§ 41-4-514 — Petition for amendment of permits; petition for amended certificate of appropriation; hearings on petition; notice; costs

Wyoming § 41-4-514

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

Text

(a) The state engineer may correct clerical errors and,
upon written petition of the permit holder, amend any permit to
appropriate water at any time prior to adjudication by the state
board of control when in the judgment of the state engineer the
amendment appears necessary, and providing:
(i) No petition to amend shall be granted if existing
water appropriators who have adjudicated water rights or valid
permits are injuriously affected;
(ii) The priority date of the permit shall not be
improved;
(iii) The total amount of the appropriation of water
shall not exceed the amount set forth in the original permit
and, for irrigation permits, the total area of land shall not
exceed the total area described in the original permit;
(iv) The changes shall be limited to those within the
area and concept of the original application for permit or
development plan;
(v) No change of use shall be granted; and
(vi) A reasonable filing fee not to exceed fifty
dollars ($50.00) shall accompany each petition filed with the
state engineer.
(b) The state engineer may hold a public hearing on a
petition under subsection (a) of this section to gather facts to
determine if other appropriators will be injuriously affected.
The state engineer shall hold a public hearing on a petition
under subsection (a) of this section if requested to do so by
any affected appropriator. If the state engineer holds a public
hearing, the state engineer shall cause to be published no less
than fifteen (15) days before the hearing a notice of the
hearing to be advertised in at least one (1) issue of any
newspaper having general circulation in the community where the
water right or valid permit involved is situated. The petitioner
shall pay the cost of the advertisement prior to the time of
hearing, and provide a record of proceedings to be transmitted
to the state engineer. Following receipt of the record, the
state engineer shall promptly review the record and issue a
written order granting or denying the permit amendment.
(c) Any decision by the state engineer granting or denying
a permit amendment under this section may be appealed to the
board of control which shall conduct a contested case hearing in
accordance with its rules and regulations and the Wyoming
Administrative Procedure Act.
(d) The state board of control is authorized, upon the
written petition of the owner, to issue amended certificates of
appropriation for water rights that have been adjudicated for
the purpose of correcting clerical errors and when in the
judgment of the board it appears necessary. The total amount of
the appropriation of water shall not exceed the amount set forth
in the original certificate of appropriation and, in the case of
an appropriation for irrigation use, the total area of the lands
shall not exceed the total area described in the original
certificate of appropriation. The amended area shall not exceed
the area actually irrigated under the original right. Any
petitioner shall be the owner of all the land involved in the
petition, except that in cases where amendments are petitioned
for in a regularly organized conservancy or irrigation district,
the consent of the district board and the consent or agreement
of the land owners directly involved is sufficient. Proper
adjustments shall be made in any assessment levied against lands
affected by the amendment. The rights of other appropriators
shall not be injuriously affected thereby.
(e) Upon petition for an amended certificate of
appropriation of water, the state board of control may cause a
public hearing to be held on the petition before the
superintendent of the water division in which such appropriation
is located, with notice of the hearing 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. The
state board of control shall hold a public hearing if requested
to do so by any affected appropriator. The petitioner shall pay
the cost of the publication prior to the time of hearing and
provide a record of proceedings to be transmitted by the
division superintendent to the state board of control, together
with his report. At the time the petition is filed a fee not to
exceed fifty dollars ($50.00) for each amended certificate
issued shall be collected by the state board of control with a
deposit of sufficient funds to cover the cost of preparing and
recording a certified copy of the order. The fees for recording
shall be returned to the petitioner in case the petition is not
granted.