Transfer of Water Rights. Chap. 97, S. L., 1905.

§ 2554. (Sec. 1) No transfer of any water right from any lands upon which the water had heretofore been used to other lands shall be valid which shall be injurious to any prior or subsequent appropriator, or his assigns, not a party to the transfer.

2555. (Sec. 2) Every transfer of water rights shall be by deed executed and acknowledged in the manner provided for the execution and acknowledgment of deeds to real estate, and shall be recorded in the office of the County Clerk of the county in which such water right is used as deeds to lands are recorded, and shall also be recorded in the office of the State Engineer of the State of Wyoming.

§ 2556. (Sec. 3) No member of the Board of Control, or a Water Commissioner, shall be required to take notice of such transfer until the deed of transfer shall have been recorded as aforesaid, and in all acres the Board of Control and Water Commissioners, if in their judgment the transfer is injurious to any person, not a party to the said transfer, shall have the right to refuse to recognize the same until the validity of such transfer shall have been established by the proper court. If such transfer is allowed by the irrigation officers, a public notice shall be given by publication in a paper having general circulation in the county where the transfer is made. Such publication shall be made at the expense of the party making the transfer.

§ 2557. (Sec. 4) In all cases where the Board of Control or Water Commissioner refuses to recognize any transfer and prevents the use of the water in accordance therewith, the person or persons owning such water right by such transfer shall have the right to bring an action of injunction to prevent the interference by such Board of Control or Water Commissioner with the use of the said water in accordance with the said transfer, which said action of injunction shall be prosecuted in all respects as other actions for injunction.

2558. (Sec. 5) The said action of injunction shall be brought against the Commissioner or the member or members of the Board of Control interfering with the use of the said water right in accordance with the transfer, and notice thereof shall be given by publication in such newspaper and for such time as the court may require to all appropriators of water upon the stream involved. It shall be the duty of the Attorney General of the State to appear for and defend the irrigation officials in all cases where they are made a party to any court proceedings. Any appropriator shall have the right to intervene in the said action, with full right by appropriate pleadings and evidence to have his rights in relation to the said transfer fully determined; and in case any injunction has been granted which is thereafter found to have been wrongfully obtained, any such intervener who has in any wise suffered from the said injunction shall have the same right to prosecute his action for damages upon the bond given in obtaining said injunction as if he had been originally made a party to the said action and mentioned "in the said injunction bond.

$ 2559. (Sec. 6) Any person aggrieved by any transfer shall have the right to test the validity of the same by appropriate action at any time within four years after the change of the use of the water in accordance with such transfer.

(c) Forms.

§ 2560. Application for Permit to Appropriate Water.

The State Engineer's Office Must be Notified Immediately When You Complete Your Ditch.

Application for a Permit to Divert and Appropriate the Water of the State of Wyoming.

I,

Water Division No.____

of

County of..

District No...

State of

being

duly sworn according to law, upon my oath say: 1. The name of the applicant.

2. The postoffice address of the applicant

3. The use to which the water is to be applied is

4. The name of the ditch or canal is.

5. The source of the proposed appropriation is

6. The headgate of the proposed ditch or canal is located____ of Section

Township.. Range

7. The said ditch or canal is to be.

_miles long and to pass through the following lands (give route by courses and distances, or by naming legal subdivisions crossed):

8. The dimensions of said works: (a) (At headgate) Width on top (at water-line). - - _feet; width on bottom_feet; depth of water feet; grade. ...feet per mile.

(b) Give dimensions at each point where reduced in size, stating miles from headgate: (At) Width on top (at water-line)__ feet; width on bottom.. feet; depth of water...feet; grade.. feet per mile. (At) Width on top (at water-line)____feet; width on bottom.. feet; depth of water feet; grade____feet per mile. (At) Width on top (at water-line)----feet; width on bottom...feet; depth of water-feet; grade.. feet per

mile.

9. Describe the character of proposed works, stating: 1st. The nature of the material to be moved; 2d, number and length of tunnels, if any; 3rd, amount of fluming, if any. 10. The estimated cost of said ditch is

Dollars.

- acres,

11. The land to be irrigated has a total area of. described as follows: (Give estimated acreage in fractions of subdivisions).

12. Construction will begin on proposed works on or before

190-

13. The time required for the completion of ditches and other

distributing works is. --year from.... 190..

14. The time required to complete the application of water to the beneficial use stated in this application is_____ year from............. 190__

15. A map of the proposed ditch or canal, prepared in accordance with Chapter 14, R. S. 1899, accompanies this application. Signed:

I hereby certify that the foregoing application was signed in my presence and sworn to before me by...___this_ ---day of___. 190_

----

--

This is to certify that I have examined the foregoing application and have returned the same without my approval for the following

This is to certify that I have examined the foregoing application and do hereby grant the same subject to the following limitations and conditions:

Construction of proposed work shall begin within one year from date of approval.

