed.

(iv) The proof, advertising, and recording fees are collected for each ground water permit when the executed proof form is returned by the applicant.

(v) The proofs taken must be advertised in a newspaper of general circulation in the nearby area at least 30 days before any regular meeting of the Board. 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 being 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.

(vi) After proper advertisement of the water right, and if no protest is received, the proof is submitted to the State Board of Control for final consideration. If the proof is adjudicated, a certificate of appropriation is issued and recorded in the county in which the place of use is located and forwarded to the ground water right owner.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.4.01132005 § 3 Instream Flow Proofs

(a) Authorization for taking final proof of instream flow permits is set out in W.S. 41-3-1006(f). This statute states that "(I)f an application for an instream flow appropriation is approved by the State Engineer, it shall be deemed that work has been commenced and completed and beneficial use made thirty (30) days after the date of approval for purposes of W.S. 41-4-506 and proof of appropriation shall not be submitted until three (3) years thereafter."

(b) The superintendent or a designated hydrographer commissioner will make an on-the-ground inspection of the segment, inspect the measuring device, and review discharge records and measurement notes for the last five years. The Wyoming Game and Fish Department may provide, or upon request submit, stream flow data to document flows. If permitted flows have not actually occurred during the period of review, an adjustment will be made by elimination of the permitted c.f.s. amount reduced to the amount which was actually present.

(c) Advertising and dispensing of these proofs will be done in conjunction with other surface water proofs (see Chapter 4, Section 1 of these Regulations and Instructions).

History

Effective 2005-01-13

Wyo. Code R. 037.0007.4.01132005 § 4 Contested Proofs

(a) Any person, corporation, or association of persons owning a valid water right to the use of water from any source involved in the adjudication may contest the rights of any person, corporation, or association, which has submitted a proof to the superintendent, provided that the contestant notifies the superintendent of the appropriate water division in writing within fifteen days after the proofs have been made available for public inspection and states the grounds of the contest (see W.S. 41-4-312 through 41-4-315, and 41-4-511).

(b) If a valid contest is received, the division superintendent shall notify the contestant and the person, corporation, or association whose rights are contested to appear before him at a convenient time and place as he shall designate in writing. The date of hearing shall not be less than thirty days nor more than sixty days from the date the notice is served on the parties to the contest. This notice shall be mailed by certified mail with return receipt requested.

(c) The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all interested parties. If requested and if necessary, he shall issue subpoenas to compel the attendance of witnesses to testify. The evidence shall be confined to the subjects stated in the notice of contest. A deposit, as required by W.S. 41-4- 314, for each day of taking evidence, shall be required from each of the parties. The contestant shall arrange for a record to be taken and shall pay the cost of preparing the transcript of the hearing before the record is forwarded by the superintendent to the State Board of Control for final determination or adjudication.

(d) The water division superintendent shall transmit all the evidence and testimony from a hearing on a contested proof to the Cheyenne office of the Board in person or by certified mail.

(e) The specific rules of practice for contested cases are described in Chapter 6 of these regulations.

History

Effective 2005-01-13

Chapter 5 Petition Information

Wyo. Code R. 037.0007.5.09032026 § 1 Initiation

Matters concerning adjudicated appropriations of water, all changes of use, and ground water permits under which water has been put to beneficial use, must be brought before the State Board of Control in the form of petitions. In most cases, it will be necessary for the surveyor, or other party preparing a petition, to secure detailed information from the records of the State Board of Control. Assembly of this information from the Board records will be greatly simplified if the request for information is accompanied by a general statement as to the nature of the proposed petition.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 2 Required Information

(a) The permit number and name of the original appropriator (generally found in the Tabulation of Adjudicated Water Rights), the proof number, the Order Record citation (book and page), and the Certificate Record (book and page) wherein the appropriation is recorded or, in the case of a decreed right, the specific reference to the decree under which the appropriation was granted, should be included in the petition to properly identify the appropriation involved. This information is available from the office of the State Board of Control.

(b) It is the responsibility of the registered engineer or professional land surveyor to accurately portray, by map and written statement, the existing conditions on the ground. The information of record relating to adjudicated water rights may not properly reflect the conditions on the ground. Therefore, care must be exercised in utilizing record information. Where there are discrepancies between the record and the actual situation, these differences should be pointed out to the Board, and, where necessary, a proper request made to correct the record to reflect the true conditions. If there is a question as to when it is necessary to correct the records, it is suggested that an inquiry be directed to the Board, setting out the circumstances and asking how to proceed.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 3 Hearing Expenses

In all hearings before the division superintendents or the State Board of Control where oral evidence is to be presented, the petitioner or contestant shall provide and pay for a complete transcript of testimony as required by the statute or statutes applicable to the petition involved. In the case of an involuntary abandonment petition, the party initiating the abandonment (contestant) shall provide and pay for a complete transcript.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 4 Filing Requirements

(a) A petition filed with the State Board of Control, Cheyenne, Wyoming, must be accompanied by a letter of transmittal designating a person to receive correspondence concerning the petition.

(b) A petition must be in the form of a sworn affidavit signed by the petitioner or his authorized agent before a notarial officer or other officer authorized to administer oaths, the original of which must be filed with the Board. Photocopies or fax copies are not acceptable.

(c) The petition must be filed with the State Board of Control at least forty-five days prior to the date of the meeting of the Board at which the petition is to be considered.

(d) The petition of an incorporated or unincorporated ditch company or irrigation district, or other corporation, such as a land and livestock company, must be accompanied by evidence of the authority of the officers or agents to present the petition. Generally, a certified copy of an excerpt of the company or district minutes authorizing such action is sufficient. The Board may also consider agents or other entities recognized by the Wyoming Secretary of State to perform business for the company or association. Evidence of signatory authority to present a petition may include signed company or district minutes, corporation bylaws or articles of incorporation, or attested signatures of signatory authorization. When a petition involves ditches which are individually owned or in partnership, all parties of interest should join in the petition. If another person is to act in their behalf, the petition must be accompanied by the proper authorization.

(e) Powers of attorney, or any other supporting documents shall be of legal form and shall be notarized.

(f) The required fee(s) in each case must be received by the Board before final action can be considered on any petition.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 5 Maps and Surveys

(a) Petition maps must be on good quality tracing linen or an acceptable equivalent. All maps to be filed in the office of the State Board of Control shall conform with the Regulations and Instructions of the State Board of Control. Particular attention shall be accorded the land grid which is used on maps accompanying petitions, which shall agree with the current U.S. Government survey plat as to lotting and other subdivision identification. Sufficient information should be placed on the map to clearly show what is proposed in the petition. This can be done by use of a proper map title, a detailed map legend, proper land ownership and explanatory notes and labels as needed.

(b) The same map used for an application for permit to the State Engineer and/or a petition to the State Engineer may accompany a petition to the State Board of Control when it is feasible to show all the required information on one map. In such a situation, the map title shall reflect that the map supports two or more proposals by identifying each in detail

(c) All maps in support of petitions must bear the certificate of a professional engineer or professional land surveyor licensed to practice in Wyoming.

(d) Maps shall be prepared from field notes and a survey and shall reflect the true conditions on the ground. The survey may be supplemented by information from aerial photographs and the records of the State Board of Control and State Engineer. However, such supplemental information is not to be substituted for a survey made on the ground. Because most petitions to the State Board of Control deal with lands which are irrigated in whole or in part, the certificate should reflect what lands shown on the map are in fact irrigated. A statement that lands have been irrigated, or could be irrigated, or are irrigable, is not acceptable. The Board must know the true situation on the ground which exists at the time the map is prepared. For example, if part of the lands in the original adjudication lie above a ditch and have not historically been irrigated, or are not now being irrigated, the map should portray this situation, which should also be reflected in the certificate. The same type of information is generally required when ground water appropriations are involved.

(e) Hard copy maps must not be folded.

(f) If a special situation arises which does not appear to be compatible with the map requirements outlined above, specific written permission from the Secretary of the Board should be obtained in order to deviate from these map requirements. Such a permission letter must be transmitted with the petition and map when they are filed.

(g) When a delivery system (means of conveyance) contemplates changes involving appropriable waterway(s), or becomes so complicated in the view of the division superintendent that it hampers water administration, the division superintendent may require that a petition to describe or change the means of conveyance be filed.

(h) All maps which accompany petitions for change of water rights shall:

(i) Show by proper cross-hatching the location within 40-acre subdivisions the lands from which the water right is being removed and/or the lands which are affected by the change. Do not use symbols. If necessary, show two views, one as presently irrigated, and one as proposed to be amended.

(ii) Show all ditches, pipelines and other means of conveyance needed to support the petition.

(iii) Show by tie from a found corner of the public land survey and associated global positioning system (GPS) coordinates in a common coordinate system the location of all points of diversion, wells, pumps, and pivot points for circular sprinklers.

(iv) The legend which corresponds with the appropriate cross-hatching shall clearly state the right involved and how it is to be amended.

(v) All landmarks and physical features such as highways, railroads, streams, etc., shall also be shown on the map.

(vi) Delineate ownership boundaries of lands described in the petition, and all other ownership boundaries required by the proposed petition.

(i) Digital maps are acceptable with an original seal and signature within the certificate of a professional engineer or professional land surveyor.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 6 Proposed Subdivision Developments

Wyoming Statute provides for the disposition of any water rights appurtenant to the lands involved in a proposed subdivision development prior to its approval by the county or municipal officials. If there are no water rights found appurtenant to the lands to be subdivided, the developer should obtain a statement confirming this fact from the office of the State Engineer for submittal to the appropriate governing body. The disposition of each subject water right must be in accordance with one or more of the four (4) procedures outlined below:

(a) The subdivider may submit the documentation necessary to relinquish all or part of the water rights as follows:

(i) If the water rights are adjudicated, the developer will submit to the Board a petition for voluntary abandonment. The petition must be accompanied by a statement of ownership certified by the appropriate county clerk or some other acceptable proof of ownership. Other documentation may be required by the Board.

(ii) If the water rights are unadjudicated, the developer will submit a written request to the State Engineer for either a cancellation of the entire permit or for the elimination of the lands involved from the permit. Either request must be accompanied by a statement of ownership certified by the appropriate county clerk or some other acceptable proof of ownership.

(b) The subdivider may petition for change in place of use of all or part of the water rights to new lands, or change all or part of the water rights to new uses, and thereby provide for the continued beneficial use of the water. A petition and accompanying map certified by a professional engineer or professional land surveyor licensed to practice in Wyoming will be required (see Section 11, this Chapter entitled Authorizing Statutes).

(c) In addition to disposing of the water rights under proposed roadways and other areas no longer to be irrigated, the subdivider may leave all or part of the water rights on the land and develop a plan for distribution within the subdivision. This plan will be evaluated so it does not introduce or perpetuate errors in the records of the State Engineer's Office.

(i) The developer shall submit a plan, certified by a Professional Engineer or Professional Land Surveyor, to the State Engineer, and a copy to the local irrigation district board, association, or remaining appropriators in the case of an unorganized ditch or pipeline system for distribution of the water right(s) within and through the subdivision. The Water Distribution Plan must show or satisfy that:

(ii) All existing water rights which will remain attached to the lands proposed to be subdivided.

(iii) How each water right is to be conveyed from the source to and beyond the lands proposed to be subdivided.

(iv) How the water is delivered to the various lots within the proposed subdivision.

(v) How much acreage of each water right is to remain appurtenant to each lot within the proposed subdivision.

(vi) The water right items to be shown on the water distribution plan map for each proposed subdivision lot should include:

(A) Permit number, proof and certificate record (if adjudicated), court decree priority (if applicable, and stream name, name of supply facility, priority date, and source of the water right(s).

(B) Numbers of acres permitted or adjudicated and currently being actively irrigated.

(C) The facility which conveys water from the source stream to the proposed subdivision, should be shown in its entirety, on the location map.

(D) The means of conveyance of the water shall be shown to each lot entitled to water delivery. In addition, culverts to convey the delivery under driveways and streets within the subdivision should be shown.

(E) Contour lines, direction of slopes or other means of showing direction of water flow should be included, if necessary, to assist in the evaluation of the means of delivery and application of water to the lots within the proposed subdivision.

(F) Because property owners are responsible for the drainage of their waste water, depict how waste water is to be managed to ensure that it does not damage any adjoining lands nor alter historic return flow patterns. To prevent property damage from irrigation or waste water to properties down- gradient within or below the proposed subdivision it may be necessary to design and show waste ditches or drains to capture waste water or return flow from the upper lots.

(vii) Since Wyoming law does not recognize any riparian water rights, lot owners have no right to water flowing past or through the proposed subdivision other than for permitted use(s) specifically appropriated or adjudicated to their lot via the State Engineer's Office or the State Board of Control. A statement to this effect shall be added to the plan.

(viii) Final approval by the State Engineer of the plan to deliver water to the proposed subdivision shall be sent to the appropriate governing body for notification pursuant to W.S. 18-5-306(a)(xi)(A)(III) and W.S. 15-1-415(e)(i)(C). Copies of the State Engineer's approval along with the map will also be sent to the subdivider, the water division superintendent, and the hydrographer/water commissioner.

(ix) Upon final approval of the subdivision by the appropriate governing body, a reproducible map of the subdivision plat shall be provided by the county or municipality to the State Engineer's Office for incorporation into its records. The approved water distribution plan should be available for inspection through the appropriate county or municipal agency.

(x) The subdivider should allow at least ninety (90) days from the time the water distribution plan is submitted to the State Engineer's Office for final approval by the State Engineer. If the Water Distribution Plan is associated with a Petition or Authorization to Detach Water Rights, it is possible that the plan approval by the State Engineer will be delayed until the Board of Control has taken final action on the associated Petition or Authorization to Detach Water Rights at its quarterly meeting.

(d) Authorization to Detach Water Rights.

(i) The authority to enter into an Authorization to Detach Water Rights (ADWR) resides in the Board of Control's general rulemaking authority under W.S. 41-4-211, as it relates to the Board of Control's constitutional and statutory responsibilities for water administration and management.

(A) An accepted ADWR shall constitute authorization for the grantee to request change of use or change of place of use or voluntary abandonment of a water right. If a change of use or change of place of use petition is not filed with the Board of Control within five (5) years of the date of acceptance of the ADWR, or if such petition is timely filed and not subsequently granted, the water right(s) is deemed to be voluntarily abandoned on the five-year anniversary date of the ADWR acceptance, and the State Board of Control will issue an order to that effect.

(B) Upon acceptance of the ADWR, the water rights involved in the ADWR shall be detached from the lands, held in abeyance, and all irrigation associated with the detached water rights shall cease. An accepted ADWR cannot be rescinded unless the governing body does not approve any subdivision for which the ADWR was sought, financial hardship of the water right holder is demonstrated, or in other circumstances where the Board finds good cause. A request to rescind the ADWR must be filed before the five-year anniversary date of the ADWR acceptance.

(ii) Map Requirements. If an ADWR is filed with a petition or a Water Distribution Plan, then all existing map requirements must be met. The same map requirements apply if an ADWR is not associated with a petition or a Water Distribution Plan, except that a paper map is acceptable. All maps involved with ADWRs must delineate the area of each water right involved to be authorized for detachment, specifying the acreage within each quarter-quarter. The title block must show that it is also the "Map to Accompany the Authorization to Detach Water Rights" when with a petition or Water Distribution Plan.

(iii) Land Ownership.

(A) Land ownership by the grantor in the form of a certificate of ownership or a copy of a recorded warranty deed is required for all lands under an ADWR.

(B) The grantor or their successors are responsible for providing notice, to the purchasers of those lands, of the status of the water rights authorized for detachment and that this water right will be moved or abandoned within five (5) years.

(iv) Historic Use Requirements. Prior to filing a petition and map for a change of place of use or change of use for lands that were previously authorized for detachment by the Board of Control, evidence of recent historical use, within the five (5) years immediately prior to the acceptance of the ADWR, will be needed for submittal with the associated petition.

(v) Fees. See Fees, Wyoming State Engineer's Office, Wyoming State Board of Control, Chapter 1, Section 5(h).

(vi) Form Requirements. The form in Appendix A on page A-28-29 should be completely filled out and signatures of the grantee and grantor on the ADWR must both be notarized. The notarized ADWR forms with accompanying map, fees and current land ownership documentation will be reviewed and considered by the Board of Control.

(vii) Undefined Lands Procedure and Consent. A companion petition to the Board of Control for an amended certificate will be required for an ADWR where the authorization to detach is only for a portion of an un-defined blanket appropriation or court decree water right, including any appropriation where the acreage within the affected quarter- quarter(s) is undefined. This requirement is intended to show that the other landowner(s) within the affected area are not injured by the apportionment of the appropriation between the landowners as shown in the ADWR and its accompanying map. Alternatively, the lands to be detached and potentially neighboring lands may be defined on the ADWR map, provided that the claimant obtains notarized consent from all other landowners within he affected land description.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 7 Consent

(a) When a petition for a change of water rights is filed with the State Board of Control, which requires that consent be obtained from the owners of appropriations of water that might be affected or an organized company representing individual owners, such consent shall be:

(i) Sought by the petitioner through regular mail or personal contact following notification by the Board that the petition is technically sufficient; and

(ii) Obtained in the form of a notarized statement. See sample Consent form in Appendix A which includes a waiver of further notice.

(b) When consent cannot be obtained, the Board, at a regular or special meeting, may order that a hearing be held by the superintendent of the water division in which the appropriation proposed to be changed is located, or the Board's designee.

(i) The hearing shall be for the purpose of taking objections to the granting of the petition, thereby commencing a contested case pursuant to Chapter 6, Section 3 of these Regulations.

(ii) The cost of taking and transcribing the testimony and of securing the service upon the parties involved shall be borne by the petitioner.

(iii) Notice of the hearing shall be given in accordance with Chapter 6, Section 3, of these Regulations.

(c) If no party objects to the granting of the petition at the hearing held pursuant to this Section, the Board shall take up the petition at its next regular meeting for any further action.

(d) The procedures in subsections (b) and (c) of this Section 7 shall be followed with petitions involving change of point of diversion, change of point of diversion and/or means of conveyance, or correction or amendment of certificate or change of place of use to redescribe territorial "blanket descriptions" and court decree rights pursuant to Chapter 5, Sections 14(h) and 16(h) of these Regulations, when one or more appropriators affected by the proposed change neglects or refuses to give the necessary consent to the change.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 8 Fees

See the current publication of Fees - Wyoming State Engineer's Office and Wyoming State Board of Control.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 9 Funds

The appropriate amount for the county recording fee shall be used by the Secretary of the Board to pay for the recording of a certificate of appropriation or amended certificate of appropriation or order in the office of the county clerk of the county in which the water right is situated, and the remainder of the fee shall be remitted to the State Treasurer for credit to the general fund. If the Board of Control denies the petition, the recording fee shall be returned to the person, association, or corporation submitting the petition. All other fees received by the Board for copies, certified copies of records, tabulations of adjudicated water rights, etc., shall be transmitted to the State Treasurer for credit to the general fund of the State of Wyoming (see W.S. 41- 4-514).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 10 Proof of Ownership

The proof of ownership of lands involved in a petition can be in the form of a certificate from the county clerk, but it may be in some other form, such as a copy of land purchase contract or recorded warranty deed. If the lands are being purchased by the petitioner from the owner of record, a consent to the petition by the seller is required. If the ownership is joint in nature, all co-owners must either join as petitioners or consent to the petition. In the case of husband and wife ownership, it is best if both parties sign the petition as petitioners. When all or part of the lands involved are managed by a federal government agency, the petitioner must show some authority to request the proposal in the petition such as a lease, special use permit, etc. In addition, consent to the petition from the government agency must be obtained. If the lands involved are State owned, a consent from the State Land Office is required. Proof of ownership must also be provided for all persons consenting to the petition.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 11 Authorizing Statutes

The following statutes authorize the various petitions enumerated hereunder:

(a) W.S. 41-3-114

(i) Change of point of diversion.

(ii) Change of point of diversion and means of conveyance.

(b) W.S. 41-4-514 - Correction or amendment of certificate of appropriation.

(d) W.S. 41-3-401 through 41-3-402 - Involuntary abandonment.

(e) W.S. 41-4-517 - Appeal from endorsement of the State Engineer.

(f) W.S. 41-3-917 - Change in location of well.

(g) W.S. 41-3-612 - Rotation of water use - (see Appendix A of these Regulations and Instructions).

(h) W.S. 41-3-329 - Change of point of diversion for a reservoir.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 12 Change of point of diversion - Surface Water

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.

(i) 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.

(ii) 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.

(iii) 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.

(iv) ITEM 4 - Give reasons why the proposed change is desirable.

(v) 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. Written consents should be sought and obtained pursuant to Chapter 5, Section 7 of these Regulations (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.

(vi) ITEM 6 - Identify all intervening tributaries or other sources of supply. If there are none, make a simple statement to this effect.

(vii) ITEM 7 - State whether or not any other appropriator from the same source of supply will be injured in any way.

(viii) 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.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 13 Change of Point of Diversion and/or Means of Conveyance

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.

(i) 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.

(ii) 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.

(iii) 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.

(iv) ITEM 4 - Give reasons why the proposed change is desirable.

(v) ITEM 5 - State that consents will be sought and obtained from all other appropriators using the two facilities directly involved, i.e., the old and new ditches, pursuant to Chapter 5, Section 7 of these Regulations. 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."

(vi) 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. State that consent will be sought and obtained from the intervening appropriators pursuant to Chapter 5, Section 7 of these Regulations (a sample consent form in Appendix A accompanying these Regulations and Instructions). If consents cannot be obtained, a hearing must be held.

(vii) ITEM 7 - Identify any intervening tributaries or other sources of supply. If there are none, make a simple statement to that effect.

(viii) ITEM 8 - State whether or not any other appropriator from the same source of supply will be injured in any way.

(ix) 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.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 14 Correction or Amendment of Certificate of Appropriation

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. 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.

(i) 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.

(ii) 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.

(iii) ITEM 3 - Delineate the lands under the appropriation by legal subdivision which are currently irrigated or proposed to be irrigated.

(iv) 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.

(v) 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).

(vi) ITEM 6 - State conclusively whether or not any other appropriators from the same source of supply will be injured in any way.

(vii) 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. Consent should be sought and obtained from all owners of lands within the original water right blanket description pursuant to Chapter 5, Section 7 of these Regulations.

(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).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 15 Change of Use

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. 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.

(i) 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. 41-3-104.

(ii) ITEM 2 - Describe in detail the record as it identifies the appropriation to be changed. Describe the lands involved by legal subdivision.

(iii) 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.

(iv) 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.

(v) 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.

(vi) 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. 41-3-104.

(vii) ITEM 7 - State whether or not any other appropriator from the same source of supply will be injured in any way.

(viii) 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.

(ix) 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).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 16 Change of Place of Use

The authorization for this petition and provisions are found in W.S. 41-3-104. The following information is required:

(a) HEADING - Show sufficient description and identification of the appropriation or appropriations to be changed.

(b) OPENING STATEMENT - Identify the petitioner, and give a mailing address and a general introduction.

(i) ITEM 1 - Indicate whether the petitioner is the sole or part owner of the appropriation and all or part of the lands described in the appropriation, and has provided the necessary proof of ownership.

(iii) ITEM 3 - Delineate the lands under the appropriation by 40-acre subdivision which are actually irrigated or proposed to be irrigated.

(iv) ITEM 4 - Give sufficient reason for the requested change.

(v) ITEM 5 - Fees are required for a petition of this type (see Board Fee Schedule).

(vi) ITEM 6 - State conclusively whether or not any other appropriations from the same source of supply will be injured in any way.

(vii) ITEM 7 - State that the required map accompanies the petition. The map shall show the location of the ditch and the lands irrigated therefrom. The lands proposed to be excluded and the lands proposed to be included shall be shown on the same map by different cross-hatching.

(d) PRAYER - State what is desired to be accomplished by the petition.

(e) If the proposed change concerns lands now owned by another, the owner's written consent should accompany the petition or be submitted following notification by the Board that the petition is technically sufficient. If consents cannot be obtained, a hearing may be held.

(f) A petition may also be filed when lands with attached adjudicated water rights have become seeped or otherwise unfit for production of crops by irrigation, and it is the desire of the appropriator to change 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 water right.

(g) A hearing may be required for petitions where the re-description 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 re-describe territorial "blanket descriptions" and court decree water rights so as to reflect on the record the actual diversion 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. Consent should be sought and obtained from all owners of lands within the original water right blanket description pursuant to Chapter 5, Section 7 of these Regulations.

(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 change the place of use of ground water appropriations must be accompanied by copies of the pumping power or other records for at least five years prior to the petition filing date.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 17 Involuntary Abandonment

An involuntary abandonment is the forfeiture of a water right which has not been exercised for at least the five successive years past when water was available to satisfy the water right. Years during which a water supply was not available are not included. A petition for involuntary abandonment may be brought before the State Board of Control by any appropriator whose water right might be benefited by a declaration of abandonment of an existing water right or whose water right might be injured by the reactivation of an unused water right. Standing is determined by demonstrating that the petitioner holds a valid adjudicated water right or permit to appropriate water from the same source of supply which is equal to or junior in date of priority to the water right for which abandonment is sought, or a surplus water right if the water right sought to be abandoned has a priority date of March 1, 1945, or earlier. A petition for involuntary abandonment requires a fee (see Board Fee Schedule) for each appropriation for which abandonment is sought. Statutory authority for this type of petition and matters related is found in W.S. 41-3-401, and the contested case procedures set out in these regulations. The State Engineer may also initiate abandonment proceedings under certain conditions as stated in W.S. 41-3-402. A petition for declaration of abandonment must be supported by complete documentation which shows the ownership of each challenged appropriation, and the appropriation(s) upon which the petitioner relies for standing so that the Board's staff may provide notice to all persons known to have any interest in the proceedings. The petitioner is required to specifically list the lands served by each challenged appropriation, and to name all persons known or believed to have any ownership interest. The Board's staff may be contacted for assistance in describing adjudicated appropriations to be placed in contest, and the State Engineer's Office may be contacted for assistance in describing unadjudicated permits to appropriate water. The respective county records and all other readily available public records should be searched by the petitioner to obtain the names and addresses of the owners. As a minimum, the petition should reference the appropriations' names shown on the records of the Board and provide current ownership information. If the petitioner desires to use surplus water for standing, it must be clearly described in the petition how the standing is determined. The petition should be substantially in the form indicated below and must contain the following information:

(a) HEADING - Sufficiently describe and identify the appropriation(s) for which a declaration of abandonment is sought.

(b) OPENING STATEMENT - Identify the contestant(s), and show a mailing address, and give a general introduction.

(i) ITEM 1 - Show that the contestant(s) is the owner(s) of the appropriation for which standing is claimed. Identify the appropriation by the name of the original appropriator, the name of the ditch, the source of supply, the permit number, and the priority. Also describe the lands under the appropriation. Indicate that proof of ownership from the county clerk or other acceptable documentation accompanies the petition.

(ii) ITEM 2 - Set forth the present ownership and completely describe the appropriation for which a declaration of abandonment is sought, showing the name of the original appropriator, proof number, stream, ditch, permit number, and priority. State that proof of ownership from the county clerk or other acceptable documentation accompanies the petition.

(iii) ITEM 3 - State and fully describe the factual basis upon which the petitioner claims standing.

(iv) ITEM 4 - State that water has not been applied to beneficial use for at least five successive years last past when water was available for use. The five years need not to be consecutive if there were intervening years when water was not available. However, the specific five years at issue must be specified in the petition.

(v) ITEM 5 - State and fully describe how the petitioner's water right(s) will be benefited by the abandonment, or how the petitioner's water right(s) will be injured by the reactivation of the water right for which abandonment is sought.

(d) PRAYER - Follow the format set out in the sample petition in Appendix A of these Regulations and Instructions.

(e) If the petition seeks abandonment of only portions of an appropriation, the Board may require a map or maps be submitted. Where less than full 40-acre subdivisions are sought for abandonment, map(s) shall be submitted showing the situation as it currently exists on the ground, including a description of the portion of each 40-acre subdivision for which the water rights are sought to be abandoned.

(f) The division superintendent shall notify the holder of the water right(s) sought to be abandoned by certified mail that a hearing will be held. The hearing shall be conducted pursuant to all applicable provisions of the Wyoming Administrative Procedure Act. All notices shall advise interested parties of the time, place and purpose of the hearing. The parties initiating abandonment actions are designated as contestants. Water right holders or other persons with interest in the water right(s) sought to be abandoned are designated as contestees. Where notice by certified mail cannot be accomplished, an advertisement published once a week for three consecutive weeks in a newspaper of general circulation in the county in which the abandonment is alleged to have occurred, naming the parties in the case and setting the time, place and purpose of the hearing is sufficient. The costs of advertising shall be paid by the contestant.

(g) A transcript shall be made of the hearing and delivered to the superintendent via the Secretary of the Board. The contestants shall pay for the costs of establishing the record of the proceedings. At the conclusion of the hearing, a report of the division superintendent shall be transmitted to the Board by the division superintendent. As soon thereafter as may be possible, the Board shall vote to declare the water right(s) in question abandoned, either in whole or in part, or vote to deny the petition.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 18 Voluntary Abandonment

A voluntary abandonment of a water right is a deliberate relinquishment by its owner, which is accomplished by petition to the State Board of Control. The following information is required:

(a) HEADING - Sufficiently identify the appropriation to be voluntarily abandoned.

(b) OPENING STATEMENT - Identify the petitioner, and show a mailing address and give a general introduction.

(i) ITEM 1 - Show that the petitioner is the sole owner of the appropriation and the adjudicated lands of record, which are to be abandoned. Mention inclusion of proof of ownership from the county clerk or other acceptable documentation. Describe the appropriation in detail and show the name of the original appropriator, proof number, stream, ditch, permit number, and priority. Describe the lands of record by 40-acre subdivision under the appropriation.

(ii) ITEM 2 - State that water under the appropriation is not presently being applied to beneficial use upon the adjudicated lands and that it will not be diverted or used in the future. Provide a reason why this has taken place.

(d) PRAYER - Declare the intention to abandon the appropriation, and request a proper Order of the Board.

(e) No fees are required for a petition for voluntary abandonment.

(f) If the water right(s) to be voluntarily abandon concern only portions of any appropriation(s), the Board requires that a map or maps be submitted showing the location of the portion of each 40-acre subdivision for which water right(s) is sought to be abandoned (see sample petition in Appendix A of these Regulations and Instructions).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 19 Automatic Abandonment

In accordance with W.S. 41-3-107, water rights on irrigated lands inundated by reservoirs will be automatically abandoned after five years of completion of construction of the reservoir. Change of use or change of place of use of the inundated water right(s) may be pursued by proper petition filed within the five-year period.

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 20 Appeal from Endorsement

An appeal to the State Board of Control from an endorsement of the State Engineer on an application for permit to appropriate water or on a permit is authorized by W.S. 41-4-517. Such an appeal should include the following:

(a) HEADING - Identify the application or permit in question by the name of the proposed facility and by temporary filing number or permit number.

(b) OPENING STATEMENT - Identify the applicant and their mailing address and give a general introduction.

(i) ITEM 1 - State that an application was filed or a permit issued, and show the date of filing and name of the facility, and give the temporary filing number or permit number. Show the nature of the challenged endorsement and the reasons stated in the endorsement.

(ii) ITEM 2 - State the reasons for appeal.

(d) PRAYER - The prayer should ask for a hearing by the State Board of Control and a reversal or modification of the State Engineer's action (see sample appeal in Appendix A accompanying these Regulations and Instructions).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 21 Change of Location of Well

Authorization for this type of petition is found in W.S. 41-3-917. Petitions affecting adjudicated ground water rights or unadjudicated ground water rights where beneficial use has been received will follow the sample format as those for surface water rights with some exceptions based on what is requested by the petitioner. When a petition is submitted to the Board to change a well location, the board may request copies of all water production records for up to 5 years past or to the extent available. A change may be allowed for the amount of water the well is actually capable of producing, but not in excess of the adjudicated right. A condition of approval on any change of location of a well shall be that no injury will occur to any other appropriator. The new well location must be indicated in the records of the Board by a new survey tie certified to by a licensed professional engineer or professional land surveyor. A new map is not required except as may be necessary to show the new location. A new well located within 100 feet of the original adjudicated well may be described by non-certified distance and bearing from the original well. This information will be provided by the petitioner to the Board on the required Statement of Completion Form (U.W. 6) for the new relocated well. The old well shall be properly abandoned and re-sealed unless it's re-permitted for beneficial use. The following information is required:

(a) HEADING - Sufficiently identify the appropriation to be changed.

(b) OPENING STATEMENT - Identify the petitioner and their mailing address and give a general introduction.

(i) ITEM 1 - Show that the petitioner is the present owner of the ground water appropriation involved in the petition, and identify the proof of ownership being furnished with the petition.

(ii) ITEM 2 - Describe the appropriation listing the name of the well, permit number (or statement of claim or well registration number), proof number, Order Record Book and page number, Certificate Record Book and page, and priority date. If the appropriation is for irrigation, the irrigated acreage must be described.

(iii) ITEM 3 - Set forth the change that is desired by describing in detail both the location of the original well and the proposed new location of the well.

(iv) ITEM 4 - Describe the reason for the proposed change.

(v) ITEM 5 - Indicate that the new well will be in the same ground water basin and the same aquifer. The original well depth and the proposed depth of the new relocated well must be provided. If the well is in a ground water control area, note that the recommendation of the Control Area Advisory Board will be provided.

(vi) ITEM 6 - Maps are required in most instances. However, a letter certificate from a licensed professional engineer or professional land surveyor is sufficient, provided that the letter certificate indicates a tie, by distance and direction, has been made to the new site. A new well location within 100 feet of the original adjudicated well may be described by non- certified distance and bearing from the original well. This information will be provided by the petitioner to the Board on the required Statement of Completion Form (U.W. 6) for the relocated well. A correction can then be added to the proof of beneficial use of ground water map in the Board's records.

(vii) ITEM 7- No fees are required for a petition for change of location of a well.

(viii) ITEM 8 - Unless re-permitted for another use, state that the old well will be properly abandoned and sealed in accordance with the State Engineer's Regulations and Instructions. Abandonment and sealing of the old well will be completed within one year of the completion of the relocated new well and a Statement of Completion Form (U.W. 6) will be filed with the Board providing the details of abandonment and sealing.

(ix) ITEM 9 - A Statement of Completion Form (U.W. 6) will be submitted to the Board within thirty days after completion of the new well.

(d) PRAYER - State specifically what is desired to be accomplished by the petition (see sample petition in Appendix A accompanying these Regulations and Instructions).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 22 Temporary Changes of Point of Diversion or Point of Withdrawal

The division superintendents are authorized to issue temporary changes of points of diversion or changes of location for ground water wells for short periods of time up to a maximum of one water use season. The affected surface or ground water right must be a valid appropriation. If a well is located in a ground water control area, the division superintendent may approve the temporary change. For these wells, prior to approving a permanent change of well location, the Board will obtain the recommendation of the control area advisory board. The approval for a temporary change shall not be given if the change would result in injury to any other appropriator. The approval of the temporary change does not guarantee that the State Board of Control will approve a permanent change. If a permanent change is to be requested, a proper petition must be filed with the Board within one (1) calendar year from the date of issuance. A request for a temporary change shall be made on the appropriate form and approved in writing by the appropriate division superintendent. No increase in water use by a temporary change shall be allowed. The division superintendent will forward copies of all temporary change requests and approvals to the Board's Cheyenne office (see sample form in Appendix A accompanying these Regulations and Instructions).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 23 Rotation of Water Use

A rotation of water use does not require a petition to the State Board of Control. This section merely explains the Board's policy and establishes a uniform practice.

(a) When the source of supply is under priority administration and the owner or owners of two or more water rights can achieve greater efficiencies of use by rotating applications of the total supply available to several different water rights, they are allowed to do so under authority of W.S. 41-3-612, and according to the following conditions:

(i) All appropriations involved must be in priority and entitled to water during the entire rotation period;

(ii) An actual rotation of water use for the lands under each appropriation is required, and each rotation period will not exceed ten days unless a longer period is agreed to by the hydrographer commissioner or water commissioner.

(iii) The proposed rotation must not result in injury to any other appropriators;

(iv) The rotation proposed is limited to one season;

(v) A "Notice of Intention to Rotate" must be filed with the appropriate hydrographer commissioner or water commissioner on a form provided for that purpose by the hydrographer commissioner or water commissioner;

(vi) Written approval to the proposed rotation must be obtained from the appropriate hydrographer commissioner or water commissioner prior to commencement of any rotation and such approval shall be endorsed on the rotation form.

(b) Requests to rotate must be delivered to the appropriate hydrographer commissioner or water commissioner on a facsimile of the appropriate form or in some other written form acceptable to the hydrographer commissioner or water commissioner which provides the same information (see sample form in Appendix A accompanying these Regulations and Instructions).

History

Effective 2026-09-03

Wyo. Code R. 037.0007.5.09032026 § 24 Request for Regulation

Any holder of a water right may request that the source of supply for their water rights be regulated by the state water administrators as authorized by law and in accordance with established priorities (see W.S. 41-3-503, W.S. 41-3-504, W.S. 41-3-604 and W.S. 41-3- 111). Requests for regulation shall be in writing. An appropriate form may be used, or a letter which contains essentially the same information may also be used (see sample form in Appendix A accompanying these Regulations and Instructions).

History

Effective 2026-09-03

Chapter 6 Contested Case Procedures

Wyo. Code R. 037.0007.6.09032026 Contested Case Procedures

Chapter 6

CONTESTED CASE PROCEDURE

Section 1. Controlling Statutes. In any action before the Board wherein the State or any other party appears in an adverse position against the petitioner, or wherein the petitioner's legal rights, duties or privileges are required by law to be determined by the Board after an opportunity for hearing, the matter is conducted as a contested case pursuant to the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115. The specific statute or statutes for the type of petition involved may also require that certain procedures be followed.

Section 2. Additional Definitions. In addition to the terms used in the Wyoming Administrative Procedure Act, W.S. 16-3-101 through 16-3-115, and the definitions given in Chapter 2 of these regulations, the following definitions apply to contested cases before the Board:

(a) "Contestant" means any party who initiates a contest against any petition or proof filed with the Board for its decision, or who seeks to have a water right declared abandoned.

(b) "Contestee" means the holder of a water right against which abandonment proceedings have been initiated or a party who has filed a petition or proof with the Board which is being opposed or contested (the term "petitioner" may also be used if no confusion results).

(c) "Hearing Officer" means whoever is designated by statute or by the Board as the person to preside over a contested case proceedings.

Section 3. Notice and Service.

(a) Notice and service on all contested cases shall be given in accordance with W.S. 16-3-107. A contested case may be initiated by objecting to a proof of appropriation or construction, by the filing of an abandonment action, or by objections raised to a proposed change of use or change in point of diversion, etc. In cases where the Board is required to hold a hearing in determining the extent of an appropriator's water rights without any adverse party being present, contested case procedures as to notice and service shall be observed by the Board and by all persons who appear as parties.

(b) In a contested case, other than an action seeking declaration of an involuntary abandonment, any person whom the Board knows to have an interest in the matter shall be given notice of the proceedings by acknowledged personal service or by certified mail. If personal service is utilized, it shall be made by the superintendent or by the hydrographer commissioner or water commissioner and acceptance shall be by endorsement on the copy which is retained by the superintendent. For any unknown persons who may have an interest in the matter and those known persons where notice by certified mail cannot be accomplished, notice by one (1) publication in a newspaper of general circulation in the county where the appropriation involved is situated is sufficient.

(c) If at least twenty (20) known persons require notice of the proceeding under subsection (b), the Board may, in lieu of requiring notice by certified mail under subsection (b), allow the petitioner to provide notice of the proceeding by regular mail and publication. Notice by publication under this subsection (c) shall be accomplished by publishing notice for two (2) consecutive weeks in a newspaper of general circulation in the county where the appropriation involved is situated.

(d) Notice by certified or regular mail under subsections (b) and (c) shall be provided not less than thirty (30) nor more than sixty (60) days before the date of the hearing. The last date of any publication under subsections (b) and (c) shall occur not less than ten (10) days and not more than thirty (30) days prior to the hearing. Any publication shall name the party requesting the change and set forth the time and place of the initial hearing.

(e) In accordance with Chapter 5, Section 7(b), or upon commencement of any contested case pursuant to this Chapter, the hearing officer shall hold an initial hearing for the purpose of taking appearances and scheduling the contested case. The date and place of this initial hearing shall be fixed by the hearing officer and provided in any notice under this Section.

(f) After all persons wishing to appear as parties have made themselves known at the initial hearing, further notice and service of all motions or pleadings may be made personally at the hearing, or, as ordered by the hearing officer, by first-class mail or electronic mail to the addresses given by the parties. The hearing officer may give personal notice to any party at a hearing in any manner so long as the fact of service is documented in the record of the proceedings. The record of the proceedings must be documented in some fashion, such as by transcript notation, recording or letter copy.

