037-7 Wyo. Code R. § 7-5

Current through April 27, 2019

Section 7-5 - Petition for Amendment of Description of Land

a. Under the provisions of Section 41 - 213(A), Wyoming Statutes 1 957, as amended by Section 1, Chapter 214, Session Laws of Wyoming 1961, the State Engineer is authorized, upon written petition of the owner, to amend any permit to appropriate water prior to the adjudication by the State Board of Control for the purpose of correcting errors or otherwise, when in his judgment such amendment appears desirable or necessary; provided the total area of lands may not exceed the area described in the original permit. A petition for amendment of description of land must meet the following requirements:

• (1) HEADING - State the purpose of the petition, identify the well by permit number and name.

• (2) OPENING STATEMENT - Identify the petitioner, show a mailing address, and give general introduction.

• (3) ITEM 1 - State that the petitioner is the sole owner of the well and the lands irrigated thereunder. This statement should be substantiated by a Certificate of Ownership of the County Clerk of the county in which the lands are located.
  • (a) If the lands are included in an Irrigation District, the co-petitioners should be the district, acting through its duly authorized agent and the owner of the well. The petition should state that the lands affected are within the district, and should specify the ownership.

• (4) ITEM 2 -- Give the status of the permit, such as "Permit No. U.W. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."
  • (a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.

• (5) ITEM 3 - State the reason a correction or amendment of land description is desired or necessary.

• (6) ITEM 4 - Describe the lands which are to be excluded from the permit.

• (7) ITEM 5 - Describe the lands which are to be substituted in lieu of the lands being excluded. The total area of the substituted lands cannot exceed the total area of the lands proposed to be excluded from the permit.

• (8) ITEM 6 - State whether or not any other appropriator will be injured.

• (9) ITEM 7 - The accompanying map should show accurately the location of the well, the location and extent of the lands proposed to be excluded from the permit, and the location and extent of the lands to be substituted in lieu thereof. The map must also show the means by which the substituted lands will be irrigated.

• (10) ITEM 8 - Indicate the amount of fees which accompany this petition.

• (11) PRAYER - Set-out the prayer of the petitioner. The prayer of the petitioner should clearly describe the requested amendment of description of land.

b. The sample petition on page 74 may be used as a guide for preparing a petition for amendment of description of land.

PETITION FOR AMENDMENT OF LAND ) BEFORE THE

DESCRIPTION IN PERMIT NO. U.W. ) STATE ENGINEER

20345, THE GREEN NO. 1 WELL ) CHEYENNE, WYOMFNG

STATE OF WYOMING )

)SS.

COUNTY OF SWEETWATER )

COMES NOW, Fred Smith of Green River, County of Sweetwater, State of Wyoming, and who being duly sworn on oath according to law, does make the following statement of facts and petition:

• 1. THAT the lands referred to in this petition are owned by Fred Smith as evidenced by the accompanying Certificate of Ownership.

• 2. THAT Permit No. U.W. 20345 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

• 3. THAT certain lands under Permit No. U.W. 20345, the Green No. 1 Well, with priority of February 26, 1959, owned by Fred Smith, have been flood irrigated.

• 4. THAT the lands referred to above as having been flood irrigated are described as follows:

  Section 15, T.26N., R.98W.

  6 acres- SW1/4NE1/4

  24 acres-SE1/4NE1/4

  40 acres - NE1/4 SE1/4

  40 acres -NW1/4 SE1/4

  35 acres-SW1/4SE1/4

  JJacres - SE1/4 SE1/4

  162 acres-TOTAL

• 5. THAT certain lands owned by Fred Smith, which are not included in the lands irrigable under Permit No. U.W. 20345, the Green No. 1 Well, may be irrigated and produce crops; these lands are described as follows:

  Section 15, T.26N., R.98W.

  5acres-SWl/4SEl/4

  23 acres - SE1/4 SE1/4

  28 acres - TOTAL

• 6. THAT it is desired to omit the 6 acres in the SW1/4 NE1/4 and the 24 acres in the SE1/4 NE1/4 of Section 15, T.26N., R.98W. from Permit No. U.W. 20345 and incorporate the acreage in Item 5. The reason being that it is more feasible to install a center pivot self-propelled sprinkler system.

• 7. THAT the exclusion of lands described in Item 4, and the inclusion of the lands described in Item 5 in lieu thereof in Permit No. U.W. 20345, the Green No. 1 Well, will not injure other appropriators from the same source of supply.

• 8. THAT a map in duplicate, prepared by John Smith, a licensed professional engineer of Rock Springs, Wyoming, showing the situation, accompanies this petition.

• 9. THAT recording fees in the amount of $______accompany this petition.

  IT IS THE PRAYER of the petitioner that some of the lands described in Item 4 be excluded from the irrigable lands described in Permit No. U.W. 20345, the Green No. 1 Well; that the lands described in Item 5 be included in lieu thereof, in the irrigable lands in Permit No. U.W. 20345; and that this petition be recorded in Miscellaneous Records in the State Engineer's Office.

  Respectfully submitted,

  (Signed)_____________________________

  FRED SMITH

  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. § 7-5