In general, a formal petition to the State Engineer’s office is used when appropriators desire to make changes to unadjudicated water rights. The exceptions to this rule are a petition for a change in use, which is a petition to the Board of Control or an Exchange Petition, which always goes before the State Engineer. Formal petitions must be in the form of an affidavit and signed by the petitioner or his agent before a Notary Public or other officer authorized to administer oaths. A petition should contain the following information: 1) name of facility, 2) source of supply, 3) date of priority and permit number, 4) detailed reasons for proposed change, and 5) a clear statement of the amendment or change requested. Certified maps must accompany all formal petitions except those to correct a clerical error.
Formal petitions to the State Engineer may include:
Change in Point of Diversion (pdf) - This petition is filed when a change in the location of a headgate is sought but the same ditch is used to convey the water.
Change in Point of Diversion and Means of Conveyance (pdf) - This petition is filed when it is proposed to divert and convey the appropriation involved through a new or an existing ditch.
Correct Errors and Misdescriptions (pdf) - A petition to correct errors and misdescription must be made by the owner of the lands or his agent. It must be accompanied by conclusive evidence to show that the change desired was caused by an error or misdescription. Maps may or may not be required, depending on the character of the error which is being corrected.
Amendment of Land Description - also referred to as Change in Place of Use, used to amend any permit prior to adjudication for the purpose of correcting errors or otherwise when in his judgment such amendment appears desirable or necessary; provided the total area of lands may not exceed the area described in the original permit.
Exchange Petition(pdf) - An exchange of water involves providing water from another source, either direct flow, storage or ground water, as “make up” water. This “make up” water is supplied to prior rights, in exchange or as replacement for water diverted by an appropriation whose original source is insufficient to fully satisfy such appropriation; when better conservation and utilization of the State’s water can be accomplished or when water from the new source cannot economically be conveyed directly to the point of use.
Change in Type of Supply (pdf) - used when changing from one type of supply to another. For example, changing from original supply to supplemental supply.
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