(g) Proofs of certified or regular mailings made under this Section, whether made by the Board or by any party, shall be made part of the record. Affidavits of publication and notice by regular mail shall likewise be made a part of the record.

(h) The moving party, whether contestant or contestee, shall be responsible for paying publication charges and may be assessed for the Board's mailing costs connected with contested case proceedings.

(i) In an action for involuntary abandonment of water rights, the following shall apply:

(i) The petitioner (contestant) shall search all readily available public records to identify all persons who may have any interest in the appropriation or appropriations for which the declaration of abandonment is sought. A list of such persons with their mailing addresses and respective land ownership interests shall be filed in the Board's Cheyenne office with the petition for declaration for abandonment.

(ii) Within three business days, the Board's staff shall determine if the petition and accompanying list of affected persons appear to be complete. If so determined, the Board's staff shall, by the end of the third day, send a copy of the petition by certified mail to all persons believed by the petitioner or Board's staff to have any interest in the matter. The action on the petition for declaration of abandonment shall be deemed as having commenced at the close of business on the day the petition was filed.

(iii) If the Board's staff determines that the petition and supporting documents are inadequate to give notice to all persons believed to have an interest in the matter, or in any other particular, the original papers filed in the Board's Cheyenne office shall be returned to the petitioner by the end of the third by certified mail with a letter explaining any noted deficiency. A copy of the petition and supporting documents shall be kept for record purposes, but no action shall be deemed to have commenced as a result of the filing of a deficient petition for declaration of abandonment. However, there shall be no restriction of the correction and refiling of a deficient petition.

(iv) Notice and service of the hearing shall be pursuant to W.S. 41-3-401 and Chapter 5, Section 17(f) of these Regulations.

(j) Each party in any contested case is required to keep the hearing officer and all other parties informed of his current mailing address or email address and telephone number or that of his authorized attorney.

Section 4. Pleadings. Except as required by statute for the action initiated, and as stated in the notice of hearing or otherwise required by the hearing officer, formal pleadings are not mandatory. However, each party in a contested case proceedings is advised to make his or her position known in writing so that the issues of fact and law can be clearly defined. All documents in the nature of pleadings which are filed with the Board or given to the hearing officer are deemed to be verified or sworn statements and must be personally signed by the party for whom they are submitted or by its attorney.

Section 5. Docket File. The official docket file for a contested case shall be maintained by the Board's Cheyenne office. All notices, pleadings, motions, transcripts, reports, documents, maps, and any other papers or evidence of any kind pertaining to a contested case proceeding shall be systematically filed in the docket file. When complete, the docket file shall constitute the record of the proceedings. Official filings shall not be made with any other person other than the Secretary and/or adjudication officer or other designated Board employee in Cheyenne. Original documents, etc., which pertain to a contested case that come into the possession of any Board officer or employee shall be forwarded to the Adjudication Officer in Cheyenne. When appropriate, duplicate copies should be provided to the division superintendent or other person designated as the hearing officer. The hearing officer may obtain or retain possession of all or part of the official docket file during the conduct of the hearing. The official docket file may be kept in hard copy or electronic format, so long that no electronic document is altered after its submission into the official file.

Section 6. Appearances.

(a) Appearance or representation of parties may be made as follows:

(i) An individual may appear and be heard on his or her own behalf;

(ii) A partnership may appear and be represented by a partner;

(iii) A corporation may appear and be represented by an executive corporate officer, a managing employee, or other duly authorized agent;

(iv) A municipal corporation or government agency may appear and be represented by an officer, a member of its governing body, or a duly authorized employee;

(v) An unincorporated association may appear and be represented by any bona fide general officer or full time employee authorized to represent the membership of the association;

(vi) Any party may appear and be represented by an attorney at law admitted to active practice in Wyoming. An attorney admitted to practice in another state must associate with local counsel and move the hearing officer to allow his or her appearance.

(vii) In unusual circumstances, the hearing officer may allow representation by other persons upon request.

(b) The filing of a pleading by an attorney constitutes an appearance for the party he or she represents.

Section 7. Hearing Officer.

(a) In addition to such other duties as may be imposed by law, the hearing officer shall:

(i) Issue Subpoenas;

(ii) Supervise the taking of depositions and other discovery as allowed by W.S. 16-3-107(g) and (h);

(iii) Conduct pre-hearing conferences as he or she deems necessary;

(iv) Arrange for attendance at the hearing of a certified court reporter and ensure that the hearing room is available as scheduled;

(v) Officially open and close the hearing;

(vi) Administer oaths and affirmations;

(vii) Preside over the hearing and control the course of the proceedings;

(viii) Rule upon offers of proof and receive into the record of the case all competent evidence relevant to the issues;

(ix) Rule upon or otherwise dispose of all procedural motions and requests;

(x) Prepare a recommended decision for consideration by the full Board at its next regularly scheduled meeting if so requested by the Board.

(b) In performing his or her duties, the hearing officer may be assisted, in regard to procedural or legal questions, by the Attorney General, and by the adjudication officer in regard to the Board's books and records maintained in its Cheyenne office. Additionally, the hearing officer may allow or direct other State employees and officials to assist in the preparation of evidence. For example, State Engineer employees or ground water control advisory board members may be asked to advise the hearing officer as to technical facts. They may question witnesses as directed by the hearing officer. They may also be asked questions by other parties. Their recommendations may be requested in either written or oral form. However, testimony shall always be given under oath and in a hearing.

(c) Preferably, the hearing officer will be addressed by names or titles such as "Mr. Examiner" or "The Hearing Officer."

Section 8. Rules of Procedure. To the extent applicable, the Wyoming Rules of Civil Procedure will guide the conduct at a contested case hearing. These proceedings are being conducted before an administrative body and not a court; thus, the technical rules of evidence do not apply (see W.S. 16-3-108).

Section 9. Official Notice. In any contested case proceedings, the hearing officer or the Board members may take notice of maps, documents, or other papers in the docket file, which have been brought to the attention of the parties. Official notice may also be taken of all information, data, and the material included within the books and records of the State Engineer and the State Board of Control. The Board may also make on-the-ground inspections. If official notice is to be taken of any information, data, or material not previously made available to the parties, or if a field inspection is relied upon, the parties shall be given notice and an opportunity to present rebuttal evidence (see W.S. 16-3-108[d]).

Section 10. Discovery Procedures. Limited discovery procedures are available to the parties as provided by W.S. 16- 3-107(g) and (h). In advance of a hearing, any party may request that the other parties name their witnesses, state the nature of their intended testimony, or make the witnesses available for deposition. A request also may be made that documents, exhibits, etc., be produced for examination. Discovery and disclosure may be voluntary or as directed by the hearing officer or President of the Board as authorized by law.

Section 11. Subpoenas. As authorized by W.S. 16-3-107(d), the hearing officer, upon written request of a party, may issue subpoenas to compel the appearance of witnesses or the production of books, papers or other documents relevant or material to the inquiry. Upon authorization by the hearing officer or by the President of the Board, any voting member of the Board, the Secretary, and/or adjudication officer may issue subpoenas in contested case proceedings. However, subpoenas are usually prepared by the attorneys for the parties and submitted to the hearing officer for signature.

Section 12. Motions. It shall be within the discretion of the hearing officer as to how to dispose of all procedural motions in a contested case. Motions for continuance shall be granted only if good cause is shown. Motions which go to the merits of a case shall be decided only by the full Board.

Section 13. Pre-hearing Conference.

(a) At any time prior to the hearing, the hearing officer may direct the parties to consider:

(i) Simplification of the issues;

(ii) The necessity or desirability of amending the pleadings;

(iii) The possibility of obtaining admissions of fact and stipulations as to expert qualifications and authenticity of documents which can avoid unnecessary proof;

(iv) Such other matters as may aid in the disposition of the case.

(b) The pre-hearing conference may be conducted in person or by telephone conference call.

(c) At the conclusion of a pre-hearing conference, the hearing officer shall cause to be prepared a pre-hearing order reciting the matters discussed and the agreements reached among the parties. This order shall control the subsequent course of the hearing unless modified by the hearing officer to prevent manifest injustice.

Section 14. Disposition by Stipulation. Any contested case may be partially or finally disposed of by stipulation of the parties provided the Board also gives its approval. An appropriate order reflecting the terms of the stipulation will be entered in the Order Record at the conclusion of the proceedings.

Section 15. Default. In a case where a contest has been initiated, or a protest entered, and the party initiating the protest or entering the objection fails to appear at the hearing without good cause, the proceeding may be dismissed. A failure of any party in a contested case to appear at the hearing without good cause may allow the Board to decide all issues adversely against the party not present. In any event, the matter will be brought before the Board at its next regularly scheduled meeting for consideration and appropriate action.

Section 16. Full Board Hearing. Any matter which must be decided by the State Board of Control may at its discretion be heard by the full Board. A party in a contested case proceedings may make a request for a full Board hearing to the Secretary of the Board or the hearing officer. Any request for a full Board hearing will be communicated to the President of the Board for his or her consideration and decision, which is to be made in consultation with the other Board members. The party or parties requesting a full Board hearing shall make payment to the Secretary of the Board in an amount sufficient to cover all expenses, including travel expenses, for the Board members and necessary staff.

Section 17. Hearing Procedure. As nearly as may be practicable, contested case hearings shall be conducted as outlined below:

(a) The hearing officer will announce that the hearing is called to order and state the case docket number, nature of the proceedings, and official title of the action.

(b) The appearance of all parties appearing at the hearing will be taken and recorded.

(c) The hearing officer will briefly review the allegations in any pleadings, state the position of the parties, and describe any evidence which has previously been presented.

(d) All pending motions will be disposed of then or later.

(e) Opening statements may be made in the following order by each party for the purpose of explaining their position and the evidence they intend to offer:

(i) The petitioner for the action involved, whether the petitioner be contestant or contestee;

(ii) The party or parties objecting, responding or defending, whether they be contestant or contestee;

(iii) Interveners whose appearances have been accepted;

(iv) The State Engineer or any other Wyoming official or agency representative.

(f) Each party will then present its evidence in the order stated in subsection "e" above. Cross examination will be allowed to every other party. The hearing officer, Board members, or the Board's legal advisor may also examine any witness. Exhibits will be marked as directed by the hearing officer. A party may appear as his or her own witness and give evidence in the form of testimony provided that they are sworn to tell the truth and may be cross examined by the other parties.

(g) The petitioning party may then offer rebuttal evidence, and the other parties may cross examine.

(h) The hearing officer will recall any witness which he or she or a Board member wishes to examine further.

(i) Closing statements will then be allowed to each party in the order stated in subsection (e) above.

(j) At appropriate times throughout the hearing, or at its conclusion, the hearing officer will announce any intentions on the part of the Board to take official notice.

(k) The hearing officer may recess or continue the hearing as he deems appropriate to the circumstances.

(l) The hearing officer may allow testimony and evidence to be presented out of order.

(m) Witnesses will be excused when their testimony has been concluded and there is no reason for them to remain present.

(n) The parties may provide written briefs or memoranda at any time, or the hearing officer may call for whatever briefs he or she believes may be desirable.

(o) After all interested parties have been offered an opportunity to be heard, the hearing officer will declare the evidence closed and excuse all witnesses not previously excused.

(p) When the taking of evidence is closed, the hearing officer will allow the parties an opportunity to check that the reporter has in his or her possession or control all exhibits, reports, and other items of evidence accepted as part of the record.

(q) At the conclusion of a contested case hearing, the hearing officer will announce that the evidence is being taken under advisement by the State Board of Control and that its findings of fact, conclusions of law and order will be released at its next regularly scheduled meeting or as soon thereafter as may be possible. A further announcement will be made that the Board's decision shall be recorded in the Board's Order Record kept in its office in Cheyenne, and that a copy shall be served upon each party or their attorney by delivering a copy to that party or by mailing it to the last known address.

(r) It should be noted that before a final order has been entered in the Order Record, the evidence in a contested case proceeding may be reopened for good cause shown upon order of the State Board of Control.

Section 18. Witnesses.

(a) Any witness summoned before the State Board of Control is entitled to receive the same fee as if he or she were appearing in a district court of the State of Wyoming. Witness fees are to be paid by the party at whose insistence the witness' testimony is given. Witness fees are not required for state water officials who appear as witnesses in their official capacities.

(b) Any person who is to testify at a Board hearing in a contested case shall stand and be given the following oath or something substantially similar by the hearing officer:

DO YOU AFFIRM THAT THE TESTIMONY YOU ARE ABOUT TO GIVE IN THE MATTER NOW IN HEARING BEFORE THE STATE BOARD OF CONTROL SHALL BE THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?

Section 19. Hearing Record.

(a) In all contested cases heard by the State Board of Control, the oral testimony of witnesses shall be recorded by a certified court reporter. Except as may be otherwise provided by the statute(s) for the particular petition involved in the proceedings, the petitioner shall pay the reporter's fees and any other incidental costs of preparing the hearing record.

(b) An original and one copy of the hearing transcript shall be provided to the Secretary of the Board. The parties to a contested case proceeding may purchase additional copies for themselves by contacting the reporter.

Section 20. Decision.

(a) In all contested cases, the Board's decision shall be based upon the record of the proceedings.

(b) After a case has been decided by the Board, the Secretary of the Board shall cause to be prepared a written decision containing findings of fact, conclusions of law, and an order. The final written decision shall be approved by all Board members who voted on the matter before it is entered in the Order Record. The Board's Order shall become its final administrative action when signed and entered in the Order Record. The Secretary of the Board shall cause a copy of the Board's decision to be served to all parties or their attorneys by delivering a copy to that party or by mailing it to the last known address. Pursuant to Wyoming Rules of Appellate Procedure Rule 14.01, service by mail is complete upon mailing.

History

Effective 2026-09-03

Chapter 7 Appeals and District Court Certification

Wyo. Code R. 037.0007.7.01132005 § 1 Judicial Review

Any final decision and order of the State Board of Control may be appealed to the district court for the county wherein the original action arose. Judicial review is authorized by W.S. 16-3-114, and is governed by the Wyoming Rules of Appellate Procedure as most recently amended by the Supreme Court of Wyoming. An appeal may not be initiated until after the Board's order has been entered in the Order Record.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.7.01132005 § 2 Concurrent and Primary Jurisdiction

At times the State Board of Control and the district court may have concurrent jurisdiction to hear a matter in controversy. Where a water right matter is involved, the Board's jurisdiction may be primary, or the district court judge may decide that the Board is better qualified to hear the case. When a civil action is filed in the district court but the judge decides that the Board should make the factual determinations, the Board shall hear and decide all matters certified to it by the district court as if the matter had come before the Board in the first instance. If the judge's instructions to the Board so require, the Board's decision shall be re-certified back to the district court for its review. If the instructions do not require the Board to make a report, judicial review of the Board's decision is authorized under W.S. 16-3-114.

History

Effective 2005-01-13

Wyo. Code R. 037.0007.7.01132005 § 3 Certification to the District Court

Upon an affirmative vote of the Board, it may certify a question to the district court to resolve a matter which is outside of the Board's jurisdiction, but which must be resolved in order for the Board to make a decision regarding a petition or other proper business. A question to be certified to the district court shall be signed or attested to by the Secretary of the Board over the Seal of the Board.

History

Effective 2005-01-13

57 Engineers & Land Surveyors, Professional Licensing

Chapter 0 Appendix B

Wyo. Code R. 037.0001.0.03082000 Appendix B

APPENDIX B

CODE OF ETHICS FOR LAND SURVEYORS

As surveying and mapping professionals, we recognize that our ethical responsibilities extend to the public, to our clients, and to our peers. Accordingly, we acknowledge the following elements to identify our basic values; integrity, competence, and social awareness. Surveying and mapping professionals uphold and advance these values by:

(i) Supporting and participating in the continuing development of the surveying and mapping professions:

(ii) Serving with honest, with forthrightness, and within their areas of skill;

(iii) Using their expertise for the enhancement of human welfare and for the stewardship of resources.

CREED:

As a professional surveyor, I dedicate my professional knowledge and skills to the advancement and betterment of human welfare. I pledge to give the utmost performance, to participate in none but honest enterprise; to live and work according to the laws of humankind and to the highest standards of professional conduct; to place service before profit, honor and standing of the profession before personal advantage, and the public welfare above all other considerations.

CANONS:

In humility and with the need for divine guidance, I make this pledge; A professional surveyor should:

(1) Refrain from conduct that is detrimental to the public;

(2) Abide by the rules and regulations pertaining to the practice of surveying within the licensing jurisdiction;

(3) Accept assignments only in one's area of professional competence;

(4) Develop and communicate a professional analysis and opinion without bias or personal interests;

(5) Maintain the confidential nature of the surveyor-client relationship:

(6) Use care to avoid advertising or solicitation that is misleading or otherwise contrary to the public interest;

(7) Maintain professional integrity when dealing with members of other professions.

BASED UPON THE ACSM, March 1997

History

Effective 2000-03-08

Chapter 0 Appendix A

Wyo. Code R. 037.0001.0.03111996 Appendix A

APPENDIX A

CODE OF ETHICS FOR ENGINEERS

PREAMBLE

Engineering is an important and learned profession. The members of the profession recognize that their work has a direct and vital impact on the quality of life for all people. Accordingly, the services provided by engineers require honesty, impartiality, fairness and equity, and must be dedicated to the protection of the public health, safety and welfare. In the practice of their profession, engineers must perform under a standard of professional behavior which requires adherence to the highest principles of ethical conduct on behalf of the public, clients, employers and the profession.

I. Fundamental Canons

Engineers, in the fulfillment of their professional duties, shall:

1. Hold paramount the safety, health and welfare of the public in the performance of their professional duties.

2. Perform services only in areas of their competence.

3. Issue public statements only in an objective and truthful manner.

4. Act in professional matters for each employer or client as faithful agents or trustees.

5. Avoid improper solicitation of professional employment.

II. Rules of Practice

1. Engineers shall hold paramount the safety, health and welfare of the public in the performance of their professional duties.

a. Engineers shall at all times recognize that their primary obligation is to protect the safety, health, property and welfare of the public. If their professional judgment is overruled under circumstances where the safety, health, property or welfare of the public are endangered, they shall notify their employer or client and such other authority as may be appropriate.

b. Engineers shall approve only those engineering documents which are safe for public health, property and welfare in conformity with accepted standards.

c. Engineers shall not reveal facts, data or information obtained in a professional capacity without the prior consent of the client or employer except as authorized or required by law or this Code.

d. Engineers shall not permit the use of their name or firm name nor associate in business ventures with any person or firm which they have reason to believe is engaging in fraudulent or dishonest business or professional practices.

e. Engineers having knowledge of any alleged violation of this Code shall cooperate with the proper authorities in furnishing such information or assistance as may be required.

2. Engineers shall perform services only in the areas of their competence:

a. Engineers shall undertake assignments only when qualified by education or experience in the specific technical fields;

b. Engineers shall not affix their signatures to any plans or documents dealing with subject matter in which they lack competence, nor to any plan or document not prepared under their direction and control;

c. Engineers may accept assignments and assume responsibility for coordination of an entire project and sign and seal the engineering documents for the entire project, provided that each technical segment is signed and sealed only by the qualified engineers who prepared the segment.

3. Engineers shall issue public statements only in an objective and truthful manner.

a. Engineers shall be objective and truthful in professional reports, statements or testimony. They shall include all relevant and pertinent information in such reports, statements or testimony.

b. Engineers may express publicly a professional opinion on technical subjects only when that opinion is founded upon adequate knowledge of the facts and competence in the subject matter.

c. Engineers shall issue no statements, criticisms or arguments on technical matters which are inspired or paid for by interested parties, unless they have prefaced their comments by explicitly identifying the interested parties on whose behalf they are speaking, and by revealing the existence of any interest the engineers may have in the matters.

4. Engineers shall act in professional matters for each employer or client as faithful agents or trustees.

a. Engineers shall disclose all known or potential conflicts of interest to their employers or clients by promptly informing them of any business association, interest, or other circumstances which could influence or appear to influence their judgment or the quality of their services.

b. Engineers shall not accept compensation, financial or otherwise, from more than one party for services on the same project, or for services pertaining to the same project, unless the circumstances are fully disclosed to, and agreed to, by all interested parties.

c. Engineers shall not solicit or accept financial or other valuable consideration, directly or indirectly, from contractors, their agents, or other parties in connection with work for employers or clients for which they are responsible.

d. Engineers in public service as members, advisors or employees of a governmental body or department shall not participate in decisions with respect to professional services solicited or provided by them or their organizations in private or public engineering practice.

e. Engineers shall not solicit or accept a professional contract from a governmental body on which a principal or officer of their organization serves as a member, except after public disclosure of all pertinent facts and circumstances, and consent of appropriate public authority.

5. Engineers shall avoid improper solicitation of professional employment.

a. Engineers shall not falsify or permit misrepresentation of their, or their associates' academic or professional qualifications. They shall not misrepresent or exaggerate their degree of responsibility in or for the subject matter of prior assignments. Brochures or other presentations incident to the solicitation of employment shall not misrepresent pertinent facts concerning employers, employees, associates, joint venturers or past accomplishments with the intent and purpose of enhancing their qualifications and their work.

b. Engineers shall not offer, give, solicit or receive, either directly or indirectly, any political contribution in an amount intended to influence the award of a contract by public authority, or which may be reasonably construed by the public of having the effect or intent to influence the award of a contract. They shall not offer any gift, or other valuable consideration in order to secure work. They shall not pay a commission, percentage or brokerage fee in order to secure work except to a bona fide employee or bona fide established commercial or marketing agencies retained by them.

III. Professional Obligations

1. Engineers shall be guided in all their professional relations by the highest standards of integrity.

a. Engineers shall admit and accept their own errors when proven wrong and refrain from distorting or altering the facts in an attempt to justify their decisions.

b. Engineers shall advise their clients or employers when they believe a project will not be successful.

c. Engineers shall not accept outside employment to the detriment of their regular work or interest. Before accepting any outside employment they will notify their employers.

d. Engineers shall not attempt to attract an engineer from another employer by false or misleading pretenses.

e. Engineers shall not actively participate in strikes, picket lines, or other collective coercive action.

f. Engineers shall avoid any act tending to promote their own interest at the expense of the dignity and integrity of the profession.

2. Engineers shall at all times strive to serve the public interest.

a. Engineers shall seek opportunities to be of constructive service in civic affairs and work for the advancement of the safety, health and well-being of their community.

b. Engineers shall not complete, sign, or seal plans and/or specifications that are not of a design safe to the public health and welfare and in conformity with accepted engineering standards. If the client or employer insists on such unprofessional conduct, they shall notify the proper authorities and withdraw from further service on the project.

c. Engineers shall endeavor to extend public knowledge and appreciation of engineering and its achievements and to protect the engineering profession from misrepresentation and misunderstanding.

3. Engineers shall avoid all conduct or practice which is likely to discredit the profession or deceive the public.

a. Engineers shall avoid the use of statements containing a material misrepresentation of fact or omitting a material fact necessary to keep statements from being misleading; statements intended or likely to create an unjustified expectation; statements containing prediction of future success; statements containing an opinion as to the quality of the Engineers' services; or statements intended or likely to attract clients by the use of showmanship, puffery, or self-laudation, including the use of slogans, jingles, or sensational language or format.

b. Consistent with the foregoing, Engineers may advertise for recruitment of personnel.

c. Consistent with the foregoing, Engineers may prepare articles for the lay or technical press, but such articles shall not imply credit to the author for work performed by others.

4. Engineers shall not disclose confidential information concerning the business affairs or technical processes of any present or former client or employer without his consent.

a. Engineers in the employ of others shall not without the consent of all interest parties enter promotional efforts or negotiations for work or make arrangements for other employment as a principal or to practice in connection with a specific project for which the Engineer has gained particular and specialized knowledge.

b. Engineers shall not, without the consent of all interest parties, participate in or represent an adversary interest in connection with a specific project or proceeding in which the Engineer has gained particular specialized knowledge on behalf of a former client or employer.

5. Engineers shall not be influenced in their professional duties by conflicting interests.

a. Engineers shall not accept financial or other considerations, including free engineering designs, from material or equipment suppliers for specifying their product.

b. Engineers shall not accept commissions or allowances, directly or indirectly, from contractors or other parties dealing with clients or employers of the engineer in connection with work for which the Engineer is responsible.

6. Engineers shall uphold the principle of appropriate and adequate compensation for those engaged in engineering work.

a. Engineers shall not accept remuneration from either an employee or employment agency for giving employment.

b. Engineers, when employing other engineers, shall offer a salary according to professional qualifications and the recognized standards in the particular geographical area.

7. Engineers shall not compete unfairly with other engineers by attempting to obtain employment or advancement or professional engagements by taking advantage of a salaried position, by criticizing other engineers, or by other improper or questionable methods.

a. Engineers shall not request, propose, or accept a professional commission on a contingent basis under circumstances in which their professional judgment may be compromised.

b. Engineers in salaried positions shall accept part-time engineering work only at salaries not less than that recognized as standard in the area.

c. Engineers shall not use equipment, supplies, laboratory, or office facilities of an employer to carry on outside private practice without consent.

8. Engineers shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation, prospects, practice or employment of other engineers, nor indiscriminately criticize other engineers' work. Engineers who believe others are guilty of unethical or illegal practice shall present such information to the proper authority for action.

a. Engineers in private practice shall not review the work of another engineer for the same client, except with the knowledge of such engineer, or unless the connection of such engineer with the work has been terminated.

b. Engineers in governmental, industrial or educational employ are entitled to review and evaluate the work of other engineers when so required by their employment duties.

c. Engineers in sales or industrial employ are entitled to make engineering comparisons of represented products with products of other suppliers.

9. Engineers shall accept responsibility for their professional activities; provided, however, that Engineers may seek indemnification for professional services arising out of their practice for other than gross negligence, where the Engineer's interests cannot otherwise be protected.

a. Engineers shall conform with state registration laws in the practice of engineering.

b. Engineers shall not use association with a nonengineer, a corporation, or partnership, as a "cloak" for unethical acts, but must accept personal responsibility for all professional acts.

10. Engineers shall give credit for engineering work to those to whom credit is due, and will recognize the proprietary interests of others.

a. Engineers shall, whenever possible, name the person or persons who may be individually responsible for designs, inventions, writings, or other accomplishments.

b. Engineers using designs supplied by a client recognize that the designs remain the property of the client and may not be duplicated by the Engineer for others without express permission.

c. Engineers, before undertaking work for others in connection with which the Engineer may make improvements, plans, designs, inventions, or other records which may justify copyrights or patents, should enter into a positive agreement regarding ownership.

d. Engineers' designs, data, records, and notes referring exclusively to an employer's work are the employer's property.

11. Engineers shall cooperate in extending the effectiveness of the profession by interchanging information and experience with other engineers and students, and will endeavor to provide opportunity for the professional development and advancement of engineers under their supervision.

a. Engineers shall encourage engineering employees' efforts to improve their education.

b. Engineers shall encourage engineering employees to attend and present papers at professional and technical society meetings.

c. Engineers shall urge engineering employees to become registered at the earliest possible date.

d. Engineers shall assign a professional engineer duties of a nature to utilize full training and experience, insofar as possible, and delegate lesser functions to subprofessionals or to technicians.

e. Engineers shall provide a prospective engineering employee with complete information on working conditions and proposed status of employment, and after employment will keep employees informed of any changes.

BASED UPON THE NSPE Publication No. 2306 As revised, August 1986

History

Effective 1996-03-11

Chapter 1 General Provisions

Wyo. Code R. 037.0001.1.12032025 § 1 Authority

The Wyoming Board of Professional Engineers and Professional Land Surveyors, hereinafter called the "Board" is created by Wyoming Statutes 33-29-201 through 33-29-801 (the Act). Pursuant to W.S. 33-29-305(a)(i) and (ii), the Board may from time to time adopt such rules and regulations consistent with the laws of the State of Wyoming as may be deemed necessary to enforce the Act.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.1.12032025 § 2 Definitions

(a) "A background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying;" means the licensee or applicant:

(i) Has not been convicted of any crime that is related to the ability to practice engineering or land surveying within five (5) years of submitting an application for a license or certificate;

(ii) Is not currently incarcerated in a penal institution;

(iii) Has not engaged in fraud or misrepresentation negatively reflecting upon the licensee's or applicant's ability to practice professional engineering or land surveying;

(iv) If previously licensed in this state, another state, or foreign country, has not had his/her license canceled, revoked, suspended, restricted or not renewed for cause within five (5) years of applying for a license or certificate;

(v) Has not been found to have been practicing professional engineering or land surveying without a license by a court or licensing board of this or any other jurisdiction within two (2) years of submitting the application for a license or certificate;

(vi) Has fully complied with all terms of any sentence or order of probation and has been discharged from probation or parole.

(b) "ABET" is a nationally recognized accreditation agency for engineering and surveying. Information about ABET can be found at www.abet.org.

(d) "ABET/ETAC" means the Engineering Technology Accreditation Commission of ABET.

(e) "ABET/ANSAC" means the Applied and Natural Science Accreditation Commission of ABET.

(f) "Applicant" means:

(i) A person seeking licensure or certification;

(ii) A business entity seeking registration or registration renewal; or

(iii) A Licensee or former Licensee seeking licensure by renewal, relicensure, reactivation, restoration, or reinstatement.

(g) "ARC" means Application Review Committee.

(h) "Audit Committee" means CPC Audit Committee.

(i) "CEU" means continuing education unit. A CEU is a unit of credit customarily used for continuing education courses. One CEU equals ten (10) contact hours of class in a continuing education course.

(j) "College/Unit Semester/Quarter Hour" means credit for an ABET/EAC approved course or other related college course meeting the requirements of paragraph (i) of this section.

(k) "Course/Activity" means any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the Licensee's field of practice.

(l) "CPC" means a continuing professional competency unit. A CPC unit is a contact hour, defined as fifty minutes of instruction or presentation. A CPC is the common denominator for other units of credit.

(m) "Direct supervision" means direct control and personal supervision of engineering work or land surveying work.

(n) "Dual Licensee" means a person who is licensed as both a professional engineer and a professional land surveyor.

(o) "Education Outreach" means any activity involving encouragement of K-12 or higher education students to enter the profession.

(p) "Examinee" means an Applicant that is required to take an examination.

(q) "Gross negligence" means a substantial or habitual deviation in professional practice from the standard of professional care exercised by members of the licensee's profession, or a substantial or habitual deviation from any technical standards issued by a nationally and/or state recognized professional organization comprised of members of the licensee's profession, or a substantial or habitual deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the licensee's professional practice.

(r) "IC" means Investigative Committee that is comprised of one or more Board members or the Executive Director.

(s) "Incompetence" means to lack the ability, professional qualifications, experience, education, or combination thereof to undertake a professional engagement or assignment.

(t) "Intern" means a land surveyor intern or engineer intern, as applicable.

(u) "License" means a license, certificate, or registration issued by the Board.

(v) "Licensee" means a person who has been granted a License pursuant to the Act.

(w) "NCEES" means the National Council of Examiners for Engineering and Surveying. Information about NCEES can be found at www.ncees.org.

(x) "NCEES Record" means a mechanism to provide a means of storing and transmitting professional records—such as transcripts, exam results, and employment references—in order to apply for licensure in an additional state or territory (a process known as comity licensure).

(y) "NSPE" means the National Society of Professional Engineers. Information about NSPE can be found at www.nspe.org.

(z) "NSPS" means the National Society of Professional Surveyors. Information about NSPS can be found at www.nsps.us.com.

(aa) "Public works" means all fixed works constructed for public use, whether or not done under public supervision or direction, or paid for wholly or in part out of public funds or assessment of property owners or rights users.

(bb) "Renewal Period" means:

(i) December 31 of the year following the issuance of the initial License; or

(ii) A two (2) year period from January 1 of year 1 until December 31 of year two. (For example, Jan 1, 2019 through December 31, 2020). Licensees shall fulfill their CPC requirements during this time period in order to renew a License.

(cc) "Signature" means that it identifies the person, serves as a means of authentication of the contents of the document, provides responsibility for the creation of the document and provides for accountability for the contents of the document. Signature may be applied as either "original" signature or "digital" signature. "Original" signature and "digital" signature and are defined as follows:

(i) "Original" signature means the handwritten name of a person applied to a document.

(ii) "Digital" signature means a signature electronically created which has the same authority and effect as an original signature.

(dd) "Thorough technical review" means that the work product has been thoroughly reviewed, critically examined, and evaluated for compliance with appropriate professional standards by a Licensee in that profession who accepts responsibility for the work product.

(ee) "Wyoming licensing laws related to engineering and surveying" means W.S. 33-29-201 through 33-29-910 and these Rules.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.1.12032025 § 3 Regular Meeting

Regular meeting of the Board will be held at the Board office in Cheyenne on the second Monday of December at 8:00 a.m.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.1.12032025 § 4 Incorporation by Reference

(a) For any rule or regulation incorporated by reference in these Board Rules:

(i) The Board has determined that incorporation of the full text in these Board Rules would be unduly cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (b) of this section; and

(iii) The incorporated rule or regulation is maintained at 6920 Yellowtail Road Suite 100, Cheyenne, WY, and is available for public inspection and copying at cost at the same location.

(b) Each rule incorporated by reference is further identified as follows:

(i) Chapter 2-Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations. These rules are referred to herein as the Uniform Rules for Contested Case Practice and Procedure.

(ii) Chapter 2-Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records, adopted by the Department of Administration and Information and effective on September 6, 2016, found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.

(i) The National Society of Professional Engineers Code of Ethics dated July 2019 Publication #1102 and found at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.

(iii) The National Council of Examiners for Engineering and Surveying "NCEES Continuing Professional Competency Standard" dated August 2018 and found at http://engineersandsurveyors. wyo.gov/publications/rules-and-regulations.

(d) The Board incorporates by reference the "Manual of Surveying Instruction for the Public Lands of the United States," 2009 edition at http://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.

1-1

History

Effective 2025-12-03

Chapter 2 Fees

Wyo. Code R. 037.0001.2.03242020 § 1 Application Fees

(a) Engineer - $100

(b) Land Surveyor - $100

(i) $50

(ii) Application fees are waived for any Fundamental Exam candidates who are currently enrolled as a student at the University of Wyoming or any Wyoming Community College.

(d) Business Entity - $75

History

Effective 2020-03-24

Wyo. Code R. 037.0001.2.03242020 § 2 Examination or Reexamination Fees

(a) Wyoming Examination or Reexamination Fees

(i) Wyoming Land Surveying State Specific - $100

(ii) Wyoming Land Surveying Take-Home - $100

History

Effective 2020-03-24

Wyo. Code R. 037.0001.2.03242020 § 3 Renewal Fees

(a) Individual biennial ‑ $90

(b) Business Entity biennial - $90

(d) Retired - $25 one-time fee

(e) Retired Restoration - $90

(f) Renewal of any license for an individual who performs service in the uniformed services shall be governed by W.S. 19-11-118 and 119.

History

Effective 2020-03-24

Wyo. Code R. 037.0001.2.03242020 § 4 Miscellaneous Fees

(a) Combined alphabetical/numerical roster of licensees - $50

(b) Address Labels - $100

History

Effective 2020-03-24

Wyo. Code R. 037.0001.2.03242020 § 5 Late Fee

The fee for late payment of renewal fees is $15 per month not to exceed $360.

History

Effective 2020-03-24

Wyo. Code R. 037.0001.2.03242020 § 6 Acceptable Payments

Payment of fees must be in United States dollars, and may be by check, money order, credit card or any payment mechanism approved by the board. If a check is returned for insufficient funds, repayment, including payment of a returned check charge, shall be by money order or certified check.

History

Effective 2020-03-24

Chapter 3 License and Application Requirements

Wyo. Code R. 037.0001.3.12032025 § 1 Engineer Intern Certificate

(a) Any "curriculum approved by the Board of at least four (4) years" is one that meets one of the following definitions:

(i) Undergraduate or graduate degree in an engineering program that is accredited by ABET/EAC; or

(ii) A combined educational background that includes an undergraduate or graduate degree in an engineering program that meets the NCEES education standard.

(A) If the Applicant does not hold a degree(s) from an international university, the Board will determine if the Applicant's educational background meets the NCEES standard.

(B) If the Applicant holds a degree(s) from an international university, the education evaluation service provided by NCEES must determine whether the Applicant's education meets the NCEES education standard. The associated NCEES evaluation fees are the responsibility of the Applicant.

(b) Following graduation, official transcripts must be provided directly to the Board by the registrar from the Applicant's educational institution(s).

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 2 Land Surveyor Intern Certificate

(a) Any "curriculum approved by the Board" must include at least thirty (30) semester credit hours in surveying, with a minimum grade of C or 2.00 grade point for each course comprising the thirty (30) semester credit hours, as follows:

(i) Core Subjects. A minimum of 21 semester credit hours is needed from the following categories as specified.

(A) Elementary and Advanced Surveying - a minimum of 9 semester credit hours that contain any of the following topics:

(I) care and use of instruments;

(II) leveling;

(III) traversing;

(IV) area calculation;

(V) earthwork volume calculation;

(VI) astronomy;

(VII) note scrivener (scribe);

(VIII) topographic data acquisition;

(IX) triangulation;

(X) coordinate geometry;

(XI) photogrammetry;

(XII) public land survey system;

(XIII) section subdivision;

(XIV) ethics for professional surveyors;

(XV) global positioning systems; or

(XVI) records research.

(B) Office Tasks (Office Practicum) - a minimum of 3 semester credit hours that contain any of the following topics:

(I) board drafting;

(II) computer aided drafting;

(III) map preparation;

(IV) subdivision drafting and design; or

(V) data management and analysis.

(I) P-line/center line establishment;

(II) curves - horizontal, vertical, etc.;

(III) route types - utility & transportation; or

(IV) construction staking and calculation.

(D) Boundary Law - a minimum of 6 semester credit hours that contain any of the following topics:

(I) field search and identification;

(II) real property law interpretation; or

(III) document preparation

(1.) land descriptions;

(2.) maps and plats; or

(3.) report of survey.

(ii) Elective Subjects. A minimum of 7 semester credit hours is needed from this category, with a maximum of 4 semester credit hours in any one major area.

(A) Mine Surveying;

(B) Water and water rights;

(I) water law;

(II) hydrology;

(III) hydraulic engineering; or

(IV) hydrographic surveying.

(1.) inland water boundaries

(I) horizontal control surveys and computations;

(II) vertical control surveys and computations;

(III) geodetic datum;

(IV) global positioning systems; or

(V) precise control surveys.

(D) Cartography; or

(I) map projections;

(II) property subdivisions;

(III) utility and transportation mapping; or

(IV) geographic information systems.

(E) Advanced Surveying Courses in subjects not covered in (ii) a-d above

(I) State specific laws;

(II) survey data management;

(III) site planning; or

(IV) real property law.

(b) Any "curriculum approved by the Board of at least four (4) years" is one that meets one of the following definitions:

(i) An undergraduate or graduate degree in a surveying or geomatics program that is accredited by ABET/EAC, ABET/ETAC or ABET/ANSAC;

(ii) An undergraduate or graduate degree in an engineering program that is accredited by ABET/EAC that also includes at least thirty (30) semester credit hours in surveying as set forth in paragraph (a) of this section; or

(iii) An undergraduate or graduate degree (not in surveying, geomatics, or engineering) that includes at least thirty (30) semester credit hours in surveying as set forth in paragraph (a) of this section and also contains other specific coursework:

(A) A combination of college level mathematics and basic sciences (with a laboratory component) appropriate to the discipline:

(I) Mathematics (8-10 semester credit hours) must include:

(1.) college algebra;

(2.) college trigonometry; and

(3.) technical statistics (e.g. non-business statistics).

(II) Basic Sciences (8-10 semester credit hours) must include lab-based courses in at least two of the following areas:

(1.) physics (preferred);

(2.) geology (preferred);

(3.) chemistry; or

(4.) biology.

(III) A general education component that complements the technical content of the curriculum:

(1.) English (6-8 semester credit hours), which can include:

a. composition;

b. literature;

c. public speaking; or

d. technical report writing.

(2.) Other (5-8 semester credit hours):

a. social sciences (e.g. economics, history, political science, psychology, sociology, geography, etc);

b. humanities (e.g. philosophy, religion, literature, etc.;

c. visual and performing arts (e.g. music, art, theatre, etc); or

d. business and management.

(i) An Associate degree in a surveying or geomatics program that is accredited by ABET/ETAC or ABET/ANSAC; or

(ii) An Associate degree (not in surveying or geomatics) that includes at least thirty (30) semester credit hours in surveying as set forth in paragraph (a) of this section and also contains other specific coursework as defined under (b) (iii) of this section; and

(iii) Two (2) years of combined office and field experience in land surveying, of which one (1) year shall have been in charge of land surveying projects under the supervision of a licensed professional land surveyor.

