037-5 Wyo. Code R. § 5-18

Current through April 27, 2019
Section 5-18 - Voluntary Abandonment

. A voluntary abandonment of a water right is a deliberate relinquishment by its owner, which is accomplished by petition to the State Board of Control. The following information is required:

a. HEADING -- Sufficiently identify the appropriation to be voluntarily abandoned.

b. OPENING STATEMENT - Identify the petitioner, and show a mailing address and give a general introduction.

c. BODY -

ITEM 1 -- Show that the petitioner is the sole owner of the appropriation and the adjudicated lands of record, which are to be abandoned. Mention inclusion of proof of ownership from the county clerk or other acceptable documentation. Describe the appropriation in detail and show the name of the original appropriator, proof number, stream, ditch, permit number, and priority. Describe the lands of record by 40-acre subdivision under the appropriation.

ITEM 2 -- State that water under the appropriation is not presently being applied to beneficial use upon the adjudicated lands and that it will not be diverted or used in the future. Provide a reason why this has taken place.

d. PRAYER -- Declare the intention to abandon the appropriation, and request a proper Order of the Board.

e. No fees are required for a petition for voluntary abandonment.

f. If the water right(s) to be voluntarily abandon concern only portions of any appropriation(s), the Board requires that a map or maps be submitted showing the location of the portion of each 40-acre subdivision for which water right(s) is sought to be abandoned (see sample petition in Appendix A of these Regulations and Instructions).

037-5 Wyo. Code R. § 5-18