037-3 Wyo. Code R. § 3-2

Current through April 27, 2019

Section 3-2 - 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;
  • (c) No charge, hidden or otherwise, is levied for the use of the water;
  • (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 Vi NE Va Section 23, T.18N., R. 69W., of the 6^th 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.

037-3 Wyo. Code R. § 3-2