037-2 Wyo. Code R. § 2-5

Current through April 27, 2019
Section 2-5 - 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.

037-2 Wyo. Code R. § 2-5