(d) Official transcripts must be provided directly to the Board by the registrar from the Applicant's educational institution(s).

(e) An "examination in the fundamentals of surveying" is defined as the NCEES Fundamentals of Surveying (FS) exam.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 3 Professional Engineer Licensure by Examination

(a) An "examination in the principles and practices of engineering" is defined as an NCEES Principles and Practices exam (PE) in any of the examination areas offered by NCEES, or the NCEES Structural exam (SE).

(b) The four (4) years of engineering experience must be obtained after graduating with the degree described in Section 1 (a) of this Chapter. One (1) year of experience will be granted for those Applicants who have earned both an undergraduate and graduate degree in engineering as defined in Section 1 (a) of this Chapter. The Board, in its discretion, may consider full-time or part-time experience regardless of whether in a paid or volunteer capacity.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 4 Professional Engineer Licensure for Applicants with a Doctoral Degree

(a) A "doctoral curriculum approved by the Board" is defined as an earned doctoral degree in engineering from an institution that grants ABET/EAC accredited undergraduate or graduate degrees.

(b) "Examinations required by Rule of the Board" are defined as

(i) A written examination on professional ethics and Wyoming licensing laws related to engineering and surveying; and

(ii) An oral interview with the Board.

(i) Experience shall be engineering work related and relevant to the Applicant's areas(s) of professional practice.

(ii) Experience shall include at least one year of engineering design.

(iii) Experience must be obtained after completion of Applicant's first engineering degree (undergraduate or graduate).

(iv) Research experience of an Applicant earned and counted toward the Applicant's graduate degree will not be credited concurrently with engineering experience credit.

(v) Research experience of an Applicant may be considered for a portion of the engineering experience credit when substantiated with professional publication authored by the Applicant and relevant to the Applicant's area of professional practice.

(vi) The Applicant's collegiate teaching records will be considered as one (1) year of engineering experience as follows: The Applicant must be the primary teacher of record for junior, senior, or graduate level engineering courses with a total of at least two (2) credit hours. An Applicant may only rely on a maximum of two (2) years or 48 credit hours for an Applicant's collegiate teaching experience. One-half (1/2) year of experience credit will be awarded for each twelve (12) semester credit hours taught. The Applicant shall submit the Applicant's percentage of teaching responsibility per course.

(d) Applicants with a doctoral degree from an institution that grants ABET/EAC accredited undergraduate or graduate degrees may be exempt from both the fundamentals (FE) and professional (PE) examinations.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 5 Professional Land Surveyor Licensure by Examination

(a) The "examination in the principles and practices of surveying" is defined as an NCEES Principles and Practices exam in surveying (PS), the Wyoming Land Surveying state specific exam, the Wyoming Land Surveying take-home exam, and any Public Land Survey System (PLSS) exam administered by NCEES.

(b) The four (4) years of land surveying experience must be obtained in addition to any experience necessary for the land surveying Intern certificate. The four (4) years will include at least one (1) year of office experience and one (1) year of field experience in land surveying. The Board, in its discretion, may consider full-time or part-time experience regardless of whether in a paid or volunteer capacity.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 6 Professional Licensure on the Basis of Comity

(a) "Examinations required by Rule of the Board" as referred to by W.S. 33-29-406 and "Examination relating to the specifics of Wyoming law and regulations" as referred to by W.S. 33-1-120(b)(j)(D) are defined:

(i) For Applicants seeking licensure as a professional engineer, as a written examination on professional ethics and Wyoming licensing laws related to engineering and surveying.

(ii) For Applicants seeking licensure as a professional land surveyor as:

(A) A written examination on professional ethics and Wyoming licensing laws related to engineering and surveying; and

(B) Wyoming Land Surveying state specific exam; and

(b) All comity applications must be accompanied by:

(i) All documents as required by the Board in the application either separately or as supplied in an NCEES Record;

(ii) An executed release authorizing the Board to investigate the Applicant's education, experience credentials, and a background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying; and

(iii) Evidence of lawful presence in the United States; and

(iv) Payment of fee.

(i) When the Applicant meets the education, experience and examination requirements equivalent to the requirements in effect in Wyoming at the time the applicant's license was issued by the other jurisdiction; or

(ii) When the Applicant meets requirements established by NCEES that the board has determined are equivalent to the requirements for a professional license in Wyoming.

(d) For comity engineering Applicants that have a relevant, active license for more than ten (10) years in another state, fundamental examinations are waived except for examinations relating to the specifics of Wyoming law and regulations as defined in Section 6 (a) of this Chapter.

(e) Comity Applicants demonstrate Competency by:

(i) Meeting all education, examination and experience requirements in effect in Wyoming at the time the applicant's license was issued by the other jurisdiction, except for the examination requirement if waived as provided in Section 6(d) of this Chapter.

(ii) Having an active license and a "background that does not evidence conduct adverse to the practice of engineering or land surveying or the ability to practice engineering or land surveying;" and

(iii) Passing the examinations relating to the specifics of Wyoming law and regulations as defined in Section 6(a) of this Chapter.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 7 Application Requirements for Licensure by Examination or those with a Doctoral Degree

(a) Applicants seeking licensure as a professional engineer or professional land surveyor by examination or those with an earned Doctoral Degree as defined in Section 4(a) of this Chapter shall complete the application form. If the application does not contain sufficient space for all information required to be submitted, the Applicant may securely attach additional sheets to the form. In addition, all Applicants shall:

(i) Arrange to have certified transcripts sent directly from NCEES or the registrar of the college, university, or educational institution to the Board;

(ii) Provide the names and addresses of immediate supervisors from past and present employment;

(iii) Supply the names and addresses of three (3) licensed professionals to serve as references. If the Applicant cannot supply such information, he/she must provide to the Board a written, sworn statement explaining why. The Applicant shall then provide the names and addresses of three (3) references, unrelated to the Applicant, at least one (1) of whom shall be licensed in the profession in which license is sought. All references shall have personal knowledge of the Applicant's experience. The Board may require additional references;

(iv) Execute a release authorizing the Board to investigate the Applicant's education, experience credentials, and a background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying; and

(v) Complete and submit evidence of lawful presence in the United States.

(vi) If an Applicant makes no attempt to complete his/her application within six (6) months from the date of original application, his/her application will be canceled with neither prejudice nor refund of fee.

(b) The Applicant shall provide experience verification in one of two methods:

(i) Mail experience verification forms to immediate supervisors from past and present employment or as provided in Section 7(a)(iii) of this chapter. The Applicant shall mail any required additional reference forms. The Applicant shall have the experience verification forms and reference forms sent directly to the Board Office. Upon receipt of all completed required forms, the application will be evaluated, or:

(ii) Submit NCEES Record Book.

(c) If the application is complete and in the proper form, the Board is satisfied that all statements on the application are true, and the Applicant is eligible in all other respects to be licensed in engineering or land surveying for which the Applicant has applied, then the Board shall certify the Applicant as eligible to take any required examinations, or, if exempt from examination pursuant to the Act, is eligible for licensure. If, for any reason, the Board is not satisfied that all of the statements on the application are true or that the Applicant is not eligible in all respects for examination or licensure, it may perform further investigations. If, in the judgment of the Board, the Applicant has not furnished satisfactory evidence of qualifications for examination or licensure as required by these rules and regulations, it may deny the application or require additional information. The Board shall require an Applicant for professional licensure to have passed both the fundamentals and professional examination, unless exempt pursuant to the Act.

(d) No experience credit will be given for engineering work experience gained during pursuit of an undergraduate education, nor will experience credit be given for both land surveying and engineering for the same period of time.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 8 Application Requirements for Intern Programs

(a) The following shall apply for Intern Applicants:

(i) Applicants shall register directly with NCEES to take the FE or FS exam; and

(ii) Upon graduation with the education required by W.S. 33-29-402 and Sections 1 or 2, as appropriate, of this Chapter, Applicants shall:

(A) Complete the appropriate application for Intern certification with the Board;

(B) Have certified transcripts sent directly from NCEES or the registrar to the Board;

(D) Execute a release authorizing the Board to investigate the Applicant's background that does not evidence conduct adverse to the practice of engineering or land surveying or to the ability to practice engineering or land surveying.

(b) If the application is complete and in the proper form, the Board is satisfied that all statements on the application are true, the Applicant is eligible in all other respects to be granted an Intern certificate in engineering or land surveying for which the Applicant has applied, then the Board shall certify the Applicant as an engineer or land surveyor Intern. If, for any reason, the Board is not satisfied that all of the statements on the application are true or that the Applicant is not eligible in all respects for Intern certification, it may perform further investigations. If, in the judgment of the Board, the Applicant has not furnished satisfactory evidence of qualifications for Intern certification as required by these rules and regulations, it may deny the application or require additional information.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 9 Examinations; General

(a) National examinations (FE, FS, PE, PS, SE, PLSS) are given according to a schedule developed by NCEES.

(b) When an Applicant or Examinee has applied directly to NCEES to take an exam, the repeat policy for this exam shall be set by NCEES.

(c) State examinations (Wyoming licensing laws and professional ethics exam, Wyoming Land Surveying state specific exam, and the Wyoming Land Surveying take-home exam) are given according to a schedule and procedures developed by the Board.

(i) An Examinee may take the Wyoming Land Surveying 2-hour state specific exam no more than two times within a six-month period and no more than three times in a one-year period.

(ii) An Applicant for Professional Land Surveyor License that has held an expired Wyoming license for two (2) or more years shall retake the Wyoming Land Surveying state specific exam.

(iii) An Examinee may take the ethics exam no more than two times within a three-month period and no more than three times in a six-month period.

(d) Examinees shall abide by the exam administrator's published examination policies and procedures. An Examinee who does not fully comply with the exam administrator's requirements may, in addition to any action by the Board, be subject to dismissal from the remainder of the exam.

(e) An Examinee may be dismissed from the examination and subject to disciplinary or other Board action for conduct including, but not limited to:

(i) Cheating on the examination;

(ii) Giving assistance to, or receiving assistance from, another person;

(iii) Compromising the integrity of the examination;

(iv) Disruptive or abusive behavior; or

(v) Participating in any form of violation of exam policies or procedures during an examination.

(f) Evidence of failing to comply with the exam administrator's policies and procedures subsequent to an examination may also be a cause for action by the Board. An Examinee who does not fully comply with the exam administrator's policies and procedures during and after an examination may be subject to having his/her exam results invalidated and being prohibited from taking the examination(s) for a period of time as determined by the Board. Any licensure examination taken and passed in another jurisdiction while barred from taking that same exam in Wyoming will not be acceptable for licensure purposes in Wyoming.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 10 Admission to the Professional Examination; Out-of-state Applicants with Intern Status

An Applicant for licensure as a professional engineer or professional land surveyor who has successfully completed the fundamentals examination in another jurisdiction, which is equivalent to those examinations administered in Wyoming, may be admitted to take the professional examination. Proof of Intern status must be forwarded directly from the authority which certified the original examination. An Applicant must further comply with all the education and experience requirements set forth in this chapter.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 11 Engineering Branches Recognized

(a) The Board recognizes all branches of professional engineering for which exams are offered by NCEES.

(b) The Licensee may accept professional engagements or assignments in any branch of engineering in which the licensee has demonstrated proficiency via education, technical knowledge, or experience.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 12 Military Education, Training, and Experience

Education, training, or service gained in military services submitted by an Applicant to be applied towards receiving a license or certificate, must be substantially equivalent, as determined by the Board, to the qualifications otherwise applicable at the time of receipt of application. It is the Applicant's responsibility to provide timely and complete evidence for review and consideration. Satisfactory evidence of such education, training, or service will be assessed on a case-by-case basis.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.3.12032025 § 13 Expedited License based on Comity for Military Service Members and Military Spouses

(a) Military service member or military spouse Applicants seeking an expedited license must:

(i) Provide a completed application which includes all documents required by Section 6 of this Chapter and by W.S. 33-1-117(b)(i) and (b)(v);

(ii) Provide documentation that the Applicant holds an active professional engineering or professional land surveying license in good standing from another state; and

(iii) Satisfy all other requirements in Section 6 of this Chapter.

(b) Military service member or military spouse Applicants may submit a request for an expedited license in writing prior to filing a completed application provided the Applicant satisfies all other requirements and provides documentation that the Applicant holds an active professional engineering or professional land surveying license in good standing from another jurisdiction for not less than five (5) consecutive years. Documentation may include an NCEES Record or verification from another jurisdiction's licensing board.

(c) The Board may, in its discretion, issue a temporary practice permit to a military service member or military spouse who meets the requirements of W.S. 33-1-117(b)(i), but who otherwise has not satisfied all other licensure requirements. The Applicant may practice under the temporary practice permit for the period identified in the permit, but not to exceed three (3) years. There is no fee for a temporary practice permit.

(i) An Applicant that holds a temporary practice permit must report to the Board their progress toward satisfying any unmet licensure requirements in accordance with the terms of the temporary practice permit. If the Applicant fails to submit the required progress reports, then the Board may revoke the temporary practice permit.

(d) If an application or request for an expedited license will remain pending for more than thirty (30) days of the Board receiving the application or request, the Board will issue a temporary license to the military service member or military spouse provided the Applicant provides documentation that the Applicant holds an active professional engineering or professional land surveying license in good standing from another jurisdiction for not less than three (3) consecutive years. Documentation may include an NCEES Record or verification from another jurisdiction's licensing board. There is no fee for a temporary license and the Applicant may practice under the temporary license for a period not to exceed ninety (90) days.

3-1

History

Effective 2025-12-03

Chapter 4 License Renewal and Continuing Professional Competency Requirements

Wyo. Code R. 037.0001.4.12032025 License Renewal and Continuing Professional Competency Requirements

CHAPTER 4 License Renewal and Continuing Professional Competency Requirements

Section 1. Renewal of License.

(a) Licensees shall renew their license by December 31 of the expiration year.

(b) Renewal Procedure. An Applicant seeking renewal shall submit:

(i) A completed renewal application;

(ii) payment of fee; and

(iii) Verification of completion of thirty (30) CPC that comply with Section 2 of this Chapter.

Section 2. Continuing Education Requirements.

(a) Initial Renewal. After issuance of an initial license, Licensees shall renew their license by December 31 of the following year. Applicants submitting an initial renewal shall be exempt from the CPC requirement.

(b) CPC Requirements. An Applicant shall complete a minimum thirty (30) CPCs to renew a license.

(c) CPC Carry Over. A maximum of fifteen (15) CPCs may be carried forward into the subsequent renewal period. Initial Licensees may also submit CPC Carry Over. CPC Carry Over for Dual Licensees will be split equally unless otherwise requested by the Licensee.

(d) Dual Licensees. The number of CPCs required for Dual License Applicants shall be a minimum of ten (10) CPCs in each discipline with a minimum combined total of thirty (30) CPCs required.

(e) NCEES Continuing Professional Competency (CPC) Standard. Applicants may meet their renewal requirement by submitting CPCs that comply with the NCEES CPC Standard for the current and previous calendar year. The NCEES CPC Standard can be found at https://engineersandsurveyors.wyo.gov/publications/rules-and-regulations.

(f) CPC Content. CPCs may be earned as follows:

(i) Successful completion of college courses;

(ii) Successful completion of continuing education courses;

(iii) Successful completion of correspondence, televised, videotaped, audio taped, and other short courses/tutorials;

(iv) Presenting or attending qualifying seminars, in-house courses, workshops, or professional or technical presentations made at meetings, convention or conferences;

(v) Teaching or instructing in subparagraphs (i) through (iv) of this subsection (credit does not apply to full-time faculty);

(vi) Authoring published papers, articles, monographs, or books;

(vii) Active participation in professional or technical societies or in accrediting organizations;

(viii) Patents;

(ix) Educational outreach; or

(x) Self-directed study/research.

(g) CPC Conversion. The conversion of other units or credits to CPCs is as follows:

(i) 1 college or unit semester hour 45 CPCs

(ii) 1 college or unit quarter hour 30 CPCs

(iii) 1 continuing education unit 10 CPCs

(h) The Board will grant annual credits as follows:

(i) 1 contact hour of professional development in coursework, seminars, or professional or technical presentations made at meetings, conventions, or conference. 1 CPC

(ii) For teaching (see Section 2(f)(v) above) apply multiplier of two (2) (Note that teaching credit is only valid for teaching a course or seminar the first time).

(iii) Each published paper, article, monograph, or book 10 CPCs

(iv) Active participation in professional and technical society (each organization) 2 CPCs/year

(v) Education Outreach 2 CPCs/year

(vi) Each patent 10 CPCs

(vii) Self-directed study/research 2 CPCs/renewal period

(i) Determination of Credit.

(i) Credit for college or community college approved courses will be based upon course credit established by the college.

(ii) Credit for qualifying seminars and workshops, will be based on one CPC for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn CPCs for the actual time of each program.

(iii) Credit for active participation in professional and technical societies shall be limited to two (2) CPCs per organization. Credit shall be limited to serving as an officer, board member, and/or actively participating in at least one (1) committee, coalition, or trust of the organization. CPCs are not earned until the end of each year of service. Organizations which have a state and national component (e.g. ACEC, NCEES, NSPS, ASCM and ASCE) are considered as separate organizations. Subchapters of a state organization are not considered as separate organizations from the state organization.

(iv) Credit for active participation in accrediting organizations is based on completing the roles of professional evaluator (PEV) or team chair in one or more program visits during the renewal period and shall be limited to ten (10) CPCs per accreditation visit.

(j) Record Keeping. Applicants shall be responsible for maintaining records used to support continuing education claimed on an application. Records shall be maintained for a period of three (3) years. Copies will be requested by the Board if Applicants are selected for audit. Records shall include:

(i) A log/diary/national registry record showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and CPCs earned; and

(ii) Attendance verification records in the form of completion certificates, receipts, or other documents supporting evidence of attendance.

(k) Compliance and Audit Committee (Audit Committee) Review.

(i) Every application is subject to audit verification for CPCs.

(ii) Board staff shall notify Applicants if their application has been selected for audit. Applicants shall submit CPC documentation.

(iii) The Audit Committee shall review Applicants' submitted documentation for CPC compliance.

(iv) The Audit Committee shall send a Notice of Deficiency to an Applicant if:

(A) An Applicant is unable to provide satisfactory documentary evidence of compliance with this section; or

(B) Audit Committee does not approve CPCs claimed by the Applicant.

(v) Within sixty (60) days from the date of the Notice of Deficiency, the Applicant shall submit:

(A) Satisfactory documentary evidence of CPCs to correct the deficiency; or

(B) A written request for the Board to review the Audit Committee's denial of claimed CPCs; or

(vi) If the Applicant does not provide satisfactory documentary evidence, the Audit Committee shall proceed with a recommendation for denial of the renewal application pursuant to Chapter 6, Section 1(d).

(vii) After review of the Applicant's claimed CPCs, the Board may:

(A) Approve the claimed CPCs; or

(B) Remand the renewal application to the Audit Committee to proceed with a recommendation for denial of the renewal application pursuant to Chapter 6, Section 1(d).

(viii) If the Applicant requests inactivation, the Board shall review the petition and issue an order.

(ix) An Applicant may seek reactivation of their license within the next renewal period. If the Applicant does not timely seek reactivation, the inactive license shall expire. If the license expires, the Applicant shall request relicensure.

(l) Exemptions. Applicants may be exempt from the CPC requirements for one of the following reasons:

(i) A new Licensee shall be exempt from the CPC requirements until after the first renewal period. During the first renewal period, a Licensee may carry over a maximum of fifteen (15) CPCs.

(ii) Exemptions for Applicants who perform services in the uniformed services shall be governed by W.S. 19-11-118 and 119.

(iii) Applicants experiencing physical disability, illness, or other extenuating circumstances may petition for an exemption.

Section 3. Retired Status

(a) Eligibility. An Applicant may seek retired status if the Applicant is no longer receiving any remuneration from providing professional engineering or professional land surveying services.

(b) Application Procedure. An Applicant seeking retired status shall submit a request on specified forms and pay the fee.

(c) CPC Exemption. While a License is retired, the Licensee shall be exempt from the CPC requirement for renewal of the license.

(d) Restoration of Active Status. If a retired Licensee elects to return to active practice, the Applicant shall seek relicensure under Section 4(a)(i) of this Chapter if Applicant has an active license in another jurisdiction or under Section 7 of this Chapter in all other cases.

Section 4. Comity/Out-of-Jurisdiction Resident Renewal and Satisfaction of CPC Requirements.

(a) An Applicant who is a resident of a jurisdiction other than Wyoming shall satisfy one of the following:

(i) The requirements for Wyoming are satisfied when an Applicant provides evidence of having satisfied CPC requirements of another jurisdiction that requires a minimum of 15 CPCs per year or 30 CPCs per biennium; or

(ii) CPC Requirements from Section 2 of this Chapter.

Section 5. Failure to Timely Renew.

(a) Expiration Date. All Licenses shall expire on December 31 of the renewal period.

(b) Unless an Applicant renews the Applicant's License on or before the expiration date, the License shall expire and the Applicant shall not practice.

(c) Following failure to timely renew a license, an Applicant may seek reactivation of the expired License during the subsequent renewal period of two (2) years.

(d) If the Applicant fails to seek reactivation of the expired License during the subsequent renewal period, the Applicant shall submit an application to obtain an original license by examination or comity or the Applicant shall seek relicensure in accordance with Section 7 of this Chapter for a new license number.

Section 6. Reactivation.

(a) Eligibility. An Applicant may seek reactivation if:

(i) The Applicant has failed to timely renew their Wyoming license during the renewal period, or

(ii) The Applicant is timely seeking reactivation following a Board order within the subsequent renewal period.

(b) Application Requirements. An Applicant shall submit:

(i) A completed reactivation application;

(ii) Payment of fees (including late fee); and

(iii) Evidence of completion of thirty (30) CPCs that comply with Section 2 of this Chapter.

(c) Application Review Committee or Audit Committee may consider disciplinary action for any grounds for discipline including misrepresentation on an application.

Section 7. Relicensure.

(a) Eligibility. An Applicant may seek relicensure if the Applicant has failed to timely renew the Applicant's Wyoming license for more than two (2) years or is seeking restoration from a retired status.

(b) Application Requirements. An Applicant shall submit:

(i) Completed relicensure application and payment of fees from Chapter 2 Section 1; and

(ii) Evidence that the Applicant has completed:

(A) Thirty (30) CPCs that comply with Section 2 of this Chapter within two (2) years of the application and the Applicant has maintained a license in another jurisdiction;

(B) Fifteen (15) CPCs that comply with Section 2 of this Chapter for each year since the Applicant's last renewal; or

(c) An Applicant for Professional Land Surveyor relicensure shall meet the exam requirements of Chapter 3, Section 9 (c)(ii).

Section 8. Reinstatement. An Applicant whose license was revoked, surrendered, suspended, conditioned, or restricted may apply for reinstatement and shall submit:

(a) A completed reinstatement application;

(b) Payment of fees;

(c) Evidence of completion of fifteen (15) CPCs that comply with Section 2 of this Chapter for each year since the Applicant's last renewal, if applicable; and

(d) Evidence demonstrating the Applicant has met the requirements of the previous Board's order or correcting the conduct underlying the Board's order that demonstrates the Applicant's ability to safely, skillfully, and competently practice.

4-1

History

Effective 2025-12-03

Chapter 5 Practice of Professional Engineers and Professional Land Surveying

Wyo. Code R. 037.0001.5.09032021 Practice of Professional Engineers and Professional Land Surveying

CHAPTER 5

Practice of Professional Engineering and Professional Land Surveying

Section 1. Seals.

(a) The seal authorized by the Board for Licensees is of the crimp type and/or rubber stamp facsimile and shall be of a design shown. The seal consists of two concentric circles with the diameter of the outer circle being 1-3/4 inches and the diameter of the inner circle being 1-1/4 inches. The upper portion between the two circles shall bear whichever of the following phrases is applicable to the Licensee: "Professional Engineer"; "Professional Land Surveyor"; or "Professional Engineer & Land Surveyor." At the bottom of the annular space between the two circles shall appear the inscription "Wyoming"; the inner circle shall contain the name of the Licensee, license number and the word "Date." The license number assigned should be centered in the inner area of the seal in the space occupied by the word "NUMBER" and the size of the numbers should not be larger than the word "NAME." The words and parentheses "(NUMBER)", and "(NAME)", should not appear on the seal.

(b) Seals authorized prior to July 1, 2013, may continue to be used.

(c) An imprint of the Licensee's valid seal shall appear on original and non-original copies, tracings or other documents, as required by W.S. 33-29-801. Seals generated electronically are acceptable if accompanied by a signature and date of the Licensee preparing the generated document and as long as the electronically generated seal complies with the requirements outlined in subsection (a) above. When the document contains more than one sheet, the title page(s) or the first page of a Licensee's work shall be sealed, signed and dated by the Licensee who supervised the work and is responsible for such work. To be valid, any seal must be legible in its entirety and the signature of the Licensee and date of signing must be superimposed over the seal. Legible full size or reduced reproductions of sealed, signed and dated documents are acceptable as long as an original, including the signature, seal and date, is maintained in the Licensee's possession.

(d) In accordance with the Uniform Electronic Transactions Act, (W.S. 40-21-101 through 40-21-119), an electronic image of the Licensee's seal, signature, and date is permitted to be used in lieu of an original seal, signature and date on electronic submittals made to agencies of local, state, and federal governments or between private entities if they so desire.

(e) Drawings, reports, or documents that require a signature may be signed using a digital signature. The digital signature must be:

(i) Unique to the Licensee using it;

(ii) Capable of verification; and

(iii) Under the sole responsibility and control of the Licensee affixing it; and

(iv) Linked to a document in such a manner that the digital signature is invalidated if any data in the document is changed. A digital signature that uses a process approved by the board will be presumed to meet the criteria set forth in subsections (c)(i) through (iii). Any hard copy printed from the transmitted electronic file shall bear the facsimile of the signature and seal and be a confirmation that the electronic file was not altered after the initial digital signing of the file. Any alterations to the file shall cause the facsimile of the signature to be voided.

(f) A scanned image or other reproduction of an original signature may be used in lieu of an original signature or digital signature if accompanied by the date of signature.

(g) Any work sealed, signed and dated by a Licensee must have been prepared or substantially reviewed by that Licensee or someone under the Licensee's direct supervision. After-the-fact ratification by the sealing of documents, when the underlying work was not performed by or under the responsible charge and supervision of the Licensee, is prohibited unless a thorough technical review is done.

(h) Upon notification by the Board of satisfying all License requirements, the Applicant shall obtain a seal of a design stipulated in Subparagraph 1 (a) of this Chapter. The Applicant shall purchase a seal, and submit, on a form provided by the Board, an impression or stamp of the seal with an original signature superimposed over it, for the Board records. The Board shall approve or disapprove any seal not meeting the exact specifications of Subparagraph 1 (a) of this rule and shall require the Licensee to obtain and pay for another seal meeting those specifications prior to sealing any work. If a replacement or additional seal is required, the Licensee shall submit an impression or stamp of the new seal to the Board, accompanied by a sworn statement stipulating the purpose for the seal's duplication.

Section 2. Sizes. The dimensions of all hardcopy maps, plats, plans, and designs for filing or recording shall be as specified by the private or governmental entity requiring the documents.

Section 3. Engineering Surveys.

(a) "Engineering survey" means measurement by angles, distances and elevations of natural or man-made features in the air, on the surface, and in the immediate subsurface of the earth, within underground workings, and on the surface or within bodies of water for the purpose of determining or establishing their size, shape, topography, grades, contours or water surface and depths, setting, resetting or replacing of points to guide the location of new construction, and the preparation and perpetuation of field note records and maps depicting these features. Engineering surveys do not include the establishment or determination of easement or property boundary lines.

(b) Engineering Surveys shall be performed by either a Professional Engineer or a Professional Land Surveyor.

Section 4. Land Surveying Practices.

(a) Securing Identifying Markers. Professional land surveyors, and professional engineers and land surveyors engaged in the practice of land surveying, shall obtain and use metallic identifying markers which shall show the Licensee's Wyoming License Number, as issued by the Board, prefixed by the letters LS, PLS, or PE & LS, as appropriate.

(b) Monumentation.

(i) All corners establishing real property boundaries shall be monumented with a durable monument, including accessories that are appropriate to the local site conditions. Monuments recovered and accepted during retracement surveys as a real property boundary marker must be evaluated for durability and identification. Those corners for which the monument and accessories are found to be deficient shall be rehabilitated so that each corner is left marked in such a manner as meets the above standards for monumentation. Any such monument that is in imminent danger of being obliterated or lost by natural or man-made surface disturbance shall be witnessed or referenced. The use of wooden or plastic stakes, hubs, posts and caps is unacceptable as permanent monuments. Each survey monument shall include a permanently affixed metallic identifying marker. Except where impracticable because of site conditions, or more restrictive state, county, city or town rules and regulations apply, the Licensee shall use, as a minimum, an iron pipe or rod monument not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inch in diameter, or a durable nonferrous monument, of the same dimensions, which has at least one ferromagnetic insert for electronic or magnetic detection.

(ii) For all public land survey corners which were monumented during the original government surveys or resurveys, which are restored or reestablished, and for the center quarter (1/4) corner and sixteenth (1/16) corners of sections and for the corners or angle points of independent resurvey tracts and lots, the Licensee shall use, as the preferred minimum monument, a galvanized iron or aluminum pipe not less than twenty-four (24) inches in length and not less than two (2) inches in diameter with a metallic cap not less than two and one-half (2 ½) inches in diameter securely fastened to the top, or an iron rod not less than twenty-four (24) inches in length and not less than five-eighths (5/8) inch in diameter with a metallic cap not less than two and one-half (2 ½) inches in diameter securely fastened to the top, except where impracticable because of site conditions. All nonferrous monuments shall have at least one ferromagnetic insert for electronic or magnetic detection.

(iii) Monuments set for any purpose shall be marked, stamped or inscribed in accordance with these rules and shall identify the public land survey corner, property corner, accessory, control point or other point it is intended to monument. Sufficient markings shall be placed upon accessories and control points to avoid confusion with actual corner monuments.

(i) Original corner monuments and accessories recovered in place as described in the original record and deemed to be in good condition may be left in place.

(ii) Any original monument or evidence of original monument used for any land surveying purpose which does not comply with Subparagraph (a) of this section shall be remonumented in order to perpetuate the position of that corner using a monument which complies with Section 4(b) of this Chapter, and documented in accordance with Chapter 7 of these rules.

(d) Subdivision of Sections of the Public Land Survey System.

(i) For the subdivision of any section, resurvey tract or lot of the public land survey system, the Licensee shall be required to recover or reestablish all of the corners established and monumented during the original government survey or resurvey, which are relevant to the subdivision. The Licensee shall follow the "Manual of Surveying Instruction For the Survey of the Public Lands of the United States," 2009 edition, for any public land survey corner established, reestablished, monumented, remonumented, restored, rehabilitated, perpetuated or used as control in any survey. The words establish or reestablish as used in the Manual shall mean to determine the true position of a corner and set a monument which meets the above standards.

(ii) Monuments shall be set at all controlling corners established for the aliquot part of the section being subdivided. The center quarter (1/4) corner shall be recovered or established and monumented. The quarter section sixteenth (1/16) corners shall be recovered or established and monumented. Monuments of other aliquot corners may be established where necessary to mark the corners of a minor subdivision. This shall mean that for any one quarter section subdivided, all five (5) (or more as appropriate) sixteenth (1/16) corners and the center quarter (1/4) corner shall be monumented unless impractical.

(iii) Where it is impractical to monument, witness or reference a corner due to site conditions, denial of access, or situations beyond the Licensees' control, the Licensee shall document the particulars of the corner establishment and file the documentation in accordance with Chapter7 of these rules and/or record a public document detailing the circumstance.

Section 5. Practice through Business Entities.

(a) Any Business Entity offering to practice professional engineering or professional land surveying must be registered with the Board.

(b) Registration of Business Entities:

(i) For a business entity to practice professional engineering and/or professional land surveying in Wyoming, the following information shall be submitted to the Board office on forms adopted by the Board:

(A) Business name;

(B) All office locations in Wyoming;

(C) Name, corporate status, license number, seal, phone number, and signature of the Licensee in charge of professional activities of the business in the state;

(D) Names, license numbers, and corporate status of all personnel of the business who act on its behalf as professional engineers or professional land surveyors in the state;

(E) Whether the entity offers professional engineering or professional land surveying services or both.

(F) The Board office must be notified within thirty (30) calendar days of any name changes of responsible Licensees in charge and of business name changes.

(ii) Business entities must complete and submit a registration renewal form every two (2) years along with the required renewal fee.

(c) Failure of a business entity to be currently registered with the Board as required may result in disciplinary actions against any of the following: the business entity, the Licensee in charge of the professional activities of the business in the State, any individual professional engineer or professional land surveyor who acts on behalf of the business entity in the State.

Section 6. Exemptions and limitations; Clarifications.

(a) W.S. 33-29-604 (a)-(i) does not exempt officers or employees of the United States from other requirements of state law, such as the requirements of the State Engineer found in W.S. 41-3-308, 309, 114, or 935, or W.S. 41-4-507, or similar requirements of other state agencies.

Section 7. Rules of Professional Conduct.

(a) All Licensees and Interns shall comply with the following standards, and failure to do so may result in discipline:

(i) A Licensee or Intern shall not submit any materially false statements or fail to disclose any material facts requested in connection with the application for license;

(ii) A Licensee or Intern shall not engage in fraud, deceit, misrepresentation, or concealment of material facts in advertising, soliciting or providing professional services to members of the public;

(iii) A Licensee or Intern shall not knowingly seal, sign and date any plans, drawings, blueprints, land surveys, reports, specifications or other documents not prepared or without thorough technical review by the Licensee or under the Licensee's direct supervision;

(iv) A Licensee or Intern shall not knowingly violate any federal or state statute concerning bribery;

(v) A Licensee or Intern shall comply with all federal, state, and local building, fire, safety, real estate, and mining codes, and any other laws, codes, ordinances, or regulations pertaining to the Licensee's professional practice. A Licensee shall not provide any professional services in violation of any such laws, codes, ordinances, or regulations;

(vi) A Licensee or Intern shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to his/her professional practice;

(vii) A Licensee shall apply the technical knowledge and skill which would be applied by other qualified Licensees who practice the same profession;

(viii) A Licensee shall not accept an assignment where the duty to a client or the public would conflict with the Licensee's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;

(ix) Licensees shall not accept compensation for services related to the same project or professional engagement from more than one private party without making full disclosure to all parties involved and obtaining the express written consent of all parties involved;

(x) Licensees who serve governmental or quasi-governmental organizations or departments, or are board members of any organization which receives government funds, as members, advisors, or employees shall recuse themselves from any conflict of interest decision and act in the best interest of that organization;

(xi) A Licensee shall not accept any professional engagement or assignment outside the Licensee's professional license unless: (a) the Licensee is qualified by education, technical knowledge or experience to perform such work and (b) such work is both necessary and incidental to the work of the Licensee's profession on that specific engagement or assignment;

(xii) Except as otherwise provided by law, code, ordinance, or regulation, a Licensee may act as the prime professional for a given project and select collaborating professionals; however, the Licensee shall perform only those professional services for which the Licensee is qualified and shall seal, sign and date only the work prepared by the Licensee or under the Licensee's direct supervision;

(xiii) A Licensee shall make full disclosure to all parties concerning: (a) any transaction involving payments to any person for the purpose of securing a contract, assignment, or engagement, except for actual and substantial technical assistance in preparing the proposal; or (b) any monetary, financial, or beneficial interest, the Licensee may hold in a contracting firm or other entity providing goods or services, other than the Licensee's professional services, to a project or engagement;

(xiv) A Licensee shall not solicit, receive, or accept compensation from material, equipment, or other product or service suppliers for specifying or endorsing their products, goods, or services to any client or other person without full written disclosure to all parties;

(xv) If a Licensee's professional judgment is overruled or not adhered to under circumstances where a serious threat to the public health, safety, or welfare results or would result, the Licensee shall immediately notify the client or employer. If the client or employer does not take appropriate remedial action within a reasonable amount of time under the circumstances, the Licensee shall also notify the Board of the specific nature of the public threat;

(xvi) If called upon or employed as an arbitrator to interpret contracts or to judge contract performance, or to perform any other arbitration duties, the Licensee shall render decisions impartially and without bias to any party.

(b) In the event the referenced engineering code of ethics or surveying creed and canons conflict with the following standards, the standards in this section shall control.

(c) The Board has adopted and incorporated herein the National Society of Professional Engineers (NSPE) "Code of Ethics for Engineers" dated July 2019 and the National Society of Professional Surveyors (NSPS) "Surveyor's Creed and Cannons" copyright 1996-2012. All licensed professional engineers, engineer Interns, professional land surveyors, and surveyor Intern shall comply with the applicable code adopted by the Board.

History

Effective 2021-09-03

Chapter 6 Procedure for Application, Licensure and Disciplinary Matters

Wyo. Code R. 037.0001.6.12032025 § 1 Application Review and Investigation Process

(a) Incomplete Applications.

(i) An application is "incomplete" when material requisite information has not been provided as part of the application process. Such information may include, but is not limited to:

(A) Failure by the Applicant to complete or provide any information requested on the application form;

(B) Failure by the Applicant to demonstrate lawful presence in accordance with law;

(C) Failure by the Applicant to respond to any Board staff or ARC inquiry or to produce any documents or information requested by Board staff or the ARC; or

(D) Failure by the Applicant to provide application fees.

(ii) An incomplete application will not be reviewed by an ARC until the Applicant submits all required information and documentation.

(iii) Incomplete applications shall be dismissed after six (6) months unless tabled.

(b) Application Review and Investigation. In application matters:

(i) Every Applicant bears the burden of satisfying license requirements;

(ii) Every application for a license issued by the Board is subject to investigation to determine whether the requirements set forth in the Act and Board Rules are satisfied; and

(iii) The ARC may meet informally with the Applicant.

(i) An application be tabled until deficiencies are resolved;

(ii) A license be issued, renewed, reactivated, or reinstated;

(iii) A license be issued, renewed, reactivated, or reinstated subject to conditions, restrictions, or other disciplinary action;

(iv) Approval of a settlement agreement, which may include the issuance, renewal, reactivation, or reinstatement of a license with the imposition of a reprimand, conditions, restrictions, suspension, other discipline or a combination thereof; or

(v) Denial of the application.

(d) Notice of Intent to Recommend Issuance of License Subject to Conditions, Restrictions, Other Disciplinary Action or Denial of an Application.

(i) The ARC or Audit Committee shall notify the Applicant of its intent to recommend:

(A) Issuance of the license subject to conditions, restriction, or other disciplinary action; or

(B) Denial of the application.

(ii) The Notice of Intent shall contain:

(A) A brief description of the facts or conduct which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action;

(B) A statement of the nature of the actions which warrant denial or issuance of a license subject to conditions, restrictions, or other disciplinary action and a citation to the applicable statutory provisions in the Act and/or the Board rules; and

(C) Notice of the right to a hearing if a written request is received by the Board office within thirty (30) days of the date of mailing the Notice of Intent.

(e) Applicant's Response. The Applicant shall respond to the Notice of Intent within thirty (3) days of the date of the Notice of Intent. The Applicant may:

(i) Request the Board hold a hearing on the ARC or Audit Committee's recommendation;

(ii) Request the Board table consideration of the application;

(iii) Withdraw the application; or

(iv) Request inactivation.

(f) If the Applicant fails to timely respond to the Notice of Intent, the Board shall dismiss the application.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 2 Petition for Modification of Conditions or Restrictions

(a) Petition for Modification of Conditions or Restrictions.

(i) Licensees may petition the Board for modification of the conditions or restrictions imposed upon their license. A Licensee shall submit a petition for modification to the Board office in writing, which shall include documentation demonstrating compliance with the Board order and the modification is sufficient to ensure the public is adequately protected.

(ii) A petition for modification shall be reviewed by the IC.

(b) Investigative Committee Action.

(i) If the IC agrees with the requested modification, the parties may file a stipulated motion with the Board.

(ii) If the IC does not agree with the requested modification, the IC shall notify the Licensee of its intent to recommend denial of the petition.

(c) Board Consideration. The Board may accept or reject the petition for modification and shall consider the petition and the IC's recommendation or stipulated motion.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 3 Complaint Review and Investigation Process

(a) Complaint Review and Investigation.

(i) Complaints shall be in writing, signed, and submitted to the Board on the form provided by the Board. Board staff may initiate complaints.

(ii) Complaints shall be investigated by one or more of the following: IC, Board staff, and/or investigators.

(iii) IC may meet informally with the Licensee.

