CHAPTER I

GENERAL INFORMATION

  Section 1. Authority. All water within the State of Wyoming is the property of the State of Wyoming. The Wyoming State Engineer is charged by the Wyoming Constitution with the administration of all waters within the State. Specific statutory authority for the administration of Wyoming ground water by the State Engineer is provided by Section 41- 121 through Section 41-147, Wyoming Statutes 1957, as amended by Chapter 213, Session Laws of Wyoming 1969, and Chapter 171, Session Laws of Wyoming 1973.

  Section 2. Definition of Underground Water or Ground Water. The terms underground water and ground water are used interchangeably and will have the same definition. Ground water means any water, including hot water and geothermal steam, under the surface of the land or the bed of any stream, lake, reservoir, or other body of surface water, including water that has been exposed to the surface by an excavation, such as a gravel pit or some type of mining operation.

  Section 3. Communications. Address all communications concerning the right to the use of ground water to the Ground Water Section, State Engineer's Office, State Office Building, Cheyenne, Wyoming 82002.

  Section 4. Information Requests Concerning Existing Ground Water Rights. Requests for information concerning existing ground water rights should be accompanied by the legal description of the well location, the name of the appropriator, if known, and any other pertinent information which might be of value in researching the records of the State Engineer's Office.

  Section 5. Who is Required to File. Any individual, company or corporation or other entity that intends to beneficially utilize ground water must obtain an approved permit from the State Engineer before commencing construction, including test holes, on any ground water development. In cases where a well has been drilled for some purpose other than to obtain water, and is then converted or utilized as a water well, a permit approved by the State Engineer must be obtained before the water from the well is beneficially used.

  Section 6. Availability of Forms. Application forms for new ground water developments (Form U.W. 5) and application forms for the registration of stock and/or domestic wells completed prior to May 24, 1969 (Form U.W. 7) may be obtained from the State Engineer's Office in Cheyenne, from the County Clerk's Office in each County Courthouse, and the local Water Commissioner. All commencement, completion and proof of appropriation forms will be sent to the applicant by the State Engineer's Office after the application is approved.

  Section 7. Fees. All fees must be paid in advance. All remittances are to be made payable to the State Engineer, except those remittances that are submitted to cover adjudication costs, which are to be made payable to the Wyoming State Board of Control. Remittances should be by currency, bank draft, post-office or express money order, or check and should be transmitted with the application or letter.

  Section 8. Fee Schedule. The following fees are required for filing instruments in the State Engineer's Office:

  a. Each application of any type . . . . . . . . . . . . .  $ 2.00

  b. For recording any other instrument:

    (1)  First Sheet . . . . . . . . . . . . . . . . . . . . . . $ 2.00

    (2)  Each subsequent sheet . . . . . . . . . . . . . $ 1.00

  The following fees are required for filing instruments in conjunction with the adjudication of a ground water right by the State Board of Control:

  a. Each final proof . . . . . . . . . . . . . . . . . . . . . . . $ 2.00

  b. Advertising fee for each final proof . . . . . . . . .  $10.00 (Any portion of this fee which is not used will be returned to the permittee. If the fee exceeds $10.00, the appropriator will be required to submit the additional fee to the State Board of Control.)

  c. For recording any other instrument:

    (1) First Sheet . . . . . . . . . . . . . . . . . . . . . . . $ 2.00

    (2) Each subsequent sheet . . . . . . . . . . . . . . $ 1.00

  Section 9. Miscellaneous Charges.

  a. For making prints of maps on file:

    (1) "B" size map . . . . . . . . . . . . . . . . . . . . . . $ .50

    (2) "D" size map . . . . . . . . . . . . . . . . . . . . . . $ .75

    (3) Township plat (linen) . . . . . . . . . . . . . . . . . $ .75

    (4) "E" size map . . . . . . . . . . . . . . . . . . . . . . $1.00

    (5) "F" size map . . . . . . . . . . . . . . . . . . . . . . .$1.50

    (6) Minimum charge (any map) . . . . . . . . . . . . .$ .50

  b. For making photocopies of records:

    (1) First sheet……………………….................... $ 2.00

    (2) Each subsequent sheet…………...................$ 1.00

    (3) Each certificate………………….................... $ 1.00

    (4)  Maps and other matter…….. Commercial rates

  c. For making microfilm copies of records:

    (1) Each processed sheet…………..................... $ .50

  d.  For making Xerox copies:

    (1) Each sheet………………………..................... $ .10 

  Section 10. Time Limits. The permittee will be given one (1) year from the date the application is approved to commence construction on any ground water development and shall complete the construction and apply the water to beneficial use before December 31 of the year following the year in which the application was approved.

