037-7 Wyo. Code R. § 7-3

Current through April 27, 2019

Section 7-3 - 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 wel 1 (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 well 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, Jelm, 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 40 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-SE1/4NW1/4

  11 acres-NE1/4NW1/4

  J7_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:_________________________

037-7 Wyo. Code R. § 7-3