CHAPTER VII

PETITIONS

  Section 1. General Requirements.

  a. All petitions pertaining to unadjudicated ground water rights must be filed with the State Engineer, State Office Building, Cheyenne, Wyoming, 82002.

  b. All petitions pertaining to adjudicated ground water rights must be filed with the Board of Control, State Office Building, Cheyenne, Wyoming, 82002.

  c. Petitions must be in the form of an affidavit and signed by the petitioner or his agent before a Notary Public or other officer authorized to administer oaths. A petition should contain the following information:

    (1) Name of facility;

    (2) Date of priority and permit number;

    (3) Detailed reasons for proposed change;

    (4) A clear statement of the amendment of change requested.

  d. If the petition is by other than an individual, the authority of the petitioner or agent to present such petition must be satisfactorily shown and accompany the petition.

  e. After approval, petitions are recorded in Miscellaneous Records of the State Engineer's Office. The recording fee is Two Dollars ($2.00) for the first page, and One Dollar ($1.00) for each subsequent page; this fee should accompany the petition.

  f. The heading for all petitions should indicate the purpose of the petition, and identify the well and the permit to be changed or amended.

  g. The opening statement for all petitions should identify the petitioner, show a mailing address, and give general introduction.

  h. Petitions must clearly state that the appropriation being amended has been made within the terms of the permit. The petition must also assert that the appropriator is presently making beneficial use of the water right granted by the permit, or that the permit is in good standing if the construction or beneficial use has not been completed.

  Section 2. Maps and Surveys.

  a. Maps may not be required for most petitions concerning unadjudicated ground water rights. In some cases where complicated changes are proposed, a map may be required.

  b. Maps must accompany all petitions requesting changes in adjudicated ground water rights except those petitions to correct a clerical error.

  c. Maps must bear the certificate of a professional engineer or land surveyor licensed to practice in Wyoming.

  d. The map title should refer to the petition and the petitioner, and indicate in the title the intended purpose of the petition.

  e. Maps shall be prepared from field notes taken during an actual survey, which may be supplemented by information from aerial photographs and the records of the State Engineer and the State Board of Control.

  Section 3. Petition for Change in Unadjudicated Ground Water Right.

  a. An appropriator of ground water where the right has not been adjudicated may change the location of his well or replace his well, without loss of priority, to a point within the same aquifer, make acreage amendments, or correct errors in his original permit, by securing the approval of the State Engineer.

  b. The requirement for surveys and maps (see Section 2 of this Chapter) may be waived if the change to be made is simple and can be adequately explained without a map. This generally will be true in the case of wells for domestic or stock purposes. For wells with other uses, if Part II (Plat) of Form U.W. 8, "Proof of Appropriation and Beneficial Use of Ground Water", has not yet been submitted, the map requirement also may be waived. However, the new well location or other change will have to be shown on the plat at the time that it is submitted.

  c. The following are requirements for such a petition:

    (1) HEADING -- Identify the well to which the changes apply, and show the date of completion and Underground Water District, if such apply.

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

    (3) ITEM 1 -- Show that the petitioner is the present owner of the well to be changed. Describe the well completely, giving the name of the well; Permit, Statement of Claim, or Well Registration Number; date of filing; and the date the well was completed. Describe the location of the well by distances in the cardinal directions (north, south, east, and west) from the nearest Government Corner (section corner or quarter section corner); also show the legal subdivision in which the well is located. This information should be available from the Statement of Claim, Well Registration, or Ground Water Permit; otherwise it may be obtained from field measurement. (EVIDENCE OF OWNERSHIP MUST ACCOMPANY THIS PETITION.)

    (4) ITEM 2 -- Describe the location to which it is desired to move or change the we11 (use method set forth above), and/or describe any other changes desired.

    (5) ITEM 3 -- Describe the area(s) or point(s) of use. If for irrigation, describe the lands which were irrigated under the terms of the permit (or Statement of Claim or Well Registration), indicating whether or not the lands have been irrigated up to the present time.

