§ 41-3-752 — Petition for exclusion of lands

Wyoming § 41-3-752

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 7: WATER CONSERVANCY DISTRICTS

Text

The owner or owners in fee of any lands constituting a portion
of the district may file with the board a petition praying that
such lands be excluded and taken from said district. Petitions
shall describe the lands which the petitioners desire to have
excluded. Such petition must be acknowledged in the same manner
and form as required in case of a conveyance of land and be
accompanied by a deposit of money sufficient to pay all costs of
the exclusion proceedings. The secretary of the board shall
cause a notice of filing of such petition to be published in the
county in which said lands, or the major portion thereof, are
located. The notice shall state the filing of such petition, the
names of petitioners, descriptions of lands mentioned in said
petition, and the prayer of said petitioners; and it shall
notify all persons interested to appear at the office of said
board at the time named in said notice, showing cause in
writing, if any they have, why said petition should not be
granted. The board at the time named in said notice, or at the
time or times at which the hearing of said petition may be
adjourned, shall proceed to hear the petition and all objections
thereto, presented, in writing, by any person showing cause as
aforesaid, why the prayer of the petition should not be granted.
The filing of such petition shall be deemed and taken as an
assent by each and all such petitioners to the exclusion from
the district of the lands mentioned in the petition, or any part
thereof. The board, if they deem it not for the best interests
of the district that the lands mentioned in the petition, or
portion thereof, shall be excluded from the district, shall
order that said petition be denied, but if they deem it for the
best interest of the district that the lands mentioned in the
petition, or some portion thereof, be excluded from the
district, and if there are no outstanding bonds of the district,
then the board may order the lands mentioned in the petition or
some portion thereof, to be excluded from the district.
Provided, further, that in case a contract has been made between
the district and the United States or any agency thereof, no
change shall be made in the boundaries of the district unless
the secretary of the interior shall assent thereto in writing
and such assent be filed with the board. Upon such assent, any
lands excluded from the district shall upon order of the court
be discharged from all liens in favor of the United States under
the contract with the United States or under bonds deposited
with its agents. Upon allowance of such petition, the board
shall file a certified copy of the order of the board making
such change with the clerk of the court and upon order of the
court said lands shall be excluded from the district.