  Section 11. Extensions of Time. If compliance with the time limits set forth in the permit for commencement, completion or application of the ground water to beneficial use cannot be met, the permittee may request that the State Engineer grant an extension of time. Such requests must be in writing, setting forth in detail the reasons for the requested extension of time, and must be received in the State Engineer's Office prior to the expiration dates set forth in the permit.

  Section 12. Priority of Ground Water Rights. The priority of appropriation of ground water where the well was constructed prior to April 1, 1947, and the statement of claim was properly filed in the State Engineer's Office prior to March 1, 1958, shall date from the date of completion of the well. Such rights are recorded in the State Engineer's Office as Statements of Claim. The priority of appropriation of ground water where the well was constructed after April 1, 1947, but prior to March 1, 1958, and the well was properly registered in the State Engineer's Office prior to March 1, 1958, shall date from the date the water right was filed in the State Engineer's Office. Such rights are recorded as Well Registrations.

  The priority date for stock and/or domestic wells completed prior to May 24, 1969 and properly filed in the State Engineer's Office on or before December 31, 1972, shall be the date the well was completed. Stock and/or domestic wells completed prior to May 24, 1969 and filed with the State Engineer's Office after December 31, 1972, shall receive the date of filing as the priority date of the water right.

  The priority date of all other ground water rights, shall be the date the application to appropriate ground water is received and filed in the State Engineer's Office.

  Section 13. Well Spacing. Due to the extremely variable nature of the geologic conditions within the State of Wyoming, no absolute well spacing requirements have been developed except those outlined in Chapter IX of this Manual. If well locations are such that unreasonable interference between wells develops, the water rights will be administered on the basis of priority. If well locations are such that interference between surface water flows and ground water withdrawals develop, the priorities of ground water rights will be correlated with surface water rights and regulated accordingly. (See Section 17 of this Chapter for further details.)

  Section 14. Adjudication. The process of adjudication finalizes a water right. It fixes the amount of the appropriation and the point(s) or area(s) of use. The adjudication procedure for ground water rights is found in Chapter II, page 11.

  Section 15. Division Advisory Committees on Ground Water. In each of the State's four Water Divisions, a Division Advisory Committee on ground water has been established. Each Division Advisory Committee consists of three individuals who reside within the Water Division and who are appointed by the Governor for 6-year terms. The function of the Division Advisory Committee on ground water is to advise the State Engineer and State Board of Control on matters relative to ground water development in their respective Water Division and to call and supervise the election of Control Area Advisory Boards.

  Section 16. Control Areas. The Wyoming State Board of Control has the authority under Section 41-129, Wyoming Statutes, 1957 as amended by Chapter 171, Session Laws of Wyoming 1973, to designate Control Areas for the following reasons: (a) The use of ground water is approaching the current recharge rate; (b) Ground water levels are declining or have declined excessively; (c) Conflicts between water users are occurring or may occur; or (e) Other conditions exist or may arise that require regulation for the protection of the public interest. The designation of a Control Area serves three primary purposes: (a) It provides a mechanism to slow development so as to insure that prior, established ground water rights are protected and not subjected to interference problems; (b) It provides for the election of a Control Area Advisory Board comprised of 5 people living within the Control Area to advise and assist the State Engineer in formulating policies concerning ground water development in the Control Area; and (c) It provides a means by which regulation of the use of ground water can be developed and implemented should the situation warrant it.

  The procedure for establishing a Control Area is as follows:

  a. Whenever the State Engineer has reason to believe that a Control Area should be established, for any or all of the reasons set forth in paragraph 1 of this Section, it is his duty to make a written report to the State Board of Control setting forth the reasons why the establishment of a Control Area is necessary.

  b. The State Board of Control will then designate a time and place to hold a public hearing to afford interested persons an opportunity to present evidence.

  c. After the public hearing is held and the testimony is evaluated and considered, the State Board of Control will issue an Order to either designate a Control Area or reject the designation of a Control Area.

  d. If a Control Area is established, an election is held to elect the Control Area Advisory Board. At this time, the appropriate Water Division Superintendent will also proceed with the adjudication of all ground water rights within the designated Control Area.

  e. Following the adjudication of the ground water rights in the Control Area, the State Engineer, with the advice of the Control Area Advisory Board and the Division Advisory Committee on Ground Water, may establish such controls and regulations as he deems necessary.

  Any decision by the State Engineer or State Board of Control can be appealed to the courts as outlined in Section 23 of this Chapter.