(b) Voluntary Surrender. Licensees may petition the Board, in writing, to voluntarily surrender their license. The Board shall hold an expedited meeting at its earliest convenience to consider the petition. The Board may accept or reject the petition for voluntary surrender and may consider whether the Licensee is under investigation.

(i) Dismissal of the complaint;

(ii) Issuance of informal advisory and dismissal of the complaint;

(iii) Issuance of a formal notice of warning;

(iv) Approval of a settlement agreement, which may include a reprimand, conditions, restrictions, non-renewal, suspension, voluntary surrender, other discipline or a combination thereof;

(v) Disciplinary action which may include a reprimand, conditions, restrictions, non-renewal, suspension, revocation, other discipline or a combination thereof; and/or

(vi) Summary suspension.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 4 Summary Suspension

(a) Recommendation. If the IC recommends summary suspension, the Board shall conduct an expedited meeting to determine whether the Licensee's continued practice presents a clear and imminent danger to public health, safety or welfare.

(b) Notice of Intent to Recommend Summary Suspension.

(i) The IC shall notify the Licensee of its intent to recommend summary suspension.

(ii) The Notice of Intent shall contain:

(A) Copy of the complaint;

(B) Notice that an expedited summary suspension meeting shall be set at the earliest opportunity a quorum of Board members may be assembled; and

(c) Notice of Expedited Meeting. Board staff shall notify the Licensee in writing of the date and time of the expedited summary suspension meeting.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 5 Formal Proceedings for Disciplinary Action

(a) Notice of Intent of Recommended Disciplinary Action.

(i) The IC shall notify the Licensee of its intent to recommend disciplinary action.

(ii) The Notice of Intent shall:

(A) Include a brief description of the facts or conduct which warrant the intended action; and

(B) Provide the Licensee an opportunity to show compliance or respond to allegations for disciplinary action within fifteen (15) days of the date of the mailing.

(b) Informal Conference. The Licensee may request an informal conference with the IC to provide any additional information or to resolve a complaint without a hearing.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 6 Petition

The IC shall initiate formal proceedings for disciplinary action by serving a Petition to the last known address of the Licensee by regular mail.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 7 Notice of Hearing

(a) Timing. Board staff shall serve a Notice of Hearing upon the Applicant or Licensee at least (30) days prior to the hearing.

(b) Hearing. Upon receipt of a written request for hearing from an Applicant or commencement of formal proceedings for disciplinary action against a Licensee, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the Applicant or Licensee.

(i) The name and last known address of the Applicant or Licensee;

(ii) A brief statement of the matters asserted:

(A) In application matters, the recommendation to deny the application, the facts upon which the recommendation to deny is based, the statutory provisions and/or the Board Rules the Applicant is alleged to have violated; or

(B) In discipline matters, the nature of the Petition, the facts upon which the Petition is based, the statutory provisions and/or the Board Rules the Licensee is alleged to have violated;

(iii) The time, place, and nature of the hearing;

(iv) The legal authority and jurisdiction; and

(v) A statement indicating:

(A) The Applicant's failure to appear at a noticed hearing or pursue proceedings may result in a dismissal; or

(B) The Licensee's failure to answer the allegations contained in the Petition within twenty (20) days of the date of mailing and failure to appear at a noticed hearing may result in a default judgment.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 8 Lawful Service

There shall be a presumption of lawful service of a Notice of Intent, Petition, Notice of Hearing, or any other communication required by these Board rules if sent by regular mail to the last known address of the Applicant or Licensee.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 9 Default

The Board may enter an order of default judgement based on the allegations contained in the Petition in any case where the Licensee or the Licensee's representative has not answered the allegations contained in the Petition and has not appeared at a noticed hearing.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 10 Contested Case Hearing

The hearing officer shall preside over the contested case hearing which shall be conducted pursuant to the Wyoming Administrative Procedures Act and the Office of Administrative Hearings rules concerning contested case proceedings incorporated by reference in Chapter 1.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 11 Burden and Standard of Proof

(a) Application Matters. Applicants shall bear the burden to prove by a preponderance of evidence that they meet the qualifications for licensure. The burden shall shift to the ARC or IC to prove by clear and convincing evidence that Applicants should be denied an unrestricted license. Applicants shall bear the burden to persuade the Board that the ARC or IC's grounds for denial are insufficient.

(b) Licensure Matters. Licensees shall bear the burden to prove by a preponderance of evidence that the petition for modification should be granted.

(c) Discipline Matters. The IC shall bear the burden to prove by clear and convincing evidence that Licensees violated the Act or the Board Rules.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 12 Board Decision and Order

(a) Board Action. The Board may resolve an application matter, complaint, or Petition by:

(i) Approving the recommendations of the ARC or IC; or

(ii) Conducting a contested case hearing. Following the hearing and deliberation of all evidence admitted at a contested case hearing, the Board may:

(A) Issue, renew, reactivate, relicense, or reinstate a license;

(B) Issue, renew, reactivate, relicense, or reinstate a license with conditions, restrictions, or other disciplinary action;

(D) Dismiss the complaint or Petition due to lack of clear and convincing evidence;

(E) Issue a notice of warning;

(F) Impose a reprimand, conditions, restrictions, suspension, revocation, other discipline, or combination thereof; and/or

(G) Impose civil penalties.

(b) Board Order. The Board shall issue a written decision. The Board Order shall be sent to the Applicant, Licensee, or their representative by regular mail to the last known address. The Board may publish the order.

History

Effective 2025-12-03

Wyo. Code R. 037.0001.6.12032025 § 13 Judicial Review

(a) Appeals from decisions of the Board are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.

(b) Costs of transcripts and any reasonable costs assessed by the Board regarding the record on appeal shall be borne by the party making the appeal. A party making an appeal shall reimburse the Board for the cost of any Hearing transcripts the Board has purchased.

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History

Effective 2025-12-03

Chapter 7 Corner Perpetuation and Filing Act

Wyo. Code R. 037.0001.7.12032025 § 1 Preparation and Filing of Corner Records

(a) Corner Records required to be filed under this Chapter shall be prepared upon bond paper, in a form prescribed by the Board. This does not preclude the use of a word processor or computer-generated form that is identical to the format prescribed by the Board. The Cross Index Plat may be used as designed by the Board to provide the alpha-numeric coordinate for each Corner Record. It is the responsibility of the licensee, not the client, to file the Corner Records as required.

(b) Corner Records shall be filed for all corners of the Public Land Survey System actually established and monumented in an original or resurvey the U.S. General Land Office and/or Bureau of Land Management including township, section, one-quarter, one-sixteenth, one-sixty-fourth, one two-hundred and fifty-sixth, one thousand and twenty-fourth, angle point, mile post, meander, witness point, special meander, auxiliary meander, homestead entry survey, witness, mineral survey, tract (lot), closing, line tree, standard, or other corners which are established, perpetuated, or used as control in any survey by a licensee, unless the corner and its accessories are substantially as described in an existing Corner Record filed in accordance with the provisions of the Act. Corner Records may be prepared and filed for other non-public land survey monuments as desired by the licensee. Professional Land Surveyors shall file Corner Records for section one-quarter, ¼; one-sixteenth, 1/16; one-sixty-fourth, 1/64; one two-hundred and fifty-sixth, 1/256; and one-thousand and twenty-fourth 1/1024; corners established by them and which were not established and monumented in an original government survey or resurveys.

(c) All Corner Records shall be filed within ninety (90) days. The ninety (90) day time for filing shall begin on the date that the corner is recovered, established, reestablished, remonumented, restored, rehabilitated, perpetuated, or used as control in any survey.

(d) Corner Records relating to corners of the Public Land Survey System shall include the following information:

(i) Date of field work and the date of preparation of Corner Record;

(ii) The original General Land Office (GLO) and/or Bureau of Land Management (BLM) field note record for any lost or obliterated corners of the Public Land Survey System reestablished;

(iii) Description of the corner and accessory evidence found including, but not limited to, material, inscriptions, dimensions;

(iv) Description; including material, inscriptions, dimensions, of the monument and accessories used to perpetuate and rehabilitate the original location of the corner. Where appropriate, the system of marking monuments shall follow the 2009 "Manual of Instructions for the Survey of Public Lands of the United States";

(v) Courses and distances to adjacent corners, if determined in the survey, may be depicted by a sketch or prose;

(vi) Distances and bearings to local accessories, if available, in sufficient detail to allow reestablishment of the corner monument if it is destroyed. If the monument is in a vulnerable location, reference monuments will be set and referenced by course and distance.

(vii) The form will be signed, sealed and dated;

(viii) Corner Records are to be filed for monuments searched for and not found;

(ix) The alpha-numeric coordinate for the cross-index plat is to be marked in the cross-index section of the form;

(x) A separate Corner Record shall be filed for each corner. A Corner Record shall be filed in each township or range for corners on common lines;

(xi) If the corner monument is determined to be "obliterated," the evidence used to reestablish the position is to be shown. If affidavits are used, a copy of the affidavit should be attached to the Corner Record or the reference to the recordation of said affidavits shall be indicated upon the Corner Record;

(xii) If the corner monument is determined to be "lost", the method, rationale and measurements used for reestablishing the monument shall be shown;

(xiii) If the state plane coordinates are shown, they must include the origin, horizontal datum, vertical datum, zone, scale factor, elevation and elevation factor in accordance with W.S. 34-25-101 through 34-25-109.

EFFECTIVE DATE:

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History

Effective 2025-12-03

59 General Agency, Board or Commission Rules

Chapter 1 Fees

Wyo. Code R. 037.0003.1.09162020 § 1 Authority

(a) Authority for setting fees is covered under the following sections of the Wyoming Statutes, 1977: 9-1-904, 9-1-907(b), 41-3-106(g), 41-3-107(b), 41-3-110(d), 41-3-213, 41-3-214, 41-3-914(d), 41-4-203, 41-4-205, 41-4-325, 41-4-511, and 41-4-514(a) (v & vi) & (e).

(b) The Wyoming State Engineer's Office and the Wyoming State Board of Control are required under W.S. 16-3-103(j)(ii) to adopt the Department of Administration and Information's uniform rules pertaining to procedures, fees, costs, and charges for inspecting, copying, and producing public records.

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 2 General

(a) Unless otherwise stated, the following non-reimbursable fees are payable when the item upon which the fee is applicable or assessed is submitted to the Wyoming State Engineer's Office or the Wyoming State Board of Control.

(b) Method of payment shall be check, post office or express money order, bank draft, or currency. Fees may also be deducted from the Wyoming State Engineer's Office, previously established customer cash accounts.

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 3 Surface Water Fees

(a) All non-reimbursable fees must be paid in advance. When the required fee is not known, time may be saved by contacting the Wyoming State Engineer's Office either by mail or by telephone. Make all remittances payable to the "Wyoming State Engineer's Office". Remittances should be transmitted with the application or petition and cover letter.

(b) Fee Schedule. The following fees are required for each instrument filed in the Wyoming State Engineer's Office.

(i) Direct flow water right applications - (Using S.W. 1 or S.W.2 Forms)

(A) Stock and/or domestic purposes only ………………………$25.00

(B) All other purposes, including reservoir supply and supplemental supply…………..………………………………...................................................................$50.00

(ii) Reservoir storage water right applications (Using S.W. 3, S.W. 3A, S.W.4 Forms)

(A) Stock reservoirs (Using S.W. 4 Form) and all other reservoirs of 20 acre-feet or less in capacity………………….…..………………………...………………...$25.00

(B) For reservoirs greater than 20 acre-feet but less than 100 acre-feet in capacity…………….……………………………………………………………………..$50.00

(D) Secondary supply water right applications for reservoir storage water (Using SW-1 & SW-2 Forms) …………..…..…………………………………..…...$50.00

(iii) Temporary water right applications …………………………….......$50.00

(iv) Temporary water use agreements to use water under an existing valid permit (W.S. 41-3-110) …………………………………………………………………......$50.00

(v) Formal petitions to modify or change a permit or application (plus appropriate recording fees, see Section 3(b)(ix)..……………………………………..….…$20.00

(vi) Processing water exchange permits or petitions (plus appropriate recording fees; both Wyoming State Engineer's Office and County Clerk, see Section 3(b)(ix) and certification charges, see Section 6(e)………………………………………….…………...$25.00

(vii) Safety of Dams PLAN Reviews

(A) For dams more than twenty (20) feet but less than forty (40) feet in height or with a capacity of fifty (50) acre-feet or more but less than one hundred (100) acre-feet ……………………………………………………………………………………………...$100.00

(B) For dams forty (40) feet in height or more or with a capacity of one hundred (100) acre-feet or more …………..........................................................................$150.00

(viii) Application for Weather Modification Activity ...…….……………$50.00

(ix) For recording any instrument in the official records of the Wyoming State Engineer's Office, Wyoming State Board of Control or with the County Clerk.

(A) First sheet, and;.………………………………………….…...$8.00

Each subsequent sheet ………………………………………………………………..…...…$3.00

(B) A fee will be required for recording with County Clerks any water right instrument or certificate as required by and specified in W.S. 18-3-402.

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 4 Ground Water Fees

(a) All non-reimbursable fees must be paid in advance. All remittances are to be made payable to the "Wyoming State Engineer's Office" except those remittances that are submitted in conjunction with adjudication costs, which are to be made payable to the "Wyoming State Board of Control". Remittances should be transmitted with the application or petition and cover letter.

(b) Fee Schedule. The following fees are required for each instrument filed in the Wyoming State Engineer's Office:

(i) Water right application to Appropriate Ground Water

(A) Domestic and/or Stock Watering Use Wells ……………….$50.00

(B) Irrigation, Municipal, Industrial, Miscellaneous Wells …….$75.00

(D) Monitor and Test Wells ………………………..……….…..No Fee

(ii) Formal petition to modify or change a permit or application (plus appropriate recording fees, see Section 3(b)(ix)..…………………………………..…….…$20.00

(iii) For recording any instrument in the official records of the State Engineer, State Board of Control or with the County Clerk, see Section 3(b)(ix).

(iv) Temporary water use agreements to use ground water under an existing valid permit, see Section 3(b)(iv).

(c) An amount not to exceed fifty ($50.00) of the fees collected for each application for a permit under W.S. 9-1-904 (a) (v) (A) and (D) shall be deposited into the account created under W.S. 33-42-116 for wells which require the use of a licensed well driller pursuant to W.S. 33-42-103.

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 5 Board of Control Fees

(a) In some instances, fees are required to accompany a petition to the Wyoming State Board of Control. All remittances shall be made payable to the "Wyoming State Board of Control". When required, a payment of fees should be attached to the petition itself or to the cover letter.

(b) The following fee is required in conjunction with the adjudication of a surface water right by the Wyoming State Board of Control.

(i) Proof of appropriation……………………………………………….$70.00

(ii) Fees collected for the adjudication of surface water rights are used for the recording of the certificate of appropriation and attached pages with the County Clerk in accordance with W.S. 18-3-402, and are used to pay required newspaper advertising fees.

(c) The following fee is required in conjunction with the adjudication of a ground water right by the Wyoming State Board of Control,

(i) Proof of appropriation …………………………………………..…$70.00

(ii) Fees collected for the adjudication of ground water rights are used for the recording of the certificate of appropriation and attached pages with the county clerk in accordance with W.S. 18-3-402, and are used to pay required newspaper advertising fees.

(d) The fees for each certificate to be amended

(i) by petition for an amended certificate,

(ii) by petition for change in place of use, or

(iii) by petition for change of use.

(A) Total cost per certificate to be amended ………………..…..$50.00

(e) The fees for each appropriation (certificate) to be abandoned through a petition for declaration of abandonment.

(i) Total cost per certificate to be abandoned……………………….....$50.00

(f) No fees are required for petitions for change of point of diversion, point of diversion and means of conveyance, change in location of wells, and voluntary abandonment.

(g) For recording any instrument in the official records of the Wyoming State Engineer's Office, Wyoming State Board of Control, or the County Clerk, see Section 3(b)(ix).

(h) A recordation fee of ten dollars ($10.00) per page is required to accompany the filing of an ADWR, as provided by W.S. 9-1-904 (a)(i).

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 6 Miscellaneous Fees

The Wyoming State Engineer's Office and the Wyoming State Board of Control find the following fees are the actual costs of producing copies of the following records:

(a) For making prints of maps on file.

(i) "B", "D", or township plat size map …………………………….…...$1.00

(ii) "E" & "G" size map ……………………….………..…………….….$1.50

(iii) "F" & larger size map ……………………….……………$.75/linear foot

(iv) Minimum Charge (any map) …………………………..……………..$1.00

(v) Mylar map copies …………………………………...…..Commercial rates

(b) For making microfilm copies of records:

(i) Each paper copy ……………………………………………..…….…..$.50

(ii) Each microfiche …………………………………………………...…..$.50

(i) Each search (plus appropriate copy fees) …………………….…......$25.00

(ii) Computer data base searches

(A) Set up for each search (plus media, photocopy and data fees)……………………………………………………………….…$25.00

(d) Certified copies

(i) Certificate cover (plus appropriate copy fees) ……..…..…………….$3.00

(e) FAX copies per page ………………………………………………….……...$1.00

History

Effective 2020-09-16

Wyo. Code R. 037.0003.1.09162020 § 7 Adoption of Uniform Rules

The Wyoming State Engineer's Office and the Wyoming State Board of Control hereby incorporate by reference the following uniform rules:

(a) Chapter 2 - Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records adopted by the Department of Administration and Information and effective on September 6, 2016, found at: http://seo.wyo.gov.

(b) For these rules incorporated by reference:

(i) The Wyoming State Engineer's Office and the Wyoming State Board of Control have determined that incorporation of the full text in these rules would be cumbersome or inefficient given the length or nature of the rules;

(ii) The incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the applicable date identified in subsection (a) of this section; and

(iii) The incorporated rules are maintained at the Wyoming State Engineer's Office, Herschler Building, 2W, Cheyenne, WY, and are available for public inspection and copying at the same location.

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History

Effective 2020-09-16

60 Ground Water

Chapter 1 General Information

Wyo. Code R. 037.0004.1.03051974 General Information

CHAPTER I

GENERAL INFORMATION

Section 1. Authority. All water within the State of Wyoming is the property of the State of Wyoming. The Wyoming State Engineer is charged by the Wyoming Constitution with the administration of all waters within the State. Specific statutory authority for the administration of Wyoming ground water by the State Engineer is provided by Section 41- 121 through Section 41-147, Wyoming Statutes 1957, as amended by Chapter 213, Session Laws of Wyoming 1969, and Chapter 171, Session Laws of Wyoming 1973.

Section 2. Definition of Underground Water or Ground Water. The terms underground water and ground water are used interchangeably and will have the same definition. Ground water means any water, including hot water and geothermal steam, under the surface of the land or the bed of any stream, lake, reservoir, or other body of surface water, including water that has been exposed to the surface by an excavation, such as a gravel pit or some type of mining operation.

Section 3. Communications. Address all communications concerning the right to the use of ground water to the Ground Water Section, State Engineer's Office, State Office Building, Cheyenne, Wyoming 82002.

Section 4. Information Requests Concerning Existing Ground Water Rights. Requests for information concerning existing ground water rights should be accompanied by the legal description of the well location, the name of the appropriator, if known, and any other pertinent information which might be of value in researching the records of the State Engineer's Office.

Section 5. Who is Required to File. Any individual, company or corporation or other entity that intends to beneficially utilize ground water must obtain an approved permit from the State Engineer before commencing construction, including test holes, on any ground water development. In cases where a well has been drilled for some purpose other than to obtain water, and is then converted or utilized as a water well, a permit approved by the State Engineer must be obtained before the water from the well is beneficially used.

Section 6. Availability of Forms. Application forms for new ground water developments (Form U.W. 5) and application forms for the registration of stock and/or domestic wells completed prior to May 24, 1969 (Form U.W. 7) may be obtained from the State Engineer's Office in Cheyenne, from the County Clerk's Office in each County Courthouse, and the local Water Commissioner. All commencement, completion and proof of appropriation forms will be sent to the applicant by the State Engineer's Office after the application is approved.

Section 7. Fees. All fees must be paid in advance. All remittances are to be made payable to the State Engineer, except those remittances that are submitted to cover adjudication costs, which are to be made payable to the Wyoming State Board of Control. Remittances should be by currency, bank draft, post-office or express money order, or check and should be transmitted with the application or letter.

Section 8. Fee Schedule. The following fees are required for filing instruments in the State Engineer's Office:

a. Each application of any type . . . . . . . . . . . . . $ 2.00

b. For recording any other instrument:

(1) First Sheet . . . . . . . . . . . . . . . . . . . . . . $ 2.00

(2) Each subsequent sheet . . . . . . . . . . . . . $ 1.00

The following fees are required for filing instruments in conjunction with the adjudication of a ground water right by the State Board of Control:

a. Each final proof . . . . . . . . . . . . . . . . . . . . . . . $ 2.00

b. Advertising fee for each final proof . . . . . . . . . $10.00 (Any portion of this fee which is not used will be returned to the permittee. If the fee exceeds $10.00, the appropriator will be required to submit the additional fee to the State Board of Control.)

c. For recording any other instrument:

(1) First Sheet . . . . . . . . . . . . . . . . . . . . . . . $ 2.00

(2) Each subsequent sheet . . . . . . . . . . . . . . $ 1.00

Section 9. Miscellaneous Charges.

a. For making prints of maps on file:

(1) "B" size map . . . . . . . . . . . . . . . . . . . . . . $ .50

(2) "D" size map . . . . . . . . . . . . . . . . . . . . . . $ .75

(3) Township plat (linen) . . . . . . . . . . . . . . . . . $ .75

(4) "E" size map . . . . . . . . . . . . . . . . . . . . . . $1.00

(5) "F" size map . . . . . . . . . . . . . . . . . . . . . . .$1.50

(6) Minimum charge (any map) . . . . . . . . . . . . .$ .50

b. For making photocopies of records:

(1) First sheet……………………….................... $ 2.00

(2) Each subsequent sheet…………...................$ 1.00

(3) Each certificate………………….................... $ 1.00

(4) Maps and other matter…….. Commercial rates

c. For making microfilm copies of records:

(1) Each processed sheet…………..................... $ .50

d. For making Xerox copies:

(1) Each sheet………………………..................... $ .10

Section 10. Time Limits. The permittee will be given one (1) year from the date the application is approved to commence construction on any ground water development and shall complete the construction and apply the water to beneficial use before December 31 of the year following the year in which the application was approved.

Section 11. Extensions of Time. If compliance with the time limits set forth in the permit for commencement, completion or application of the ground water to beneficial use cannot be met, the permittee may request that the State Engineer grant an extension of time. Such requests must be in writing, setting forth in detail the reasons for the requested extension of time, and must be received in the State Engineer's Office prior to the expiration dates set forth in the permit.

Section 12. Priority of Ground Water Rights. The priority of appropriation of ground water where the well was constructed prior to April 1, 1947, and the statement of claim was properly filed in the State Engineer's Office prior to March 1, 1958, shall date from the date of completion of the well. Such rights are recorded in the State Engineer's Office as Statements of Claim. The priority of appropriation of ground water where the well was constructed after April 1, 1947, but prior to March 1, 1958, and the well was properly registered in the State Engineer's Office prior to March 1, 1958, shall date from the date the water right was filed in the State Engineer's Office. Such rights are recorded as Well Registrations.

The priority date for stock and/or domestic wells completed prior to May 24, 1969 and properly filed in the State Engineer's Office on or before December 31, 1972, shall be the date the well was completed. Stock and/or domestic wells completed prior to May 24, 1969 and filed with the State Engineer's Office after December 31, 1972, shall receive the date of filing as the priority date of the water right.

The priority date of all other ground water rights, shall be the date the application to appropriate ground water is received and filed in the State Engineer's Office.

Section 13. Well Spacing. Due to the extremely variable nature of the geologic conditions within the State of Wyoming, no absolute well spacing requirements have been developed except those outlined in Chapter IX of this Manual. If well locations are such that unreasonable interference between wells develops, the water rights will be administered on the basis of priority. If well locations are such that interference between surface water flows and ground water withdrawals develop, the priorities of ground water rights will be correlated with surface water rights and regulated accordingly. (See Section 17 of this Chapter for further details.)

Section 14. Adjudication. The process of adjudication finalizes a water right. It fixes the amount of the appropriation and the point(s) or area(s) of use. The adjudication procedure for ground water rights is found in Chapter II, page 11.

Section 15. Division Advisory Committees on Ground Water. In each of the State's four Water Divisions, a Division Advisory Committee on ground water has been established. Each Division Advisory Committee consists of three individuals who reside within the Water Division and who are appointed by the Governor for 6-year terms. The function of the Division Advisory Committee on ground water is to advise the State Engineer and State Board of Control on matters relative to ground water development in their respective Water Division and to call and supervise the election of Control Area Advisory Boards.

Section 16. Control Areas. The Wyoming State Board of Control has the authority under Section 41-129, Wyoming Statutes, 1957 as amended by Chapter 171, Session Laws of Wyoming 1973, to designate Control Areas for the following reasons: (a) The use of ground water is approaching the current recharge rate; (b) Ground water levels are declining or have declined excessively; (c) Conflicts between water users are occurring or may occur; or (e) Other conditions exist or may arise that require regulation for the protection of the public interest. The designation of a Control Area serves three primary purposes: (a) It provides a mechanism to slow development so as to insure that prior, established ground water rights are protected and not subjected to interference problems; (b) It provides for the election of a Control Area Advisory Board comprised of 5 people living within the Control Area to advise and assist the State Engineer in formulating policies concerning ground water development in the Control Area; and (c) It provides a means by which regulation of the use of ground water can be developed and implemented should the situation warrant it.

The procedure for establishing a Control Area is as follows:

a. Whenever the State Engineer has reason to believe that a Control Area should be established, for any or all of the reasons set forth in paragraph 1 of this Section, it is his duty to make a written report to the State Board of Control setting forth the reasons why the establishment of a Control Area is necessary.

b. The State Board of Control will then designate a time and place to hold a public hearing to afford interested persons an opportunity to present evidence.

c. After the public hearing is held and the testimony is evaluated and considered, the State Board of Control will issue an Order to either designate a Control Area or reject the designation of a Control Area.

d. If a Control Area is established, an election is held to elect the Control Area Advisory Board. At this time, the appropriate Water Division Superintendent will also proceed with the adjudication of all ground water rights within the designated Control Area.

e. Following the adjudication of the ground water rights in the Control Area, the State Engineer, with the advice of the Control Area Advisory Board and the Division Advisory Committee on Ground Water, may establish such controls and regulations as he deems necessary.

Any decision by the State Engineer or State Board of Control can be appealed to the courts as outlined in Section 23 of this Chapter.

The application procedure to obtain a ground water right in a Control Area is set out in Chapter II, Section 5, Page 9.

Section 17. Interference Complaints. Any appropriator of either surface or ground water may file a written complaint alleging interference with his water right by a later priority ground water right. Complaints are to be filed with the State Engineer and must set out in detail the facts pertinent to the situation. Each complaint is to be accompanied by a fee of $100 to help defray the cost of the investigation. Upon receiving the complaint and fee, the State Engineer shall undertake an investigation to determine if the alleged interference does exist.

Following the investigation, the State Engineer will issue a report stating his findings and suggestions on various means of stopping, rectifying or ameliorating the interference or damage.

ANY INTERESTED APPROPRIATOR WHO IS DISSATISFIED WITH THE RESULTS OF THE FOREGOING PROCEDURE MAY PROCEED UNDER THE APPLICABLE PROVISIONS OF THE WYOMING ADMINISTRATIVE PROCEDURE ACT. IF A HEARING IS TO BE HELD, IT SHALL BE HELD BEFORE THE APPROPRIATE DIVISION SUPERINTENDENT. THE DIVISION SUPERINTENDENT SHALL REPORT TO THE BOARD OF CONTROL AT ITS NEXT MEETING. THE BOARD SHALL ISSUE ITS ORDER TO INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW.

NOTE: This section is not applicable to interference between two surface water rights.

Section 18. Interstate Use of Ground Water. Ground water may be utilized outside the boundaries of the State of Wyoming, provided certain conditions are met. These conditions include: (a) specific authorization by the Legislature of the State of Wyoming to utilize the ground water outside the boundaries of the State of Wyoming, and (b) the State in which the ground water is to be utilized must grant reciprocal rights for the use of ground water in the State of Wyoming.

Section 19. By-Product Water. By-product water is water which is a by-product of the activities of some nonwater-related economic activity, such as oil well separator systems, dewatering of mine areas or waste water from mines. If the water produced as a result of such activities is to be beneficially used in any manner, an application for a permit to appropriate water much be filed with and approved by the State Engineer before the water can be put to beneficial use.

The by-product water may be filed on by ground water procedures if (a) the water is intercepted while it is readily identifiable and has not yet commingled with other water, and (b) an agreement accompanies the application which has been signed by the developer- grantor of the by-product water and the applicant-grantee which sets forth any provisions for the reservation of the water for use by the developer-grantor.

The granting of such a water right for the use of by-product water does not imply that the developer-grantor of the water must maintain or provide the historic, or any, amount of by-product water to the applicant-grantee and the water right is subject to any agreement made between the developer-grantor and the applicant-grantee. In all other cases in which conditions (a) and (b) are not met, an application to appropriate by-product water shall be governed by the laws pertaining to surface water.

The procedure for filing on by-product water as ground water is found in Chapter II, Section 6, Page 10.

Section 20. Geothermal Steam and Hot Water. Geothermal steam and hot water are considered ground water for the purpose of administration. A permit to appropriate ground water must be obtained from the Wyoming State Engineer to explore for or before geothermal steam or hot water can be utilized. Anyone contemplating the development of geothermal steam or hot water should contact the State Engineer's Office for additional information.

Section 21. Springs. Filing as Ground Water Developments. Springs, where the total yield or flow is 25 gallons per minute or less and where the proposed use is for stock and/or-domestic purposes, may be filed in accordance with the procedures for appropriating ground water.

NOTE: In addition to be above requirements, some type of artificial development such as collection boxes, cribbing, etc., must be employed or proposed before an application to appropriate the water from a spring will be considered a valid appropriation. The water from a spring must be diverted in some manner to the point(s) or area(s) of use or storage.

The procedure for filing an application to appropriate water from a spring meeting the above requirements is found in Chapter II, Section 7, Page 11.

Section 22. Waste Disposal Wells. A permit must be obtained from the Wyoming State Engineer and the Wyoming Oil and Gas Conservation Commission before construction of any well used for the subsurface injection of waste materials may commence. Detailed geologic, hydrologic and chemical information must be provided before any waste disposal well application will be considered. Anyone contemplating the construction of a waste disposal well should contact the Wyoming State Engineer's Office concerning the types of information which will be required.

Section 23. Appeals. Any person aggrieved by an Order of the Wyoming State Board of Control or of the State Engineer concerning ground water, or by their or his failure to act, may appeal in the manner provided by Section 41-126 of the statutes, and the Wyoming Administrative Procedure Act.

History

Effective 1974-03-05

Chapter 2 Obtaining a Ground Water Right

Wyo. Code R. 037.0004.2.03051974 Obtaining a Ground Water Right

CHAPTER II

PROCEDURES AND GENERAL INSTRUCTIONS FOR OBTAINING A GROUND WATER RIGHT

Section 1. Authority. Section 41-138, Wyoming Statutes 1957, as amended by Section 6, Chapter 213, Session Laws of Wyoming 1969, provides that an application must be submitted and a permit secured from the State Engineer before any ground water diversion (including test holes for a larger well) is constructed. If any well constructed for any other purpose is found to be suitable for the withdrawal of ground water, a permit must be obtained before the water is utilized.

Section 2. Acquisition Procedure. The following steps briefly outline the necessary procedure for obtaining a ground water right:

a. An application must be submitted to the State Engineer's Office, accompanied by the legally required Two Dollar ($2.00) filing fee. A separate application is required for each well.

b. Upon receipt in the State Engineer's Office, the application will be reviewed. If there are any questions to be resolved, the applicant or his agent, if any, will be contacted. If the requested information is not submitted within 90 days of the date the information is requested, the application will be submitted to the State Engineer for rejection. The applicant will be notified by certified mail before the application is rejected.

c. When in proper form, the application is approved by the State Engineer, and becomes a ground water permit. The permit is assigned a number, and a copy of the approved permit is returned to the applicant (permittee). An application for a permit in any area not designated as a control area, shall be granted as a matter of course, if the proposed use is beneficial and would be in the public interest.

d. The permittee should read and understand all limitations on the approved permit. Besides the standard limitations printed on the permit and inherent under the law, additional limitations deemed necessary by the State Engineer may be added prior to approval of the permit.

e. The permittee is required to submit written notification to the State Engineer's Office of the date the well is commenced; the date it is completed, with pump or valve; and the date the water is beneficially used for the purposes specified in the permit.

The permittee is also required to submit information on water levels, a driller's log, and other pertinent data relating to the well.

f. For all wells, with the present exception of strictly domestic and/or stock wells, a map certified by a licensed professional engineer or land surveyor, must be submitted at the time the Proof of Appropriation and Beneficial Use of Ground Water form is submitted. This map and other required notices will form the basis for adjudication of the water right. See Chapters V and VI for mapping requirements.

Section 3. General Requirements for Application and Registration Forms. Application or registration forms must not be folded or defaced either by crossing out or erasing printed matter, or by pasting sheets of paper over the printed matter. Applications and registrations should be typed or completed neatly with black ink. If the form does not allow for proper explanation of a proposed appropriation or registration, do not cross out printed matter, but make an explanatory note in the space provided for "REMARKS". All applications or registrations must be signed and dated by the applicant or his authorized agent.

If the application is in the name of a company, corporation, municipality or other entity, the title of the person signing the application must be provided directly behind or below the signature.

Section 4. Applications for New Wells. An application, Form U.W. 5 -- "Application for Permit to Appropriate Ground Water", must be filed, and a permit secured from the State Engineer, before initiating construction of any well or other works which would utilize ground water, including domestic and/or stock wells. An approved permit must also be obtained when a well is completed for any non-water related activity (i.e. mineral exploration, seismograph, etc.) and is then converted so that water can be withdrawn and beneficially used. The application for permit must be completed by the applicant or his authorized agent, and submitted to the State Engineer's Office with the legally required Two Dollar ($2.00) filing fee.

Section 5. Application for Permit to Appropriate Ground Water in a Control Area. The procedure for obtaining an approved Permit to Appropriate Ground Water in a Control Area for any use other than domestic and/or stock watering purposes consists of the following steps:

a. An "Application to Appropriate Ground Water" must be filed in the State Engineer's Office.

b. The application is then processed by the ground water staff of the State Engineer's Office.

c. After the application is filed and processed, it is advertised for three (3) consecutive weeks in a newspaper of general circulation in the area where the well is to be located. The advertising procedure provides notice to other appropriators holding existing ground water rights that a ground water development is proposed and it affords them with an opportunity to voice valid objections to the granting of a permit for the proposed development.

d. Consideration of the application by the Control Area Advisory Board and any objections filed to the granting of the permit follows the advertising. If the Control Area Advisory Board desires additional information, the applicant, and if a protest has been filed, the protestant, will be invited to appear informally and discuss the matter before the Board. The Control Area Advisory Board then submits its recommendation to the State Engineer, either for approval or to hold the application until it is known that there is ground water available within the Control Area which has not been appropriated.

e. The State Engineer, acting with the knowledge of and the advice and recommendations of the Control Area Advisory Board, will then take the application under consideration. If it is determined valid protests to the granting of the permit have been filed, the State Engineer must hold a public hearing. If no protests have been filed, or if protests have been filed and a public hearing has been held, and the State Engineer determines that there is ground water available in the Control Area, he may issue a Permit. If the State Engineer determines that there is no ground water available which has not been previously appropriated within the Control Area, and determines that additional new development would have a detrimental effect on other established appropriators, he may refuse to grant a Permit.

Section 6. Application for the Appropriation of By-Product Water. The appropriation of by-product water by ground water procedures (see Chapter I, page 6, for qualifications) is to be filed on the "Application for Permit to Appropriate Ground Water" (Form U.W. 5). Some modification of various items on the application form will be necessary, depending on whether oil and gas activities or various methods of mining are resulting in the production of such by-product water. If a well drilled for some non-water related activity is converted to use as a water well, the application will not need any modification.

If the by-product water is to be appropriated by someone other than the developer of by-product water, a copy of the executed agreement between the developer-grantor and the applicant-grantee must accompany all applications to appropriate by-product water using ground water procedures.

a. In the case of oil well separators, the number of producing oil wells tied to the separator and the formation(s) from which they are producing must be given in the "REMARKS" portion of the application. The location of the separator is required as are the point(s) or area(s) of use. Immediately following Item No. 6 on the application form (the proposed depth of the well), it must be noted that the facility is an oil well separator.

b. When by-product water resulting from underground mining activities is to be appropriated, the location of the mine sump and the point(s) or area(s) of use must be shown on the application form. It should be noted in the "REMARKS" portion of the application that underground mining is involved. Some modification of Item Nos. 6 and 7 on the application form will be necessary.

c. When by-product water from open-pit mining activities is to be appropriated, the State Engineer may waive the specific 40-acre location requested in No. 5 on the application form. In lieu of the specific 40-acre location, the applicant will be required to specify the boundaries within which the open-pit mining is to take place and also provide an estimate of the time schedule for the mining operation.

If the application is granted and a permit issued, an annual report will be required giving the progress of the mining operation, the present location of the open-pit and the present area(s) or point(s) of use. In addition to these items, the State Engineer may impose any other conditions and/or limitations he deems necessary to administer such appropriations of by-product water.

Section 7. Application for the Appropriation of Spring Water. The appropriation of spring water by ground water procedures (see Chapter 1, page 6 for qualifications) is to be filed on the "Application for Permit to Appropriate Ground Water" (Form U.W. 5). All of the requested information must be provided. The fact that a spring is to be developed and the proposed method of development must be noted in the "REMARKS" portion of the application.

Section 8. Application to Deepen an Existing Well. Form U.W. 6-69, "Application to Deepen an Existing Well", should be submitted prior to deepening a recorded well when the yield will not be increased above the original appropriation and when the use or uses will not be changed. The form is self-explanatory, and any unknown information can be obtained from the original Permit and Statement of Completion. The present depth and proposed depth must be shown, and the reason for deepening the well explained. The form must be signed and dated by the applicant.

Section 9. Registration of Stock and/or Domestic Wells Completed Prior to May 24, 1969. Domestic and stock wells completed prior to May 24, 1969, may be registered with the State Engineer on Form U.W. 7 -- "Statement of Completion and Description of Well". Such registration is not compulsory; but in cases of conflict between water users, registration will be required to show priority dates and information on well construction. All existing domestic or stock wells which were properly registered prior to December 31, 1972, will have a priority as of the date of completion of the well. Existing wells registered after December 31, 1972, will have a priority as of the date of filing with the State Engineer's Office. Each well must be filed on a separate form, and the Two Dollar ($2.00) filing fee must accompany each registration.

Section 10. Adjudication Procedure. The adjudication or "finalization" of a ground water right is the final step in the perfection of a ground water right. The purpose of adjudication is to establish and fix the amount of the appropriation, the use(s) to which the water can be applied and also the point(s) and/or area(s) of use.

The adjudication procedure involves the following steps:

a. An approved "Permit to Appropriate Ground Water" must be obtained from the State Engineer before any type of water well construction can commence.

b. Following completion of the well, a "Statement of Completion and Description of Well" form must be completed and submitted to the State Engineer's Office.

Steps (a) and (b) are required for all wells. The adjudication procedure starts after the water is put to beneficial use and is presently required for all ground water rights except those being utilized for domestic and/or stock purposes.

c. The third step involves three parts. Part I is the submission of the "Proof of Appropriation and Beneficial Use of Ground Water" (Form U.W. 8) which indicates that the water has been applied to all the beneficial uses for which the water was appropriated.

Part II is a linen plat, or in certain instances, a quadrangle map, certified by an engineer or land surveyor licensed to practice within the State of Wyoming must accompany the Form U.W. 8. If a linen plat must be prepared, it must show the exact location of the well by bearing and distance from a known public land survey corner, and the exact location(s) or the point(s) or area(s) of use. If circumstances warrant the use of a quadrangle map, the location of the well and the point(s) or area(s) of use must be shown and clearly identified on the quadrangle map. Further information concerning the mapping requirements is found in Chapter V.

Part III is a field inspection. After the linen plat or quadrangle map and the ''Proof of Appropriation and Beneficial Use" have been submitted to the State Engineer's Office, a representative of the State Engineer conducts a field inspection of the development to insure the accuracy of the plat or map and to measure the exact yield of the well. The field representative will collect pump and motor data (serial numbers, horsepower, size, etc.) at this time and also the legally required fees. (See Chapter 1, Section 8.)

d. Following the field inspection, the final proof will be advertised in a newspaper of general circulation within the county in which the well is located. This is to provide other appropriators with the opportunity to submit valid protests to the adjudication of the water right.

e. The final proof is then submitted to the Board of Control for their consideration. If the water right is approved by the Board of Control for adjudication, an Order is entered and a Certificate is issued, giving the permit number, appropriator's name, address, the name and location of the facility, the use(s) to which the water is to be applied, the point(s) or area(s)of use and the priority date.

