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What is a water right?
All water in Wyoming, surface and ground water alike, is 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.
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?
A Certificate of Appropriation (or a Certificate of Construction for reservoirs) is issued after adjudication takes place. 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). Once issued, the certificate is recorded in the appropriate county clerk’s office, 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 seeking to alter or change a water right. If the water right in question is adjudicated, the petition should be submitted to the Board of Control. The Board of Control handles also all petitions for changes of use and well relocations, adjudicated or otherwise, 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 our site. Just click on Sample Petitions and Forms in the Board of Control dropdown at the top of the page.
You can also find them on the Wyoming Secretary of State's website. Look for 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 by the required fees. For typical submissions, this will include the original notarized petition, a mylar map certified by an engineer or surveyor licensed in Wyoming that attests to a survey, and applicable fees. Submissions should be mailed to:
State Engineer's Office, Board of Control
122 W. 25th Street
Herschler Bldg, 2W
Cheyenne, Wyoming 82002
Supporting documentation such as deeds, documentation of authority to sign on behalf of a company or organization, if applicable, and in many cases, consent from other parties will be requested when the submission is reviewed.
You can also 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 and what are they for?
Petition fees are collected for changes to water rights that must be recorded with the appropriate county clerk. These include petitions seeking a change in place of use, change of use, any type of amended certificate or declaration of abandonment:
Per certificate affected by the petition.............................................................................................................................………..$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.
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 petition must be filed at least 45 days prior to the date of the meeting at which the petition is to be considered.
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!
How do I find out if I have any water rights?
A search of the agency’s database 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 essentially a delayed action time limited voluntary abandonment petition that cedes control of the water right to the grantee named in the document. 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. During the five-year period, the water right remains in place and is in good standing. 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?
This website: Wyoming State Engineer's Office (google.com)
The Secretary of State’s website: http://soswy.state.wy.us/Rules/default.aspx
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