037-3 Wyo. Code R. § 3-2

Current through April 27, 2019

Section 3-2 - Application Form for Original Water Right

Original water right applications should be submitted on Form S,W, 1; copies of which are available at the State Engineer's Office. The following sections identify the questions and outline the method for answering them.

a. NAME OF FACILITY - Use a short, distinctive name. If numerals are used to identify facilities of the same general name, they should be stated as follows: "Brown No. 1 Ditch or Brown No. 2 Ditch". To designate a sprinkler irrigation system, a name such as "Vore Sprinkler Irrigation System" (No. 1 or No. 2, etc., if applicable) may be used.

NOTE: In special cases where diversion is to be made from a new source of supply but utilize existing facilities, the facility name should not be changed. The new point of diversion should be identified as a hyphenated name following the name of the original facility. For example: If a new diversion is to be made out of Cherry Creek into an existing Smith Ditch diverting from another source, the diversion should be entitled "Smith Ditch - Cherry Creek Diversion" with a proper tie to the new diversion point. File on Form S.W.

• 1. Show complete Smith Ditch and all existing lands under Smith Ditch, including lands under this applicatlon. A signed Consent to Enlarge Statement is required. Treat as an application for enlargement in all respects except Form S.W. 1 must be used.

b. ITEM 1 - "The name(s) and complete mailing address(es) of the applicant(s) is/are . . . ," -- Include all parties having an interest in the application, and give the complete mailing address of each applicant. Ordinarily the same names should be used as those shown on the deed to the lands involved. If lands proposed to be irrigated or on which beneficial use of water is to be made are State lands, the State Board of Land Commissioners, State Capitol Building, Cheyenne, Wyoming, 82002, oust be named as co-applicant.

c. ITEM 2 - If more than one applicant is shown, designate one as agent to receive and file the notices of commencement, completion and beneficial use of water.

d. ITEM 3 - "The use to which the water is to be applied is . . . ."This item should show the immediate beneficial use that is being applied for.

• (1) It is the general policy of the State Engineer to grant permits for direct flow diversions for only one beneficial use. The practice of filing applications containing a number of beneficial uses causes endless confusion and usually the additional uses are never developed and remain on the records in an indeterminate status. With the exception of the combination of irrigation and stock purposes, applications should be filed for a single beneficial purpose .

• (2) In the event that it becomes necessary to file an application with a number of beneficial uses, the following policy is instituted by this Manual: "If more than one beneficial use of water is applied for, the location and ownership of the point of use for all proposed beneficial uses must be shown in Item 10 of the application and the details of the facilities used to divert and convey the appropriation must be shown on the map in sufficient detail to allow the State Engineer to establish the amount of appropriation. In multiple use applications, stock and domestic purposes are limited to 0.056 cubic feet per second or the capacity of the pipeline, whichever is the lesser amount.

• (3) The following categories of beneficial use are established and defined:
  • (a) Irrigation use is the irrigation of any lands for agricultural purposes not included in the definition of domestic use.
  • (b) Municipal use is water used within a municipality* (Water used within non-municipal subdivisions, trailer courts, etc. is not considered to be municipal use.)
  • (c) Industrial use includes water used in oil field secondary recovery operations, industrial processing, mining and other more or less permanent industrial uses.
  • (d) Domestic use is defined as household use and the watering of lawns and gardens for non-commercial family use, where the area to be irrigated does not exceed one (1) acre,
  • (e) Stock use is the normal watering of livestock. If feed lot operations are involved, the use should be designated as "Miscellaneous" and then described in detail in the application.
  • (f) Miscellaneous uses consist of any other beneficial uses not previously described. This would include, but is not limited to, use of water for trailer courts, campgrounds, temporary drilling or other temporary industrial purposes, authomobile service stations, motels and subdivision developments. NOTE: If the use is described as "Miscellaneous", the use must be described completely and accurately.

e. ITEM 4 - "The source of the proposed appropriation is . . . ." -- Give the name of the source from which the water is to be diverted, and the names of the various tributaries into which it flows. This procedure should be carried out until a main stream is reached. For example: Nash Fork, tributary of North Fork Little Laramie River, tributary of Little Laramie River, tributary of Laramie River, tributary of North Platte River," Be sure to use the correct names for all streams. If in doubt as to the correct name, refer to the 'Tabulation of Adjudicated Water Rights" compiled by the State Board of Control, or write to the State Engineer requesting information.

f. ITEM 5 -- "The point of diversion of the proposed works is located . . . ." -- Show a tie by course and distance from the nearest corner of the public land survey. For example: "N. 45° 10' E., 450 feet distant from the southwest comer of Section 8, T.12N., R.79W., and is in the SW1/4SW1/4of Section 8, T.12N., R.79W."

• (1) Corners of lots or tracts in resurveyed townships may be used. If the point of diversion is in a lot or tract, the location should be described accordingly.

• (2) If several points of diversion for an appropriation will be made from the same source, as In the case of a movable sprinkler irrigation facility, show the first point of diversion under Item 4 with a notation to see "REMARKS" for additional points of diversion. All other points of diversion should then be listed under "REMARKS". For example: "Pump Site No. 2 - N. 45° 00¹ E., 450 feet from the southwest comer of Section 8, T.12N., R.79W., and is in the SW1/4SW1/4, Section 8, T.12N., R. 79W.; Pump Site No. 3," etc.

g. ITEM 6 -- "Are any of the lands crossed by the proposed facility owned by the State or Federal Government? If so, describe lands and indicate whether State or Federally owned." - This requirement is made necessary as the result of a memorandum of understanding between the State Engineer's Office and agencies administering Federal and State lands.

h. ITEM 7 - "The carrying capacity of the ditch, canal, pipeline or other facility as the point of diversion is . . _a ," -- The amount shown should agree with the capacity shown on the map accompanying the application. Capacity must be shown in cubic feet per second.

i. ITEM 8 -- This item is a statutory requirement. The map accompanying the application is a part of the application and subject to the actions taken on the application. The State Engineer, by a specific condition to the issuance of a permit, may require the later filing of detailed construction plans. In order to simplify the application, a great deal of data is placed on the map rather than on the printed form.

j. ITEM 9 - Under this item, the applicant should specify, for the benefit of the State Engineer, the amount of time he will require to commence and complete construction and make a beneficial use of the water. Many small projects may be completed within one year.

NOTE: Upon approval of an application for a permit, the maximum time which can be granted by the State Engineer is 5 years; however, time limits set by the State Engineer may be extended for good cause shown if written request is made before the expiration date set forth in the permit.

k. ITEM 10 -- "The land to be irrigated under this permit is described in the following tabulation: (Give irrigable acreage in each 40-acre subdivision. Designate ownership of land, Federal, State or private. If private, list names of owners and land owned separately.) If application is for stock, domestic, or for purposes other than irrigation, indicate point of use by 40-acre subdivision and owner." -- See the sample application on page 16 for the proper way to complete this item,

• (1) In case the lands to be irrigated are too extensive to be tabulated in the space provided on the application, they should be tabulated on special land description forms. These blank forms may be obtained from the State Engineer's Office. (See example on pages 17 and 18.)

• (2) A sample application for irrigation (original and supplemental water right), stock and domestic use, is provided on pages 15 and 16, Item 10 of the sample application illustrates the method to be used in detailing several types and places of use. Most applications will refer to only a single type and place of use. In designating such uses, use only those examples that apply to the particular situation.

037-3 Wyo. Code R. § 3-2