037-9 Wyo. Code R. § 9-6

Current through April 27, 2019
Section 9-6 - Petition for Amendment of Description of Land

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:

  • (1) HEADING -- State the purpose of the petition, identify the ditch by permit number ant* name.
  • (2) OPENING STATEMENT -- identify the petitioner, show a mailing address, and give general introduction.
  • (3) ITEM 1 - State that the petitioner is the sole owner of the ditch and the lands irrigated thereunder. This statement should be substantiated by a Certificate of Ownership of the County Clerk of the county in which the lands are located.
    • (a) If the lands are included in an Irrigation District, the petitioner should be the district, acting through its duly authorized agent. The petition should state that the lands affected are within the district, and should specify the ownership.
  • (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 that 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 -- State the reason a correction or amendment of land description is desired or necessary,
  • (6) ITEM 4 -- Describe the lands which are to be excluded from the permit.
  • (7) ITEM 5 -- Describe the lands which are to be substituted in lieu of the lands being excluded. The total area of the substituted lands cannot exceed the total area of the lands proposed to be excluded from the permit.
  • (8) ITEM 6 -- State whether or not any other appropriator from the same source of supply will be injured.
  • (9) ITEM 7 - The accompanying map should show accurately the Location of the ditch, the stream, the location and extent of the lands proposed to be excluded from the permit, and the location and extent of the lands to be substituted in lieu thereof. The map must also show the means by which the substituted lands will be irrigated.
  • (10) ITEM 3 -- Indicate the amount of fees which accompany this petition.
  • (11) PRAYER - The prayer of the petitioner should clearly describe the requested amendment of description of land.

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