§ 41-4-506 — Time limits for completing construction work; extensions; forfeiture of rights; cancellation of permit; notice of date of expiration to appropriator

Wyoming § 41-4-506

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

Text

Whenever the state engineer places his endorsement of approval
on any application for a water permit, he shall require that
actual construction work be completed within the time set by him
in the permit. The time set for completion shall not exceed a
period of five (5) years after the date of approval of
application. In the case of an application for a ditch permit,
he shall further require that the application of the water to
beneficial use must be completed before the date which he shall
specify, and which shall not be earlier than the date specified
for the completion of construction; and that final proof of
appropriation must be submitted within five (5) years after the
date specified for the completion of the application of the
water to beneficial use. He may limit the application to a less
period of time for the completion of construction and
application of water to beneficial use than is asked for in the
application. For good cause shown, the state engineer may at any
time, or from time to time, before the date of expiration,
extend any or all of these periods. An extension of time for
compliance with any of the specified requirements shall be
construed to automatically extend for a like period the time for
compliance with any of the specific requirements in relation to
which the time expires thereafter. Default by the holder of the
permit in any of the specified requirements shall work a
forfeiture of the water right involved. The state engineer may
upon such default cancel the permit. The state engineer shall,
at least three (3) months before default in any of these
requirements shall be operative, notify the permit holder when
the time allowed will expire. Notification may be delivered by
United States postal service, by other generally accepted mail
delivery method to the post-office address given by the permit
holder or by email or other electronic means that provides
actual notice to the permit holder. If the permit holder cannot
be reached by mail or by email, the state engineer shall notify
the permit holder by certified mail to the permit holder's last
known address and shall publish notice of the default on the
state engineer's official website and for three (3) weeks in a
newspaper of general circulation published in the county, or in
case there is no newspaper of general circulation published in
the county, then in a newspaper published in the state of
Wyoming and in general circulation in the county, the last
publication to be at least two (2) months before cancellation of
the permit.