§ 15-1-415 — Additions to cities or towns by subdividing landowners; plat requirements; filing and effect thereof; controlling layout of streets

Wyoming § 15-1-415

• Jurisdiction: Wyoming
• Title 15: Cities and Towns
• Ch. 1: GENERAL PROVISIONS
• Art. 4: ANNEXATION; DETERMINATION OF BOUNDARIES

Text

(a) The owner of any land within or contiguous to any city
or town may subdivide the land into lots, blocks, streets,
avenues and alleys and other grounds under the name of ....
addition to the city (town) of .... An accurate map or plat
shall be made designating the subdivided land and particularly
describing the lots, blocks, streets, avenues and alleys and
other grounds of the addition. The lots must be designated by
numbers, and the streets, avenues and other grounds by name or
numbers.
(b) The plat shall:
(i) Be acknowledged before some officer authorized to
acknowledge deeds;
(ii) Have appended a survey made by a land surveyor
registered under the laws of this state with a certificate that
he has accurately surveyed the addition, and that the parts
thereof are accurately staked off and marked with an appropriate
metal monument including magnetic iron, inscribed at least with
the registration number of the land surveyor to provide source
identification, at all lot corners and survey control points of
the addition.
(c) When the map or plat is made out, acknowledged,
certified and approved by the governing body, it shall be filed
and recorded in the office of the county clerk. When filed it is
equivalent to a deed in fee simple to the city or town from the
owner, of all streets, avenues, alleys, public squares, parks
and commons and of that portion of the land set apart for public
and city use, or dedicated to charitable, religious or
educational purposes. All additions thus laid out are a part of
the city or town for all purposes, and the inhabitants of the
addition are entitled to all the rights and privileges and
subject to all the laws, ordinances, rules and regulations of
the city or town.
(d) The governing body, by ordinance, may compel the owner
of any addition to lay out streets, avenues and alleys to
correspond in width and direction and be continuations of the
streets, ways and alleys in the city or town or other additions
thereto. No addition is valid unless the terms and conditions of
the ordinance are complied with and the plat submitted and
approved by the governing body.
(e) With respect to any water rights appurtenant to lands
to be subdivided in accordance with this section and prior to
certification and approval of the map or plat the governing body
shall require the owner to submit to the governing body the
following:
(i) The intended disposition of the water rights, by:
(A) Written documentation from the state
engineer or the state board of control that the owner submitted
to the state engineer or the state board of control all
documents necessary to voluntarily abandon the water rights,
cancel any unadjudicated permits or eliminate applicable lands
from any unadjudicated permits. The owner shall notify any
purchasers of this action;
(B) Written documentation from the state board
of control that the owner submitted to the state board of
control all documents necessary to change the use or place of
use to provide for beneficial use of the water rights outside
the subdivision, which may include a transfer to the city or
town for use within its municipal water service boundaries;
(C) A plan, accompanied by written documentation
from the state engineer approving the plan, for the distribution
of the water rights appurtenant to the land to be subdivided.
The plan shall specify the distribution of the water to the lots
within the subdivision and shall include written documentation
from the state board of control that the owner submitted to the
state board of control all documents necessary to change the
use, place of use or point of diversion or means of conveyance
in accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or
(D) Written documentation from the state board
of control that it has accepted an authorization to detach water
rights appurtenant to the lands to be subdivided in accordance
with rules and regulations promulgated by the state board of
control.
(ii) If the subdivision is located within lands
served by or crossed by a ditch, irrigation works or other water
conveyance system, evidence that the owner submitted the
subdivision map or plat to the public entity, company,
association or appropriators responsible for the ditch,
irrigations works or other water conveyance system for review
and recommendations at least sixty (60) days prior to the
submittal of the map or plat to the governing body. Upon receipt
of the subdivision map or plat, the public entity, company,
association or appropriators shall notify the owner if and how
the subdivision will create a significant additional burden or
risk of liability;
(iii) Evidence that the owner will specifically state
on all offers and solicitations relative to the subdivision the
owner's intent to comply with this paragraph and that the owner
does not warrant to a purchaser that the purchaser shall have
any rights to the natural flow of any stream within or adjacent
to the proposed subdivision. The owner shall further state that
Wyoming law does not recognize any riparian rights to the
continued natural flow of a stream or river for persons living
on the banks of the stream or river;
(iv) If the subdivision is located within the
boundaries of an irrigation district that is subject to the
provisions of title 41, chapter 7 of the Wyoming statutes, the
map or plat shall be accompanied by recommendations from the
irrigation district regarding any changes to the attached water
rights and the irrigation district's easements. If there is a
conflict with the irrigation district's recommendations, the
owner shall certify that it met with and made a good faith
effort to resolve any conflicts with the irrigation district;
and
(v) If the subdivision will create a significant
additional burden or risk of liability to the public entity,
company, association or appropriators responsible for the ditch,
irrigation works or other water conveyance system, the owner
shall provide an adequate and responsible plan to reduce or
eliminate the additional burden or risk of liability and
evidence that the owner submitted the plan to the public entity,
company, association or appropriators for review and
recommendation regarding the adequacy of the plan.