If a protest to the adjudication of a ground water right is filed, a public hearing is held by the appropriate Water Division Superintendent for the purpose of providing all interested persons with an opportunity to be heard. Following the hearing, the Board of Control will issue an Order either approving or rejecting the adjudication of the water right. Anyone dissatisfied with a decision of the Board of Control has the right of appeal to the Courts as outlined in Chapter 1, Section 23, Page 7.

f. After the Certificate of Appropriation has been issued by the Board of Control, it is sent to the County Clerk of the county in which the well is located to be recorded and is then forwarded to the appropriator. A permanent record of the Certificate of Appropriation is also kept on file in the office of the Board of Control in Cheyenne.

Section 11. Acceptance of Completion and Beneficial Use Forms.

a. The general requirements for application and registration forms (see Section 3 of this Chapter) also apply to "Statement of Completion and Description of Well" forms (Form U.W. 6 and U.W. 7) and "Proof of Appropriation and Beneficial Use of Ground Water" (Form U.W. 8). All forms will be examined by the State Engineer's Office, and if found to be acceptable, will be considered for approval. If a "Statement of Completion and Description of Well" form or a "Proof of Appropriation and Beneficial Use of Ground Water" form is not complete, or it is defective in some way, the permittee will be requested to provide the information necessary to place the document in proper order. If necessary, the form will be returned to the permittee by certified mail for correction. The reasons for such return and the time allowed to make the necessary corrections (usually 90 days) shall be stated by letter accompanying the form. If the form is not returned to the State Engineer within the specified time period, or if the permittee fails to furnish the requested written information, the permit may be cancelled. The permittee may request additional time to make such corrections, explaining why such an extension is required. A written request for an extension of time must be received in the State Engineer's Office before the expiration of the time period.

b. If Part I of a "Proof of Appropriation and Beneficial Use of Ground Water" form (Form U.W. 8) is received in acceptable condition, but without Part II, the required map, a period of 6 months will be allowed to submit the map. The information submitted on Form U.W. 8 and the map will be used as a basis for the adjudication of the ground water right.

Section 12. Certificates of Ownership. The Certificate of Ownership provides proof of land ownership for the purpose of adjudication. The Certificate of Ownership is usually a Certificate from the County Clerk, but it could be some other document such as, a copy of the warranty deed or land contract. If the lands involved are being purchased by the appropriator, a consent to the adjudication must be submitted by the sellers when the final proof is submitted. If the ownership is joint in nature, all co-owners must either join in as co-appropriators or consent to the adjudication.

When all or part of the lands involved are owned by a federal agency, some written documentation authorizing access to the lands (i.e., special use permit, lease, etc.) must be provided. If the lands involved are State of Wyoming lands, both the names of the appropriator-lessee and the State of Wyoming-lessor will appear on the final proof.

In some cases where ground water has been appropriated for industrial use (i.e., secondary recovery operations, mineral exploration or mineral development) a copy of the executed mineral lease or those portions of the executed Unit Agreement which describe the land(s) involved will serve as a Certificate of Ownership.

Section 13. Water for Temporary Purposes.

a. Methods of Acquisition. The right to divert or store water for temporary purposes, including highway or railroad roadbed construction or repair, drilling and producing operations, etc., can be acquired by following the same procedures as for other uses or by complying with the provisions of Sections 41-10.1 and 41-10.2, Wyoming Statutes 1957 (Laws 1959), as amended by Sections 1 and 2, Chapter 193, Session Laws of Wyoming 1971.

b. Application for Permit.

(1) If a right is to be acquired by submitting an application for a permit to the State Engineer, the procedure followed is generally the same as for filing applications for permits for other uses.

(2) The priority of a right filed for these temporary purposes is the date the application for a permit is accepted in the State Engineer's Office.

(3) Such a right is issued only for a limited time, generally only long enough to complete the temporary use, after which the permit is automatically cancelled.

c. Temporary Acquisition of an Existing Right.

(1) A second means of acquiring the right to the use of water for these various temporary purposes is by following the provisions of Sections 41-10.1 and 41-10.2, Wyoming Statutes 1957 (Laws 1959), as amended by Sections 1 and 2, Chapter 193, Session Laws of Wyoming 1971. This legislation authorizes the temporary acquisition of an existing adjudicated or valid unadjudicated water right, not to exceed a two-year period of time, for temporary use in connection with highway or railroad roadbed construction, drilling and producing operations, or other temporary purposes.

(2) In order to make such temporary change in use, it is necessary that a written agreement between the temporary user of the water and the owner of the water appropriation be filed with the State Engineer.

(3) In the case of temporary use of water for highway construction, the law requires that the agreement be between the Wyoming State Highway Department and the owner of the water appropriation. When County highways and private roads are involved, the Agreement is to be between the contractor and the owner of the water appropriation.

(4) This agreement must identify the water right to be utilized to supply water for the temporary use, its source of supply, priority, the amount of appropriation, point of diversion, and the amount of water to be diverted by such temporary use.

(5) Agreement forms for temporary highway use are available from the Wyoming Highway Department through the Highway District or Resident Engineer, and are self-explanatory. Agreement forms for other temporary uses are available from the State Engineer's Office and the local Water Commissioners.

(6) A sketch map must accompany the agreement showing the location of the well, the record point of diversion, the temporary users point of diversion, a general layout of the system, and the point where the temporary use will be made. It is suggested that U.S.G.S. Quadrangle maps, or the county maps produced by the Wyoming Highway Department or any other good reliable map of the area involved should be used as a basis for the required map.

(7) A notation should also be placed on the sketch map or accompanying the map, describing generally how the water will be diverted, the maximum rate of diversion, and a description of the general system.

(8) A sample map on page 49 shows the required information for temporary highway use. A sketch map for other temporary uses should incorporate the same general information as shown on the sample highway map.

Section 14. Assignment of Permit. When a permit or an interest therein is transferred or assigned, the assignment should be recorded in the office of the State Engineer. All water rights will generally attach to the land or point of use, except in instances where the water right is specifically reserved at the time the permit is issued.

History

Effective 1974-03-05

Chapter 3 Preparing Ground Water Forms

Wyo. Code R. 037.0004.3.03051974 Preparing Ground Water Forms

CHAPTER III

INSTRUCTIONS FOR PREPARING GROUND WATER FORMS

Section 1. General Requirements for All Forms. All ground water forms become permanent records in the State Engineer's Office. Forms should be typed or lettered neatly with black ink. Forms should not be folded nor should they be defaced by crossing out or erasing printed matter. A copy of the approved permit will be returned routinely and a copy of all other forms will be returned to the applicant (permittee) or his agent, if requested in writing, after approval. Examples of the completed forms described hereafter are shown in Chapter IV.

Section 2. Application for Permit to Appropriate Ground Water, (Form U.W. 5). An application for a permit to construct a well or other ground water diversion facility, must be submitted on Form U.W. 5. The Temporary Filing No., Permit No., Water Division No., District, and U.W. District will be entered when the form is processed in the State Engineer's Office. The remainder of the form should be completed by the applicant as follows:

a. NAME AND NUMBER OF WELL --A short, distinctive name and number must be assigned to the well or other facility; for example: "Smith No. 1".

b. ITEM 1 -- "Name__ of applicant(s) . . . ." -- Include all parties having an interest in the application. All parties designated as landowners under Items 10 and 11, must be shown as co-applicants, or an easement or right-of-way agreement must be submitted with the application.

(1) If the well is to be located on State Lands or if the lands proposed to be irrigated, or on which other beneficial use of water is to be made are State Lands, the State Board of Land Commissioners, State Capitol Building, Cheyenne, Wyoming, 82002, must be named as co-applicant.

c. ITEM 2 -- "Address of applicant(s) . . . ." -- Give the respective mailing address of each applicant.

d. ITEM 3 -- "Name & address of agent to receive correspondence and notices. . ." -- If the applicant is a company, corporation, agency, or municipality, or if several parties are named as co-applicants, one person should be designated as agent to receive correspondence.

e. ITEM 4 -- "Use to which the water will be applied . . . ." -- Mark the use or uses to which the water will be applied.

(1) Irrigation use is the irrigation of any lands for agricultural purposes not covered by the definition of domestic use.

(2) Municipal use is ground water used within a municipality.(Ground water provided to non-municipal subdivisions, trailer courts, etc., from private wells is not considered to be municipal use.)

(3) Industrial use includes ground water used in oil field secondary recovery operations, industrial processing and mining.

(4) Domestic use includes household use and the watering of lawns and gardens for noncommercial family use where the area to be irrigated does not exceed one (1) acre.

A well may supply water to more than one, single family dwelling and still be considered a domestic use provided that:

(a) The yield of the well does not exceed twenty-five (25) gallons per minute;

(b) The total area of lawns and gardens to be watered does not exceed one (1) acre in areal extent;

(d) The water is not used in conjunction with a commercial endeavor.

(5) Stock watering is the normal watering of livestock. If feedlot operations are involved, the use should be designated as "Miscellaneous" and then described in detail in the application.

(6) Miscellaneous uses consist of any other ground water uses not previously described. This would include, but is not limited to, use of water for trailer courts, campgrounds, churchs, schools, temporary drilling or other temporary industrial purposes, apartment houses, automobile service stations, motels and subdivision developments with a common well. NOTE: If the use is described as "Miscellaneous", the use must be described completely and accurately. (Any use not described at the time of filing will be assigned a new date of priority when the adjudication field inspection is made.)

f. ITEM 5 --"Location of the well: . . . ." --Name the county in which the well is to be located. Designate the 40-acre subdivision or lot in which the well will be located, and the section, township and range. If the well is to be in a city, town, or platted subdivision, give the lot and block numbers, the name of the subdivision and its location. An example is "Lot 9, Block 6, of the North Hills Subdivision, of Laramie County, NE ¼ NE ¼ Section 23, T.18N., R. 69W., of the 6th P.M., Wyoming."

NOTE: A well cannot be located outside the 40-acre tract specified in the application without prior approval by the State Engineer.

g. ITEM 6 -- "Estimated depth of the well is ……." – Complete the blank space to show approximate planned depth.

h. ITEM 7 -- "MAXIMUM quantity of water to be developed and beneficially used:……"-- Estimate the maximum amount of water that could be used.

(1) The actual amount, determined after the well has been drilled and tested, must be equal to or less than the amount listed in Item 7. The actual amount will be reported on the Statement of Completion and Description of Well form. If the amount of water to be used exceeds the amount listed in Item 7 of the application, an enlargement application must be filed and approved before the additional water can be used.

(2) If the application is for domestic and/or stock use, the maximum amount allowed by statute is 25 gallons per minute.

(3) Only springs flowing 25 gallons per minute or less, where the proposed use is domestic or stockwatering, will be considered as ground water appropriations.

i. ITEM 8 -- "If for irrigation use, …." -- The appropriate box must be checked.

(1) If the land will be irrigated only from the well described in this application, no further notation is needed.

(2) If the land has existing water rights, these rights should be described under "REMARKS".

j. ITEM 9 -- "If for irrigation use, describe MAXIMUM acreage to be irrigated……."-- Describe the number of acres to be irrigated in each 40-acre subdivision. If the actual acreage irrigated when the well is put in production exceeds the amount shown in Item 9 of the application, an enlargement application must be approved before the additional acreage can be irrigated. Designate ownership of land; federal, State, or private. If private, give names of owners.

(1) If the lands are owned by more than one party, indicate which lands are owned by each individual.

(2) If part of the lands are owned by the State and/or federal Government, indicate which lands are owned by the applicant or applicants and which are administered by governmental agencies.

k. ITEM 10 --This item is self-explanatory.

l. ITEM 11 -- The type of irrigation-sprinkler, flood, etc., is to be described.

m. ITEMS 12 and 13 – These items are self-explanatory. Any unusual situation must be explained under "REMARKS".

n. REMARKS --This space is provided for any statement or unusual circumstances peculiar to the application, or if a more complete explanation is needed for certain items. Details of industrial or any other uses should be explained in this section. Water rights or reservoirs that will be used in conjunction with this new ground water supply, if any, must be listed here also. Details of the construction used to develop a spring must be listed here.

o. THE LEGALLY REQUIRED FILING FEE MUST ACCOMPANY THIS APPLICATION --A Two Dollar ($2.00) filing fee is required for each application. An application cannot be accepted for filing unless it is accompanied by this fee.

p. SIGNATURE --The application form must be signed and dated. Only an applicant or his agent may sign the form. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as applicant, a designated official of the organization must sign. The official's title or agent's title should be noted behind or under the signature.

Section 3. Statement of Completion and Description of Well. (Form U.W. 6). Form U.W. 6, "Statement of Completion and Description of Well", is required by law to be submitted within 30 days after completion of the well, including pump or (in the case of a flowing artesian well) control valve. Most of the items are self-explanatory. The Permit No., Name of Well, Book No., Page No., and Name (s) and address (es) of the applicant (s) will be completed in the State Engineer's Office before the form is sent to the permittee. Other items should be completed as follows:

a. ITEMS 1 through 3 -- These items should be shown as they are shown on the original permit unless ownership has been changed. An explanation of any ownership changes should be provided.

b. ITEM 4 -- "LOCATION OF WELL" -- The location of the well within the 40-acre subdivision should agree with the original permit. If not, provide an explanation under "REMARKS".

(1) If a tie to the well is available at the time the form is submitted, it should be shown under "Bearing and Distance."

(2) If no tie is available, the distance, given in feet and in the cardinal directions, from the nearest corner of the public land survey should be shown on the form in the proper place.

c. ITEMS 5 through 12 --These items should be completed with information provided by the well driller and pump installer.

d. ITEM 13 -- "TABULATION" -- If for irrigation, the land proposed to be irrigated should be shown. Designate ownership of land; federal, State, or private. If private, give names of owners. The tabulation should agree, basically, with the tabulation on the original permit. If the use of water is other than irrigation, show the area and point (s) of use within each 40- acre subdivision.

e. ITEM 14 -- "PLAT" -- Accurately show the well location, point (s) of use (s), and sketch the conveyance system on the plat. Because a plat certified by a licensed engineer or land surveyor will also be required when the well is adjudicated, this plat need only be a sketch and does not need to show ties if they are not yet available.

f. REMARKS -- The means of conveying water to the lands or the point or points of use, should be described under "REMARKS". In addition, this space should be used to make a complete explanation of any situation that is not explainable in the main body of the form.

g. ITEM 15 -- "IF WELL IS TO BE ABANDONED, . . ." -- Items 1 through 8 and Item 12 should be completed on the form, and an explanation of why the well was abandoned should be entered under Item 15.

h. SIGNATURE -- The form must be signed and dated by the owner or his agent. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as applicant, a designated official must sign. The official's title or agent's title should be noted under the signature.

Section 4. Statement of Completion and Description of Well for Domestic or Stock Watering Use Only. (Form U.W. 7). The registration of a domestic or stock well completed before May 24, 1969, should be submitted on U.W. 7. If submitted for this purpose, the form must be accompanied by the legally required Two Dollar ($2.00) filing fee. This same form is also used to submit final information on domestic or stock wells completed after May 24, 1969. When the form is used for a permitted well drilled after that date, all requested information must be completed. The Permit No., Water Division No., and U.W. District will be entered in the State Engineer's Office. The remainder of the form should be completed by the applicant as follows:

a. NAME OF WELL -- If the form is being used to register a well, a short, distinctive name and number must be assigned to the well; for example: "Smith No. 1". If the form is used as a Statement of Completion for a permitted well, the name and number must be identical to the name and number on the permit.

b. ITEM 1 -- "Owner" -- If the land on which the well is located is owned by more than one party, all landowners must be named as co-owners.

c. ITEM 2 -- "Address" -- Mailing addresses must be shown for each respective owner.

d. ITEM 3 -- "Agent to receive correspondence…." -- If several parties are named as owners, one party must be designated as agent to receive correspondence.

e. ITEMS 4 through 7-- These items are self-explanatory. On wells drilled before May 24, 1969, if the driller is unknown, this fact must be noted.

f. ITEM 8 -- "Means of conveyance, distance and direction to point of use . . . ." -- Indicate distance and direction from the well to the point or points of use, and explain how the water is conveyed. If necessary, submit a diagram on a separate sheet of paper. An example of the type of entry here is: "Water is conveyed to stock tank 100' SW of the well by 1" buried plastic pipe."

g. ITEMS 9 through 11 -- Dates are required on all wells. The dates provided should be as accurate as possible, even though they are only good estimates.

(1) The priority date for wells completed prior to May 24, 1969, and registered before December 31, 1972, will revert to the date the well was completed and the water beneficially used. (A well is not considered complete until the pumping facility has been installed.)

h. ITEMS 12 through 17 -- If information relating to the well description, test data, pump data, casing record, and other well characteristics is not known, it should be obtained from the driller. If any of the information cannot be obtained for old wells, insert "not available" for that item, but provide a reasonable estimate whenever possible; however, Item 14 (Amount of Water being Used) must be completed for all wells.

i. ITEM 18 – "LOG OF WELL…." -- The log (description of the type of rocks encountered during drilling) should be obtained from the driller. On older wells, if a log is not available, please so indicate. Logs must be submitted for all wells drilled after May 24, 1969.

j. ITEMS 19 and 20 -- These items are self-explanatory.

k. WELL LOCATION (on the first page of form) -- Locate the well by county, and specify the 40-acre tract, section, township and range. Mark the diagram accurately to show the well location in the small square representing 40 acres. The written description and the plat location must agree.

(1) If two or more wells are located in the same 40 acres, a distance measurement between them must be shown; for example: "Smith No. 1 Well is 200' south and 100' west of Smith No. 2 Well".

(2) If the well is located in a resurvey lot or tract, please give the resurvey lot or tract number and the original survey section number, township and range. This information can usually be obtained from the County Clerk's Office.

(3) If the well is in a city, town, or platted subdivision, complete the information in the lower part of the WELL LOCATION block. Give the lot and block numbers, the name of the subdivision and its location; for example: "Lot 9, Block 6 of the North Hills Subdivision of Laramie County, NE ¼ NE ¼ Section 23, T.18N., R.69W."

(4) The location on a Statement of Completion for a permitted well must be identical with the location on the permit, or an explanation must be provided under "REMARKS".

(5) If any of the information contained on the application form is no longer correct (such as the applicants name, address, etc.) a notation should be made in the "REMARKS" portion of the Statement of Completion providing the State Engineer's Office with the correct, current information.

l. SIGNATURE -- The application form must be signed and dated. Only an applicant or his agent may sign the form. If the well is owned by more than one individual, only one need sign.

Section 5. Proof of Appropriation and Beneficial Use of Ground Water. (Form U.W. 8). The owner of the well is responsible for submitting Parts I and II of Form U.W. 8 – "Proof of Appropriation and Beneficial Use of Ground Water" and a Certificate of Ownership. Part II consists of the linen plat prepared by a licensed engineer or land surveyor or the quadrangle map, if it is appropriate. Part III will be prepared by a State Engineer representative at the time of field inspection. On Part I, the Water Division, U.W. District, Permit No., Date of Priority, Name (s) and address (es) of the applicant (s), and Name of Well will be entered in the State Engineer's Office before the Form U.W. 8 is sent to the well owner. Other items in Part I should be completed as follows:

a. ITEMS 1 and 2 -- These items should be as shown on the original permit and Form U.W. 6. If ownership has changed, an explanation should be provided.

b. ITEM 3 -- "For What Purpose(s) is Water Used?...." -- Each use, and the date that the water was first used for that purpose, should be noted in the proper blank space. If the use is irrigation, give the date that irrigation was completed on all lands under the permit.

c. SIGNATURE -- This form must be signed and dated by the owner or his agent. If the well is owned by more than one individual, only one need sign. If a company, corporation, agency, or municipality, is named as owner, a designated official must sign. The official's title or agent's title should be noted under the signature.

d. PART II -- Part II of Form U.W. 8 is a linen plat or in some instances, a quadrangle map, which has been certified by a licensed professional engineer or land surveyor. Instructions for preparing the linen plat or quadrangle map and examples are given in Chapters V and VI of this Manual.

History

Effective 1974-03-05

Chapter 4 Sample Formats

Wyo. Code R. 037.0004.4.03051974 Sample Formats

PART II.

CHAPTER IV.

SAMPLE FORMATS

The following chapter shows sample formats of all the forms dealing with obtaining a ground water right with the State Engineer's Office. All formats shown have been explained in detail in previous chapters.

PART II.

TEMPORARY WATER USE AGREEMENT

INSTRUCTIONS

1. This form is to be used for Agreements involving adjudicated and valid unadjudicated water rights.

2. All locations required to be given under this Agreement shall be described by legal subdivision, section, township and range.

3. The sketch map furnished should show the 1ocation of the ditch, pipeline or reservoir or well, the location of the source of supply of the appropriation involved and the location of the point of diversion, the location of the area of use, and a brief narrative giving a general description of the proposed temporary use.

4. One (1) fully executed Agreement shall be forwarded to the State Engineer's Office. Upon approval by the State Engineer a fully executed copy will be returned to the parties to the Agreement.

5. Required size of sketch map is 8½” x 11", 8½” x 14" or multiples thereof.

6. If applicable, the signatures of both husband and wife are required on the appropriation.

PART II.

WATER AGREEMENT

For Temporary Use of Water

PART II.

3. It is understood and agreed by the Appropriator that in order to satisfy the consumptive use-return flow formula set forth in Wyoming law, as it applies to direct flow appropriation, it will be necessary for the Appropriation to forego the use of up to double the amount of water diverted under this Agreement as specified in paragraphs 1 and 2, unless an adjustment is made in this requirement by the State Engineer.

4. Throughout the term of this Agreement the User agrees that day to day water withdrawals hereunder shall be in such nearly even quantities as possible to the end that waste thereof shall not be created either by the User or by the Appropriator.

5. The User agrees to furnish one (1) copy of a sketch map or any other map necessary for transmittal with this Agreement showing the User's proposed point of diversion, general layout of system and the proposed point of use, as well as location of the water right involved. The items to be depicted on said map shall be shown with reasonable accuracy within the proper legal subdivision, section, township and range.

6. For and in consideration of the water to be furnished under the terms of this Agreement, the User agrees that Appropriator shall receive in payment thereof ______ cents per M gallon, the foregoing to be full consideration for this Agreement and paid or performed by the User at its sole cost and expense.

7. This Agreement shall be in existence and binding upon the parties hereto for a term of ______________from and after the date of

approval by the State Engineer or until such time as the total amount of water contracted for has been supplied, whichever occurs first, but in no event shall exceed a period of two years from the date of approval by the State Engineer.

This Agreement is made pursuant to Chapter 193, Session Laws of Wyoming, 1971, authorizing the temporary acquisition of adjudicated or valid unadjudicated water rights for highway, railroad construction or repair, drilling operations or other temporary purposes by purchase, gift or lease by the User and providing for the method of said acquisition.

PART II.

History

Effective 1974-03-05

Chapter 5 Map Survey Requirements, Beneficial Use of Ground Water

Wyo. Code R. 037.0004.5.03051974 Map Survey Requirements, Beneficial Use of Ground Water

CHAPTER V

MAP AND SURVEY REQUIREMENTS FOR MAPS TO ACCOMPANY PROOF OF APPROPRIATION AND BENEFICIAL USE OF GROUND WATER

Section 1. Required Plats and Maps.

a. Linen plats conforming to the following requirements are required as Part II of the Proof of Appropriation and Beneficial Use of Ground Water for all wells with the exception of certain wells used for miscellaneous, domestic and stock watering purposes. (See Sections 2 through 18 of this Chapter for linen plat requirements) .

b. The plat for wells where the use is described as miscellaneous and where the yield or flow is twenty-five (25) gallons per minute or less may be a 7 ½ minute United States Geological Survey Quadrangle map in lieu of a linen tracing provided that the U.S. Geological Quadrangle is in compliance with the following conditions:

(1) The entire United States Geological Survey Quadrangle map must be submitted to the State Engineer's Office.

(2) The scale on said quadrangle map must be one to twenty-four thousand.

(3) An identified section corner or quarter corner must be shown on said quadrangle map along with section, township and range.

(4) The section in which the well is located and the section(s) where the area(s) or point(s) of use are located must be subdivided into forty (40) acre tracts and the well location and area(s) or point(s) of use clearly labeled and described.

(5) Black waterproof ink must be used for all information shown on these maps.

(6) All pipelines, storage facilities, etc., must be shown.

(7) Said quadrangle map showing the well location and area(s) or point(s) of use must be certified by a professional engineer or land surveyor licensed to practice within the State of Wyoming.

The above requirements also apply to wells used for domestic and stock watering purposes. (See page 62 for sample quadrangle map.)

Section 2. Responsibility. In all cases, the engineer or surveyor who signs an application or map will be held personally responsible for the correctness and completeness of his work, including the work done by those in his employ or under his direction.

Section 3. Accuracy. The accuracy of measurement required on all water right surveys shall conform in general to the principles set forth in the American Congress on Surveying and Mapping publication entitled "Technical Standards for Property Surveys". Measurements shall be made with instruments capable of attaining the required accuracy for the particular problem involved. The minimum accuracy of linear measurements involving ties to wells or other control points shall be 1/500, and the maximum allowable error in any tie, regardless of length, shall be 10 feet. Irrigated acreages in each subdivision should be accurate to the nearest 1/10 of an acre.

Section 4. Care. Care must be taken to determine and accurately locate the irrigable land. The boundaries of irrigable land should be meandered unless they follow section lines or regular subdivision lines of a section, or unless such boundaries can be accurately defined through the use of aerial photos.

Section 5. Corner Ties. The well, separator or sump must be located by course and distance from a corner of the public land survey.

Section 6. Latest Accepted Survey. The engineer or surveyor should obtain full information concerning the latest accepted survey (including protractions of unsurveyed areas) of any lands involved in a water right application, petition, or proof of appropriation and beneficial use of ground water. This information should be obtained from the office of the U.S. Department of the Interior, Bureau of Land Management, P.O. Box 1828, Cheyenne, Wyoming, 82001, or from county records or other sources of information, prior to making this survey or preparing the map.

Section 7. Field Notes. The State Engineer may require copies of field notes of surveys. The engineer or surveyor should keep a complete record of each survey made, including a print of the map, facts coming to his knowledge at the time, copies of all field notes, reports, and correspondence, in order that such evidence may be produced in the future if necessary.

Section 8. Aerial Photographs. Map information taken from aerial photographs may be used, with discretion, to supplement field surveys, but the location of public survey boundaries, the points of diversion of ditches, wells, and the extent and area of irrigable or irrigated lands must be determined by actual field surveys.

Section 9. Acceptable Materials.

a. All proofs of appropriation and beneficial use of ground mater must be accompanied by maps in duplicate; one of which must be on good quality tracing linen or equivalent. Original drawings prepared on polyester base films with a minimum thickness of 0.004 inch will be acceptable. This will include Estar, Cronaflex, and Mylar drafting films. Maps accompanying original applications must be neatly drawn in either black waterproof ink or acetate ink which will print clearly. Maps on which pencil, ball-point pen, or ink other than black has been used, will not be acceptable.

b. Maps to accompany enlargement applications or amendments of previous filings may be prepared by securing a duplicate original of the map already on file in the State Engineer's Office, and by making the necessary alterations and additions thereto. Duplicate originals, in order to be acceptable, must be on Mylar, Estar, Cronaflex, or equivalent drafting films with a matte surface designed to accept ink and with a minimum thickness of 0.004 inch.

c. Maps which have been folded will not be accepted.

Section 10. Sizes.

a. All linen plats must conform to one of the standard sizes listed. Linen plats prepared on sheets of any other size will not be accepted. If one sheet is not sufficient to show the proposed works, two or more sheets of the same size may be used. Keep all map information within the border line.

b. Loose-leaf books are in use for each size given below, and all linen plats are filed flat in order to preserve the record contained on them. Linen plats must be made on sheets of the following sizes and dimensions:

OVERALL DIMENSIONS MARGINS

Size Length Width Binding Side Other Sides

B 15" 10-3/4" 1-1/2" 1/4"

D 21-1/2" 15" 1-1/2" 3/8"

E 30" 21-1/2" 1-1/2" 1/2"

F 40" 35" 3/4" 3/4"

See pages 56 and 57 for pictorial representation of plat sizes and margin arrangements.

(1) The "F" size sheet is very unhandy to file and to use; consequently, it is preferred that the "B", "D", or "E" size sheets be utilized if possible. The preferred plat size for ground water plats is the "B" size. Statutory provisions also permit the use of size "A" which is 8-1/2 inches wide and 11 inches long; size "AA" which is 8-1/2 inches wide and 14 inches long; and size "C" which is 22 inches wide and 36 inches long. The State Engineer's Office, however, is not equipped with books for filing these sizes; therefore, the sizes included in the above tabulation are preferred.

Section 11. Arrangement. See Pages 60 through 61 for ideal arrangement of data. Attention is called to the necessity of placing the binding edge as indicated. Provide a 1"x 4" space for the State Engineer's endorsement, as shown on the sample plats. Orient the plat so the meridian is parallel to the binding edge, and, if possible, so the "north arrow" points to the top of the plat.

Section 12. Title. Always place the title in the lower right-hand corner. The title on the plat should conform with the names given in the accompanying petitions or proofs of appropriation and beneficial use of ground water. The title should include the names of all ditches, enlargements, reservoirs, pipelines, and/or wells which are directly involved in the petitions or ground water proofs. The names and addresses of the petitioners or permittees, and the scale of the plat should also be included in the title block. The permit numbers for the ground water rights involved must be shown.

Section 13. Scale. Location plats and maps must be drawn to a scale of not less than 2"=1 mile. Use a large enough scale to show all of the required information clearly. Show the scale used for all plats.

Section 14. Ties.

a. Ties must be shown on the plat from a corner of the public land survey to the well, separator, sump or pump location where pits are involved.

b. All distances must be shown in feet. Plats must be plotted to the true meridian, and bearings shown must be true bearings, reading less than 90° to the east or west from the north and south points.

Section 15. Information to be Shown.

a. The well must be shown in such a manner that its location stands out clearly, and the name must be shown. Sufficient detail of the conveyance system must be shown so that it is apparent as to how water will be conveyed to each subdivision. On ground water plats, it should be noted whether the system carries ground water, surface water, or both.

b. Entire sections must be shown in all cases. When any part of a section is involved in an application or petition, the entire section, subdivided into forties and lots, must be shown. Where lots or tracts are shown, they must be plainly labeled on the plat, and the entire lot or tract is to be shown. Homestead entries and mineral surveys are to be related to the nearest section to indicate their position in the township. In cases where the well is located within a recorded subdivision, an insert showing the well location within the section may be added.

c. Certificate of Engineer or Surveyor must be shown. An example is shown on page 54 and may be used as a general guide.

d. The location and acreage of all lands being irrigated in each subdivision must be shown on ground water plats.

(1) Such lands must be indicated on the plat by symbols or cross hatching.

(2) Lands under different permits must be shown by distinctively different crosshatching or symbols.

(3) The plat must contain a legend showing the kind of cross-hatching or symbols.

(4) Watercoloring wrinkles the linen and therefore must not be used.

(5) The lands shown on a ground water plat must be the actual acreage irrigated from the ground water source at the time of the survey.

e. On ground water plats, only the actual acreage irrigated from existing surface water sources should be shown. The source of the surface water must be identified. For example: "Jones Ditch conveys water from Sweetwater Creek." It is not necessary to research water right records; only to show what is actually in the field.

f. For secondary recovery operations, all injection wells, distribution lines and storage facilities are to be shown. If a separator is the source of the water, a tie to the separator must be provided.

Section 16. Pipelines, Gathering Systems, Etc. In situations where pipelines, gathering systems, etc., are contemplated or proposed, the State Engineer may require a plat prepared by a licensed engineer or land surveyor showing the proposed pipeline route and points of use.

Section 17. Additional Required Information. Plats for Proof of Appropriation and Beneficial Use of Ground Water are also required to show the following:

a. Storage facilities, if involved in the use of ground water, must be shown. Permits for sources of ground water used within the distribution system, but brought from outside the area shown on the map, must be identified by note.

b. If lands are owned by more than one party, or are owned by the State or Federal Government, such ownership must be clearly shown. Roads, railroads, and other important cultural features also should be shown, where practical.

c. The term "supplemental supply" does not apply to ground water. If more than one well irrigates the same land, or if both ground and surface water are applied to the same land, it is sufficient to reference the well names on the plat and to identify all wells in the title block. Acreage irrigated from surface water sources must be shown so as to reflect any use of surface water on the same lands covered by the ground water rights surveyed.

d. A blank area, at least 4 inches wide and 2 inches deep, must be left in the upper right-hand corner of the plat. Examples are shown on pages 60 and 61. This blank area, to be completed in the State Engineer's Office only, will be used to reference surface water rights as they are shown on existing records.

Section 18. Sample Plats and Maps. Pages 58 through 62 contain sample plats and maps prepared in accordance with the requirements of the State Engineer's Office, and should be used as guides in the preparation of plats and maps to be filed with the Proof of Appropriation and Beneficial Use of Ground Water.

History

Effective 1974-03-05

Chapter 6 Sample Linen Plats and Quandrangel Maps

Wyo. Code R. 037.0004.6.03051974 Sample Linen Plats and Quandrangel Maps

PART II.

CHAPTER VI.

SAMPLE LINEN PLATS AND QUADRANGLE MAPS

Section 1. Dimensions and Arrangement. Pages 58 through 60 contain sample plats and maps prepared in accordance with the requirements of the State Engineer's Office, and should be used as guides in the preparation of plats and maps to be filed with the Proofs of Appropriation and Beneficial Use of Ground Water - Form U.W. 8.

Section 2. Engineer's Certificate.

a. Certificate for plats and maps to accompany Proof of Appropriation and Beneficial Use of Ground Water - Form U.W. 8:

CERTIFICATE OF ENGINEER OR SURVEYOR

(1) All linen plats must have the following certificate:

STATE OF WYOMING )

) SS.

COUNTY OF _______ )

I, _______________________________________________ of ____________________________________________hereby certify that this plat was made from notes taken during an actual survey made by me on ______________, 19, (or made on _____________, 19, under my direction by _______________________, for whose work I stand personally responsible). Such survey is accurately represented on this plat, and correctly shows the location of the well(s) and acreage under irrigation at the time of the survey (or correctly shows the location of the well(s) and point(s) of use at the time of the survey).

(Signed) _____________________________ (Engineer or Surveyor)

Wyoming Registration No.__________ (Indicate -- PE and/or LS)

(2) All quadrangle maps must have the following certificate:

CERTIFICATE OF SURVEYOR

STATE OF WYOMING ) ) SS.

COUNTY OF _______ )

I, _______________________ of __________________ hereby certify that this map was made by _____________ __________ on _____________, 19, and correctly shows the location of the well(s) and point(s) and area(s) of use at the time this map was prepared.

(Signed) _____________________________ (Engineer or Surveyor)

Wyoming PE or LS No._____

NOTE: All certificates should also credit the use of information obtained from other sources where other sources are used. Care should be taken that certification indicates the source of all information shown on the map.

History

Effective 1974-03-05

Chapter 7 Petitions

Wyo. Code R. 037.0004.7.03051974 Petitions

CHAPTER VII

PETITIONS

Section 1. General Requirements.

a. All petitions pertaining to unadjudicated ground water rights must be filed with the State Engineer, State Office Building, Cheyenne, Wyoming, 82002.

b. All petitions pertaining to adjudicated ground water rights must be filed with the Board of Control, State Office Building, Cheyenne, Wyoming, 82002.

c. Petitions must be in the form of an affidavit and signed by the petitioner or his agent before a Notary Public or other officer authorized to administer oaths. A petition should contain the following information:

(1) Name of facility;

(2) Date of priority and permit number;

(3) Detailed reasons for proposed change;

(4) A clear statement of the amendment of change requested.

d. If the petition is by other than an individual, the authority of the petitioner or agent to present such petition must be satisfactorily shown and accompany the petition.

e. After approval, petitions are recorded in Miscellaneous Records of the State Engineer's Office. The recording fee is Two Dollars ($2.00) for the first page, and One Dollar ($1.00) for each subsequent page; this fee should accompany the petition.

f. The heading for all petitions should indicate the purpose of the petition, and identify the well and the permit to be changed or amended.

g. The opening statement for all petitions should identify the petitioner, show a mailing address, and give general introduction.

h. Petitions must clearly state that the appropriation being amended has been made within the terms of the permit. The petition must also assert that the appropriator is presently making beneficial use of the water right granted by the permit, or that the permit is in good standing if the construction or beneficial use has not been completed.

Section 2. Maps and Surveys.

a. Maps may not be required for most petitions concerning unadjudicated ground water rights. In some cases where complicated changes are proposed, a map may be required.

b. Maps must accompany all petitions requesting changes in adjudicated ground water rights except those petitions to correct a clerical error.

c. Maps must bear the certificate of a professional engineer or land surveyor licensed to practice in Wyoming.

d. The map title should refer to the petition and the petitioner, and indicate in the title the intended purpose of the petition.

e. Maps shall be prepared from field notes taken during an actual survey, which may be supplemented by information from aerial photographs and the records of the State Engineer and the State Board of Control.

Section 3. Petition for Change in Unadjudicated Ground Water Right.

a. An appropriator of ground water where the right has not been adjudicated may change the location of his well or replace his well, without loss of priority, to a point within the same aquifer, make acreage amendments, or correct errors in his original permit, by securing the approval of the State Engineer.

b. The requirement for surveys and maps (see Section 2 of this Chapter) may be waived if the change to be made is simple and can be adequately explained without a map. This generally will be true in the case of wells for domestic or stock purposes. For wells with other uses, if Part II (Plat) of Form U.W. 8, "Proof of Appropriation and Beneficial Use of Ground Water", has not yet been submitted, the map requirement also may be waived. However, the new well location or other change will have to be shown on the plat at the time that it is submitted.

c. The following are requirements for such a petition:

(1) HEADING -- Identify the well to which the changes apply, and show the date of completion and Underground Water District, if such apply.

(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give a general introduction.

(3) ITEM 1 -- Show that the petitioner is the present owner of the well to be changed. Describe the well completely, giving the name of the well; Permit, Statement of Claim, or Well Registration Number; date of filing; and the date the well was completed. Describe the location of the well by distances in the cardinal directions (north, south, east, and west) from the nearest Government Corner (section corner or quarter section corner); also show the legal subdivision in which the well is located. This information should be available from the Statement of Claim, Well Registration, or Ground Water Permit; otherwise it may be obtained from field measurement. (EVIDENCE OF OWNERSHIP MUST ACCOMPANY THIS PETITION.)

(4) ITEM 2 -- Describe the location to which it is desired to move or change the we11 (use method set forth above), and/or describe any other changes desired.

(5) ITEM 3 -- Describe the area(s) or point(s) of use. If for irrigation, describe the lands which were irrigated under the terms of the permit (or Statement of Claim or Well Registration), indicating whether or not the lands have been irrigated up to the present time.

(6) ITEM 4 -- Give the reason why the proposed change is desired.

(7) ITEM 5 -- Specify that the wel1 in its new location will be in the same underground basin and aquifer as its previous location. Include a statement that, subject to the allowance of the petition and completion of the new well, a Statement of Completion will be filed with the State Engineer, setting forth the usual data, and that the amount of water to be used from the new well will not exceed the amount of the original appropriation.

(8) ITEM 6 -- Specify that the old well will be properly abandoned and sealed.

(9) ITEM 7 -- State the amount of fees which accompany the petition. (IF THE PETITION IS TO BE RECORDED IN MISCELLANEOUS NOTICES INSTEAD OF MISCELLANEOUS RECORDS, NO FEE IS REQUIRED AND THIS PARAGRAPH MAY BE DELETED.)

(10) PRAYER -- State what is specifically desired by the petition.

d. The sample petition on page 66 (for change of location and name of a well) may be used as a guide for preparing a petition for change in unadjudicated ground water right.

PETITION FOR CHANGE IN LOCATION )

AND CHANGE OF NAME OF BECK NO. 1 ) BEFORE THE

WELL, PERMIT NO. U.W. 50, COM- ) STATE ENGINEER

PLETED JANUARY 3, 1948, LARAMIE ) CHEYENNE, WYOMING

UNDERGROUND WATER DISTRICT. )

STATE OF WYOMING )

) SS.

