§ 41-3-212 — Change of point of diversion; hearing

It shall be the duty of the board of control at its next regular
meeting following the receipt of such petition to examine same
and ascertain if it sets forth all the facts required by W.S.
41-3-210, and the validity of the water right granted by the
adjoining state. Upon it being made to appear to the
satisfaction of the board of control that the requirements of
law and the regulations of the board have been complied with and
that the petitioner is entitled to make the proposed changes,
the said petition shall be referred to the division
superintendent of the proper water division for a public hearing
to be held not later than one hundred and twenty (120) days,
following the date so referred. The said superintendent shall,
by order, require all persons interested to appear on said
certain day to show cause why the petition should not be
granted. The said order shall be published for four (4)
consecutive weeks in a newspaper having general circulation in
the county where the proposed change of point of diversion is
located; provided, that the consent of all owners of intervening
diversions be secured, or that those not secured shall be
notified by registered mail at least thirty (30) days prior to
the hearing date. Any party who may claim injury on account of
said proposed change of point of diversion shall have the right
to appear before the superintendent at the public hearing as
ordered, and present evidence in support of said claim. The
evidence of such hearing shall be confined to the subjects
enumerated in the notice for hearing. Upon completion of the
taking of testimony in such hearing, it shall be the duty of the
division superintendent to transmit same to the office of the
board of control together with a written report setting forth
the procedure followed and the results accomplished. At the next
regular meeting, the board shall consider the evidence
transmitted and enter a proper order either granting or denying
the petition.