§ 41-3-914 — Adjudication of waters within control area

Wyoming § 41-3-914

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 9: UNDERGROUND WATER

Text

(a) After the boundaries of any control area have been
determined by the board, the appropriate superintendent shall
proceed with the adjudication of unadjudicated wells within the
control area. After completing the adjudication, the
superintendent shall hold evidence of the adjudication open for
inspection by the public at a time and place to be fixed by the
superintendent, and notice thereof shall be published in two (2)
issues of a newspaper of general circulation in the county or
counties where the control area is situated.
(b) If any well owner, lessee or user within a control
area refuses to adjudicate a well, or supply the necessary
information to permit adjudication of any well, the
superintendent may tag and lock the pump or well to prevent use
of water therefrom. The penalty for interfering with the tag or
lock on a well is as provided in W.S. 41-3-616. The use of water
from a well so tagged and locked is prima facie evidence that
the well owner, lessee or user has violated the provisions of
this section.
(c) The taking of proof, filing objections or contests,
giving notices, conducting of hearings, making adjudications of
water rights, determining of priorities as between
appropriators, issuing of certificate of appropriation, and
taking appeals shall, insofar as applicable, and not in conflict
with the provisions of this act be governed by the provisions of
W.S. 41-4-101 through 41-4-207 and 41-4-211 through 41-4-517.
(d) At the first regular meeting of the board after
completion of such proof and advertisement, the board shall
cause to be entered in the records of its office an order
showing the priorities of right to the use of water in the
control area, the amount of appropriation of the parties
claiming water therefrom, the character and kind of use for
which the appropriation is made, and the places or points of
use. The secretary of the board shall issue to each person
represented in the determination, a certificate of appropriation
signed by the president of the board and attested under seal of
the secretary of the board which shall state the name and
post-office address of the appropriator, the priority date of
the appropriation, the amount of water appropriated, the use to
which the water has been applied and, if the appropriation is
for irrigation, a description of the legal subdivision of land
to which the water is applied, or the place of use if the
appropriation is not being used for irrigation. The certificate
shall be transmitted by certified mail to the county clerk of
the county in which the appropriation has been made and the
county clerk shall, upon receipt of the proper fee, record the
same and thereupon immediately transmit the certificate to the
appropriator. At the time of the submission of final proof of
appropriation before the state engineer or superintendent of a
water division, a fee not to exceed one hundred dollars
($100.00) shall be collected, which shall be used for
advertising the proof of appropriation and recording the
certificate. The priority of appropriation shall be the
determining factor in adjudicating underground water; the person
first making the appropriation being first entitled to the use
of the underground water, except as modified by W.S. 41-3-933.