Statutes, codes, and regulations
Wyoming Administrative Code
Agency 037 - Engineer, StateSubagency 0007 - Board of Control - Water Administration
Chapter 5 - PETITION INFORMATION
Section 5-7 - Consent

037-5 Wyo. Code R. § 5-7

Download
PDF
Current through April 27, 2019
Section 5-7 - Consent

When a petition for a change of water rights is filed with the State Board of Control, which requires that consent be obtained from the owners of appropriations of water that might be affected or an organized company representing individual owners, such consent shall be in the form of a notarized statement. See sample Consent form in Appendix A which includes a waiver of further notice. When consent cannot be obtained, the procedure shall be as follows:

a. In accordance with the Wyoming Administrative Procedure Act, the Board, at a regular or special meeting, may order that a hearing be held by the superintendent of the water division in which the appropriation proposed to be changed is located. The date and place of the hearing shall be fixed by the superintendent, who shall notify all parties known to own an interest in any affected appropriations of the time and place of the hearing.

b. Notice shall be given by legal advertisement, by certified mail, or by acknowledged personal service, depending on the type of petition, not less than thirty nor more than sixty days before the date of the hearing.

  • (1) If personal service is utilized, it shall be made by the superintendent or by the hydrographer commissioner or water commissioner, and acceptance shall be by endorsement on the copy which is retained by the superintendent.
  • (2) In cases where personal service cannot be obtained, by certified mail or otherwise, an advertisement, published in at least one issue of a newspaper of general circulation in the county where the appropriation involved is situated, shall meet the requirement of notice of the hearing provided that it name the party requesting the change and set forth the time and place of the hearing and a general description of the petition.

c. The superintendent shall have the power to adjourn hearings from time to time upon reasonable notice to all parties interested, and shall allow parties to produce witnesses and offer such testimony as they may deem necessary to inform the State Board of Control as to the facts concerning the petition.

d. The cost of taking and transcribing the testimony, and of securing the service upon the parties involved shall be borne by the petitioner.

e. These procedures shall be followed with petitions involving change of point of diversion, or change of point of diversion and/or means of conveyance, when one or more appropriators affected by the proposed change neglects or refuses to give the necessary consent to the change.

037-5 Wyo. Code R. § 5-7