037-9 Wyo. Code R. § 9-3

Current through April 27, 2019

Section 9-3 - Petition for Change of Point of Diversion

a. A petition for a change in point of diversion must meet the following requirements:

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

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

• (3) ITEM 1 - State chat the petitioner is the sole owner of the ditch and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk .of the county in which the lands are located.

• (4) ITEM 2 -- Give the status of the permit, such as "Permit No. 00000 is in good standing, with all the required notices filed, and 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 - Describe the present head gate location and the proposed new point of diversion.

• (6) ITEM A - Indicate the reason for the proposed change.

• (7) ITEM 5 -- State whether or not there are any intervening points of diversion (head gates) between the present point of diversion and the new point of diversion.
  • (a) If there are intervening points of diversion, the written consent of the intervening ditch owners must be secured. For suggested Consent format, see Chapter XI, page 112. If the written consent of the intervening ditch owners cannot be secured, a hearing must be held before the State Engineer or his duly authorized representative, as provided by Section 41 - 10.4(e), Wyoming Statutes 1957 (Laws 1965).

• (8) ITEM 6 - State whether or not there are any intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.
  • (a) If there are intervening tributaries or other sources of water, name them.

• (9) ITEM 7 -- State whether or not any other appropriator from the same source of supply will be injured.

• (10) ITEM 8 -- The accompanying map must show the location of the present diversion, the proposed new point of diversion, the location of any new ditch required to be constructed, and the location of any intervening points of diversion; all being properly located by course and distance from a corner of the public land survey. If the information relative to intervening diversions is not completely available to the petitioner, he should secure it from the State Engineer.

• (11) ITEM 9 -- Indicate the amount of fees which accompany the petition.

• (12) PRAYER - The prayer of the petitioner should set-out the results the petitioner desires to accomplish.

b. The sample petition on page 73 may be used as a guide for preparing a petition for change of point of diversion.

PETITION FOR CHANGE OF POINT OF )

DIVERSION OF PERMIT NO. 21000,) BEFORE THE

THE BLANK DITCH, FROM EAST FORK ) STATE ENGINEER

OF NORTH RIVER. ) CHEYENNE, WYOMING

STATE OF WYOMING )

) SS.

COUNTY OF PLATTE )

COMES NOW, John Doe of Wheatland, County of Platte, 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 sole owner of Permit No. 21000, the Blank Ditch, diverting water from the East Fork of North River, with priority of January 1, 1960, and of all lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Platte County accompanying this petition.

• 2. THAT Permit No. 21000 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 the petitioner desires to change the location of the point of diversion and head gate of the Blank Ditch from the present and record point of diversion, as shown in Permit No. 21000, which is N. 25° 10' W., 760 feet from the southeast corner of Section 4, T.2SN., R.70W., and in the SEfSEi of said Section 4, to a new point of diversion, which will be N. 76°3 0' E., 1185 feet from the same public survey corner described above, and in the SW1/4SW1/4 of Section 3, T.28N., R.70W., as shown on the map accompanying this petition.

• 4. THAT the change is desired by reason of the fact that the channel of the stream at the present point of diversion has changed its course, and a bar now forms which makes it difficult to operate and maintain the present point of diversion. The proposed new point of diversion does not present this obstacle.

• 5. THAT there are no intervening record points of diversion (head gates) between the present point of diversion and the proposed new point of diversion.

• 6. THAT there are no intervening tributaries or other sources of water between the present point of diversion and the new point of diversion.

• 7. THAT no other appropriator from the same source of supply will be injured in any way.

• 8. THAT a map in duplicate, prepared by E. N. Johnson, a licensed professional engineer and land surveyor, of Laramie, Wyoming, shows the situation and accompanies this petition.

  9, THAT recording fees in the amount of S __________ accompany this petition.

  IT IS THE PRAYER of the petitioner that this change of point of diversion be allowed without loss of priority; that a proper notation be entered on permit No. 21000; and that the 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:___________________________________

037-9 Wyo. Code R. § 9-3