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Water: 101

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  1. Water: 101 Adjudication

  2. 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

  3. Historic Adjudication • Title 41, Chapter 4, Article 3 • Method to Deal with Territorial Water Rights Not Adjudicated by Court Decree

  4. Historic Adjudication • First BOC Meeting – Determine Streams • Notice of Measurement; Testimony • Publication – 2 Weeks • Certified Mail to Persons with Recorded Claim • Statement of Claim

  5. 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

  6. Historic Adjudication • Taking of Proofs • Opportunity to Inspect Evidence • Duty of Claimants to Appeal • Ability to Contest Original Claimant

  7. 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

  8. Historic Adjudication • Board of Control entered Order determining and establishing the several Priorities • No Allotment shall Exceed 1 cfs per 70 acres

  9. 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

  10. Historic Adjudication • Adjudication Decisions Appealable • Rehearing Requests Allowed for One Year • Board of Control has Authority to Modify Adjudication Order

  11. Surface Water Adjudication • W.S. 41-4-511 • Proof • Advertising • Opportunity to Contest • Certificate of Appropriation

  12. 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

  13. 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

  14. Questions? • Kara Brighton Hageman & Brighton, P.C. 222 E. 21st Street Cheyenne, WY 82001 307-635-4888 kbrighton@hblawoffice.com www.hblawoffice.com

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