Ground Water Control Areas and Advisory Boards

A Control Area is “any underground water district or sub-district that has been so designated by the board of control” (W.S. 41-3-912).  A Control Area serves the function of a special groundwater management district. Special permitting procedures apply in Control Areas. Special water administration and management practices may also be implemented in Control Areas. 

An area may be designated as a Control Area when any of the following conditions occur:

1.  The use of underground water is approaching a use equal to the current recharge rate;

2.  Groundwater levels are declining or have declined excessively;

3.  Conflicts between users are occurring or are foreseeable;

4.  The waste of water is occurring or may occur; or

5.  Other conditions exist or may arise that require regulation for the public interest.

All new appropriations which are not for Domestic, Stock Watering, or Miscellaneous Uses less than 25 gallons per minute (gpm) and all petitions for a change of existing groundwater use within a Control Area are subject to public notice, public comment, and a recommendation from an elected Advisory Board to the State Engineer as to whether the application or petition should be approved or granted. If protested, the application or petition may proceed to a contested case hearing. 

W.S. §41-3-915 allows the State Engineer to implement the following corrective controls if, after a public hearing, it is determined that there is not adequate water in a Control Area to meet the needs for all appropriators: 

1. He may close the area to any further appropriation of underground water until such point as it is determined there are unappropriated waters;

2. He may determine the permissible total withdrawal of underground water in the area for each day, month or year, and may apportion such permissible total withdrawal among appropriators;

3. He may order juniors to cease or reduce withdrawals if he finds that junior appropriators have an adverse effect upon the supply available for and needed by senior appropriators;

4. He may specify a system of rotating the use of groundwater if he finds that cessation or reduction of withdrawals by juniors will not result in proportionate benefits to seniors; and

5. He may institute well spacing requirements for new appropriations.

Once a groundwater Control Area is established, Advisory Board members are elected from landowners within the control area to review new permit applications, petitions to change existing water rights, and provide public input and recommendations to the State Engineer and Board of Control on groundwater issues within the Control Area. 

Due to the large-scale development of groundwater for irrigation use in the southeastern portion of the state, three Control Areas have been established:

• Laramie County Control Area 

-- Established September 2, 1981

-- Generally the eastern ¾ of Laramie County 

-- Incorporated within its boundaries are the previous Pine Bluffs and Carpenter "Critical" Areas, thereby eliminating them 

-- Divided into five districts

• Platte County Control Area 

-- Established February 1, 1982

-- Generally the middle half of Platte County

-- Divided into five districts

• Prairie Center Control Area

-- Established December 2, 1977

-- Generally the northeast 1/8 of Goshen County 

-- Not divided into districts