COUNTY OF ALBANY )

COMES NOW, John Doe of Box 451, Je1m, County of Albany, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:

1. THAT he is the owner of Beck No. 1 Well, recorded in the State Engineer's Office under Permit No. U.W. 50, filed April 30, 1947, completed January 3, 1948, and located at a point 1800 feet south and 354 feet west of the north quarter corner of Section 33, T.13N., R.73W., and situated in the SE1/4 NW1/4 of said Section 33, and is also the sole owner of the lands irrigated thereunder, as evidenced by the Certificate of Ownership from the County Clerk of Albany County, which accompanies this petition.

2. THAT it is desired to move the location of the Beck No. 1 Well, Permit No. U.W. 50, to a new location which is a point 1475 feet south and 4O feet west of the north quarter corner of Section 33, T.13N., R.73W., and situated in the SE1/4 NW1/4 of said Section 33. It is also desired that the replacement well be named the Doe No. 1 Well.

3. THAT the following lands were irrigated within the terms of Permit No. U.W. 50 and have been irrigated up to the time of failure of the Beck No. 1 Well:

Section 33, T.13N., R.73W.

40 acres – SE1/4 NW1/4

11 acres – NE1/4 NW1/4

7 acres – SW1/4 NE1/4

58 acres – TOTAL

4. THAT the reason for these requested changes is that the Beck No. 1 Well has failed due to casing collapse, and that John Doe is the new owner of the lands on which the water will be used.

5. THAT the Doe No. 1 Well at the new location will be within the same underground water basin as the original (Beck No. 1) well, and will draw water from the same aquifer, as nearly as can be determined. Subject to the allowance of this petition, a Statement of Completion and Description of Well form will be submitted to the State Engineer within 30 days after completion of the new well. The amount of water to be used from the new well will not exceed 450 gallons per minute, the amount of the original appropriation.

6. THAT the Beck No. 1 Well has been abandoned and will be completely plugged and capped according to standards set forth by the State Engineer.

7. THAT recording fees in the amount of $________ accompany this petition.

IT IS THE PRAYER of the petitioner that he be allowed to change the location of

the Beck No. 1 Well, Permit No. U.W. 50, without loss of priority, as set forth in Items 1

and 2 above; that the replacement well be called the Doe No. 1 Well; that a proper

endorsement be made on Permit No. U.W. 50, and that this petition be recorded in

Miscellaneous Records in the State Engineer's Office.

Respectfully submitted,

(Signed) _______________________________

JOHN DOE

The foregoing instrument is acknowledged before me this _____ day of

_______________________ ,19____ .

Witness my hand and official seal.

(Signed) _______________________________

Notary Public

My commission expires: _________________________

Section 4. Petition to Correct Errors and Misdescriptions.

a. A petition to correct errors and misdescriptions must be made by the owner of the lands or his agent. It must be accompanied by conclusive evidence to show that the change desired was caused by an error or misdescription. Maps may or may not be required, depending on the character of the error which is being corrected. A petition to correct errors and misdescriptions must meet the following requirements:

(1) HEADING -- State the purpose of the petition, identify the well by permit number and name.

(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction.

(3) ITEM 1 -- State that the petitioner is the sole owner of the well and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located, or assignment of well or other sufficient instrument if the petitioner is not the permittee of record.

(4) ITEM 2 -- Give the status of the permit, such as "Permit No. U.W. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."

(a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.

(5) ITEM 3 -- Describe the portion of the permit, as originally filed, in error.

(6) ITEM 4 -- Describe the desired correction.

(7) ITEM 5 -- State how the error occurred if this information is available.

(8) ITEM 6 -- State whether or not any other appropriator will be injured in any way by the correction or error in description.

(9) ITEM 7 -- State whether or not a map is necessary to accompany this petition.

(10) ITEM 8 -- Indicate the amount of fees which accompany this petition.

(11) PRAYER -- Set-out the prayer of the petitioner. The prayer of the petitioner should set-out the results the petitioner desires to accomplish.

b. The sample petition on page 70 may be used as a guide for preparing a petition to correct errors and misdescriptions.

PETITION TO CORRECT ERRORS ) BEFORE THE

IN PERMIT NO. U.W. 20123, ) STATE ENGINEER

THE JONES NO. 1 WELL ) CHEYENNE, WYOMING

STATE OF WYOMING )

) SS.

COUNTY OF CROOK )

COMES NOW, John Jones and Simon Smith, both of Beulah, County of Crook, State of Wyoming, who being duly sworn on oath according to law, do hereby make the following statement of facts and petition:

1. THAT they are the sole owners of Permit No. U.W. 20123, the Jones No. 1 Well, with a priority of October 12, 1958, and all the lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Crook County accompanying this petition.

2. THAT Permit No. U.W. 20123 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

3. THAT Permit No. U.W. 20123 and the accompanying map copy shows the Jones No. 2 Well, Permit No. U.W. 20124, supplying water to the 5 acres located in the NE1/4 NE1/4 Section 10, T.53N., R.64W.

4. THAT said Jones No. 2 Well does not irrigate these lands and that the lands are actually being irrigated by the Jones No. 1 Well.

5. THAT the petitioners do not know how such error in description occurred, but presume that it may have been made by the applicant for Permit No. U.W. 20123.

6. THAT no other appropriator from the same source of supply will be injured in any way by this correction of error in description in Permit No. U.W. 20123.

7. THAT a linen map will not accompany this petition as it appears unnecessary since the petition only prays for the correction of errors in the permit, and the original map showed the location properly except for the error in the name of source of supply and the number of the township.

8. THAT recording fees in the amount of $______ accompany this petition.

IT IS THE PRAYER of your petitioner that Permit No. U.W. 20123 and the original map be corrected by proper endorsement thereon; that a proper notation be entered on the record of Permit No. U.W. 20123 to correctly show the 5 acres in the NE1/4 NE1/4 Section 10, T.53N., R.64W. as being supplied by the Jones No. 1 Well and not the Jones No. 2 Well; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.

Respectfully submitted,

(Signed) _______________________________

JOHN JONES

(Signed) _______________________________

SIMON SMITH

The foregoing instrument is acknowledged before me this _____ day of

_________________________ ,19____.

Witness my hand and official seal.

(Signed) _______________________________

Notary Public

My commission expires: _____________________________

Section 5. Petition for Amendment of Description of Land.

a. Under the provisions of Section 41-213(A), Wyoming Statutes 1957, as amended by Section 1, Chapter 214, Session Laws of Wyoming 1961, the State Engineer is authorized, upon written petition of the owner, to amend any permit to appropriate water prior to the adjudication by the State Board of Control for the purpose of correcting errors or otherwise, when in his judgment such amendment appears desirable or necessary; provided the total area of lands may not exceed the area described in the original permit. A petition for amendment of description of land must meet the following requirements:

(1) HEADING -- State the purpose of the petition, identify the well by permit number and name.

(2) OPENING STATEMENT -- Identify the petitioner, show a mailing address, and give general introduction.

(3) ITEM 1 -- State that the petitioner is the sole owner of the well and the lands irrigated thereunder. This statement should be substantiated by a Certificate of Ownership of the County Clerk of the county in which the lands are located.

(a) If the lands are included in an Irrigation District, the co- petitioners should be the district, acting through its duly authorized agent and the owner of the well. The petition should state that the lands affected are within the district, and should specify the ownership.

(5) ITEM 3 -- State the reason a correction or amendment of land description is desired or necessary.

(6) ITEM 4 -- Describe the lands which are to be excluded from the permit.

(7) ITEM 5 -- Describe the lands which are to be substituted in lieu of the lands being excluded. The total area of the substituted lands cannot exceed the total area of the lands proposed to be excluded from the permit.

(8) ITEM 6 -- State whether or not any other appropriator will be injured.

(9) ITEM 7 -- The accompanying map should show accurately the location of the well, the location and extent of the lands proposed to be excluded from the permit, and the location and extent of the lands to be substituted in lieu thereof. The map must also show the means by which the substituted lands will be irrigated.

(10) ITEM 8 -- Indicate the amount of fees which accompany this petition.

(11) PRAYER -- Set-out the prayer of the petitioner. The prayer of the petitioner should clearly describe the requested amendment of description of land.

b. The sample petition on page 74 may be used as a guide for preparing a petition for amendment of description of land.

PETITION FOR AMENDMENT OF LAND ) BEFORE THE

DESCRIPTION IN PERMIT NO. U.W. ) STATE ENGINEER

20345, THE GREEN NO. 1 WELL ) CHEYENNE, WYOMING

STATE OF WYOMING )

) SS.

COUNTY OF SWEETWATER )

COMES NOW, Fred Smith of Green River, County of Sweetwater, State of Wyoming, and who being duly sworn on oath according to law, does make the following statement of facts and petition:

1. THAT the lands referred to in this petition are owned by Fred Smith as evidenced by the accompanying Certificate of Ownership.

2. THAT Permit No. U.W. 20345 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

3. THAT certain lands under Permit No. U.W. 20345, the Green No. 1 Well, with priority of February 26, 1959, owned by Fred Smith, have been flood irrigated.

4. THAT the lands referred to above as having been flood irrigated are described as follows:

Section 15, T.26N., R.98W.

6 acres – SW1/4 NE1/4

24 acres – SE1/4 NE1/4

40 acres – NE1/4 SE1/4

40 acres – NW1/4 SE1/4

35 acres – SW1/4 SE1/4

17acres – SE1/4 SE1/4

162 acres – TOTAL

5. THAT certain lands owned by Fred Smith, which are not included in the lands irrigable under Permit No. U.W. 20345, the Green No. 1 Well, may be irrigated and produce crops; these lands are described as follows:

Section 15, T.26N., R.98W.

5 acres – SW1/4 SE1/4

23 acres – SE1/4 SE1/4

28 acres – TOTAL

6. THAT it is desired to omit the 6 acres in the SW1/4 NE1/4 and the 24 acres in the SE1/4 NE1/4 of Section 15, T.26N., R.98W. from Permit No. U.W. 20345 and incorporate the acreage in Item 5. The reason being that it is more feasible to install a center pivot self-propelled sprinkler system.

7. THAT the exclusion of lands described in Item 4, and the inclusion of the lands described in Item 5 in lieu thereof in Permit No. U.W. 20345, the Green No. 1 Well, will not injure other appropriators from the same source of supply.

8. THAT a map in duplicate, prepared by John Smith, a licensed professional engineer of Rock Springs, Wyoming, showing the situation, accompanies this petition.

9. THAT recording fees in the amount of $______ accompany this petition.

IT IS THE PRAYER of the petitioner that some of the lands described in Item 4 be excluded from the irrigable lands described in Permit No. U.W. 20345, the Green No. 1 Well; that the lands described in Item 5 be included in lieu thereof, in the irrigable lands in Permit No. U.W. 20345; and that this petition be recorded in Miscellaneous Records in the State Engineer's Office.

Respectfully submitted,

(Signed)_____________________________

FRED SMITH

The foregoing instrument is acknowledged before me this _____ day of

______________________, l9.

Witness my hand and official seal.

(Signed) ______________________________

Notary Public

My commission expires:______________________.

- - -.

Section 6. Petition for Exchange of Water. The petition format to be followed for exchanges of water can be found in Chapter IX, Section 7 of the Manual of Surface Water Regulations and Instructions.

History

Effective 1974-03-05

Chapter 8 Contested Matters

Wyo. Code R. 037.0004.8.03051974 Contested Matters

CHAPTER VIII

RULES OF PRACTICE IN CONTESTED MATTERS

Section 1. Authority. These rules are promulgated by the State Board of Control and the State Engineer, as authorized by Section 2, Article 8, Wyoming Constitution, and Sections 41-154, 41-155, 41-164, 41-190, 41-211 (Section 1, Chapter 180, Session Laws of Wyoming 1965), and 9-276.19 (Laws 1965), Wyoming Statutes 1957.

Section 2. Definitions. The following definitions shall prevail in these rules:

a. BOARD - The State Board of Control.

b. CONTESTANT - Shall include any party instituting a contest of any petition, proof of appropriation of water, or filing a petition for abandonment of an adjudicated water right before the State Board of Control, the State Engineer, or a Water Division Superintendent.

c. CONTESTEE - Shall include any party filing a petition or proof of appropriation of water before the State Board of Control, the State Engineer, or a Water Division Superintendent, which is being opposed or contested.

d. HEARING OFFICER - The State Board of Control, the State Engineer, or a Superintendent acting as a presiding officer at a hearing.

e. ENGINEER - The State Engineer.

f. PRESIDENT - The State Engineer acting as President of the State Board of Control.

g. SUPERINTENDENT - Water Division Superintendent.

h. SECRETARY - Deputy State Engineer as Ex-officio Secretary of the State Board of Control.

Section 3. Applicability. These rules are applicable to all contested or adversary proceedings before the Board of Control or a Superintendent or the Engineer.

Section 4. Initiation. Contests shall be initiated in the manner prescribed by the Statutes cited in Chapter III of the Board of Control portion of the Manual of Regulations and Instructions.

Section 5. Notices and Service. Notices shall be as prescribed by the Statutes found in Chapter III of the Board of Control portion of the Manual of Regulations and Instructions and shall be served as therein provided. When private persons are the moving parties, other parties to the proceedings shall he given prompt notice of issues controverted in fact or law. When the hearing is initiated by the Hearing Officer, he may require responsive pleadings.

Section 6. Pleadings. Pleadings shall be those required by Statutes noted in Chapter III of the Board of Control portion of the Manual of Regulations and Instructions.

Section 7. Docket. When a proceeding becomes contested, the Hearing Officer, who is to hear the controversy, shall notify the Secretary of the names of the parties, the date of filing, and the nature of the controversy. The Secretary shall then assign it a number and enter the proceeding, with the date of its filing, on a separate page of a docket provided for such purposes. The Secretary shall establish a separate file for each such docketed case, in which shall be systematically placed all papers, pleadings, documents, transcripts and evidence pertaining thereto, and all such items shall have noted thereon the docket number assigned and date of filing.

Section 8. Form of Pleadings. The form of pleadings for contested cases shall be substantially as on the following page:

PLEADINGS

BEFORE THE STATE ENGINEER

STATE OF WYOMING

John Doe, )

)

Contestant, )

)

vs. ) Docket No. ______________

)

Harry Roe, )

)

Contestee, )

PETITION

(Answer, Motion, etc.)

STATE OF WYOMING )

) SS.

COUNTY OF _________________ )

Contestant states:

etc.

(Signed) _____________________________

Name typed or printed

Contestant (Contestee)

____________________________(Signed)

Name typed or printed

Address

Attorney for Contestant (Contestee)

Section 9. Default. In the event of the default of any party within the time allowed, provided service has been made as required and after due notice to both parties, the Hearing Officer, if he so desires, may order those parties in attendance to present their evidence. If the Hearing Officer determines that there is no material fact in issue, he need not hold the hearing. In either event, the contest will be brought before the State Engineer for consideration and appropriate action.

Section 10. Disposition of Case by Stipulation. Any case may be partially or finally disposed of by stipulation of the parties, approved by the State Engineer. An appropriate Order accordingly shall be entered in the case records.

Section 11. Pre-hearing Conference.

a. As authorized by Section 9-276.30 (a) and (b) (Laws 1965), Wyoming Statutes 1957, at a time on or before the day of the hearing in a contested case, the State Engineer or the Superintendent may direct the parties or their attorneys to consider:

(1) The simplification of the issues.

(2) The necessity or desirability of amending the pleadings.

(3) The possibility of obtaining admission of fact and of documents which will avoid unnecessary proof.

(4) Stipulations as to qualifications of expert witnesses.

(5) Such other matters as may aid in the disposition of the case.

b. Such conference shall be conducted informally. A memorandum will be prepared which recites the action taken at the conference, amendments allowed, agreements of the parties, and limiting the issues to those not disposed of by admission or agreements of counsel and the parties. The pre-hearing memorandum shall control the course of the hearing unless modified by the State Engineer to prevent manifest injustice.

Section 12. Motions. The Hearing Officer, after l0 days notice by him, may hear any motion filed in connection with contests to be heard by him. It shall be within his discretion as to whether such hearing shall be oral, or upon the exchange of briefs, or other writings, or a combination thereof.

Section 13. Hearing Before Full Board. Any hearing provided by law to be held before a Superintendent may, at the discretion of the State Engineer or the Board, be held before the full Board upon stipulation of the parties.

Section 14. Subpoenas. As authorized by Section 9-276.25(d) (Laws1965), Wyoming Statutes 1957, subpoenas for appearance and to produce books, papers or documents, will be issued by the Superintendent, Secretary or State Engineer, as appropriate, by written request.

Section 15. Hearing. After the issues shall have been defined, the State Engineer shall set a date for hearing and shall fix such date and notify all parties in interest of record of the date and place of hearing at least 15 days prior to the date thereof; or such notice as may be required by Statute, which notice may be given personally or by prepaid mail, or as required by Statutes found in Chapter III of the Board of Control portion of the Manual of Regulations and Instructions.

Section 16. Order of Procedure at Hearing. As nearly as may be practicable, hearings shall be conducted in accordance with the following order of procedure:

a. The Hearing Officer shall announce that the hearing is called to order to transact business and call by Docket Number and Title the case to be heard.

b. The Hearing Officer will briefly review the case and any evidence previously presented.

c. The Contestant will be allowed an opening statement to briefly explain his position and outline the evidence he proposes to offer, together with its purpose.

d. The Contestee will be allowed an opening statement, in the same manner as allowed Contestant.

e. The Contestant's evidence will be heard. Witnesses may be cross-examined by the Contestee. The Hearing Officer, or his advisors, may examine witnesses. Contestant's offered exhibits will be marked by letters of the alphabet, beginning with "A".

f. The Contestee's evidence will be heard in the same manner as allowed Contestant. Contestee's exhibits will be marked with numbers, beginning with "1".

g. The Hearing Officer, with the assistance of the Attorney General or member of his staff, will introduce any evidence required on behalf of the Board or Superintendent.

h. The Contestant may offer rebuttal evidence.

i. The Board, Superintendent or State Engineer, may in their discretion, allow evidence to be offered out of the order as herein prescribed. A witness will be permanently excused when all his testimony has been concluded and no good reason exists for his remaining in attendance.

j. Closing statements will be made in the following sequence:

(1) Contestant.

(2) Contestee.

(3) Contestant in rebuttal.

k. The Hearing Officer may recess the hearing as required.

l. Parties may tender briefs, or the Hearing Officer may call for such briefs as may be desirable.

m. After all interested parties have been offered an opportunity to be heard, the Hearing Officer shall excuse all witnesses not previously excused and declare the evidence closed. The evidence of the case may be reopened at a later date and before a final Order has been made, for good cause shown, by Order of the State Board of Control, upon motion of any party to the proceeding, the Superintendent, the State Engineer, or the Board.

n. The Hearing Officer will declare that the case is being taken under advisement and that findings and an Order will be announced. He will make such announcement as may be appropriate with respect to further disposition of the case.

Section 17. Witnesses at Hearings to be Sworn. All persons testifying at any hearing, before the Board, Superintendent or State Engineer, shall stand and be administered the following oath by the Hearing Officer:

"Do you swear (or affirm) that the testimony you are about to give in the matter now in hearing shall be the truth, the whole truth and nothing but the truth in this hearing now before the (Board, Superintendent, State Engineer)?"

Section 18. Applicable Rules of Civil Procedure to Apply. Proceedings before a Hearing Officer shall be conducted in accordance with the rules of practice and procedure contained in the Rules of Civil Procedure of the State of Wyoming, insofar as the same may be applicable and not inconsistent with the laws of the State of Wyoming, including the Administrative Procedure Act (Sections 9-276.19 through 9-276.33 (Laws 1965), Wyoming Statutes 1957), and those pertaining in particular to the State Board of Control, the State Engineer and the Superintendents of the Water Divisions. For the application of such Rules of Civil Procedure, the Deputy State Engineer is designated as the Clerk as in the relationship of a Clerk of Court to a Court.

Section 19. Attorneys. The filing of a pleading by an attorney constitutes his appearance for the party for whom the pleading is filed. The Board, Superintendent or State Engineer must be notified, in writing, of the withdrawal of an attorney from any case.

Section 20. Attorney General Present. In all contested matters before a Hearing Officer, the Attorney General or a member of his legal staff may be present to assist and advise.

Section 21. Taking of Testimony - Reporter. Where oral testimony of witnesses is taken in a contested case, before the Board, Superintendent or State Engineer, the testimony will be reported by a competent reporter who shall be satisfactory to the Board, Superintendent or State Engineer, or by other appropriate means. The compensation of such reporter for taking the testimony shall be paid as required by law or as ordered. A transcript of testimony for the record will be furnished, as required by law, to the Board, Superintendent or State Engineer.

Section 22. Compensation of Reporters. Reporters or stenographers will be allowed such compensation and fees for reporting or transcribing from an electronic device, testimony in contested cases before the Board, Superintendent or State Engineer, as may be lawful and proper.

Section 23. Decision, Findings of Fact, Conclusions of Law and Order. The State Engineer shall make a written decision and Order containing Findings of Fact and Conclusions of Law. Such decision and Order shall be made of record in the Office of the State Engineer and will, without further action, become the decision and Order in the case on the 15th day thereafter. Forthwith upon receipt, the State Engineer shall send a copy, by prepaid mail, to each party or his attorney.

Section 24. Appeals and Reserved Questions to District Court. Judicial review by the District Court, from decisions of the State Engineer, are governed by statute, and Rule 72.1 of the Rules of Civil Procedure, as amended and promulgated by the Supreme Court of Wyoming.

Section 25. Amendment of Rules. Any amendments to these rules shall become effective as provided by Sections 9-276.20 through 9-276.24 (Laws 1965), Wyoming Statutes 1957.

History

Effective 1974-03-05

62 Surface Water

Chapter 1 Procedure for Obtaining Surface Water Right

Wyo. Code R. 037.0006.1.03051974 Procedure for Obtaining Surface Water Right

The document referenced in the rules database link is not available in an electronic format. If you are in need of this rule, please contact the Secretary of State's Office at: Rules Registrar Wyoming Secretary of State's Office Ph. 307.777.7378 Email: Rules@wyo.gov

History

Effective 1974-03-05

Chapter 2 General Instructions

Wyo. Code R. 037.0006.2.03051974 General Instructions

History

Effective 1974-03-05

Chapter 3 Instructions for Preparing Surface Water Application Forms

Wyo. Code R. 037.0006.3.03051974 Instructions for Preparing Surface Water Application Forms

History

Effective 1974-03-05

Chapter 4 Water for Highway or Railroad Roadbed Construction or Repair, Drilling for Oil or Gas

Wyo. Code R. 037.0006.4.03051974 Water for Highway or Railroad Roadbed Construction or Repair, Drilling for Oil or Gas

History

Effective 1974-03-05

Chapter 5 Reservoirs

Wyo. Code R. 037.0006.5.05281980 Reservoirs

History

Effective 1980-05-28

Chapter 6 Special Applications

Wyo. Code R. 037.0006.6.03051974 Special Applications

History

Effective 1974-03-05

Chapter 7 Surveys

Wyo. Code R. 037.0006.7.03051974 Surveys

History

Effective 1974-03-05

Chapter 8 Maps

Wyo. Code R. 037.0006.8.03051974 Maps

History

Effective 1974-03-05

Chapter 9 Petitions

Wyo. Code R. 037.0006.9.03051974 Petitions

History

Effective 1974-03-05

Chapter 10 Storage of Direct Flow Rights

Wyo. Code R. 037.0006.10.03051974 Storage of Direct Flow Rights

History

Effective 1974-03-05

Chapter 11 Instruments and Procedures

Wyo. Code R. 037.0006.11.03051974 Instruments and Procedures

History

Effective 1974-03-05

Chapter 12 Contested Matters

Wyo. Code R. 037.0006.12.03051974 Contested Matters

History

Effective 1974-03-05

58 Water Well Drilling Contractors/Water Well Pump Contractors Board

Chapter 1 General Provisions

Wyo. Code R. 037.0002.1.04072015 General Provisions

Chapter 1

GENERAL PROVISIONS

Section 1. Authority. The State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors, hereinafter the "Board", is authorized by W.S. 33-42-101 through 33-42-117, hereinafter the "Act". Pursuant to W.S. 33-42-107, the Board shall from time to time adopt such rules and regulations consistent with the Laws of the State of Wyoming as may be deemed necessary in the performance of its duties.

Section 2. Statement of Purpose. These rules and regulations are adopted to implement the authority of the Board to provide licensure and standards of practice for licensed water well drilling contractors and licensed water well pump installation contractors in Wyoming and provide for enforcement and proper administration of the provisions of the Act.

Section 3. Definitions. In the Act and these rules, unless the context otherwise requires, the following definitions of terms shall apply:

(a) "Board" means the State Board of Examining Water Well Drilling Contractors and Water Well Pump Installation Contractors.

(b) "Direct communication" means that personnel at a job site and the license holder assuming responsibility for the job are able to exchange information during operations.

(c) "Direct Supervision" means that the work has been critically examined and evaluated for compliance with appropriate contracting standards by a license holder in that profession.

(d) "Equipping" means to install well caps, well seals or pit-less adapters.

(e) "Good moral character and repute" means the licensure applicant:

(i) Has not been convicted of a felony involving dishonesty, fraud, misrepresentation, embezzlement, theft, forgery, perjury, bribery or breach of fiduciary duty within five (5) years of application for licensure;

(ii) Is not currently incarcerated in a penal institution;

(iii) Has not engaged in fraud or misrepresentation in connection with the application for licensure or related examination;

(iv) If previously licensed in this state, or registered in another state, or foreign country, has not had their license/registration canceled, revoked, suspended or not renewed for cause within the last five (5) years of applying for licensure/registration;

(v) Has not been found by a court or any other state board of practicing without registration in another jurisdiction within the United States within two (2) years of application for licensure.

(f) "Gross negligence" means a substantial deviation in contracting from the standard of professional care exercised by members of the license holder's profession, or a substantial deviation from any technical standards issued by a nationally and/or state recognized contracting organization comprised of members of the license holder's profession, or a substantial deviation from requirements contained in state laws, Board regulations, local ordinances, or regulations related to the license holder's contracting practice.

(g) "Incompetence" means the lack of professional qualifications, experience, education or a combination thereof to undertake a contracting engagement or assignment.

(h) "License holder" means a person who has been granted Licensure or has been Licensed to practice as a water well drilling contractor or a water well pump installation contractor, or both

pursuant to the Act.

(i) "Other misconduct" means:

(i) Conviction of any crime reasonably related to the license holder's practice;

(ii) An adverse civil adjudication involving dishonesty, gross negligence, or incompetence;

(iii) Suspension or revocation of a contracting license or certification by this state or by any other jurisdiction;

(iv) Knowingly acting, or failing to act, in violation of any provisions of rules of the Act, rules of the Board, any Board Order, or any federal or state law or regulation, local ordinance, regulation, or code related the license holder's practice.

(j) "Resident" means a person who has maintained his/her primary residence in Wyoming and not claimed residence in any other state for one (1) year or more immediately prior to the filing of the application for licensure.

(k) "Test Pumping" means to temporarily pump a well, usually at the time of completion, to determine aquifer or well performance (e.g., drawdown, maximum efficient gallons per minute, specific capacity, etc.). Test pumping shall not exceed thirty (30) days.

(l) "Underground water" means any water, including hot water and geothermal steam, under the surface of the land or under the bed of any stream, lake or reservoir;

(m) "Water well drilling contractor" means any person responsible for or causing the construction or development of any water well for compensation or otherwise as provided by the Act;

(i) A water well drilling contractor may complete all steps required to prepare a new water well for the installation of a permanent pump, including equipping and test pumping.

(n) "Water Well Minimum Construction Standards" means the State of Wyoming, State Engineer's Office regulations and instructions, Part III, Revised February 2010, and subsequent revisions.

(o) "Water well pump installation contractor" means any person who is in the business of installing pumping equipment in water wells for compensation or otherwise as provided by the Act;

(i) A water well pump installation contractor may install pumping equipment in and develop and rehabilitate water wells, including equipping and test pumping.

(p) "Well" means any artificial opening in the ground for the production of groundwater or the disposal of water underground, including developed springs, test wells, monitoring wells, geothermal or heat exchange wells, drive points and excavations for the purpose of artificial recharge to the groundwater bodies or disposal of wastes. The term "well" does not include excavations made for the dewatering of construction sites, mines or oil and gas wells, and the prospecting for and removal of mineral products, nor wells for the production of the media for secondary oil recovery.

History

Effective 2015-04-07

Chapter 2 Meetings; Election of Officers

Wyo. Code R. 037.0002.2.11022022 Meetings; Election of Officers

Chapter 2

Organization

Section 1. Meetings; Election of Officers. Board meetings shall be held at least twice each year as follows:

(a) All meetings shall be held, at times and places designated by the Chairman or his designee.

(b) If an Officer resigns or vacates the position prior to the expiration of his/her term, the Board shall recommend a replacement to the Governor to serve the remainder of the term.

Section 2. Duties of Officers. The Chairman shall preside at all meetings, appoint committees of the Board, sign official documents and otherwise perform all duties ordinarily pertaining to the office of Chairman. Any board member or board designee, after reviewing the license application materials and receiving reports of passing scores on all required examinations, may sign licenses.

Section 3. Executive Director. The Executive Director works under the direction of the board and performs administrative and support work. The Executive Director's duties are:

(a) Facilitating the licensing of water well drilling contractors and water well pump installation contractors as required by the Act;

(b) Maintaining licensing records;

(c) Providing technical assistance and information to potential applicants and the general public concerning licensing requirements, procedures, and regulations;

(d) Coordinating license renewals;

(e) Reviewing initial and renewal applications and recommending approval or denial;

(f) Coordinating Board meetings;

(g) Coordinating and conducting investigations related to violations of the Act or these rules;

(h) Developing and monitoring Board budgets and fees and insuring the board operates within its budget authority;

(i) Reviewing and evaluating the Board program to provide for program enhancements;

(j) Drafting proposed changes in legislation relevant to Board operations;

(k) Leading a specific program, including planning, as well as program design, training, manual preparation, budget, functionality, and technical questions;

(l) Coordinating the overall objectives of the program, including long term recommendations based upon strategic plan and goals, and monitoring program effectiveness;

(m) Serving as hearing officer for contested case hearings, when needed;

(n) Supervising and evaluating temporary or contractual employees.

(o) Conducting inspections relating to possible violations of the Act or these rules;

(p) Maintaining a Board website and developing a Board newsletter.

History

Effective 2022-11-02

Chapter 3 Fees

Wyo. Code R. 037.0002.3.07112018 § 1 Application Fees

(a) Water Well Drilling Contractor application (resident) - $25.00

(b) Water Well Drilling Contractor application (non-resident) - $100.00

(d) Water Well Pump Installation Contractor application (non-resident) - $100.00

(e) The Board has determined that the costs of processing applications equal or exceed the application fees. Therefore, all application fees are non-refundable.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 2 Examination Fees

(a) Water Well Drilling Contractor (Wyoming) - $75.00

(b) Water Well Pump Installation Contractor (Wyoming) - $75.00

(d) Wyoming Specific Exam for Water Well Drilling Contractors - $75.00

(e) Wyoming Specific Exam for Water Well Pump Installation Contractors - $75.00

(f) Re-examination fees are the same as examination fees. Applicants shall pay all fees for testing provided by NGWA or other testing.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 3 License and Registration Fees

(a) Three (3) year Water Well Drilling Contractor - $200.00

(b) Three (3) year Water Well Pump Installation Contractor - $200.00

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 4 Renewal Fees

(a) Tri-Annual renewal fee - $200.00 per license.

(b) Inactive/retired renewal fee - $200.00

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 5 Payment of Fees

Payment of fees must be in United States dollars, and may be in cash, check or money order. If a check is returned for insufficient funds, repayment, including payment of a returned check charge as provided in W.S. 1-1-115, shall be in cash or by money order or certified check.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 6 Delinquency Penalty

The fee for late renewal is fifty ($50.00) dollars.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.3.07112018 § 7 Renewal Periods

The first renewal will be due by December 31 of the third year after initial licensure. Renewed licenses expire on December 31 of the third year following issuance. An expired license may be renewed by submitting a complete renewal application, the renewal fee and the late fee prior to the first day of February following the date of expiration.

2-1

History

Effective 2018-07-11

Chapter 4 Licensure

Wyo. Code R. 037.0002.4.04072015 Licensure

Chapter 4

LICENSURE

Section 1. Application Requirements for Water Well Drillers and Water Well Pump Installers.

(a) All individuals seeking licensure must be at least 18 years old. Applicants seeking licensure in well construction or pump installation shall complete the application form. If the application does not contain space for the information submitted, the applicant may securely attach additional sheets to the form. In addition, all applicants shall provide:

(i) Evidence that the applicant has a general working knowledge of well construction and/or pump installation procedures through certification by the NGWA in the branch or discipline for which Wyoming licensure is being requested, or proof of having successfully completed a general and at least one specialty exam administered by NGWA or other exams approved by the Board.

(ii) Evidence of coverage under a general liability insurance policy in an amount of not less than three hundred thousand dollars ($300,000).

(iii) Submit required fees.

(b) If the application is complete and in the proper form, and the Application Review Committee (ARC) is satisfied that all statements on the application are true and that the applicant is eligible in all other respects to be licensed in the field for which the applicant has applied, it shall certify the applicant as eligible to take the Wyoming examination. If the ARC is not satisfied that all of the statements on the application are true or that the applicant is not eligible in all respects for examination, it may cause a further investigation to be made of the applicant. The Board will notify the applicant thirty (30) days prior to the examination that his/her application and evidence submitted for licensure is satisfactory and accepted or unsatisfactory and rejected.

(c) If the applicant makes no attempt to complete a rejected application within six (6) months from the date of seeking licensure and has not requested a hearing as provided in Chapter 7, his application will be cancelled with neither prejudice nor refund of fee.

(d) An applicant may withdraw an application for licensure by written request to the Board. Such withdrawal shall be allowed, with neither prejudice nor refund of the application fee.

Section 2. Examinations.

(a) Wyoming examinations shall be given according to a schedule established by the Board.

(b) Water Well Drilling Contractor Examinations - A series of three (3) separate examinations may be required to be taken by applicants seeking licensure as a Water Well Drilling Contractor. They are as follows:

(i) Two exams, administered by the National Ground Water Association (NGWA) or other exams approved by the board, including:

(A) A general exam which tests the applicant's general knowledge of groundwater and the groundwater industry; and

(B) A specialized category exam which tests the applicant's knowledge in a selected field.

(ii) A Wyoming exam which tests the applicant's knowledge of Wyoming laws, rules, and regulations governing groundwater in the State.

(iii) Applicants who are currently licensed in states other than Wyoming are only required to take the Wyoming Specific Exam for General Contractors. All other applicants must take all three exams.

(c) Water Well Pump Installation Contractor Examinations – A series of three (3) separate examinations may be required to be taken by applicants seeking licensure as a Water Well Pump Installation Contractor. They are as follows:

(i) Two exams, administered by the NGWA or other exams approved by the board, including:

(A) A general exam which tests the applicant's general knowledge of groundwater and the groundwater industry; and

(B) A specialized category exam which tests the applicant's knowledge in a selected field.

(ii) A Wyoming exam which tests the applicant's knowledge of Wyoming laws, rules, and regulations governing groundwater in the State.

(iii) Applicants who are currently licensed in states other than Wyoming are only

required to take the Wyoming Specific Exam for General Contractors. All other applicants must take all three exams.

(d) All Wyoming examinations are given at the times and places determined by the Board. Unless otherwise established by the Board, complete applications must be filed a minimum of fifteen (15) days prior to any regularly scheduled Board meeting. Applicants or materials received after the cutoff date will be processed for the next Board meeting.

(e) When an applicant has paid the proper fee but is unable to take the first scheduled examination, he may request in writing, a minimum of fifteen (15) days prior to the examination date, an extension that will permit the applicant to take the next scheduled examination without submitting a re-examination fee. A request for an extension beyond the next scheduled examination will not be considered except for reasons of hardship, such as substantiated serious illness or absence from the country.

(f) Applications for admittance to the examination may be denied by the Board for any of the following reasons:

(i) If the examination or re-examination fee is not received on or before the specified date; or,

(ii) If an applicant fails to successfully complete all parts of the application; or,

(iii) If an applicant fails to comply with any provision of W.S. 33-42-108 or these rules concerning applications.

(g) Access and review of examinations shall be allowed only to those individuals who have failed the examination. The review shall be held not more than one (1) year following the date of examination. Applicants may review their examinations by making prior arrangements with staff.

Section 3. Water Well Driller Contractors License Requirements.

(a) An applicant for licensure as a water well driller shall be of good moral character and repute, and meet the examinations and other requirements of this rule.

(b) An applicant shall take and pass the Wyoming licensure examination offered in water well drilling with a minimum score determined by the Board. The examination is administered by the Board or a designated representative.

(c) An applicant shall have in place and be covered at all times when providing well drilling services by a minimum of three hundred thousand dollars ($300,000) in general liability insurance.

Section 4. Water Well Pump Installers Contractors License Requirements.

(a) An applicant for licensure as a water well pump installer shall be of good moral character and repute and meet the examinations and other requirements of this rule.

(b) An applicant shall take and pass the Wyoming licensure examination offered in water well pump installation with a minimum score determined by the Board. The examination is administered by the Board or a designated representative.

(c) An applicant shall have in place and be covered at all times when providing water well pump installation services by a minimum of three hundred thousand dollars ($300,000) in general liability insurance.

History

Effective 2015-04-07

Chapter 5 Rules of Professional Conduct

Wyo. Code R. 037.0002.5.11022022 Rules of Professional Conduct

Chapter 5

REGULATORY PROVISIONS

Section 1. Rules of Professional Conduct.

(a) All license holders shall comply with the following standards, requirements, or procedures:

(i) A license holder shall not submit any materially false statements or fail to disclose any material facts requested in connection with an application for licensure or in connection with a board investigation or inspection;

(ii) A license holder shall not engage in fraud, deceit, misrepresentation, concealment of material facts, or failure to disclose a material fact in advertising, soliciting or providing services to members of the public;

(iii) A license holder shall not engage in fraud, deceit, misrepresentation, concealment of material facts, or failure to disclose a material fact in providing information to the State Engineer's Office or the Board.

(iv) A license holder shall not misrepresent or provide false information on any form submitted to the State Engineer's Office or the Board.

(v) A license holder shall comply with all federal, state, and local building, fire, safety, and real estate and any other laws, codes, ordinances, or regulations pertaining to the license holder's professional practice. A license holder shall not provide any services in violation of any such laws, codes, ordinances, or regulations;

(vi) A license holder shall not knowingly commit bribery as prescribed in W.S. 6-5- 102 or violate any federal statute concerning bribery;

(vii) A license holder shall not violate any state or federal criminal statute involving fraud, misrepresentation, embezzlement, theft, forgery or breach of fiduciary duty, where the violation is related to the license holder's professional practice;

(viii) A license holder shall apply the technical knowledge and skill which would be applied by other qualified license holders who practice the same profession;

(ix) A license holder shall not accept an assignment where the duty to a client or the public would conflict with the license holder's personal interest or the interest of another client without full disclosure of all material facts of the potential conflict to each person who might be related to or affected by the project or engagement in question;

(x) Except as otherwise provided by law, code, ordinance, or regulation, a license holder may act as the prime contractor for a given project and select collaborating contractors; however, the license holder shall perform only those services for which the license holder is qualified;

(xi) A license holder shall not provide services as a water well drilling contractor as defined in Chapter 1, Section 3(k) or a water well pump installation contractor as defined in Chapter 1, Section 3(m) if not covered under a three hundred thousand dollar ($300,000.00) or greater general liability policy;

(xii) A license holder shall report any change of employer or change of address to the Board Office no later than two weeks after the change occurs;

(xiii) A license holder overseeing the job and assuming liability for the water well drilling or water well pump installation shall have direct communication with the water well drilling or water well pump installation site during all drilling or pump installation operations, and;

(xiv) A license holder shall provide information requested by the Board regarding a complaint, investigation, or inspection in a timely manner and no later than as requested by the Board.

(xv) A license holder shall cooperate with any inspection deemed necessary by the board to enforce compliance with the water well minimum construction standards and related rules and regulations promulgated by the State Engineer's Office, or as part of a complaint or investigation.

(b) Failure to comply with any provision of this section shall be deemed to be evidence of gross negligence, incompetence, or other misconduct.

History

Effective 2022-11-02

Chapter 6 Application Review, Complaints and Hearing Procedure

Wyo. Code R. 037.0002.6.07112018 Application Review, Complaints and Hearing Procedure

Chapter 6

Application Review, Complaints, and Hearing Procedures

Section 1. Application Review Process.

(a) Upon receipt of a completed application, the Board Office shall review the application and if it is complete and, if there is no known grounds for denial of the license requested, issue the license. If there are known grounds for denial, the Board Office shall forward the application to the Application Review Committee (ARC).

(b) The ARC shall review the application and all other information available and following the review may:

(i) Approve the application if the applicant meets all requirements; or

(ii) If there are questions as to whether denial is appropriate, forward the application and an ARC report to the Assistant Attorney General assigned to the Board for prosecution to review.

