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Water: 101

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

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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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