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.
037-2 Wyo. Code R. § 2-13