§ 41-4-511 — Final proof of appropriation; procedures generally

Wyoming § 41-4-511

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 4: BOARD OF CONTROL; ADJUDICATION OF WATER RIGHTS
• Art. 5: APPLICATION FOR PERMIT FOR APPROPRIATION; PROCEDURE

Text

Whenever an appropriation of water has been perfected in
accordance with any permit issued by the state engineer, the
appropriator may submit final proof of appropriation of water at
any time within the time specified by W.S. 41-4-506, to the
superintendent of the water division in which the water right
involved is situated, or, when more expedient, before the
superintendent of another water division or the state engineer,
or before a water commissioner in accordance with the provisions
of W.S. 41-4-308. Proof shall be made by appropriators under
oath upon forms furnished by the state board of control. The
superintendent shall collect for each proof taken a fee not to
exceed one hundred dollars ($100.00), which fee shall be
transmitted to the secretary of the board of control together
with the several proofs taken. The secretary of the board of
control shall use the fee to pay the appropriate amount for the
county recording fee for the recording of the certificate of
appropriation in the office of the county clerk of the county in
which the water right is situated and the newspaper advertising
fee for advertising the several proofs as provided in this
section. The remainder of the fee shall be remitted to the state
treasurer to the credit of the general fund. If the board of
control rejects any proof, the fee shall be returned to the
person, association or corporation submitting such proof. At
least thirty (30) days prior to any regular meeting of the state
board of control the superintendent of each water division shall
cause all proofs taken by him to be advertised in at least one
(1) issue of a newspaper having general circulation in the
community where the water right involved is situated, such
advertisement to contain in each case the permit number, the
date of priority, the name of the ditch, canal or reservoir, the
name of the appropriator, the name of the stream from which the
appropriation is made, and the amount of the appropriation
expressed in acres for ditches designed for the irrigation of
lands and in acre-feet for reservoirs, or in cubic feet per
second or gallons per minute when the appropriation is for
domestic, stock, municipal, industrial, manufacturing, fish
hatchery or power purposes. Advertisements shall state the time
when, and the place where, the proofs of appropriation of water
taken by the superintendent will be open for public inspection
for a period of not less than one (1) or more than five (5)
days, and the last day of the period shall not be less than
fifteen (15) days prior to the meeting of the board. Any party
claiming an interest in any water right from the stream or
streams to which the advertised proofs refer, shall have the
right to contest the proposed adjudications according to the
provisions of W.S. 41-4-312 through 41-4-315. Upon the
completion of the taking of proofs of appropriation and the
advertising, the superintendent of each water division shall
transmit to the office of the state board of control in Cheyenne
the several proofs taken, together with fees collected, and
shall accompany the same with affidavits of publication as
evidence of the required advertisement. At its next regular
meeting the board shall consider all proofs of appropriation
received from the division superintendents and if satisfied that
there are no conflicts and that any appropriation involved has
been perfected in accordance with the permit issued by the state
engineer, the state board of control by the hand of its
president, attested under seal, shall issue a certificate of
appropriation of water as described in W.S. 41-4-325 and send
the certificate to the county clerk of the county in which the
use of water has been made to be recorded by the clerk as
provided in W.S. 41-4-325.