(i) A preliminary denial letter shall be sent to applicant. The letter shall:

(A) State the basis for the denial including relevant statutes and rules; and

(B) Advise the applicant of the right to request reconsideration.

(ii) If the applicant fails to request reconsideration in writing within 30 days of the date of the preliminary denial letter, the preliminary denial becomes final.

(iii) If the applicant requests reconsideration within thirty (30) days, a reconsideration conference shall be held with the ARC, the Assistant Attorney General, and the applicant.

(iv) Following a reconsideration conference, the ARC shall either approve or deny the application.

(v) If denied, the applicant must submit a written request for a hearing within thirty (30) days of the date of the denial letter.

(d) Application denial hearings

(i) An application denial hearing is a formal contested case hearing conducted pursuant to the Wyoming Administrative Procedure Act.

(ii) The hearing is to be conducted in the presence of a quorum of the board, with a hearing officer presiding.

(iii) The applicant has the burden of proving that he/she meets all requirements for the license requested.

(e) The ARC shall not take part in the consideration of any contested case.

(f) The ARC shall not, by this rule, be barred from attending any denial hearing.

Section 2. Complaints.

(a) A disciplinary action is initiated against a license holder by submitting a written complaint to the Board office. A complaint concerning an alleged violation of the Act or Board Rules may be submitted by any person or entity, a Board member, or a Board staff member. The written complaint should provide as much of the following information as may be available and applicable:

(i) The name and address of the complainant;

(ii) The name, address, place of employment, and telephone number of the license holder against whom the charges are made;

(iii) The specific conduct alleged to constitute the violation;

(iv) The name and address of any other witnesses; and

(v) The signature of the complainant.

Section 3. Review of Written Complaint.

(a) Written complaints shall initially be investigated by Board staff and then referred to an Investigative Board Member (IBM) selected by Board staff from a rotating schedule. License holders against whom charges are made will be immediately advised of the investigation and the nature of the complaint, and will be advised of the name of the IBM when he/she is appointed.

(i) The IBM shall not take part in the consideration of any contested case.

(ii) The IBM shall not, by this rule, be barred from attending any disciplinary hearing.

Section 4. Investigations and Board Action. The IBM and Board staff shall continue to investigate those written complaints received which merit further investigation.

(a) Upon completion of the investigation the IBM shall:

(i) Dismiss the complaint if it finds no evidence of violation of the Act or Board rules; or

(ii) Prepare an investigative report which shall include:

(A) The findings;

(B) A list of statutes and/or Board rules believed to have been violated; and

(b) The IBM shall review the investigative report, forward the report and his/her recommendations to the Assistant Attorney General assigned to the Board for prosecution, and consult with the Assistant Attorney General.

(i) Send the notice required by Section 5;

(ii) Prepare and file a formal petition and notice of hearing setting the matter for a contested case hearing before the Board;

(iii) Recommend the Board accept an offer of conditional terms for settlement, which may include educational courses;

(iv) Recommend the Board dismiss the complaint.

(d) The Board may resolve a complaint by:

(i) Accepting a voluntary surrender of a license;

(ii) Accepting conditional terms for settlement;

(iii) Dismissal.

Section 5. Service of Notice and Opportunity to Show Compliance. Prior to commencement of a formal hearing, the IBM shall give notice by mail to the license holder of the facts or conduct which warrants his/her intended action. The notice shall give the license holder an opportunity to show compliance with all lawful requirements for retention of the license within twenty (20) days of the mailing of the notice. Such notice shall be sent to the license holder's last known address both by certified mail with return receipt requested and by first class mail.

Section 6. Formal Hearing Procedures.

(a) Incorporation by Reference.

The State Board of Examining Water Well Drilling Contractors & Water Well Pump Installation Contractors has determined that the incorporation of the full text of the rules identified in subsection (d) of this section would be cumbersome or in efficient given the length or nature of the rules.

(b) This incorporation by reference does not include any later amendments or editions of the incorporated matter beyond the effective date identified in subsection (d) of this section.

(c) The rules identified in subsection (d) of this section are maintained at 2219 Carey Ave., Cheyenne, WY 82002, and are available for public inspection and copying at cost at the same location.

(d) The following rules are incorporated by reference:

Chapter 2 - Uniform Rules for Contested Case Practice and Procedure, adopted by the Office of Administrative Hearings and effective on July 20, 2017, found at: https://rules.wyo.gov/Search.aspx?

2-1

History

Effective 2018-07-11

Chapter 7 Continuing Professional Competency

Wyo. Code R. 037.0002.7.09012015 Continuing Professional Competency

Chapter 7

CONTINUING PROFESSIONAL COMPETENCY

Section1. Statement of Purpose. The continuing professional competency guidelines are set forth below for the purpose of providing consistency in those jurisdictions that adopt mandatory requirements or for those jurisdictions that wish to encourage voluntary usage. The purpose of the continuing professional competency requirement is to demonstrate a continuing level of competency of water well drilling contractors and water well pump installation contractors.

Section 2. Introduction. Every license holder shall meet the continuing professional competency requirements of these regulations for professional development as a condition for licensure renewal as authorized by W.S. 33-42-107.

Section 3. Definitions. Terms used in this section are defined as follows:

(a) Continuing Professional Competency (CPC) Unit – A contact hour (nominal) of instruction or presentation. The common denominator for other units of credit.

(b) College/Unit Semester/Quarter Hour – Credit for approved course or other related college course approved in accordance with article (d) of this section.

(c) Course/Activity – Any qualifying course or activity with a clear purpose and objective which will maintain, improve, or expand the skills and knowledge relevant to the license holder's field of practice.

(d) Dual License Holder – A person who is licensed as both a water well drilling contractor and water well pump installation contractor.

(e) Inactive/retired license - a license holder may place their water well drilling and/or water well pump installation license on "inactive" status upon filing the board approved renewal form and paying the required fees to the board prior to the February 1st grace period deadline.

Section 4. Requirements. All license holders renewing their license will be required as a condition of renewal, to have completed eighteen (18) CPC units in each renewal period. All inactive/retired licenses shall be exempt from the continuing professional competency requirement.

(a) Each Water Well Driller's License renewal shall require nine (9) CPC Units from within subsection (d)(I), (d)(ii) and/or (d)(iii) described below and directly pertaining to water well construction.

(b) Each Water Well Pump Installer's License renewal shall require nine (9) CPC Units from within subsection (d)(I), (d)(ii) and/or (d)(iii) described below and directly pertaining to water well pump installation.

(d) (ii), and/or (d)(iii) described below with six (6) units directly pertaining to water well construction, and six (6) units directly pertaining to water well pump installation.

(d) CPC units may be earned by the following Course/Activities:

(i) Successful completion of college courses;

(ii) Successful completion of continuing education courses;

(iii) Presenting or attending qualifying seminars, in-house courses, workshops or professional or technical presentations made at meetings, conventions or conferences;

(iv) Successful completion of correspondence, televised, videotaped, audio taped, and other short courses/tutorials;

(v) Teaching or instructing in (i) through (iv) above;

Section 5. Units. The conversion of other units of credit or CPC units is as follows:

(a) One (1) college or unit semester hour 10 CPC units.

(b) One (1) college or unit quarter hour =10 CPC units.

(d) One (1) contact hour of professional development in course work, seminars, or professional or technical presentations made at meetings, conventions or conferences = 1 CPC unit.

(e) Teaching any class directly related to water well construction or pump installation = 2 CPC units per year.

(f) Active participation in professional and technical society (each organization) = 2 CPC units per renewal cycle.

Section 6. Determination of Credit. The Board has final authority with respect to approval of courses, credit, CPC value for courses, and other methods of earning credit.

(a) Credit for college or community college approved courses will be based upon course credit established by the college.

(b) Credit for qualifying seminars and workshops, will be based on one CPC unit for each hour of attendance. Attendance at qualifying programs presented at professional and/or technical society meetings will earn CPC units for the actual time of attendance at each program.

Section 7. Record keeping. The responsibility of maintaining records to be used to support credits claimed is the responsibility of the license holder. Records required include, but are not limited to: 1) A log/diary showing the type of activity claimed, sponsoring organization, location, duration, instructor's or speaker's name, and CPC credits earned; 2) Attendance verification records in the form of completion certificates, receipts, or other documents supporting evidence of attendance: These records must be maintained for a period of three (3) years following renewal and copies may be requested by the Board for audit verification purposes.

Section 8. Exemptions. A license holder may be exempt from the CPC requirements for one of the following reasons:

(a) A license holder serving on temporary active duty in the armed forces of the United States for a period of time exceeding one hundred twenty (120) consecutive days in a year shall be exempt from obtaining the continuing professional competency required during that year.

(b) License holders experiencing physical disability, illness, or other extenuating circumstances as reviewed and approved by the Board may be exempt. License holders who believe that they are eligible should contact the Board office for requisite documentation required to substantiate the claim.

(c) License holders who list their status as "retired" or "inactive" on the Board approved renewal form and who further certify that they are no longer receiving any remuneration from providing water well drilling and/or water well pump installation shall be exempt from the continuing professional competency required for that renewal period. In the event such a person elects to return to active water well drilling and/or water well pump installation, the required renewal continuing professional competency hours must be earned before returning to active practice.

Section 9. Reinstatement. A license holder may bring an inactive or retired license to active status by earning all delinquent CPC units.

Section 10. Comity/Out-of-Jurisdiction Resident. License holders who are residents of jurisdictions other than Wyoming must satisfy the CPC requirements of Wyoming.

Section 11. Forms. All renewal applications will require the completion of a continuing education form specified by the Board outlining CPC credit claimed. The license holder must supply sufficient detail on the form to permit audit verification, must certify and sign the continuing education form, and submit the form with the renewal application and fee.

History

Effective 2015-09-01

Chapter 9 Procedures, Fees, Costs, and Charges for Inspecting, Copying and Producing Public Records

Wyo. Code R. 037.0002.9.07112018 § 1 Authority

These rules are promulgated under the Department of Administration and Information's rule-making authority established by W.S. 16-4-204(e).

History

Effective 2018-07-11

Wyo. Code R. 037.0002.9.07112018 § 2 Purpose

. The Department of Administration and Information hereby establishes uniform procedures, fees, costs, and charges for inspection, copies, and production of public records.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.9.07112018 § 3 Definitions

(a) "Applicant" is the person that is making the public records request.

(b) "Clerical/support staff" are employees who generally perform office or administrative support duties. Clerical/support staff employees include secretaries and administrative assistants.

(c) "Electronic public record" is a public record that is primarily or solely stored in an electronic format. Typically, the custodian will only be able to produce a copy of the original electronic public record due to the native format, security, and integrity of the original data or electronic record.

(d) "Information technology staff" are employees who perform duties relating to retrieving, compiling, constructing, formatting, or extracting electronic public records located on computer systems, software, servers, or networks. Information technology staff employees may also perform computer programming or other computer services relating to electronic public records.

(e) "Professional staff" are employees who are not clerical/support or information technology staff as defined herein. Professional staff employees perform administrative, managerial, or professional duties.

(f) "Supervise copying" as stated in section 5(b)(viii) occurs if someone other than the custodian is allowed under W.S. 16-4-204(b) to make copies, printouts, or photographs. Under W.S. 16-4-204(b), the custodian is authorized to charge a reasonable fee to supervise the copying, printing out, or photographing if someone other than the custodian makes the copies, printouts or photographs. The supervision fee shall be the hourly rates stated in section 4(c)(i) through (iii). For instance, if clerical/support staff is required to supervise the copying, printing out, or photographing, the hourly rate will be $15.50.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.9.07112018 § 4 Electronic Public Records

(a) Production and Construction Costs. Under W.S. 16-4-202(d)(i), a custodian shall charge an applicant the reasonable costs of producing and constructing a copy of an electronic public record for inspection and copying. This cost may include, but is not limited to, the time spent retrieving, compiling, sorting, reviewing, redacting, formatting, converting, or copying the electronic public record, as well as activities required to create or construct a new electronic public record from existing data sources and all associated programming and computer services.

(b) Minimum Requirement to Charge Costs. Production and construction costs will be charged only if they exceed $180.00. If the costs exceed $180.00, the initial $180.00 will be a credit and not charged to the applicant. If electronic production and/or construction costs for a request total $180.00, the applicant will not be charged any costs for production and/or construction of said electronic records. If, for example, the production and/or construction costs for a request total $200.00, the applicant will be charged $20.00. The initial $180.00 is a credit upon the total amount charged for the production and/or construction of electronic records. Applicants may not use multiple record requests to evade this $180.00 threshold. The custodian has discretion to consolidate public records requests that he or she reasonably believes have been drafted and submitted to evade this $180.00 threshold.

(c) Production and Construction Costs. Production and construction costs for electronic public records shall be as follows:

(i) $15.50/hour for clerical staff time.

(ii) $30.00/hour for information technology staff time.

(iii) $40.00/hour for professional staff time.

(iv) Actual cost of programming and computer services.

(d) Payment. The custodian must provide the applicant with an estimate of the reasonable costs of production and construction of the electronic public records. The applicant must pre-pay the estimated costs before the custodian produces or constructs the electronic public records or provides any copies for inspection. Payment shall be made to the custodian. If the custodian reaches the limit of the payment by the applicant, the custodian will produce the records that are ready and available at that point and will provide an additional estimate pursuant to this subsection prior to continuing with the request.

(e) Refund. If a custodian estimates and receives costs exceeding the actual time required to produce and construct the electronic public records, the custodian shall refund the excess charge received at the same time that he allows the applicant to inspect the electronic public records.

(f) Inspection. The custodian shall notify the applicant in writing when copies of the electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(g) Request Priority. Requests that are at or below the $180.00 threshold will be handled expeditiously by the custodian and will take priority over other public record requests that are above the threshold.

(h) Costs for Producing Copies. The fee schedules described in Section 5(b), (d), and (e) apply to electronic public records.

History

Effective 2018-07-11

Wyo. Code R. 037.0002.9.07112018 § 5 Non-Electronic Public Records

(a) Inspection. The custodian shall notify the applicant in writing when copies of the non-electronic public records are produced and available for inspection. The applicant shall have one month from the time the custodian provides notification to come to the custodian's designated location to inspect the records. After the one month time period, the request shall be officially closed.

(b) Fees for Copying Non-Electronic Public Records. Under W.S. 16-4-204, an applicant may obtain a paper copy of a non-electronic public record upon payment as follows:

(i) Standard (8.5 by 11 inch) - Black and White Copy. - $0.10/page

(ii) Standard (8.5 by 11 inch) - Colored Copy. - $0.60/page

(iii) Legal (8.5 by 14 inch) - Black and White Copy. - $0.25/page

(iv) Legal (8.5 by 14 inch) - Colored Copy. - $1.00/page

(v) Other sheet size. - Actual Cost

(vi) Photograph. - Actual Cost

(vii) Utilization of an outside vendor for copying. - Actual Cost

(viii) Custodian's fee to supervise copying. - See section 4(c)(i) through (iii)

(ix) Special instances, i.e. film. - Actual Cost

(c) Payment. The applicant shall pre-pay the fees in section 5(b) before the custodian provides the copies, if requested. Payment shall be made to the custodian.

(d) Costs for Producing Electronic Copies. An applicant may obtain an electronic copy of a non-electronic public record upon payment as follows:

(i) Scanning non-electronic public records. - $0.10/page

(ii) Electronic Media (disk, thumb drive, etc.). - Actual Cost

(e) Fees for Transmitting Public Records. The custodian may charge the following fees for transmitting non-electronic public records:

(i) Mailing, including cost of the shipping container. - Actual Cost

(ii) Facsimile. - Actual Cost

History

Effective 2018-07-11

65 Water Well Minimum Construction Standards

Chapter 1 Purpose

Wyo. Code R. 037.0009.1.04062010 Purpose

WATER WELL MINIMUM CONSTRUCTION STANDARDS

CHAPTER 1

PURPOSE

Section 1: Purpose and Scope.

(a) The State Engineer, having general supervision of the waters of the state, is authorized under Section 41-3-909 of the Wyoming Statutes to establish standards for construction of water wells to protect the use of the state's ground water resources. The enactment of federal and state environmental quality law and fostering of safe and clean water policy has prompted enhanced well head protection measures against contamination of ground water resources.

(b) Every well constructed or repaired with a withdrawal of well casing after the adoption of these standards must comply with them. Any deviation from these standards must be approved in writing by the State Engineer or his designee.

(c) It is the joint responsibility of the drilling and/or pump contractor(s) and well owners(s) to comply with these standards. Further, the well owner(s) must maintain a well in a condition so that it does not contribute to contamination (pollution) of the ground water supply.

(d) If compliance with these Water Well Minimum Construction Standards will not result in a well that is sufficiently sealed from either surface or subsurface contamination, then the drilling and/or pump contractor(s) and well owner(s) must use additional safeguards to protect the ground water supply and its users.

(e) Any waiver or variance to these Water Well Minimum Construction Standards can only be obtained by applying for the waiver or variance to the State Engineer in writing. The waiver or variance application shall state the nature of the waiver or variance and the reasons why the waiver or variance will not result in a well that will have a detrimental effect on the ground water resource.

(f) Other state and local regulations pertaining to well drilling and construction, ground water protection, and water quality regulations may exist that are either more stringent than these rules or that apply to a specific situation. It is the well driller's responsibility to understand and apply other regulations as applicable.

(g) Well owners and drillers are advised that local zoning ordinances or county board of health requirements may limit or restrict the actual well location, construction, and/or relationship to property/structure boundaries and existing or proposed concentrated sources of pollution or contamination such as septic tanks, drain fields, sewer lines, stock corrals, feed lots, etc., beyond the requirements of these standards.

(h) Well owners and drillers are advised that standards developed under Wyoming State Law, Title 37, Chapter 12, Article 3 (Damage to Underground Public Utility Facilities) apply.

(i) Well owners and drillers are advised that the State Engineer's Office maintains reporting requirements with regard to certain stages of well completion. These requirements are addressed in the Wyoming State Engineer's Office Part II Rules.

Section 2. Authority.

(a) The State Engineer has the authority to establish standards for the construction of wells. Pursuant to W.S. §41-3-909 (a)(vi) and the Wyoming Administrative Procedures Act; the State Engineer hereby adopts the following Water Well Minimum Construction Standards. Every well constructed after the adoption of these standards must be in compliance with these standards. Deviations from these standards must be approved by the State Engineer.

History

Effective 2010-04-06

Chapter 2 Requirements and Definitions

Wyo. Code R. 037.0009.2.04062010 Requirements and Definitions

CHAPTER 2

REQUIREMENTS AND DEFINITIONS

Section 1: Statutory Requirements.

(a) "Any person who intends to acquire the right to beneficial use of any underground water in the state of Wyoming, shall, before commencing construction of any well or other means of obtaining underground water or performing any work in connection with construction or proposed appropriation of underground water or any manner utilizing the water for beneficial purposes, file with the state engineer an application for a permit to make the appropriation and shall not proceed with any construction or work until a permit is granted by the state engineer…" (W.S. §41-3-930)

(b) "An appropriator of underground water may change the location of his well to a point within the same aquifer in the vicinity of the original location, without loss of priority, by securing approval of the state board of control if the groundwater right has been adjudicated or if the groundwater right has not been adjudicated but the water has been applied to beneficial use. In cases involving domestic or stock water wells which are not adjudicated but the water has been applied to beneficial use, the state engineer may approve a change of location. If the right is not adjudicated and the water has not been applied to beneficial use, approval for the change in location may be granted by the state engineer." (see W.S. §41-3-917(a))

(c) "It shall be unlawful for any person to construct, alter or rehabilitate a water well or install pumping equipment in a water well without a license as provided by [W.S.

§33-42-101 through 33-42-117] unless the activity is exempted from the licensing requirements of [W.S. §33-42-101 through 33-42-117]." (W.S. §33-42-103(f))

(d) "Any person who drills, digs or constructs any works for the securing of underground water without having obtained a permit is guilty of a misdemeanor and upon conviction shall be punished under W.S. §41-3-616." (W.S. §41-3-938)

(e) "Any person who withdraws underground water or who fails to stop or reduce the flow of underground water in violation of any order of the state engineer made pursuant to this act, or any person who does not have a permit, certificate or vested right to appropriate underground water who shall withdraw underground water from any well other than a well for stock or domestic purposes as defined in W.S. §41-3-907, is guilty of a misdemeanor and upon conviction shall be punished under W.S. §41-3-616." (W.S.§41-3-919)

(f) "[T]he state engineer is authorized and empowered on advice and consent of the board of control… [t]o require the abatement of any condition, or the sealing of any well, responsible for the admission of polluting materials into an underground water supply." (W.S. §41-3-909(a))

Section 2: Definitions. For the purposes of Part III of the Regulations and Instructions of the Wyoming State Engineer's Office – Ground Water Division, the following definitions apply:

(a) ACCESS PORT – An opening at the wellhead and/or within the discharge system where measuring devices or meters may be placed to measure water levels, pressure, or discharge.

(b) ACRE-FOOT – The volume of water required to cover one (1) acre to a depth of one (1) foot. One (1) acre-foot equals approximately 325,851 U.S. Gallons.

(c) AIR-HAMMER DRILLING – A system of drilling that employs a pneumatic bit that delivers percussion strikes to the formation while being slowly rotated. Cuttings are removed by the compressed air that drives the hammer bit.

(d) ALLUVIUM – Deposits resulting from the operations of rivers, streams, etc., thus including sediments laid down in riverbeds, flood plains, lakes, fans at the foot of mountain slopes, and estuaries.

(e) ANNULAR SPACE (ANNULUS) – The space between two cylindrical surfaces, one of which surrounds the other, e. g. concentrically; such as the space between the outer well casing and the borehole wall. An annular space also means the space between an inner well casing and outer well casing. The annular space is calculated as the difference in diameter of the borehole (D b) and the outside diameter of the casing (D c) divided by two [(D b-D c)/2], or the difference in the inside diameter of a larger casing (D l) and the outside diameter of a smaller casing (D s) divided by 2 [(D l-D s)/2].

(f) AQUIFER – "[A]ny underground geological structure or formation having boundaries that may be ascertained or reasonably inferred, in which water stands, flows or percolates." (W.S. §41-3-901(a)(iii)). ( Also see Unconfined, Confined and Perched)

(g) API – The American Petroleum Institute.

(h) ARTESIAN AQUIFER – See Confined Aquifer.

(i) ARTESIAN WELL – A well that derives its water from an artesian or confined aquifer where the hydrostatic pressure is greater than atmospheric pressure thereby raising the water level above the top of the aquifer. A flowing artesian well has a water level that is above the land surface.

(j) ASTM – American Society for Testing and Materials International.

(k) AWWA – The American Water Works Association .

(l) BENTONITE – Clay composed predominantly of the clay mineral montmorillonite and used commercially in drilling fluids and well sealing products.

(m) BOREHOLE LOGS – Borehole logs measure and display the physical properties of the surrounding medium with a sensor located in a borehole. Some common borehole logging techniques are presented below:

(i) Acoustic (Sonic) Velocity – A borehole log in which the down-hole tooling has a sound transmitter at one end and two receivers spaced along it. The tool uses the difference in signal arrival time to calculate the sonic velocity through the strata.

(ii) Caliper – A borehole log which measures the size of the well bore. Used to measure the diameter of an uncased borehole in bedrock units. Can also be used to find the casing depth.

(iii) Cement Bond (Bond) – An acoustic log that measures and displays the return arrival time of an acoustic wave generated within the casing. When steel casing is strongly bonded to cement, most of the energy of the wave is carried through the casing; however, when the casing is not strongly bonded to the cement, most of the sound waves are carried along the casing and the arrival time will be much shorter.

(iv) Focused (Focus) – A borehole log wherein electrodes are designed to direct electrical current as a disk. This method can yield improved results in high resistivity strata.

(v) Formation Density (Density) – A borehole log which measures the rock density.

(vi) Gamma-Gamma Radiation – A borehole log in which a source of gamma radiation and a detector are lowered into the borehole. The log measures bulk density of the formation and fluids.

(vii) Gamma-Ray (or Gamma) – A borehole log which measures naturally occurring gamma radiation emitted by the surrounding strata.

(viii) Induction (or Dual Induction) – A borehole log which measures spontaneous potential, resistivity, and conductivity.

(ix) Neutron Porosity (Neutron) – A borehole log obtained by lowering a radioactive element, which is a source of neutrons, and a neutron detector into the well. The log measures the hydrogen atom density of the surrounding strata and provides an indication of the formation porosity.

(x) Resistivity – A borehole log which measures the resistivity between two current electrodes and two additional electrodes. Measures the electrical resistivity of the formation and contained fluids near the probe.

(xi) Spontaneous Potential (or Self Potential) (SP) – A borehole log made by measuring the natural electrical potential that develops between the formation and the

borehole fluids. The SP log is commonly used to assess the permeability of the surrounding strata.

(n) CABLE-TOOL DRILLING – A drilling technique which is operated by repeatedly lifting and dropping a heavy drilling string and drilling bit which pulverizes the encountered material.

(o) CASCADING WATER – Ground water which trickles or pours through cracks (or other openings), down the cased or uncased borehole above the water level in the well.

(p) CASING – Any conduit or pipe placed in a well to prevent borehole wall caving, to protect the production string and pump, and to prevent pollution of the well.

Casing material is most commonly steel, PVC, or concrete.

(q) CEMENT BASKET – A device firmly attached to the casing string that is designed to tightly fit against the borehole wall that is intended to hold cement above a desired zone.

(r) CENTRALIZER – A device attached to the outside of a casing or liner to center it within a borehole or casing.

(s) COLLUVIUM – Loose rock and soil at the base of a cliff or steep slope.

(t) CONFINED (ARTESIAN) AQUIFER – An aquifer bounded above and below by confining units (or beds) and in which water levels in wells rise above the top of the aquifer.

(u) CONFINING FORMATION (CONFINING UNIT) – A geologic bed which displays a significantly lower vertical hydraulic conductivity than an adjacent aquifer.

(v) CONSOLIDATED – Combined or cemented into a single or solid mass; or lithified (e.g. bedrock formation).

(w) CONSTRUCTION – "[I]ncludes boring, drilling, jetting, digging or excavating, and installing casing, pump and other devices withdrawing or facilitating the withdrawal of underground water, or measuring the depth to the water table or flow of the well." (W.S. §41-3-901(a)(v)).

(x) CONTAMINANT – Any material responsible for or contributing to pollution. See POLLUTION.

(y) CUBIC FEET PER SECOND (CFS) – A rate of flow. One (1) cfs equals 448.8 gpm.

(z) DEVELOPMENT – Cleansing of the drilled hole and formation to remove cuttings, fine grained materials, infiltrated drilling fluids, and/or to enhance aquifer permeability. Development can be accomplished by surging, backwashing, jetting, airlifting, acid-fracture treatment, etc.

(aa) DRILLER – See WATER WELL DRILLING CONTRACTOR.

(bb) DRILLING MUD – A viscous liquid suspension, usually composed of water and a bentonite–based mixture, which is pumped through the drill stem to equalize formation pressures, lubricate and cool the drilling bit, and/or aid in removing drill cuttings to the surface.

(cc) DRILL PIPE (DRILL STEM) – Thick walled pipe used for drilling operations. Transmits rotation from the rotating mechanism on the drill rig to the bit. Drill collar, extremely heavy drill pipe, is usually placed in the drill pipe string just above the bit to provide extra weight and strength.

(dd) DRILLING RIG – The derrick, mast, or standing apparatus together with the power equipment, pumps, cable and tools used in well drilling. Usually truck-mounted or trailer mounted.

(ee) DRIVE POINT – A conical shaped point of steel placed at the bottom of a driven well's screen to aid in placing the screen at the desired depth.

(ff) DRIVE SHOE – A section of steel casing attached to the bottom of a driven casing. The drive shoe has a beveled edge and is designed for cutting through rock or other hard formations.

(gg) DRIVEN WELL – A well which is emplaced by forcefully driving a casing into the ground (usually deep soil or alluvial material). The leading end of the casing is usually fitted with a drive point.

(hh) DUG WELL – A large diameter well or trench constructed by digging down and intercepting the water table or shallowest water-bearing horizon.

(ii) FILTER (GRAVEL) PACK – Clean sand or gravel sized according to formation texture and emplaced in the annular space of a well between the perforated or screened interval(s) of the casing and the borehole wall in order to prohibit or decrease the entrance of formation material into the well, stabilize the borehole, and increase the efficiency of water production.

(jj) FLOWING WELL – An artesian well in which the water level stands above the land surface.

(kk) FORMATION – a body of rock or soil which has identifiable and distinctive lithic characteristics, is aerially extensive, can be mapped, and may be combined into groups or divided into members.

(ll) GALLONS PER MINUTE (GPM) – Unit of measure used to describe a flow rate.

(mm) GEL – A jelly-like fluid and colloidal material (natural or synthetic) dispersion mixture used as a drilling fluid.

(nn) GROUND (UNDERGROUND) WATER – "[A]ny water, including hot water and geothermal steam, under the surface of the land or bed of any stream, lake, reservoir, or other body of surface water, including water that has been exposed to the surface by an excavation such as a pit." (W.S. §41-3-901(a)(ii)).

(oo) GROUT – A fluid mixture of water plus a cement-based or bentonite-based material that is stable, has low permeability, and possesses minimum shrinking properties such that it is an optimal sealing material for well casing or for well plugging.

(pp) HEAT PUMP WELL – Any well constructed to utilize the heat exchange properties of either ground water or of geological material penetrated in the well.

(qq) HYDROSTATIC PRESSURE OR HEAD – Pressure of water (or other liquid) upon a unit area due to the height at which the surface of the water column stands above the point where the pressure is measured. Expressed as pounds per square inch (p.s.i.) or actual feet of head.

(rr) LINER – Pipe (steel or plastic), which is smaller in diameter than installed well casing, that is used to reconstruct (deepen) a well or strengthen unstable conditions encountered at depth in a well.

(ss) LINER HANGER – A device used to attach or hang liners from the internal wall of a larger, upper casing string.

(tt) LOST CIRCULATION – Subsurface escape of drilling fluid from a drill hole into a porous, fractured, or cavernous formation.

(uu) LCM (LOST CIRCULATION MATERIAL) – Material added to drilling fluid in order to reduce or stop lost circulation conditions.

(vv) MILLIGRAMS PER LITER – Abbreviated mg/l, means milligrams of solute per liter of solvent.

(ww) MONITORING WELL – A ground water level observation well or a well from which water samples are retrieved for water chemistry analysis.

(xx) NEAT CEMENT – Used for ground or borehole sealing. Commonly known as Portland cement of various ASTM designations (Type I through Type V, Type K, etc.). May be mixed with calcium chloride (CaCl 2) for rapid set time or bentonite for lower conductivity, lower curing temperature, and resistance to shrinking/cracking.

(yy) NSF – NSF International, formerly National Sanitation Foundation.

(zz) NOMINAL SIZE – Used to describe standard sizes for pipe from 1/8 inch to 12 inches. The term "nominal" is used in designating the inside diameter of the pipe, because, in practice, the actual size varies somewhat.

(aaa) PACKER – A device used to seal or isolate. In the case of a telescoped casing and screen assembly, a packer is used to provide a sand-tight seal between the screened assembly and the casing. An inflatable packer is used to isolate zones of the casing or borehole for tests or casing repairs.

(bbb) PERCHED AQUIFER – Unconfined ground water which is bounded below by low-permeability material and separated from an underlying regional body of ground water by an unsaturated zone.

(ccc) PERFORATIONS – Puncturing, drilling, sawing, slotting, torchcutting, or other openings of a well casing emplaced in order to allow flow of water from the water- bearing interval(s) into a cased well. Perforations are typically installed with revolving wheel cutters, knives, or explosive charges and are created after the casing has been placed in the borehole.

(ddd) PERMEABILITY – A measure of the ability of a material to transmit fluids.

(eee) PERMIT – The record instrument on which the State Engineer grants permission to construct a well/spring and beneficially use the water for the purposes specified, together with any conditions and limitations attached.

(fff) PIEZOMETER – A nonpumping well, generally of small diameter, that is used to measure the pore pressures, water levels, or potentials. A piezometer generally has a short well screen through which water can enter.

(ggg) PITLESS ADAPTOR – A commercially manufactured, watertight unit or device designed for attachment to well casing which permits discharge from the well below the land surface to provide for a buried, frost-free discharge line.

(hhh) PLUGGED AND ABANDONED WELL (P&A) – Any well which has been filled or plugged so that it is rendered unproductive and prevents contamination of the ground water. A properly abandoned well will not produce water nor serve as a channel for movement of water or other material from the well or between water-bearing zones.

(iii) POLLUTION – "[A]ny impairment of the natural quality of such water, however caused, including impairment by salines, minerals, industrial wastes, domestic wastes or sewage, whether indrafted directly or through infiltration into the underground water supply." (W.S. §41-3-901(a)(vi))

(jjj) POROSITY – The ratio of the volume of void spaces in a rock or sediment to the total volume of the rock or sediment. Effective Porosity – the volume of the void spaces through which water or other fluids can travel in a rock or sediment divided by the total volume of the rock or sediment. Primary porosity is the porosity that represents the original pore openings when a rock or sediment formed. Secondary porosity is the porosity that has been caused by fractures or weathering in a rock or sediment after it has been formed.

(kkk) POTENTIOMETRIC SURFACE – A surface that represents the level to which water will rise in tightly cased wells.

(lll) PRESSURE GROUTING – A process by which a grout is emplaced and confined within the borehole or casing of a well by the use of retaining plugs, packers, or a displacing fluid by which sufficient pressure is applied to drive the grout into and within the annular space or interval to be grouted.

(mmm) PUMP INSTALLER – See WATER WELL PUMP INSTALLATION CONTRACTOR.

(nnn) PUMP TEST – Pumping a well, usually at time of completion, to determine aquifer or well performance (e.g., drawdown, maximum efficient gpm, specific capacity, etc.).

(ooo) PUMPING WATER LEVEL – The water level achieved, during water well pumping, where the drawdown ceases or stabilizes.

(ppp) PVC CASING OR SCREEN – Polyvinyl chloride polymer (plastic) pipe.

(qqq) RECOVERY WELL – A well primarily designed to remove contaminants, groundwater, or both, usually in an attempt to contain contaminants or contaminated groundwater to an area already effected.

(rrr) REHABILITATION – Restoring a well to its most efficient condition. This may be accomplished by chemical and mechanical methods.

(sss) ROTARY DRILLING – Drilling technique which employs a rotating drill string through which drilling mud is pumped down hole to cool the drill bit and remove cuttings to the surface via the borehole outside the drill pipe. Compressed air is also used, in lieu of drilling fluid, to remove cuttings. Reverse circulation rotary drilling is a method in which drilling fluid flows from the ground surface down the borehole and is pumped back to the ground surface through the drill pipe. The reverse rotary method can be effective for drilling large diameter boreholes and for drilling in unstable material.

(ttt) SANITARY WELL CAP (SEAL) – A vented watertight wellhead cap that prevents the intrusion of foreign fluids (runoff, chemical liquids, animal waste, etc.) or debris.

(uuu) SATURATED – All voids are filled with water.

(vvv) SHALE BASKET – A device firmly attached to the casing string designed to tightly fit against the borehole wall that is intended to prevent materials from falling into the intervals below the shale basket setting.

(www) SLIM HOLE – A small diameter exploration borehole drilled to obtain stratigraphic or structural information.

(xxx) SPRING – A point location where ground water emanates from bedrock or soil to the land surface.

(yyy) SQUEEZE JOB – Usually a secondary cementing or grouting process where the sealant is pumped into a borehole through the bottom of the casing or through perforations at key depths in the casing in order to obtain fluid or formation shut off.

(zzz) STATE ENGINEER – The State Engineer or his designee.

(aaaa) STATIC WATER LEVEL – (1) The elevation or level of the water in a well when the pump is not operating. Usually measured in depth below the land surface or from the top of the casing. (2) The level or elevation to which water would rise in a tube connected to an artesian aquifer when the well is shut in. Usually measured in psi or feet above ground level.

(bbbb) SURFACE (CONDUCTOR) CASING – Retaining pipe, usually large diameter steel, concrete or culvert material installed in the uppermost potion of the well between the borehole wall and the inner well casing.

(cccc) SURFACTANT – An agent that reduces the surface tension of the liquid in which it is dissolved. Used in air-based drilling to produce foam and during development to disaggregate clays.

(dddd) TREMIE PIPE (GROUT PIPE) – A small diameter conductor pipe, hose or tubing used in down hole placement of well construction material (cement, grout mixture, gravel pack, etc.).

(eeee) UNCONFINED (WATER TABLE) AQUIFER – An aquifer that has no overlying geologic unit preventing or restricting the vertical or upward movement of water.

(ffff) UNCONSOLIDATED – A loose aggregation or not combined nor cemented into a single or solid mass; or unconsolidated deposit (e.g., alluvium).

(gggg) WATER TABLE – The water surface of an unconfined aquifer.

(hhhh) WATER WELL DRILLING CONTRACTOR (DRILLER) – "[A]ny person responsible for or causing the construction, equipping, test pumping or development of any water well for compensation or otherwise as provided by [W.S. §33-42-101 through 33-42-117]." (W.S. §33-42-102 (a)(iii))

(iiii) WATER WELL PUMP INSTALLATION CONTRACTOR (PUMP INSTALLER) – "[A]ny person who is in the business of installing pumping equipment in water wells for compensation or otherwise as provided by [W.S. §33-42-101 through 33- 42-117]." (W.S. §33-42-102 (a)(iv))

(jjjj) WELL – "[A]ny artificial opening or excavation in the ground, however made, by which underground water is sought or through which it flows under natural pressure or is artificially withdrawn, and a series of wells developed as a unit and pumped collectively by a single pumping unit shall be considered as one (1) well." W.S. §41-3- 901(a)(iv) "[A]ny artificial opening in the ground for the production of groundwater or the disposal of water underground, including developed springs, test wells, monitoring wells, deep well ground beds (cathodic protection bores), geothermal or heat exchange wells, drive points and excavations for the purpose of artificial recharge to the groundwater bodies or disposal of wastes. The term "well" does not include excavations made for the dewatering of construction sites, mines or oil and gas wells, and the prospecting for and removal of mineral products, nor wells for the production of the media for secondary oil recovery." (W.S. §33-42-102(a)(v))

For the purpose of this document, the following well types are described:

(i) Type I – Dug Wells

(ii) Type II – Natural Filter Wells

(iii) Type III - Artificial Filter Wells

(iv) Type IV – Partially-Cased Open Borehole Wells

(v) Type V – Fully-Cased Wells

(vi) Type VI – Conversion of Existing Oil or Gas Wells, or Exploration Test Wells into Water Wells

(kkkk) WELL (DRILL HOLE) CUTTINGS – Rock chips or particles cut by the action of the drill bit and removed from the hole. Cutting samples collected and identified at evenly spaced intervals provide a lithologic log (detailed description of rock material encountered in the drill hole).

(llll) WELL SCREEN – A commercially manufactured structurally supporting filter device that allows inflow, retains select material, and is the access for aquifer development and future aquifer maintenance. Screen may be continuous-slot wire- wrapped, pre-packed, louvered, or bridge-slotted or any other commercially manufactured product which is produced for the purpose of water well screening.

History

Effective 2010-04-06

Chapter 3 Well Construction

Wyo. Code R. 037.0009.3.04062010 Well Construction

CHAPTER 3

WELL CONSTRUCTION

Section 1: Water Well Siting.

(a) General Considerations.

(i) All wells shall be sited and constructed in such a manner that the well does not act as a conduit for the transmission of contaminants from either above or below ground to the ground water resource. All restriction and setback distances contained in this section are intended for production wells and do not necessarily apply (but does not constitute exemption) to choice of location for monitor wells, test wells, dewatering wells, recovery wells, or oil and/or gas wells which produce by-product water.

(b) Relation to Land Surface.

(i) Water wells shall be located such that there is adequate surface drainage away from the well and situated such that the well is easily accessed for repairs, maintenance, and inspection. For all wells, the top of the casing shall extend at least 18 inches above the finished land surface grade. Well casing may not be terminated at or near the base of underground well vaults or placed in basements. In the special case of ground water monitor wells constructed flush with the land surface, the wells shall be capped with an impact-resistant and water-proof cap.

(i) Every well shall be located at least 10 lateral feet from any property line or boundary.

(d) Relation to Buildings, Structures and Overhead Obstructions.

(i) When a well is proposed to be located adjacent to a building or any other standing structure, it shall be placed to be as accessible as may be necessary. The well shall be placed such that the building or any overhead projection from the building will not be within a 10-foot radius of the surface casing. The well owner is responsible for maintaining adequate spacing and access following construction.

