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Water: 101 Adjudication
Water: 101
Adjudication
Permit vs. Adjudication
Permit Issued• Authorizes Holder to Make Use of the Water
as Limited by the Permit
Beneficial Use
Adjudication• Water Right is Publicly Recognized and
Specifically Defined
Historic Adjudication
Title 41, Chapter 4, Article 3
• Method to Deal with Territorial Water Rights Not Adjudicated by Court Decree
Historic Adjudication
First BOC Meeting – Determine Streams
Notice of Measurement; Testimony• Publication – 2 Weeks
• Certified Mail to Persons with Recorded Claim
Statement of Claim
Historic Statement of Claim
Claimant Name and Address Nature of Use Time of Commencement of Use Date of Beginning of Construction Date of Completion Date of Beneficial Use Character of Soil and Crops Cultivated
Historic Adjudication
Taking of Proofs
Opportunity to Inspect Evidence
Duty of Claimants to Appeal
Ability to Contest Original Claimant
Historic Adjudication
W.S. 41-4-314• Superintendent required $8.00 fee from each
claimant and contestee for each day
• To cover costs of transcripts
• At conclusion – money given to prevailing party or general fund
Historic Adjudication
Board of Control entered Order determining and establishing the several Priorities
No Allotment shall Exceed 1 cfs per 70 acres
Certificate of Appropriation
Name and Address of Appropriator Priority Date of Appropriation Amount of Water Appropriated Legal Subdivisions of Land to Which
Water is to Be Applied
Filed in County Clerk Records
Historic Adjudication
Adjudication Decisions Appealable
Rehearing Requests Allowed for One Year
Board of Control has Authority to Modify Adjudication Order
Surface Water Adjudication
W.S. 41-4-511• Proof
• Advertising
• Opportunity to Contest
• Certificate of Appropriation
Ground Water Adjudication
W.S. 41-3-511 and W.S. 41-3-513• Permit
• Statement of Completion
• Proof of Appropriation and Beneficial Use
• Advertising
• Opportunity to Contest
• Certificate of Appropriation
Instream Flow Proofs
W.S. 41-3-1006(f)• Beneficial Use deemed 30 days after
Application approved by State Engineer• Proof Can’t Be Submitted for 3 Years
• Hydrographer inspects segment • Measuring Device
• Review Discharge Records
• Advertising
• Board of Control
Questions?
Kara Brighton
Hageman & Brighton, P.C.
222 E. 21st Street
Cheyenne, WY 82001
307-635-4888
www.hblawoffice.com
