037-4 Wyo. Code R. § 4-3

Current through April 27, 2019
Section 4-3 - Temporary Acquisition of an Existing Right

a. A second means of acquiring the right to the use of water for these various temporary uses is by following the provisions of Sections 1 - 10.1 and 41 - 10.2, Wyoming Statutes 1957 (Laws 1959), as amended by Sections 1 and 2, Chapter 193, Session Laws of Wyoming 1971" This legislation authorizes the temporary acquisition of an existing adjudicated or valid unadjudtcated water right for temporary use in connection with highway or railroad roadbed construction, drilling for oil or gas, exploring for ore bodies and other temporary purposes* The maximum time allowed for such temporary use may not exceed a 2-year period.

b. In order to make such temporary change in use, it is necessary that an agreement be entered between the temporary user of the water and the owner of the water appropriation.

  • (1) In the case of temporary use of water for highway construction, the law requires that the agreement be between the State Highway Department and the owner of the water appropriation.
  • (2) This agreement must identify the water right to be utilized to supply water for the temporary use, its source of supply, priority, the amount of appropriation, point of diversion, and the amount of water to be diverted by such temporary use.
  • (3) Agreement formB for temporary highway use are available from the Wyoming Highway Department through the Highway District or Resident Engineer, and are self-explanatory. Agreement forms for other temporary uses are available from the State Engineer's Office. See examples on pages 28 through 31.

c. A sketch map must accompany the agreement showing the location of the ditch, pipeline or reservoir, and the temporary users point of diversion, any intervening rights, a general layout of the system, and the point where the temporary use will be made.

  • (1) A notation should also be placed on the sketch map describing generally how the water will be diverted, the maximum rate of diversion, and a description of the general system*
  • (2) A sample map on page 32 shows the required information for temporary highway use. A sketch mflp for other temporary uses should incorporate the same general information as shown on the sample highway map.

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    WATER AGREEMENT

    For Temporary Use ol Water

    THIS AGREEMENT, made and entered into this ___ day of ___________

    19____. by and between _________________________________

    of___________________________, ___________________hereinafter referred

    (address)

    co as the "User" and________________________________________________________

    (water aooropriator's name and address)

    _________________________ hereinafter referred to as "Appropriator".

    WITNESSETH:

    1. Upon receiving authority from the State Engineer, State of Wyoming, Aopropriator shall deliver to the User a total amount of ____________________ of water from the following described

    (number of gallons, acre-feet)

    appropriation:

    ________________ ____________________________

    (Permit Number) (Name of Well, Ditch or Reservoir)

    ____________________ ________________________

    (Priority) (Source of Supply)

    _________________._________________________________________

    (Amount of Appropriation) (Location of Record Point of Diversion of Ditch or Outlet or Reservoir or Well under this Appropriation)

    _________________ ___________________________

    (portion of this Anpropriation held by Water Appropriation)

    (Location of User's Point of Diversion)

    2. The water to be supplied by Appropriator to the User shall he supplied at a maximum rate of______________________ (gallons per minute or cubic feet ___________ with total daily diversion of______________, per second) (acre-feet or gallons per day) and said water shall be used for ________________________ (Indicate where and for what purpose ___________________________________________________ water will be used and describe method and point of withdrawal, etc.) _________________________________________________________ _________________________________________________________

    3. It is understood and agreed by the Appropriator that in order to satisfy the consumptive use-return flow formula set forth . in Wyoming law. as it applies to direct flow appropriation. It will be necessary For the Appropriation to forego the use of up to double the amount of water diverted under this Agreement as specified in paragraphs 1 and 2', unless an adjustment is made in this requirement by the State Engineer.

    4. Throughout the term of this Agreement the User agrees that day to day water withdrawals hereunder shall be in such nearly even Quantities as possible to the end that waste thereof shall not be created either by the User or by the Appropriator.

    5. The User agrees to furnish one (i) copy of a sketch map or any other map necessary for transmittal with this Agreement showing the User's proposed point of diversion, general layout of system and the proposed point of use. as well as location of the water right involved. The items to be depicted on said man shall be shown with reasonable accuracy within the proper legal subdivision, section, township and range.

    6. For and in consideration of the water to be furnished under the terms of this Agreement, the User agrees that Appropriator shall receive in payment thereof _______ cents per M gallon, the foregoing to be full consideration for this Agreement and paid or performed by the User at its sole cost and expense.

    7. This Agreement shall be in existence and binding upon the parties hereto for a term of _________________ from and after the date of

    (length of time) approve;]

    approval by the Stare Engineer or until such time as the total amount of water contracted for has been supplied, whichever occurs first. but in no event shall exceed a period of two years from the date of approval by the State Engineer.

    This Agreement is made nursuant to Chapter 193. Session laws of Wyoming. 1971, authorizing the temporary acquisition of adjudicated or valid unadjudicated water rights for highway, railroad construction or repair, drilling operations or other temporary purposes by purchase, gift or lease by the User and providing for the method of said acquisition.

    USER:

    By _______________________________________________

    Title ____________________________________________

    =========================================================

    APPROPRIATOR:

    ______________________________

    ______________________________

    =========================================================

    APPROVED:

    ____________________________________

    State Engineer of Wyoming

    ____________________________________

    Date

    INSTRUCTIONS

    1. This form is to be used for Agreements, involving adjudicated and valid unadjud!cated water rights.

    2. All locations required to be given under this Agreement shall he described by legal subdivision, section, township and range.

    3. The sketch map furnished should show the location of the ditch, pipeline or reservoir or well, the location of thy source of supply of the appropriation involved and the location of the point of diversion, the location of the area Of use. and brief narrative giving a general description of the proposed temporary use.

    4. One (1) fully executed Agreement shall be forwarded to the State Engineer's Office. Upon approval by the State Engineer a fully executed copy will be returned to the parties to the Agreement.

    5. Required size of sketch map is 81/2" x 11" , 81/2" x 14" or multiples thereof.

    6 If applicable, the signatures of both husband and wife are required on the appropriation.

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037-4 Wyo. Code R. § 4-3