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

• 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

kbrighton@hblawoffice.com

www.hblawoffice.com