a. Request for storage to the State Engineer. - (1) Before any storage of water under the conditions of this Chapter can be allowed, a written request must be submitted to the State Engineer. A form has been prepared which, when properly completed, will supply the State Engineer and the Board of Control with necessary information so that a decision can be made with regard to the storage of the direct flow appropriation. (Note; This request form is prepared for the purpose of storage of water under a direct flow irrigation right only. In the event storage is proposed under a direct flow right issued for some purpose other than irrigation, it is suggested that as much information as possible be furnished on this form concerning the proposal together with whatever supplemental information is deemed necessary. The State Engineer will then determine if such proposal appears feasible.)
b. Explanation of Form. - (1) Item 1 requests the name or names of the water right holders of the direct flow right proposed for storage and the address of said holder or holders.
- (2) Item 2 requests information concerning the water right proposed to be stored and is generally self-explanatory. In the event that all of the information requested in Item 2 is not available to the applicant, it is Suggested that the Water Commissioner, Water Division Superintendent or the State Engineer's Office be contacted for assistance in securing the needed information for completion of this portion of the request, In the event that more _than one direct flow appropriation is involved, a_ separate request is required for each such appropriation proposed for storage.
- (3) Item 3 requests a history of the use of the appropriation,,
- (4) Item (a) inquires as to whether the right proposed to be stored is an active right in use at the present time. Any right presently not in use cannot be utilized for storage since this would constitute a reactivation of the right not being used to the detriment of other water right holders on the same drainage who are utilizing their rights.
- (5) Item (b) details the diversion of water under the appropriation during the immediate past five year period. The information requested is for the purpose of showing clearly the dates and amount of diversion in each year. Information supplied in answer to Item 3 (b) will be used as a basis for determining how much water may be stored under the proposal. The information supplied in answer to this Item will be verified by the Water Commissioner, Water Division Superintendent and by the water right diversion records submitted to the State Engineer's Office. In the event that verification cannot be made as to the time and quantity of water diverted and used under the direct flow right, there would be no basis for allowing storage of such direct flow appropriation.
- (6) Item 4 requires the name and location of the reservoir to be utilized in the proposal and requests information concerning the storage of such water in the reservoir. If the reservoir in question is already covered by an existing water right, then the permit number of such right should be supplied. If not available to the applicant, the permit number should be secured from water administrative officials. In the event that the proposal contemplates utilization of a new reservoir which has not been constructed and which does not have a water right permit, a water right filing should be made according to procedures outlined in the Manual of the State Engineer's Office and a water right secured. The securing of a permit for the new reservoir will establish a record of the right and will also allow storage in said reservoir at such times as water is available under the priority established by the filing.
- (7) Item 5 deals with the ownership of the storage reservoir to be used. If the reservoir is owned by the party owning the direct flow appropriation, this fact should be indicated and nothing further is necessary in connection with this item. However, if the reservoir is owned by another party, then a written agreement must be filed with the request stating that the applicant has the permission of the owner of the reservoir to store the applicant's direct flow appropriation in said reservoir and setting out any conditions for such storage imposed by the reservoir owner.
- (8) Item 6 requests information concerning how the storage of the direct flow right is to be accomplished. Information is also requested concerning the time during which storage is proposed. For example, is storage proposed during the non-irrigation season, during fall, winter or spring, or is it intended to be stored during the irrigation season? This should be set out as specifically as possible so that the effects of the proposed storage can be assessed.
- (9) Item 7 should be completed by describing the lands it is proposed to irrigate with the water stored under the proposal. The use of water stored under a direct flow right is restricted to only those lands covered under the direct flow right utilized as a source of supply for storage.
- (10) Item 8 requires a sketch map detailing the proposal, including location of the stream, the location of the point of diversion and the ditch for the direct flow involved, the location of the reservoir where the water is to be stored and the location of the point of use together with any other pertinent information. Much of this information can be secured from the water right records of the State Engineer's Office, together with other maps such as the U.S.G.S. topographic maps. The map should also show how the proposed system is to be operated. If the space provided for the sketch map is not sufficient, then a separate sketch map can be prepared and attached to the request showing the proposal.
- (11) The Remarks Section following can be utilized for further explanation or clarification of any aspect of the proposal which had not been fully explained in the preceding section of the request.
- (12) This is followed by agreement by the applicant(s) that such storage will be accomplished without injury to other appropriators and will be accomplished at the applicant's risk. The applicant(s) also agree(s) that the exercise of the proposal contained within the request is subject at all times to the control of the water administrative officials. Written notification to the Water Commissioner and to the appropriate Water Division Superintendent shall be a condition precedent to allowing the storage of any direct flow right, and such notification shall be made each time storage of water is proposed. Written approval of the Water Commissioner will also be required each time water is to be stored.
- (13) The remainder of the form is for use by the water administrative officials and includes a statement by the Water Commissioner setting forth the conditions as he knows them to be in connection with the direct flow right involved. This statement will indicate whether or not the direct flow water right has been actively used each year, the period of time during the year that the water right has been exercised, and an indication as to the amount of water diverted as well as the number of acres irrigated. This statement is intended to provide a history of the past use of the right and to indicate how fully the right has been used and during what period of the year the right has been used. This information will be helpful to the State Engineer and Board of Control in determining whether or not storage should be allowed under the proposal.
- (14) The remainder of the form is self-explanatory.
Since approval of the Board of Control is required, it should be noted that the Board only meets in two regularly scheduled meetings each year. The first meeting begins on the second Wednesday in May and the second meeting begins on the third Wednesday in November. Consequently, in order to be given consideration at a particular Board meeting, the request should be submitted to the State Engineer at lease forty-five (45) days prior to such Board meeting. The request can then be considered by the Board and final action will then be taken as soon as practicable thereafter.
The key to the length of time which might be necessary before final action can be taken will be how much verified history of diversion and use of the water right Is available. Since a proper investigation and determination concerning the proposal can take considerable time, it is recommended that the request be submitted as far in advance of a Board meeting as possible. It may be necessary to hold a public hearing in some instances in connection with a request if it appears to the Board to be in the public interest to do so. A thorough investigation of each proposal will be necessary before the Board of Control takes any action.
037-10 Wyo. Code R. § 10-3