(a)Each application for a permit to appropriate waters
for beneficial uses under a project embracing the major
irrigable portion of an entire drainage basin within the limits
of this state which has been approved by either state or federal
agencies for development and construction in subdivisions as the
result of preliminary investigations must be accompanied by a
map or plat made by or under the responsible charge of a
professional engineer or professional land surveyor and be
signed by and bear the seal of the professional engineer or
professional land surveyor. The map or plat shall be on a scale
to conform to the regulations of the state engineer, showing the
approximate location of all streams, proposed reservoirs, main
canals and the other data required under the terms of W.S.
41-3-
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(a) Each application for a permit to appropriate waters
for beneficial uses under a project embracing the major
irrigable portion of an entire drainage basin within the limits
of this state which has been approved by either state or federal
agencies for development and construction in subdivisions as the
result of preliminary investigations must be accompanied by a
map or plat made by or under the responsible charge of a
professional engineer or professional land surveyor and be
signed by and bear the seal of the professional engineer or
professional land surveyor. The map or plat shall be on a scale
to conform to the regulations of the state engineer, showing the
approximate location of all streams, proposed reservoirs, main
canals and the other data required under the terms of W.S.
41-3-301, together with the approximate location and area of the
lands to be irrigated and approximate capacity of each of the
reservoirs to be constructed. It shall be the duty of the state
engineer to approve any such application made in conformity
herewith which contemplates the application of the water of a
drainage basin to the beneficial use of a major irrigable
portion thereof where the proposed use does not tend to impair
the value of existing rights, or to be otherwise detrimental to
the public welfare; provided, however, that any permit for
appropriation of waters for beneficial uses upon the irrigable
lands designated in such a drainage basin project application,
must be conditioned for the submission to the state engineer of
detailed maps, plans and specifications applicable to a single
subdivision of the project and the approval thereof by the state
engineer, prior to the commencement of the construction of any
such subdivisions; provided further that such subdivision maps,
plans and specifications shall conform to the requirements
hereinafter set forth as applicable to other applications not
embracing the major irrigable portion of an entire drainage
basin.
(b) Except for applications made pursuant to subsection
(a) or (c) of this section, every other application for a permit
to appropriate water for beneficial uses must be accompanied by
a map or plat, showing accurately the location and extent of the
proposed work. The maps or plats must be on a scale to conform
to the regulations of the state engineer and be made by or under
the responsible charge of a professional engineer or
professional land surveyor and be signed by and bear the seal of
the professional engineer or professional land surveyor; they
must show the location of the headgate or point of diversion by
courses and distances from some government corner; they must
show the actual location of the ditch or canal, or water line of
the reservoir, and must show, wherever section lines are
crossed, the distance to the nearest government corner. The map
or plat must show the course of the river, stream or other
source of supply; the location and area of all lands proposed to
be reclaimed; the position and area of all reservoirs or basins
intended to be created for the purpose of storing water; the
location of the intersection with all other ditches, canals,
laterals or reservoirs which are caused by this work, or with
which connections are made. These maps must contain the name of
the proposed work, and, where possible, the number of the
permit. They must in addition, have the name or names of the
applicant or applicants and the certificate of the engineer or
surveyor, giving the date of survey, his name and address.
(c) Notwithstanding subsections (a) and (b) of this
section, an application and accompanying maps, plans, plats and
designs filed in the state engineer's office shall comply with
the requirements of W.S. 33-29-801(a)(ii) through (iv) and
subsections (d) and (e) of this section when the application is
to:
(i) Construct small reservoirs for stock or other
beneficial uses where the capacity of the reservoir does not
exceed twenty (20) acre feet or twenty (20) feet in dam height;
(ii) Develop springs for any beneficial use up to
twenty-five (25) gallons per minute; or
(iii) Construct flood water detention dams storing
fifty (50) acre feet or less and not to exceed twenty (20) feet
in height provided the dam has a minimum outlet of eighteen (18)
inches diameter and the dead storage does not exceed twenty (20)
acre feet.
(d) An application made pursuant to subsection (c) of this
section shall be signed by the applicant or an agent acting for
him and shall be accompanied, at a minimum, by aerial
photographs, digital imagery or United States geological survey
quadrangle maps, of a scale provided by Wyoming board of
professional engineers and professional land surveyors rule,
with designation of the township, range, section and section
corner or quarter corner and the location of the installation
designated in the quarter section on the photographs or United
States geological survey quadrangle maps and a description of:
(i) The dam including height, width, depth,
construction materials, depth to be submerged and height of the
free board; and
(ii) The reservoir including length, width, average
depth, submerged area and capacity.
(e) Aerial photographs, digital imagery or United States
geological survey quadrangle maps accompanying an application
made pursuant to subsection (c) of this section shall comply
with the following requirements:
(i) Two (2) aerial photographs, digital images or
United States geological survey quadrangle maps shall accompany
each application;
(ii) The scale on the aerial photographs, digital
imagery or United States geological survey quadrangle maps shall
not be less than two (2) inches to the mile;
(iii) An identified section corner or quarter corner
shall be shown on each aerial photograph, digital image or
United States geological survey quadrangle map;
(iv) The entire section in which the facility is
located shall be shown on each aerial photograph, digital image
or United States geological survey quadrangle map along with
subdivision lines showing forty (40) acre tracts; and
(v) The location of the facility shall be shown
within the proper forty (40) acre subdivision.
(f) The state engineer may adopt rules and regulations
which provide exceptions to the filing requirements of
subsections (a) and (b) of this section for projects for which,
because of the size, nature or location, an exception would not
impede upon public safety or the integrity of a water right. The
exceptions provided pursuant to this subsection shall be in
addition to the exceptions provided in subsection (c) of this
section.