BOC Frequently Asked Questions
What is a water right?
All water, surface and ground water alike, are considered to be waters of the state. The Wyoming State Engineer's Office (WSEO) administers water via a permitting system and regulates water according to priority. A water right can be acquired by submitting a permit application to the WSEO that details how and where the water will be put to beneficial use. A permit application must be approved before water can be appropriated by the applicant.
How do I find when and where the next Board Meeting will be held?
The Board of Control meets quarterly, and these meetings are held 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 under Board of Control\Board Meetings and can also be found on the website calendar. Or you can call us at 307-777-6178!
What is the difference between a permitted water right and an adjudicated water right?
When a permit is approved, the appropriator has authority to construct necessary facilities to divert the water allocated and use that water for the purposes and at the location specified in the permit. However, if the permit-holder fails to comply with requirements, for example, if they neglect to file requisite notices, the permit can expire and is subject to cancellation. Adjudication can only occur 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, the water right attaches to the point or place of use, the source, allocation amount and beneficial uses are set, and can only be altered by action of the Board of Control.
What is a Certificate of Appropriation or Construction?
After adjudication takes place, a Certificate of Appropriation or Construction (reservoirs only) is issued and recorded in the appropriate county clerk’s office. This document contains important information about the water right such as the permit number, source of supply, conveyance, place of use, priority date, allocation amount, and beneficial use(s). Certificates shall be transmitted to the county clerk for recordation, after which the certificate will be transmitted to the respective appropriators. Copies of the Certificates are maintained as permanent records in the Board of Control and referenced by the book and page typically found in the upper right corner of the document.
What is a water rights petition?
A notarized legal document which is submitted to the Board of Control to amend or change an adjudicated water right; for all changes of use; and to relocate an unadjudicated ground water right, if the water has been put to beneficial use.
Where can a find a form for submitting a petition?
Forms are not available for submitting petitions as each one is unique. Sample petitions are available on this site. You can also find them at: Engineer, State; Board of Control – Water Administration; Current Rules and Regulations; Ch. 0 – Appendix A – Sample Petitions and Forms (http://soswy.state.wy.us/Rules/default.aspx).
How do I file a petition?
All required documentation must be submitted to the Board of Control and accompanied be the required fees. Go to Engineer, State; Board of Control – Water Administration; Current Rules and Regulations; Ch. 5 – Petition Information (http://soswy.state.wy.us/Rules/default.aspx) for a list of the required documents.
What are the petition fees?
The fees are:
Total cost per certificate to be amended (petitions for amended certificates, change in place of use or change of use)………..$50.00
Total cost per certificate to be abandoned (declarations of abandonment only)………………………………………………………$50.00
No fees are required for petitions for change in point of diversion, point of diversion and means of conveyance, change in location of well or voluntary abandonment.
When do I need to file the petition for it to be considered at the next Board meeting?
The petition must be filed at least 30 days prior to the date of the meeting at which the petition is to be considered.
How do I find out if I have any water rights?
A search of the agency’s data base is required. You will need to log into e-Permit and using the search features available enter the legal description of the property you are interested in.
What is an Authorization to Detach Water Rights (ADWR)?
ADWR’s are a tool in which an appropriator can delay the abandonment of a water right for five (5) years. An accepted ADWR shall constitute authorization for the grantee to request a change of use, change in place of use or voluntary abandonment of a water right within five (5) years of the date of acceptance. If a petition is not filed or, is filed and not granted, within the five (5) years the water right is deemed to be voluntarily abandoned on the anniversary date of the ADWR acceptance and the Board of Control issues an order to that effect.
Where do I find Board Rules and Regulations?
The Secretary of State’s website: http://soswy.state.wy.us/Rules/default.aspx