    (6) ITEM 4 -- Give the reason why the proposed change is desired.

    (7) ITEM 5 -- Specify that the wel1 in its new location will be in the same underground basin and aquifer as its previous location. Include a statement that, subject to the allowance of the petition and completion of the new well, a Statement of Completion will be filed with the State Engineer, setting forth the usual data, and that the amount of water to be used from the new well will not exceed the amount of the original appropriation.

    (8) ITEM 6 -- Specify that the old well will be properly abandoned and sealed.

    (9) ITEM 7 -- State the amount of fees which accompany the petition. (IF THE PETITION IS TO BE RECORDED IN MISCELLANEOUS NOTICES INSTEAD OF MISCELLANEOUS RECORDS, NO FEE IS REQUIRED AND THIS PARAGRAPH MAY BE DELETED.)

    (10) PRAYER -- State what is specifically desired by the petition.

  d. The sample petition on page 66 (for change of location and name of a well) may be used as a guide for preparing a petition for change in unadjudicated ground water right.  

    COMES NOW, John Doe of Box 451, Je1m, County of Albany, State of Wyoming, who being duly sworn on oath according to law, does hereby make the following statement of facts and petition:

    1. THAT he is the owner of Beck No. 1 Well, recorded in the State Engineer's Office under Permit No. U.W. 50, filed April 30, 1947, completed January 3, 1948, and located at a point 1800 feet south and 354 feet west of the north quarter corner of Section 33, T.13N., R.73W., and situated in the SE1/4 NW1/4 of said Section 33, and is also the sole owner of the lands irrigated thereunder, as evidenced by the Certificate of Ownership from the County Clerk of Albany County, which accompanies this petition.

    2. THAT it is desired to move the location of the Beck No. 1 Well, Permit No. U.W. 50, to a new location which is a point 1475 feet south and 4O feet west of the north quarter corner of Section 33, T.13N., R.73W., and situated in the SE1/4 NW1/4 of said Section 33. It is also desired that the replacement well be named the Doe No. 1 Well.

    3. THAT the following lands were irrigated within the terms of Permit No. U.W. 50 and have been irrigated up to the time of failure of the Beck No. 1 Well:

Section 33, T.13N., R.73W.

    4. THAT the reason for these requested changes is that the Beck No. 1 Well has failed due to casing collapse, and that John Doe is the new owner of the lands on which the water will be used.

    5. THAT the Doe No. 1 Well at the new location will be within the same underground water basin as the original (Beck No. 1) well, and will draw water from the same aquifer, as nearly as can be determined. Subject to the allowance of this petition, a Statement of Completion and Description of Well form will be submitted to the State Engineer within 30 days after completion of the new well. The amount of water to be used from the new well will not exceed 450 gallons per minute, the amount of the original appropriation.

    6. THAT the Beck No. 1 Well has been abandoned and will be completely plugged and capped according to standards set forth by the State Engineer.

    7. THAT recording fees in the amount of $________ accompany this petition.

                Respectfully submitted,

 

 

  The foregoing instrument is acknowledged before me this _____ day of

  _______________________ ,19____ .

  Witness my hand and official seal.

 

  My commission expires: _________________________

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  Section 4. Petition to Correct Errors and Misdescriptions.

  a. A petition to correct errors and misdescriptions must be made by the owner of the lands or his agent. It must be accompanied by conclusive evidence to show that the change desired was caused by an error or misdescription. Maps may or may not be required, depending on the character of the error which is being corrected. A petition to correct errors and misdescriptions must meet the following requirements:

    (1) HEADING -- State the purpose of the petition, identify the well by permit number and name.

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

    (3) ITEM 1 -- State that the petitioner is the sole owner of the well and lands irrigated thereby; which statement should be substantiated by documentary evidence, such as a Certificate of Ownership from the County Clerk of the county in which the lands are located, or assignment of well or other sufficient instrument if the petitioner is not the permittee of record.

