BOC Frequently Asked Questions
How do I find out the date, time and location for the next Board Meeting?
Check the calendar available on this site.
Call our office @ 307-777-6178.
The Board of Control holds regular quarterly meetings, the dates being set by the Board; generally, they are held:
The first week in February
The second week of May
The third week of August
The last week of November, except when it conflicts with Thanksgiving.
What is adjudication?
Adjudication of a water right is simply a determination by the Board of Control that water has been and is being beneficially applied to the land to the extent and by the means set in the permit. It finalizes the priority date, point of diversion location, the area(s) or point(s) of use, use(s) and rate (cfs or gpm). Once a water right is adjudicated, a Certificate of Appropriation or Construction (reservoirs only) is issued and filed in the county clerk’s office where the appropriation is located.
What is a water right?
A water right is a right to use the water of the state, when such use has been acquired by the beneficial application of water under the laws of the state. Water being always the property of the state.
What is a Certificate of Appropriation or Construction?
The official document which provides all pertinent adjudication information. Certificates shall be transmitted to the county clerk of the county in which the appropriation shall have been made and it shall be the duty of the county clerk upon receipt of the recording fee required by W.S. 18-3-402 to record the same in a book especially prepared and kept for that purpose, and thereupon immediately transmit the same to the respective appropriators.
Copies of the Certificates are maintained as permanent records in the Board of Control.
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