The time for completing the work shall terminate on December 31, 190

The time for completing the appropriation of water for beneficial use shall terminate on December 31, 190..

The amount of the appropriation shall be limited to one cubic foot per second of time for each seventy acres of land reclaimed on or before December 31, 190, and the additional volume used for -purposes on or before said date.

Witness my hand this._____day of.

(Endorsed:)

No.....

A. D. 190..

State Engineer.

Application for a Permit to Appropriate the Water of the State of

Wyoming.

District No._____

This instrument was received and filed for record on the. day of... A. D. 190, at o'clock. M., and duly recorded in Book..of....on page.

§ 2561. Application for Permit to Enlarge Ditch.

State Engineer.

Application for a Permit to Divert and Appropriate the Water of

the State of Wyoming.

District No...

State of- -

being

Enlargement of the..

Water Division No..

County of

duly sworn according to law, upon my oath say:

1. The location and description of the ditch to be enlarged is as follows:

2. The headgate is situated______ of Section., Township__, Range...

3. Said ditch is...miles long and passes through the following lands (give legal subdivisions), the same being correctly shown on the map accompanying this application:__

4. The dimensions of said ditch are: Width on top (at waterline), feet; width on bottom, feet; depth of water,_ _ __feet;

grade, feet per mile.

5. Said ditch now serves to irrigate the following described land:

6. The total area now irrigated from said ditch being

acres. 7. Application is hereby made for permission to enlarge or extend the use of water through the above named and described ditch and to divert and appropriate the water of the State as follows: 1. The name of the applicant. 2. The post office address of the applicant. 3. The use to which the water is to be 4. The name of the ditch or canal is

applied is

*5. The source of the proposed appropriation is. the head of the proposed extension is located. Section

Township------、 Range

and

6. The said ditch or canal as enlarged is to be. __miles long and to pass through the following lands (give sections, townships and ranges):. 7. The dimensions of said ditch are to be: (a) (At headgate) Width on top (at water-line), feet; width on bottom__ __feet; depth of water,. _feet; grade, - - -feet per mile. (b) Give dimensions at each point where reduced in size, stating miles from headgate: (At) Width on top (at water-line)____feet; width on bottom feet; depth of water feet; grade____feet per mile. (At) Width on top (at water-line).___feet; width on bottom_feet; depth of water feet; grade_feet per mile. 8. Describe the character of proposed works, stating: 1st. The nature of material to be moved. 2nd. Number and length of tunnels, if any. 3rd. Amount of fluming, if any.

9. The estimated cost of said enlargement is..

Dollars.

10. The land to be irrigated has a total area of.. acres, described as follows: (Give estimated acreage in fractions of subdivisions).

11. Construction of the proposed enlargement or extension will begin within one year from date of approval of this application.

12. The time required for the completion of enlargement or extension is - - - - year from............ 190-

13. The time required to complete the application of water to the beneficial use stated in this application is._year from

190__

14. A map in duplicate, prepared in accordance with the provisions of Section 35 of the Water Laws, accompanies this application.

Signed:

Note. The statements in the foregoing application must comply with the requirements of Chapter 14, R. S. 1899.

*If the proposed work is to be an extension of the original ditch give the location from the head of the extension by courses and distances from the nearest government corner.

Note. Before applications for the enlargement of ditches can be approved, the written consent of the owners of such ditches must be secured, and this must accompany the application.

I hereby certify that the foregoing application was signed in my presence and sworn to before me by....__this_ _ _ _ _ _ day of ____ 190---

This is to certify that I have examined the foregoing application and have returned the same without my approval for the following

This is to certify that I have examined the foregoing application and do hereby grant the same subject to the following limitations and conditions:.

The

Work will begin within one year from date of approval. time for completing construction shall terminate December 31, 190__ The time for completing the appropriation of water for beneficial use shall terminate December 31, 190.. The amount of the appropriation shall be limited to one cubic foot per second of time for each seventy acres of land reclaimed on or before.. 190, and the additional volume applied to. -purposes on or before that date.

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§ 2562. Application for Permit to Construct Reservoir and Store

Water.

Application for a permit to construct the.

to store the unappropriated water of the State of Wyoming.

Water Division No.....

I,_ __ __ _of______, County of..

reservoir, and

being

District No....

State of..

duly sworn according to law, upon my oath say:

1. The name of the applicant 2. The postoffice address

of the applicant.

3. The name of stream from which reservoir is to be filled and appropriation made is.

T...

4. The use to which the water is to be applied is

5. The location of the proposed reservoir will be in Sec..

N., R.-W., described as follows: (a) State whether situated in channel of running stream, and give character of material at outlet: (b) If not in channel of running stream, state how it is to be filled. If through canal, give name and dimensions: