037-1 Wyo. Code R. § 1-16

Current through April 27, 2019

Section 1-16 - 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.

037-1 Wyo. Code R. § 1-16