  The application procedure to obtain a ground water right in a Control Area is set out in Chapter II, Section 5, Page 9.

  Section 17. Interference Complaints. Any appropriator of either surface or ground water may file a written complaint alleging interference with his water right by a later priority ground water right. Complaints are to be filed with the State Engineer and must set out in detail the facts pertinent to the situation. Each complaint is to be accompanied by a fee of $100 to help defray the cost of the investigation. Upon receiving the complaint and fee, the State Engineer shall undertake an investigation to determine if the alleged interference does exist.

  Following the investigation, the State Engineer will issue a report stating his findings and suggestions on various means of stopping, rectifying or ameliorating the interference or damage.

  ANY INTERESTED APPROPRIATOR WHO IS DISSATISFIED WITH THE RESULTS OF THE FOREGOING PROCEDURE MAY PROCEED UNDER THE APPLICABLE PROVISIONS OF THE WYOMING ADMINISTRATIVE PROCEDURE ACT. IF A HEARING IS TO BE HELD, IT SHALL BE HELD BEFORE THE APPROPRIATE DIVISION SUPERINTENDENT. THE DIVISION SUPERINTENDENT SHALL REPORT TO THE BOARD OF CONTROL AT ITS NEXT MEETING. THE BOARD SHALL ISSUE ITS ORDER TO INCLUDE FINDINGS OF FACT AND CONCLUSIONS OF LAW.

  NOTE: This section is not applicable to interference between two surface water rights.

  Section 18. Interstate Use of Ground Water. Ground water may be utilized outside the boundaries of the State of Wyoming, provided certain conditions are met. These conditions include: (a) specific authorization by the Legislature of the State of Wyoming to utilize the ground water outside the boundaries of the State of Wyoming, and (b) the State in which the ground water is to be utilized must grant reciprocal rights for the use of ground water in the State of Wyoming.

  Section 19. By-Product Water. By-product water is water which is a by-product of the activities of some nonwater-related economic activity, such as oil well separator systems, dewatering of mine areas or waste water from mines. If the water produced as a result of such activities is to be beneficially used in any manner, an application for a permit to appropriate water much be filed with and approved by the State Engineer before the water can be put to beneficial use.

  The by-product water may be filed on by ground water procedures if (a) the water is intercepted while it is readily identifiable and has not yet commingled with other water, and (b) an agreement accompanies the application which has been signed by the developer- grantor of the by-product water and the applicant-grantee which sets forth any provisions for the reservation of the water for use by the developer-grantor.

  The granting of such a water right for the use of by-product water does not imply that the developer-grantor of the water must maintain or provide the historic, or any, amount of by-product water to the applicant-grantee and the water right is subject to any agreement made between the developer-grantor and the applicant-grantee. In all other cases in which conditions (a) and (b) are not met, an application to appropriate by-product water shall be governed by the laws pertaining to surface water.

  The procedure for filing on by-product water as ground water is found in Chapter II, Section 6, Page 10.

  Section 20. Geothermal Steam and Hot Water. Geothermal steam and hot water are considered ground water for the purpose of administration. A permit to appropriate ground water must be obtained from the Wyoming State Engineer to explore for or before geothermal steam or hot water can be utilized. Anyone contemplating the development of geothermal steam or hot water should contact the State Engineer's Office for additional information.

  Section 21. Springs. Filing as Ground Water Developments. Springs, where the total yield or flow is 25 gallons per minute or less and where the proposed use is for stock and/or-domestic purposes, may be filed in accordance with the procedures for appropriating ground water.

  NOTE: In addition to be above requirements, some type of artificial development such as collection boxes, cribbing, etc., must be employed or proposed before an application to appropriate the water from a spring will be considered a valid appropriation. The water from a spring must be diverted in some manner to the point(s) or area(s) of use or storage.

  The procedure for filing an application to appropriate water from a spring meeting the above requirements is found in Chapter II, Section 7, Page 11.

  Section 22. Waste Disposal Wells. A permit must be obtained from the Wyoming State Engineer and the Wyoming Oil and Gas Conservation Commission before construction of any well used for the subsurface injection of waste materials may commence. Detailed geologic, hydrologic and chemical information must be provided before any waste disposal well application will be considered. Anyone contemplating the construction of a waste disposal well should contact the Wyoming State Engineer's Office concerning the types of information which will be required.

  Section 23. Appeals. Any person aggrieved by an Order of the Wyoming State Board of Control or of the State Engineer concerning ground water, or by their or his failure to act, may appeal in the manner provided by Section 41-126 of the statutes, and the Wyoming Administrative Procedure Act.