All water within Wyoming is the property of the State of Wyoming. A water right allows a certain amount of water to be used from the designated source for the stated purpose at a specified location and is administered by the priority date.
What is the difference between a permitted water right and an adjudicated water right?
A permit authorizes construction of necessary facilities to divert and beneficially use that water in accordance with the permit. However, if the permit-holder fails to comply with requirements, the permit can expire and is subject to cancellation.
Adjudication takes place after a physical inspection is conducted to verify that the water is being put to beneficial use in accord with all permitted parameters. Once adjudicated, a water right attaches to the point or place of use, and can only be altered by action of the Board of Control.
What is a water rights petition?
A petition is a legal document that seeks to modify an existing water right. If the water right in question is adjudicated, the petition should be submitted to the Board of Control. However, the Board of Control does handle all changes of use and all well relocations, adjudicated or otherwise.
Where can I find a form to submit a petition?
Sample petitions are available on our website HERE
How do I file a petition?
Submit the original notarized petition document, a mylar map certified by an engineer or surveyor licensed in Wyoming that attests to a survey, and fees (if applicable) in person or mail to the address below:
State Engineer's Office, Board of Control
122 W. 25th Street
Herschler Bldg, 2W
Cheyenne, Wyoming 82002
What are petition fees?
Fees are charged for petitions seeking a change of use, a change in place of use, an amended certificate of any type and declarations of abandonment:
Each affected appropriation..............................................$50.00
No fees are required for petitions the point of diversion, point of diversion and means of conveyance, change in location of well or voluntary abandonment.
Authorizations to Detach Water Rights (ADWR).................$10.00 per page
When do I need to file the petition for it to be considered at the next Board meeting?
The cut-off date for NEW petitions is 45 days prior to the meeting at which the petition is to be considered. Amended petitions and maps can be submitted anytime.
How do I find when and where the next Board Meeting will be held?
The Board of Control meets quarterly, in February, May, August and November. The dates are set by the Board and vary year to year. Meeting dates are posted on our website calendar and can also be found on the website under Board of Control Meetings page. Or you can call us at 307-777-6178.
How do I find out if I have any water rights?
A search of the agency’s database is required. Log into e-Permit and use the Detailed Search feature to enter the legal description of the property you are interested in.
What is an Authorization to Detach Water Rights (ADWR)?
ADWR’s are essentially a delayed action voluntary abandonment petition that cedes control of the water right to the named grantee. Once an ADWR is accepted by the Board of Control, the grantee has 5 years to petition the Board to change the use or change the place of use. If a petition is not filed within the 5 years, the water right is deemed to be voluntarily abandoned and the Board of Control will issue an order to that effect.