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 authorised 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:
b. The sample petition on page 86 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. 20345, ) STATE ENGINEER
THE DASH CANAL, ) CHEYENNE, WYOMING
STATE OF WYOMING )
) SS.
COUNTY OF SWEETWATER)
COMES NOW, the Wyoming Irrigation District of Green River, County of Sweetwater, State of Wyoming, a duly established corporation of Wyoming, acting through Gavin Goe, its president, who being duly authorized by the District Board of Commissioners, 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 Individuals and are included within the boundary of the Wyoming Irrigation District.
- 2. THAT Permit No. 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 within the Wyoming Irrigation District, under Permit No" 20345, the Dash Canal, with priority of February 26, 1959, owned by Joshua Sun, have become seeped through infiltration from said canal and are unfit for the production of crops providing a sufficient return for the owner to continue payment of his water assessments for benefits, operation, and maintenance.
- 4. THAT the lands referred to above as unproductive by reason of becoming seeped, are described as follows:
Section 15, T.26N., R.93W.
6 acres - SW1/4NE1/4
24 acres - SE1/4JE1/4
40 acres - NE1/4SE1/4
40 acres - NW1/4SE1/4
35 acres - SW1/4SE1/4
17 acres - SE1/4SE1/4
162 acres - TOTAL
- 5. THAT certain lands owned by Joshua Sun, which are not included in the lands irrigable under Permit No. 20345, the Dash Canal, may be irrigated and produce crops; these lands are described as follows;
Section 15, T.26N., R.98W.
40 acres - NE1/4NW1/4
16 acres - NW1/4NW1/4
40 acres - SW1/4NW1/4
36 acres - SE1/4NW1/4
7 acres - NE1/4SW1/4
23 acres - NW1/4SW1/4
162 acres - TOTAL
- 6. 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. 20345, the Dash Canal, will not injure other appropriators from the same source of supply.
- 7. THAT a map in duplicate, prepared by John Smith, a licensed professional engineer of Rock Springs, Wyoming, showing the situation, accompanies this petition.
- 8. THAT recording fees in the amount of $_______ accompany this petition.
IT IS THE PRAYER of the petitioner that the lands described in Item 4 be excluded from the irrigable lands described in Permit No. 20345, the Dash Canal; that the lands described in Item 5 be included in lieu thereof in the irrigable lands in Permit No. 20345; and that this petition be recorded in Miscellaneous Records in the State Engineer's Office.
Respectfully submitted,
WYOMING IRRIGATION DISTRICT
By:__________________________________
GAVIN GOE - President
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. § 9-6