(ii) Where overhead utility lines or other overhead obstructions are present, minimum distances from all equipment shall be maintained in accordance with OSHA standards.

(e) Setback Distances from Contaminant Sources.

(i) Water wells shall be located the minimum lateral distance from any common pollutant sources listed below:

| SOURCE | MINIMUM DISTANCE TO WELL | | --- | --- | | Livestock Containment Pens | 50 feet | | Livestock Sewage Lagoons | 50 feet | | Sewer | 50 feet | | Septic Tank | 50 feet | | Disposal (Leach) Field | 100 feet |

(ii) Beyond minimum distances, an attempt shall be made to locate the well upgradient from contaminant sources.

Section 2: Water Well Construction.

(a) The driller or person/entity engaged in construction of a water well shall have in their possession, at the well site, a copy of the approved permit or the permit number.

(b) Knowledge of the properties and depth of the producing aquifer zone, the nature of the overlying formations, and the proposed use of the well will dictate the type of construction required. The following described well types are established:

(i) Type I – Dug Wells – Dug wells are excavations that penetrate from the ground surface down to the first-encountered aquifer. Dug wells are usually simple pits, elongate trenches, or large diameter, lined shafts constructed by hand or using excavating machinery (e.g., a backhoe). A typical construction diagram for Type I wells is illustrated in Appendix C-1.

(ii) Type II – Natural Filter Wells – Natural Filter Wells are constructed to obtain water at various depths from unconsolidated alluvial/colluvial deposits or severely weathered rock material that can be effectively stabilized and developed after placement of perforated casing or well screen. Wells of this type are usually completed into an unconfined aquifer (confined, perched conditions may be encountered) and may be dug or constructed by jetting, boring, driving, drilling, or a combination of methods. Horizontal wells that drain water from very coarse sand and gravel-sized material and often located near streams are considered Natural Filter Wells. A typical construction diagram for Type II wells is illustrated in Appendix C-2.

(iii) Type III - Artificial Filter Wells – Artificial Filter Wells are also referred to as "gravel pack," "sand pack," or "filter pack" wells. This type of well is designed to obtain water from unconsolidated to poorly consolidated deposits or bedrock formations by placing filter pack in the annulus, opposite the completion interval. The filter pack (or material contained in "channel pack" well screen) acts as a formation stabilizer, a filter to prevent fine-grained material from entering the well, and also serves to increase the yield of the well. This type of well is constructed by boring or drilling. A typical construction diagram for Type III wells is illustrated in Appendix C-3.

(iv) Type IV – Partially-Cased Open Borehole Wells – Partially-Cased Open Borehole Wells are also referred to as "open-hole" wells. This type of well is designed to obtain water from consolidated formations that are stable enough to preclude the need for perforated casing or well screen. Overlying formations, however, are cased and sealed to prevent caving and cross-connection of water from vertically separate aquifers. Flowing wells are commonly the result of this type of well construction when head elevation is greater than ground surface elevation. A typical construction diagram for Type IV wells is illustrated in Appendix C-4.

(v) Type V – Fully-Cased Wells – Fully-Cased Wells are drilled to produce water from an aquifer containing multiple water-bearing intervals. Water production is achieved by screening and/or perforating opposite one or more of the most viable water-producing aquifer zones. Overlying formations are cemented or grouted off to prevent caving and aquifer cross-connection. Wells of this type are usually drilled relatively deep and generally intercept aquifers under confined conditions. A typical construction diagram for Type V wells is illustrated in Appendix C-5.

(vi) Type VI – Conversion of Existing Oil or Gas Wells, or Exploration Test Wells into Water Wells.

(A) Existing oil and gas wells, seismic test holes, or mineral exploration holes may be converted for use as water wells, provided that the wells can be completed to conform to minimum construction standards cited herein.

(B) Information on geologic conditions encountered in the well at the time of the original well drilling shall be used to determine what special construction standards shall be met in order to eliminate all movement of pollutants into the well or along the annular space. If no original geologic information is available, a specified borehole log suite may be required to supplement known information.

(C) A permit to appropriate ground water must be obtained from the State Engineer prior to commencing construction of the well.

(D) Before any oil or gas exploration hole or well is converted for use as a water well, the Wyoming Oil & Gas Conservation Commission should be contacted in order to comply with that Commission's regulations.

(i) If a fill pipe for gravel is installed, the diameter of the well bore must be four (4) inches larger than the largest diameter of the casing plus the largest diameter

of the fill pipe for gravel. A fill pipe for gravel or any other pipe to provide access to the interior of the well bore must be completely surrounded by the seal.

(ii) All wells shall be constructed with at least a 2-inch annular space surrounding the outermost casing and extending not less than 20-feet below ground surface.

(d) Casing.

(i) Casing, surface casing (conductor pipe), liners, and screens shall be of new or new-like contaminant-free material and free of pits, cracks, breaks, and corrosion. All pipe, casing, couplings, and screen must meet applicable ASTM, API, NSF, and/or AWWA standards. Casing shall be of adequate strength and durability to protect the well against structural failures during construction and use and protect against the entrance of contaminants during the expected life of the well.

(ii) All casing shall be selected in accordance with the design of the well, depth of the well, and conditions at the well site. The most common casing materials allowed for use are carbon-steel and thermoplastic (PVC). Less common casing materials such as pre-cast concrete, fiberglass, stainless steel, aluminum, various alloy and non- ferrous metal casing types are allowable where use/conditions dictate and steel or plastic cannot be used. Choice of casing material, diameter, and wall thickness shall be based on:

(A) Maximum Pumping Rate and Flow Capacity Over the Life of the Well: The production casing shall be greater than or equal to one nominal size larger than the down-hole pump assembly.

(B) Geology and Aquifer Conditions: Where multiple casings are warranted (surface casing, liners, screens, etc.), provisions shall be incorporated to prevent misalignment, to seal/secure the annulus between casings, and to prevent or secure from borehole caving.

(C) Installation Method: Difficulty in handling and load strength must be considered for various well designs, depths of drilling, specific geologic conditions, and grouting requirements. Re-entered wells (e.g., for liner placement or plugging back and completing abandoned oil and gas test wells) should be assessed for competency of the existing casing.

(D) Plumbness and Alignment: A well shall drift off plumb no more than one degree per 100 feet of borehole. The alignment shall allow a 40-foot long section of pipe, ½-inch less than the inside diameter of the casing, to pass freely from the top of the casing through anticipated pump setting depth.

(E) Water Quality: The effects of formation waters that may cause corrosion, cross-connection of vertically separate aquifers, bacterial growth, surface water influx, etc., shall be avoided by proper casing selection and installation.

(F) Well Devices: Decisions on casing material and dimensions also depend on outfitting of the well which may include choice of pumps, motors, wiring, transducers, sampling tools, floats, adapters, airline, caps, seals, etc.

(iii) All casing types must achieve watertight connections according to directions from the manufacturer.

(A) Metal pipe must be welded or joined with threaded couplings. If the joints are welded, the weld shall be made using welding rods of equal quality to the most noble metal, shall be at least as thick as the wall thickness of the well casing, and shall be fully penetrating. Spot welding of joints is prohibited.

(B) PVC pipe may be glued, flush joint thread and coupled, or spline-lock coupled.

(C) All solvents, pipe dope, and glue must be NSF approved or an acceptable equivalent. Rivets or screws used in the casing joints shall not penetrate the inside of the casing.

(iv) Casing shall be installed in accordance with the drilling method used, borehole condition, formation characteristics, and comprehensive/tensile strength of the casing material. Only steel casing, equipped with proper drive shoe or drive point, can be used if the casing is to be installed by jacking or driving. PVC casing shall be installed only in an oversized drilled hole without driving. PVC casing shall conform to industry standards and shall be manufactured for the purpose of water well casing.

(v) Casing made of, or which has been exposed to, hazardous or potentially harmful materials, such as asbestos, shall not be used.

(e) Lost Circulation Material.

(i) The introduction of lost circulation materials (LCMs) shall be limited to those products which will not present a potential medium for bacterial growth or contamination. Only LCMs which are non-organic and can be safely broken down and removed from the borehole may be utilized. Cottonseed hulls, shredded newspaper, or cedar chips are examples of LCMs which are not allowed.

(f) Well Completion.

(i) Well completion refers to the method employed to allow water to enter the well from one aquifer. This is accomplished via perforations in the casing or well screens set adjacent to water-bearing intervals or by allowing water to enter the well through the open bottom of the casing. Multiple completions, or wells completed into two or more vertically separate aquifers, are not allowed

(A) The well driller shall:

(I) Install well screens constructed of material which is compatible with adjoining casing and is corrosion resistant.

(II) Install well screens or well intakes that prevent the continued production of sand, silt, or turbid water.

(III) Not install screen or perforated casing within the zone of maximum dynamic pumping level to prevent cascading water, except in the case of monitor wells, recovery wells or test wells.

(B) Type II and III wells shall be constructed with well screen (as defined in Chapter 2) commercially manufactured for the purpose of well construction and sized appropriately for the grain size of the aquifer materials to be developed by the well.

(g) Filter Pack.

Filter pack (or gravel pack) material shall consist of clean, well- rounded, chemically stable grains that are smooth and uniform. The filter material should not contain more than 2% by weight of thin, flat, or elongated pieces and should not contain organic impurities or contaminants of any kind. Type III Wells should be gravel (filter) packed opposite the perforated or screened zone(s) and no more than five (5) feet above the zone(s). The interval above the gravel pack must be sealed, as described in these rules, to prevent fluid cross-contamination from the surface or from a shallow aquifer.

(i) All filter material shall be placed using a method that through common usage has been shown to minimize bridging of the material between the borehole and the casing and excessive segregation of the material after it has been introduced into the annulus and before it settles into place.

(ii) It is not acceptable to place filter material by pouring from the ground surface unless proper sounding devices are utilized to measure dynamic filter depth, evaluate pour rate, and minimize bridging and formation of voids.

(h) Well Sealing/Grouting.

(i) Well casing shall be sealed to prevent vertical movement or leakage of fluid in the annular space between casing and borehole wall. Non-Slurry bentonite grouts must be in place before significant hydration occurs. Plans for well construction shall include allowances for maximum effective emplacement of grout as a seal to protect the source aquifer and/or assure structural integrity of the entire cased well. Well cuttings are not allowed to be used as grout, filler, or aggregate material for well sealing.

(ii) Selection of grouting material shall meet the technical requirements for making a proper seal. Grout products shall meet applicable ASTM, API, NSF, AWWA, or other recognized industry standards. Grout shall be prepared according to manufacturer's directions and shall be mixed as engineered for specific site requirements. Water wells permitted under the DEQ-WQD may alternately use any grout mixture specified by DEQ-WQD. For all other wells, the following are approved grout materials:

(A) Neat Cement Grout Slurry must consist of a mixture of Portland Cement and not more than 6 gallons of clean water per bag (1 cubic foot or 94 pounds) of cement.

(B) Sand Cement Grout Slurry must consist of a mixture of Portland Cement, sand, and water in the proportion of not more than 1 part by weight of sand to 1 part of cement with not more than 6 gallons of clean water per bag of cement (1 cubic foot or 94 pounds).

(C) Concrete Grout Slurry must consist of a mixture of Portland Cement, sand and gravel aggregate, and water in the proportion of at least 1 part by weight of aggregate to 1 part of cement with not more than 6 gallons of clean water per bag of cement.

(D) Nonslurry Bentonite Grout must consist of chipped or pelletized bentonite varieties that are hydrated to manufacturer's specifications.

(E) Cement/Bentonite Grout Slurry must consist of a mixture of cement and bentonite in the proportion of not more than 6.5 gallons of water and 3 to 5 pounds of powdered bentonite per 94-pound sack of Portland cement.

(F) Bentonite Grout Slurry means an inorganic mixture of a minimum 20% by weight solids bentonite, with polymers, water, or other additives for the yield/rate control, which forms a low permeability seal (not greater than 1 x 10-7 cm/sec), and is mixed to the manufacturer's specifications.

(iii) All wells shall have an annular surface seal of grout extending not less than 20 feet below ground surface or to useable water below ground surface. The surface seal must be placed in at least a 2-inch annular space. The completed surface seal must fully surround the outermost casing, be evenly distributed, and be free of voids.

(A) If a temporary surface casing is utilized, the surface casing shall be removed in conjunction with the placement of the seal. Alternatively, conductor casing may be sealed permanently in place to a depth of at least 20 feet with a minimum 2-inch annular seal between the largest outside diameter of the surface casing and borehole wall. If the temporary surface casing is to be removed, the surface casing shall be withdrawn as sealing material is placed between the outermost permanent well casing and borehole wall. The sealing material shall be kept at a sufficient height above the bottom of the temporary surface casing as it is withdrawn, to prevent caving of the borehole wall.

(iv) Type I wells, as defined in this section, (b)(i), shall be constructed with a watertight curbing extending, at a minimum, from 18 inches above the natural ground level to the static water level. The curbing shall consist of poured cement grout or casing surrounded by cement grout. Concrete block with cement grout and rock with cement grout may also be used. The poured cement grout shall not be less than 6-inches thick. If casing is to be used, the minimum annular space between the casing and the borehole shall be three inches. A typical construction diagram for Type I wells is illustrated in Appendix C-1.

(v) Type III Wells, as defined in this section, (b)(iii), shall be grouted from immediately above the gravel packed interval and shall terminate at the ground surface or at the base of a pitless adaptor. The seal shall close off all zones above the gravel-packed interval. If a gravel tube is installed, it shall be sealed with a water-tight cap. A typical construction diagram for Type III wells is illustrated in Appendix C-3.

(vi) Type IV Wells, as defined in this section, (b)(iv), shall have the entire production casing string grouted from bottom to top before well completion. The well shall be drilled and cased at least 10 feet into the upper portion of the target aquifer. If permeability factors or hydrostatic conditions in the target aquifer will jeopardize a successful grout job, then the well shall be drilled, cased and cemented into the first overlying formation which will provide for secure sealing and completion. According to W.S. §41-3-909 (a)(vii), flowing and non-flowing wells are required to be "…constructed and maintained as to prevent the waste of underground water either above or below the land surface." Grouting shall be accomplished by either one or several methods in which grout is pumped directly in the annulus (by tremie or grout pipe) or circulated to the annulus by positive displacement from inside the casing. Before grouting, clean water or other suitable drilling fluid mixture shall be circulated to clear the borehole and provide conditions for optimal bonding. Engineered grout volume calculations must include an excess allowance (e.g. 25%, 50%, 100%, etc.) for losses in the subsurface. It is allowed to introduce cement or concrete (e.g. Redi-Mix) from the land surface to finish a grout job so long as a complete seal is attained. A cement bond log of the well may be required to assure that an adequate seal was set in place. If leaks occur around the well casing or adjacent to the well, the driller shall complete the well with seals, packers, and/or grout to eliminate the leak. A typical construction diagram for Type IV wells is illustrated in Appendix C-4.

(vii) Type V Wells, as defined in this section, (b)(v), shall be grouted from the ground surface or the base of the pitless adapter to the bottom of the casing. A typical construction diagram for Type V wells is illustrated in Appendix C-5.

(i) Well Development – Following construction, all wells shall be cleaned and developed to remove drilling fluids, drill cuttings, and other foreign materials. Proper well development functions to establish the best hydraulic connection between the well and the source aquifer. The well driller shall develop every new well until the produced water does not contain appreciable amounts of sand, silt, or turbidity. Chemicals used as development aids such as agents used in acid fracturing, carbon dioxide (CO2) injection, formation deflocculation treatment, etc., are also allowed; however, notification to WDEQ-WQD is required prior to application or introduction of a foreign substance into a well that is a public water supply source.

Section 3: Water Well Equipping.

(a) All new and old wells (including hand-dug) shall be capped or sealed so that they do not present a hazard and to prevent the unintended entry of contaminant matter, surface water, animals, or foreign objects, by utilizing either a welded plate or a sanitary well cap. All vents installed in the well casing shall open downward and be screened to prevent the entrance of foreign material. Wells shall be equipped with a minimum ½- inch diameter access port for water level and drawdown measurement (unless a flowing well).

(b) Pitless Adapters.

(i) Pitless adapters must be designed and constructed to be water tight and to prevent contamination of the ground water resource and any potable water. Pitless adapters must be compatible with the casing material. The driller or pump installer shall ensure that the pump and column weight do not exceed the casing strength.

(ii) Where a pitless adapter is to be installed, the grout seal must extend from the pitless unit to at least 20-feet below the ground surface (or to useable water below ground surface). The area around the pitless unit and surface string may be filled with bentonite or clean earth to grade level.

(iii) The components of a pitless adapter must allow sufficient clearance for the insertion and removal of the down-hole pumping assembly.

(i) Special care must be exercised when replacing a pump because bacteria can easily contaminate what is pulled from the well (pump, drop pipe, electric wire) and it is difficult to disinfect portions of the electric wire and drop pipe that are above water level. When pulling a pump, the electric wire should not be allowed to touch the ground. This may be accomplished by laying plastic on the ground, utilizing a mechanical system that winds up the electric wire as it is withdrawn from the well, or other appropriate means. The drop pipe should be placed on pipe racks or other precautions should be taken to keep it from contacting the ground. If contamination does occur, special care must be taken to disinfect the contaminated areas.

(ii) A flow meter with instantaneous flow rate and totalizing capability shall be installed on discharge lines of all water wells or well systems whenever the State Engineer permit conditions require a flow meter and subsequent reporting of volumetric use. The flow meter shall be installed in accordance with the manufacturer's instructions.

(iii) All pumping systems shall be designed not to exceed the permitted pumping rate as established by the State Engineer permit, under normal operating conditions. All electrical and plumbing installations and connections shall be performed and maintained in accordance with the existing electrical and plumbing codes, and shall meet the equipment-manufacturer's specifications.

(iv) The pump and downhole assembly shall be at least one nominal size smaller in diameter than the production casing.

(v) Pumps shall be installed in accordance with the manufacturer's recommendations and shall provide for proper cooling.

(d) Flowing wells are required, by W.S. §41-3-909(a)(vii), "…to be so capped or equipped [valved] that the flow of water can be stopped when the wells are not in use…" In addition, the flow shall be controlled in such a manner as not to exceed the flow rate as established by the State Engineer permit. Additional precautions may be necessary to prevent freezing of the wellhead or piping.

(e) Unless specifically designed as an injection well, directional flow controls shall be installed and maintained to prevent water from being forced or siphoned back into the well.

(f) For irrigation wells with in-line chemical injection systems or for other wells that are cross-connected with potential contaminant sources or water source(s) of lesser quality, a backflow prevention device (reduced pressure assembly, single/double check valve, etc., with vacuum relief) shall be installed to protect the wellhead from backpressure or back siphonage.

(g) For multiple wells which are connected by a common conveyance system, controls shall be maintained to ensure that one pump does not overpower another pump and allow water to be injected into one well bore.

(h) All electrical installations shall be performed and maintained in accordance with existing electrical codes. A properly licensed electrician must perform all electric wiring which impacts the operation of the pump or pumping system. This includes wiring from the pump to the control boxes to the main power supply such as the breaker box in a house. Licensed Water Well Pump Installation Contractors are advised that additional licensing requirements may be required by the Wyoming State Fire Marshal's Office. The electric wire should be adequately attached to the drop pipe for support and be installed in accordance with manufacturer's recommendations.

(i) All plumbing or water supply distribution from the well to the point of entry hookup shall be installed and maintained in accordance with existing plumbing codes.

History

Effective 2010-04-06

Chapter 4 Well Completion and Maintenance

Wyo. Code R. 037.0009.4.04062010 Well Completion and Maintenance

CHAPTER 4

WELL COMPLETION AND MAINTENANCE

Section 1: Disinfection.

(a) Each person who repairs, modifies, works on, or otherwise affects the physical components of a well shall clean and disinfect the pump, electrical wiring and controls, drop pipe, and all other equipment each and every time the pump, electrical wiring and controls, drop pipe, and other equipment is placed into the well. In addition, each person (or crew) who performs the above tasks shall maintain at all times on every well site, adequate chlorine compounds to disinfect the well in accordance with the table found in Appendix A.

(b) The well driller shall:

(i) Clean all casing, tools, drilling equipment, and materials prior to beginning the drilling and construction of every well.

(ii) Clean all pumping equipment and well construction materials (including sand or gravel used in an artificial filter-packed well) before placing them in the well or borehole.

(iii) Ensure that only potable water is used for drilling and for mixing of sealing material.

(i) Clean all pumping, wiring, and other equipment prior to placement in the well.

(ii) Clean all materials that may come in contact with down-hole equipment.

(d) All wells used for drinking or sanitary use shall be disinfected after construction, reconditioning, or repair (e.g., submersible pump replacement) and before the well is placed into, or returned to, service.

(i) Following drilling:

(A) If calcium hypochlorite is used, it shall be slowly poured down the casing and at least 30 minutes shall pass to allow the tablets to fall through the water and dissolve.

(B) If sodium hypochlorite is used, the solution must reach all parts of the well. To accomplish this, a tube shall be suspended through the well casing so that it reaches the bottom of the well. After it reaches the well bottom, it shall be withdrawn as the sodium hypochlorite solution is pumped through the tube.

(C) After the chlorine has been applied, the well shall be surged at least three times to improve the mixing and induce contact of the chlorinated water with the adjacent aquifer.

(ii) Following pump installation:

(A) Chlorine shall be introduced so that an average chlorine residual of 100 mg/l is in the entire volume of water in the casing and all parts of the plumbing system (pump, drop-pipe, wiring, pitless assembly, etc.) for a minimum contact period of not less than two (2) hours (overnight is preferable) before flushing and ridding the chlorine solution from the well.

(iii) See Appendix A for mixing proportions. Chlorine compounds intended for home laundry use, pool, or fountain use should not be used if they contain additives such as antifungal agents, scents, etc.

Section 2: Spring Developments.

(a) "W.S. §41-3-902. Spring waters; perfection of right to use; limitation. All springs and spring waters where the yield does not exceed twenty-five (25) gallons per minute and where the use is for domestic or stock purposes only, shall be considered as groundwater. Perfection of the right to use spring water up to twenty-five (25) gallons per minute for domestic and stock use shall be made in accordance with the laws pertaining to groundwater"

(b) Developed spring flow that is 25 gallons per minute or less and is utilized for stock and/or domestic use is to be permitted with the State Engineer underground water permitting procedures. Developed spring flow in excess of 25 gallons per minute, or for uses other than domestic or stock watering, must be permitted under State Engineer's Office surface water permitting procedures. For the purposes of water right permitting, springs or seeps shall be improved or perfected by some artificial means of collection and/or conveyance. Springs with no artificial means of collection and/or conveyance cannot be claimed nor permitted under State of Wyoming water laws. Accepted means of spring development can range from simple piping to an impoundment, to spring box collection and associated delivery systems. If the spring is a domestic source of drinking water, setback allowances from contaminant sources should be employed the same as for well siting and protection for entrance of animals or other foreign material shall be provided.

Section 3: Water Well Rehabilitation.

(a) When a water well is to be rehabilitated to increase efficiency, all equipment used shall be clean and as sterile as possible to prevent well to well or well to aquifer cross-contamination. All chemical or biological agents to be introduced into a well shall meet ASTM, API, NSF and/or AWWA standards approved for the application of well rehabilitation. Physical rehabilitation of the well including jetting, scrubbing, bailing, etc. shall be performed in a manner that does not compromise the integrity of the well casing materials, filter pack, and grout materials. When acidizing or flocculating agents are pumped or removed from a well, it may be necessary to obtain clearance from the Wyoming Department of Environmental Quality – Water Quality Division (WDEQ- WQD) for the surface discharge of these agents.

(b) If, in the repair of a well, the old casing is withdrawn, the well shall be recased in conformance with these rules.

(c) If a liner is installed to prevent leakage of undesirable water into a well, the annular space between the casing and liner shall be completely sealed by packers, casing swedging, pressure grouting, or other methods which will prevent the movement of water between the casing and liner.

Section 4: Water Well Plugging and Abandonment.

(a) When a well is temporarily removed from service, it shall be kept in a state of good repair. The top of the well casing shall be sealed with a secure watertight cap that will prevent tampering and entrance of contaminants, animals, or debris.

(b) The well owner is responsible to ensure that any well (including any test well or replaced well) which is permanently abandoned or removed from service shall be entirely plugged to prevent contamination from the surface or any other source and to remove any further hazard potential that an unused well or abandoned drill hole might pose. All pumps, pipe, wiring, caps, and other obstructions/debris that may interfere with adequate plugging operations shall be removed from the well. Suitable cement-based mixtures or bentonite mixtures shall be used for grouting material. If a well is permitted under DEQ-WQD rules, those rules may be consulted for abandonment procedures. For all other wells, an abandoned well shall be plugged by one of the following methods in accordance with type of well completion and subsurface geologic and /or hydrostatic conditions:

(i) Dug wells or excavations [Type I Wells, see Section 6(a)(i)] exposing the shallow water table shall be filled to static water level with clean fill such as gravel or sand. The remaining hole is to be filled with bentonite to 2-feet below ground surface. The remaining 2 feet shall be filled with native soil and mounded slightly at the top to allow for settling.

(ii) If possible, casing shall be removed from Type II Wells [See Section 6(a)(ii)] prior to plugging procedures. Cased or uncased wells in unconsolidated formations shall be destroyed by placement of clean fill, such as gravel or sand, opposite the completed (screened, perforated interval) or water bearing zone and then grouting to the surface. The upper surface portion of the cased well must be cut off a minimum of 18 inches below ground level and the area back-filled with enough clean soil material to allow for settling.

(iii) Type III, gravel pack wells [See Section 6(a)(iii)] shall be grouted from bottom to top in order to accomplish a complete seal. Grout slurries shall not be poured from the land surface through a column of water. In order to place the grout in wells with water columns, it shall be pumped via tremie pipe by positive displacement or similar method (pressure grouted) from the bottom of the well to a sufficient elevation such that an uninterrupted seal may be emplaced to the land surface. The upper surface portion of the cased well must be cut off a minimum of 18 inches below ground level and the area back-filled with enough clean soil material to allow for settling.

(iv) Plugging of open-hole completed wells [Type IV Wells, see Section 6(a)(iv)] shall consist of grouting the entire well. Necessary pressure grouting procedures shall be utilized to permanently seal off flow and/or pressure of the artesian aquifer such that surface or subsurface leakage will not occur.

(v) Type V Wells [see Section 6(a)(v)] shall be decommissioned in the same manner as that prescribed for Type III Wells.

(vi) Type I, II, or III wells may alternately be grouted from bottom to top with bentonite grout to create a complete seal.

(c) If there is any question of proper procedure for extraordinary plugging/abandonment conditions, the State Engineer's Office, Ground Water Division must be consulted for instruction before commencement of plugging activities.

(d) Upon completion of plugging and abandonment of a water well, the well owner shall report the date and method of abandonment to the State Engineer's Office, Ground Water Division with reference to the State Engineer permit number issued for the well and the well location.

Section 5: Water Quality.

(a) The State Engineer recommends that a water quality sample be collected after well construction and aquifer testing is complete. The sample should be collected in an acceptable manner and container and submitted to a qualified laboratory for chemical and/or biological analysis. Additionally, the State Engineer recommends that water quality samples be collected and analyzed at periodic intervals during the life of the well for both chemical constituents and biological materials.

(b) If the water well is to be developed for human consumption serving fifteen (15) or more service connections, or twenty-five (25) or more persons, for sixty (60) days or more a year, regulations developed under the Federal Safe Drinking Water Act apply. Specific requirements of the Act are available from the Water Supply Section Region VIII, U.S. Environmental Protection Agency, 1595 Wynkoop St, Denver, CO 80202. The provisions of Chapters 3, 11 and 12 of the Wyoming Water Quality Rules and Regulations also apply. You are advised that plans and specifications covering the proposed construction, installation, or modification of any public water supply system designed for this purpose are required to be submitted to and a permit to construct obtained prior to the start of construction from, the WDEQ-WQD, Herschler Building – 4W, Cheyenne, WY 82002; phone number: 307-777-7781.

History

Effective 2010-04-06

Chapter 5 Appendices

Wyo. Code R. 037.0009.5.04062010 Appendices

CHAPTER 5

APPENDICES

Appendix A

DISINFECTION TABLE *

(PRODUCES A 100 mg/l SOLUTION PER 10 FEET OF CASING LENGTH)

| NOMINAL CASING OR BOREHOLE DIAMETER | GALLONS OF WATER PER 10 FEET OF CASING | 6% Chlorine HOCl Clorox, Purex, Sno-White, White Magic, etc. (Sodium Hypochlorite) | 10% Chlorine HOCl Liquid Bleach (Sodium Hypochlorite) | 70% Chlorine HOCl “High Test” (Calcium Hypochlorite) | 100% Chlorine Cl2 | | --- | --- | --- | --- | --- | --- | | (inches) | (gal/10ft.) | fluid oz. | fluid oz. | dry oz. | fluid oz | | 4 | 6.5 | 1.7 | 0.9 | 0.1 | <0.1 | | 5 | 10.2 | 2.6 | 1.4 | 0.2 | 0.1 | | 6 | 15.0 | 3.8 | 2.0 | 0.3 | 0.2 | | 8 | 26.0 | 6.6 | 3.5 | 0.5 | 0.35 | | 10 | 40.8 | 10.4 | 5.4 | 0.8 | 0.5 | | 12 | 58.7 | 14.9 | 7.8 | 1.1 | 0.8 | | 16 | 104.4 | 26.5 | 13.9 | 2.0 | 1.4 | | 20 | 163.2 | 40.8 | 21.2 | 3.3 | 2.2 | | 24 | 235.0 | 59.7 | 30.6 | 4.5 | 3.1 | | 36 | 528.7 | 132.2 | 68.7 | 10.6 | 7.1 | | 48 | 940.0 | 235.0 | 122.2 | 18.8 | 12.5 |

For 50 mg/l solution, divide values by 2; for 200 mg/l solution, multiply values by 2. U.S. liquid measure - 1 gal = 4 qt = 8 pt = 128 fl oz U.S. dry weight measure - 16 oz = 1 lb

*Modified from National Ground Water Association, Manual of Water Well Construction Practices and State of Missouri Well Construction Rules

Appendix B CONVERSION TABLES

VOLUME CONVERSIONS FOR WATER LENGTH

1 cubic foot = 7.48 gallons = 62.4 lbs 1 inch (in) = 2.54 centimeters (cm)

1 cubic foot = 28.317 liters 1 foot (ft) = 12 in

1 gallon = 231 cubic inches 1 meter (m) = 39.37 in = 3.28 ft = 100 cm

1 gallon = 8.3 pounds 1 centimeter = 10 millimeters (mm)

1 gallon = 4 quarts = 3.7853 liters

1 cubic yard = 27 cubic feet AREA

1 cubic yard = 202 gallons 1 square inch (sq in) (in 2)

1 liter = 0.264 gallon 1 square foot (sq ft) (ft 2) = 144 in 2

1 liter = 2.205 pounds 1 acre (a) = 43,560 ft 2

1 cubic meter = 2204.5 pounds 1 square mile = 640 acres

1 cubic meter = 1000 liters

1 cubic meter = 35.4 cubic feet WEIGHT

1 cubic meter = 265 gal 1 pound (lb) = 16 ounces (oz)

1 acre-foot = 43,560 cubic feet 1 pound = 453.6 grams (g or gm)

1 acre-foot = 325,851 gallons 1 pound = 7,000 grains (gr)

1 million gallons = 3.0684 acre-feet 1 kilogram (kg) = 1,000 grams = 2.205 pounds

RATES OF FLOW PRESSURE

1 second-foot/day = 1.984 acre-feet/day 1 bar = 100 kilopascals

1 second-foot/day = 86,400 cubic feet 1 bar = 14.5 pounds/square inch

1 cubic foot/second = 448.8 gal/min 1 pound/square inch = 2.31 feet of water

1 cubic foot/second = 646,317 gal/day

1 gallon/minute = 192.5 cubic feet/day

1 gallon/minute = 0.00442 acre-foot/day

1 gallon/minute = 1.61 acre-feet/year

1 cubic meter/second = 35.31 cubic feet/second

1 cubic meter/second = 70.02 acre-feet/day 1 acre-foot/day = 0.32585 million gallons/day

LENGTH

1 inch (in) = 2.54 centimeters (cm)

1 foot (ft) = 12 in

1 meter (m) = 39.37 in = 3.28 ft = 100 cm

1 centimeter = 10 millimeters (mm)

AREA

1 square inch (sq in) (in2 )

1 square foot (sq ft) (ft2 ) = 144 in2

1 acre (a) = 43,560 ft2

1 square mile = 640 acres

WEIGHT

1 pound (lb) = 16 ounces (oz)

1 pound = 453.6 grams (g or gm)

1 pound = 7,000 grains (gr)

1 kilogram (kg) = 1,000 grams = 2.205 pounds

PRESSURE

1 bar = 100 kilopascals

1 bar = 14.5 pounds/square inch

1 pound/square inch = 2.31 feet of water

History

Effective 2010-04-06

64 Weather Modification Board

Chapter 1 Organization

Wyo. Code R. 037.0008.1.05031971 Organization

CHAPTER I

ORGANIZATION

Section 1. Authority and Composition. This Board was created by S 2, Ch. 131, Session Laws of Wyoming 1951 (S 9-268, Wyo. Stat. 1957), which states: "There is hereby created a Board, to be known as the State Weather Modification Board. The members of the Board shall consist of the State Engineer, the Commissioner of Agriculture, and the President of the University of Wyoming or their designated representatives. . . ."

It is declared that the State of Wyoming claims its sovereign right to the use for its residents and best interests, the moisture contained in the clouds and atmosphere within its State boundaries. Also, it is declared that research and experimentation in artificial weather modification shall be encouraged. (S 9-267, Wyo. Stat. 1957.)

Section 2. Compensation. The members shall serve on the Board without pay but shall be entitled to charge actual expenses incurred therewith to the department by which they are primarily employed. (S 9-268, Wyo. Stat. 1957.)

Section 3. Function. The primary function of the Board is to procure, compile, and evaluate information relative to weather modification experiments and activities within the State boundaries and to recommend issuance of permits by the State Engineer for any weather modification activities. The term "weather modification" means changing, or controlling, any of the weather phenomena by chemical, mechanical, or physical methods. (9 9-269, Wyo. Stat. 1957.)

Section 4. Officers. In accordance with the Bylaws adopted by the Board, the officers of the Board shall consist of a Chairman and a Secretary. The Chairman shall be elected at the first meeting held each year and shall be one of the Board members. The Secretary need not be a member of the Board, and shall be elected at the first meeting held each year. The Chairman and the Secretary shall hold office for one (1) year or until a successor is elected.

Section 5. Meetings and Quorum. Meetings of the Board shall be held at such times and places, as in the judgment of the Chairman, appear necessary and no specific date shall be established for such meetings. Two (2) members shall constitute a quorum.

Section 6. Minutes. Minutes shall be kept of the proceedings of the Board and furnished to each member.

Section 7. Funds. Fees received by the Board for permits shall be used by the Board for necessary administrative expenses and shall be deposited in the "State Weather Modification Board Fund" in the State Treasurer's office, and expended on vouchers signed by the Chairman, and approved by at least one (1) other member of the.Board.

History

Effective 1971-05-03

Chapter 2 Powers and Duties

Wyo. Code R. 037.0008.2.05031971 Powers and Duties

CHAPTER II

POWERS AND DUTIES OF BOARD

Section 1. Weather' Modification Operations. Weather modification operations shall be conducted in the case of individuals holding permit only under the direct and actual supervision of the person holding such permit, and in.case of a corporation, a partnership, institution, association, or governmental agency, shall be conducted only under the actual and personal supervision of a person or- persons designated by such corporation, partnership, or association, submitted to the Board and by such Board approved; provided such person or persons can demonstrate to the Board's satisfaction that he has or they have adequate qualifications in the atmospheric sciences. (Amended W-25

Section 2. Permit Required. It shall be unlawful for anyone to engage in weather modification activities except under and in accordance with a permit issued by the State, Engineer. The State Engineer may issue such permit only upon the recommendation of the Weather Modification Board, and in such form as prescribed by the Board. (5 9-270, Wyo. Stat. 1957.)

Section 3. Permits-to Conduct-Weather-Modification Experiments or Activities. A permit shall be issued for. each experiment or activity within a specific period of time, and shall be revocable by the State Engineer upon recommendation of the Board, in accordance with such procedures as the Board shall establish.- (S 9-271, Wyo.-Stat., 1957, as amended by S 1, C..104, S.,L. of W o..1.971.) (Amended, MAY 2 3 1971

a. A fee of Twenty-Five Dollars ($25.00) shall be charged for each permit, or renewal thereof, so, issued. (S 9-2 ' 71,,Wyo. Stat. 1957, as amended by S 1, C..104,-.S. L. of Wyo. 1971.) (Amended..

b. A permit shall be issued only to a person or @ persons who can demonstrate to the Board's satisfaction, that he has or they have adequate qualifications in the atmospheric sciences, pursuant to 5 9-271, Wyoming Statutes 1957, as amended by S 1, Chapter, 104, Session Laws of Wyoming 1971. (Amended MAY 2 @, 1971

c. Said permit will be issued for a 1-year period, extending from October 1 of one (1) year to September 30 of the following year. All permit ' s shall terminate on September 30. The granting of a-permit shall not guarantee the holder thereof any right of-renewal whatsoever.

Section 4. Rules Governing Permits. A permit shall be issued for each experiment or activity specifying a definite period of time within which such experiment or activity may be conducted and a definite area of terrain over which the experiment or activity may extend. Such permit must contain the following:

. a. A requirement that the applicant will notify the Board of commencement of each separate activity or operation, and that progress reports in writing shall be made to the Board every thirty (30) days during the period of the experiment if in the opinion of the Board, it appears necessary, or advisable.

b. A complete report in writing covering the whole of every experiment shall be filed with the Board within thirty (30) days after the experiment or activity is completed.

Section 5. Service of Process. All licensees shall designate a resident of the State of Wyoming for service.

Section 6. Corporation and Partnerships.

a. Articles of Incorporation for out-of-state corporations must be filed with the Secretary of State's Office, and evidence of iddh"filings must accompany the application for permit filed with the Board.

b. A copy of a resolution signed by all officers, of a corporation or partnership must accompany the application for permit., I giving the member or members of the firm who can demonstrate to the Board's satisfaction that he has or they have adequate qualifications in the atmospheric sciences, power of attorney to act for said corporation or partnership', and indicating that s . aid -corporation or partnership agrees to assume full responsibility for this individual or individuals as their designated agent.or agents. (Amended MAY 2 3 1971

Section 7. Responsibility and Liability. All applicants, except for institutions or governmental agencies, shall furnish the following evidence of responsibility and liability either at the time their application is submitted or before a permit is issued:

a. Evidence to adequate liability insurance will be furnished prior to the time a permit is issued. The minimum of liability coverage required will be Three Hundred.Thousand Dollars ($300,000.00). 'The Board may require more than, Three Hundred Thousand Dollars ($300,000.00) of liability coverage if the circumstances indicate desirability of additional coverage.

b. A certified copy of a Performance Bond, the amount of which shall be equal to or greater than the contract price for the weather modification activities, is to be furnished prior to the time a permit is issued.

c. The application for permit and the permit shall contain a statement holding the Board, the State of Wyoming and any State officers, officials, and employees harmless from any liability. (S 9-276, Wyo. Stat. 1957.)

Section 8. Fees. A fee of Twenty-Five Dollars ($25-00) shall be charged for each permit, or renewal thereof, so issued.(S 9-271, Wyo. Stat. 1957, as amended by S 1, Ch. 104, S. L. of Wyo. 1971.) (See also Chapter I, Section 7 - Funds.) (Amended MAY 2 3 1971

Section 9. Authority to Receive and Accept Funds. The Board is authorized to receive and accept for and in behalf of the State, any and all funds which may be offered or become available from federal grants or appropriations, private gifts, donations or bequests, or any other source, and to expend such funds for the expenses of administering this Act [SS 9-267 to 9-276], and for the encouragement of experimentation in weather modification by the University of Wyoming, or any other appropriate State or public agency, either by direct grant, by contract, or other cooperative means. (S 9-275, Wyo. Stat. 1957.)

Section 10. Failure to Obtain Permit, Penal@Z. Any person, persons, corporation, institution, or group engaging in a weather modification experiment without a permit shall be guilty of a felony, and upon conviction, subject to a fine not to exceed One Thousand Dollars ($1,000.00) or by imprisonment in the penitentiary for not less than one (1) nor more than five (5) years. (S 9-274, Wyo. Stat. 1957.)

Section 11. Amendment of Rules. Any amendments to these Rules shall become effective as provided by SS 9-276.21 and 9-276.22, Wyo. Stat. 1957, as enacted by SS 3 and 4, Ch. 108, S. L. of Wyo. 1965.

History

Effective 1971-05-03