037-4 Wyo. Code R. § 4-4

Current through April 27, 2019
Section 4-4 - Contested Proofs

a. Any person, corporation, or association of persons owning a valid water right to the use of water from any source involved in the adjudication may contest the rights of any person, corporation, or association, which has submitted a proof to the superintendent, provided that the contestant notifies the superintendent of the appropriate water division in writing within fifteen days after the proofs have been made available for public inspectionand states the grounds of the contest (see W. S. 41 -4-312 through 41-4-315, and 41-4-511 ).

b. If a valid contest is received, the division superintendent shall notify the contestant and the person, corporation, or association whose rights are contested to appear before him at a convenient time and place as he shall designate in writing. The date of hearing shall not be less than thirty days nor more than sixty days from the date the notice is served on the parties to the contest. This notice shall be mailed by certified mail with return receipt requested.

c. The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all interested parties. If requested and if necessary, he shall issue subpoenas to compel the attendance of witnesses to testify. The evidence shall be confined to the subjects stated in the notice of contest. A deposit, as required by W.S. W.S. W.S. 41-4-314, for each day of taking evidence, shall be required from each of the parties. The contestant shall arrange for a record to be taken and shall pay the cost of preparing the transcript of the hearing before the record is forwarded by the superintendent to the State Board of Control for final determination or adjudication.

d. The water division superintendent shall transmit all the evidence and testimony from a hearing on a contested proof to the Cheyenne office of the Board in person or by certified mail.

e. The specific rules of practice for contested cases are described in Chapter VT of these regulations.

037-4 Wyo. Code R. § 4-4