    (4) ITEM 2 -- Give the status of the permit, such as "Permit No. U.W. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."

      (a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.

    (5) ITEM 3 -- Describe the portion of the permit, as originally filed, in error.

    (6) ITEM 4 -- Describe the desired correction.

    (7) ITEM 5 -- State how the error occurred if this information is available.

    (8) ITEM 6 -- State whether or not any other appropriator will be injured in any way by the correction or error in description.

    (9) ITEM 7 -- State whether or not a map is necessary to accompany this petition.

    (10) ITEM 8 -- Indicate the amount of fees which accompany this petition.

    (11) PRAYER -- Set-out the prayer of the petitioner. The prayer of the petitioner should set-out the results the petitioner desires to accomplish.

  b. The sample petition on page 70 may be used as a guide for preparing a petition to correct errors and misdescriptions.

    COMES NOW, John Jones and Simon Smith, both of Beulah, County of Crook, State of Wyoming, who being duly sworn on oath according to law, do hereby make the following statement of facts and petition:

    1. THAT they are the sole owners of Permit No. U.W. 20123, the Jones No. 1 Well, with a priority of October 12, 1958, and all the lands irrigated thereunder, as evidenced by the Certificate of Ownership of the County Clerk of Crook County accompanying this petition.

    2. THAT Permit No. U.W. 20123 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

    3. THAT Permit No. U.W. 20123 and the accompanying map copy shows the Jones No. 2 Well, Permit No. U.W. 20124, supplying water to the 5 acres located in the NE1/4 NE1/4 Section 10, T.53N., R.64W.

    4. THAT said Jones No. 2 Well does not irrigate these lands and that the lands are actually being irrigated by the Jones No. 1 Well.

    5. THAT the petitioners do not know how such error in description occurred, but presume that it may have been made by the applicant for Permit No. U.W. 20123.

    6. THAT no other appropriator from the same source of supply will be injured in any way by this correction of error in description in Permit No. U.W. 20123.

    7. THAT a linen map will not accompany this petition as it appears unnecessary since the petition only prays for the correction of errors in the permit, and the original map showed the location properly except for the error in the name of source of supply and the number of the township.

    8. THAT recording fees in the amount of $______ accompany this petition.

 

    IT IS THE PRAYER of your petitioner that Permit No. U.W. 20123 and the original map be corrected by proper endorsement thereon; that a proper notation be entered on the record of Permit No. U.W. 20123 to correctly show the 5 acres in the NE1/4 NE1/4 Section 10, T.53N., R.64W. as being supplied by the Jones No. 1 Well and not the Jones No. 2 Well; and that the petition be recorded in Miscellaneous Records in the State Engineer's Office.

 

             Respectfully submitted,

  

  

  The foregoing instrument is acknowledged before me this _____ day of

  _________________________ ,19____.

     Witness my hand and official seal.

  My commission expires: _____________________________

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  Section 5. Petition for Amendment of Description of Land.

  a. Under the provisions of Section 41-213(A), Wyoming Statutes 1957, as amended by Section 1, Chapter 214, Session Laws of Wyoming 1961, the State Engineer is authorized, upon written petition of the owner, to amend any permit to appropriate water prior to the adjudication by the State Board of Control for the purpose of correcting errors or otherwise, when in his judgment such amendment appears desirable or necessary; provided the total area of lands may not exceed the area described in the original permit. A petition for amendment of description of land must meet the following requirements:

    (1) HEADING -- State the purpose of the petition, identify the well by permit number and name.

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

    (3) ITEM 1 -- State that the petitioner is the sole owner of the well and the lands irrigated thereunder. This statement should be substantiated by a Certificate of Ownership of the County Clerk of the county in which the lands are located.

      (a) If the lands are included in an Irrigation District, the co- petitioners should be the district, acting through its duly authorized agent and the owner of the well. The petition should state that the lands affected are within the district, and should specify the ownership.

