Section 4-2 - Ground Water Proofs a. Rights to the use of ground water shall be adjudicated by the State Board of Control as provided in W.S. 41-4-511 (see also W.S. W.S. W.S. 41-4-513 ).
b. To adjudicate a ground water right, various steps must be taken by the water user, by the State Engineer's Office, and by the State Board of Control. The following is a brief outline of the basic procedure: - (1) PERMIT - A permit (Form U.W. 5) must be approved by the State Engineer before commencing the construction of any well (including test holes). Unless otherwise extended, the permittee has one year from the date the permit is approved by the State Engineer in which to commence the construction of the well.
- (2) STATEMENT OF COMPLETION - This form (Form U.W. 6) is required to be submitted within 30 days after the well has been completed with a permanent pump. If the well is a flowing well, the Statement of Completion must be submitted within 30 days of completion of the well with valve or other acceptable control device.
- (3) PROOF OF APPROPRIATION AND BENEFICIAL USE OF GROUND WATER - This form (Form U.W. 8) consists of three separate parts.
PART I - This portion is required to be submitted to the State Engineer by December 31 of the year following the year in which the application was approved by the State Engineer, or prior to such time stated in a letter of extension. Part I contains information detailing the date and type of beneficial use.
PART II - This part of the Beneficial Use Notice is to be submitted with Part I. Part II is an acceptable plat of the completed facility, or a topographic map in acceptable form. The plat or topographic map must be prepared in accordance with the map instructions of the State Engineer's Office, Ground Water Division. Acceptable proof of ownership must accompany all plats submitted.
PART III - After all required notices and the certified plat have been submitted to the State Engineer's Office, a representative of the State Engineer or the water division superintendent will conduct an on-the-ground inspection of the facility to determine if the terms of the permit have been met. The person conducting the inspection will submit a written inspection report to the Board for its consideration.
For the holder of a water right under a Statement of Claim or Well Registration to obtain an adjudicated ground water right, only Part II and Part HI must be completed.
- (4) The proof, advertising, and recording fees are collected for each ground water permit when the executed proof form is returned by the applicant.
- (5) The proofs taken must be advertised in a newspaper of general circulation in the nearby area at least 30 days before any regular meeting of the Board. The advertisement shall contain the date, time and place where proofs will be available for inspection and the description of the appropriation, as required by law. The advertised day or days during which the proofs are being held open for inspection must occur at least 15 days in advance of a regular Board meeting (see W.S. W.S. W.S. 41-4-511 ). As a matter of administrative practice, the advertisement will not begin any earlier than 45 days prior to the Board meeting.
- (6) After proper advertisement of the water right, and if no protest is received, the proof is submitted to the State Board of Control for final consideration. If the proof is adjudicated, a certificate of appropriation is issued and recorded in the county in which the place of use is located and forwarded to the ground water right owner.