    (4) ITEM 2 -- Give the status of the permit, such as "Permit No. U.W. 00000 is in good standing, with all the required notices filed, and that beneficial use of water is presently being made within the terms of the permit."

      (a) If the permit being amended is not completed insofar as construction or beneficial use of water is concerned, a statement should be substituted for the above, indicating that the permit has not expired and is in good standing.

    (5) ITEM 3 -- State the reason a correction or amendment of land description is desired or necessary.

    (6) ITEM 4 -- Describe the lands which are to be excluded from the permit.

    (7) ITEM 5 -- Describe the lands which are to be substituted in lieu of the lands being excluded. The total area of the substituted lands cannot exceed the total area of the lands proposed to be excluded from the permit.

    (8) ITEM 6 -- State whether or not any other appropriator will be injured.

    (9) ITEM 7 -- The accompanying map should show accurately the location of the well, the location and extent of the lands proposed to be excluded from the permit, and the location and extent of the lands to be substituted in lieu thereof. The map must also show the means by which the substituted lands will be irrigated.

    (10) ITEM 8 -- Indicate the amount of fees which accompany this petition.

    (11) PRAYER -- Set-out the prayer of the petitioner. The prayer of the petitioner should clearly describe the requested amendment of description of land.

  b. The sample petition on page 74 may be used as a guide for preparing a petition for amendment of description of land.

 

    COMES NOW, Fred Smith of Green River, County of Sweetwater, State of Wyoming, and who being duly sworn on oath according to law, does make the following statement of facts and petition:

    1. THAT the lands referred to in this petition are owned by Fred Smith as evidenced by the accompanying Certificate of Ownership.

    2. THAT Permit No. U.W. 20345 is in good standing, with all of the required notices filed, and that beneficial use of water is presently being made within the terms of the permit.

    3. THAT certain lands under Permit No. U.W. 20345, the Green No. 1 Well, with priority of February 26, 1959, owned by Fred Smith, have been flood irrigated.

    4. THAT the lands referred to above as having been flood irrigated are described as follows:

Section 15, T.26N., R.98W.

    5. THAT certain lands owned by Fred Smith, which are not included in the lands irrigable under Permit No. U.W. 20345, the Green No. 1 Well, may be irrigated and produce crops; these lands are described as follows:

Section 15, T.26N., R.98W.

    6. THAT it is desired to omit the 6 acres in the SW1/4 NE1/4 and the 24 acres in the SE1/4 NE1/4 of Section 15, T.26N., R.98W. from Permit No. U.W. 20345 and incorporate the acreage in Item 5. The reason being that it is more feasible to install a center pivot self-propelled sprinkler system.

    7. THAT the exclusion of lands described in Item 4, and the inclusion of the lands described in Item 5 in lieu thereof in Permit No. U.W. 20345, the Green No. 1 Well, will not injure other appropriators from the same source of supply.

    8. THAT a map in duplicate, prepared by John Smith, a licensed professional engineer of Rock Springs, Wyoming, showing the situation, accompanies this petition.

    9. THAT recording fees in the amount of $______ accompany this petition.

    IT IS THE PRAYER of the petitioner that some of the lands described in Item 4 be excluded from the irrigable lands described in Permit No. U.W. 20345, the Green No. 1 Well; that the lands described in Item 5 be included in lieu thereof, in the irrigable lands in Permit No. U.W. 20345; and that this petition be recorded in Miscellaneous Records in the State Engineer's Office.

  

                 Respectfully submitted,

  

  

    The foregoing instrument is acknowledged before me this _____ day of

  __________________________, l9____.

    Witness my hand and official seal.

  

  My commission expires:______________________.

 

                 - - - -.

 

  Section 6. Petition for Exchange of Water. The petition format to be followed for exchanges of water can be found in Chapter IX, Section 7 of the Manual of Surface Water Regulations and Instructions.