Water projects-map and plat filing requirements.

ORIGINAL
Senate
File No
.
SF0004

ENROLLED ACT NO. 11,

SENATE

SIXTY-FOURTH LEGISLATURE OF THE STATE OF WYOMING
2017 General Session

AN ACT relating to appropriations of water; relocating filing requirements for specified water appropriations within the Wyoming statutes; specifying requirements for applications to appropriate water; making conforming amendments; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section
1
.

W.S.
33
‑
29
‑
801(e)
and
41
‑
4
‑
507 are
amended to read
:

33
‑
29
‑
801
.

Maps, plats, plans and designs for filing or recording to be certified by professional engineer or professional land surveyor; exception; size of maps.

(e)

The state engineer may adopt rules and regulations which provide exceptions to paragraph (a)(i) of this section for projects which, because of their size, nature or location, an exception would not impede upon public safety or the integrity of a water right.
The
exceptions provided pursuant to this subsection shall be in addition to the exception provided in subsection (b) of this section.

41
‑
4
‑
507
.

Maps and plats; when required with application; contents; format requirements; copies; duties of state engineer generally.

(a)

Each application for a permit to appropriate waters for beneficial uses under a project embracing the major irrigable portion of an entire drainage basin within the limits of this state which has been approved by either state or federal agencies for development and construction in subdivisions as the result of preliminary
investigations
,
must be accompanied by a map or plat
drawn
made by or under the responsible charge of a professional engineer or professional land surveyor and be signed by and bear the seal of the professional engineer or professional land surveyor
. The map or plat shall be
on a scale to conform to the regulations of the state engineer, showing the approximate location of all streams, proposed reservoirs, main canals and the other data required under the terms of W.S. 41
‑
3
‑
301, together with the approximate location and area of the lands to be irrigated and approximate capacity of each of the reservoirs to be constructed. It shall be the duty of the state engineer to approve any such application made in conformity herewith which contemplates the application of the water of a drainage basin to the beneficial use of a major irrigable portion thereof where the proposed use does not tend to impair the value of existing rights, or to be otherwise detrimental to the public welfare; provided, however, that any permit for appropriation of waters for beneficial uses upon the irrigable lands designated in such a drainage basin project application, must be conditioned for the submission to the state engineer of detailed maps, plans and specifications applicable to a single subdivision of the project and the approval thereof by the state engineer, prior to the commencement of the construction of any such subdivisions; provided further that such subdivision maps, plans and specifications shall conform to the requirements hereinafter set forth as applicable to other applications not embracing the major irrigable portion of an entire drainage basin.

(b)

Except for applications made pursuant to subsection (a)
or
(c) of this section, e
very other application for
a

permit to appropriate water for beneficial uses must be accompanied by a map or plat,
showing accurately the location and extent of the proposed work. The maps or plats must be
drawn,
on a scale to conform to the regulations of the state engineer

and
be
made by or under the responsible charge of a professional engineer or professional land surveyor and be signed by and bear the seal of the professional engineer or professional land surveyor
; they must show the location of the headgate or point of diversion by courses and distances from some government corner; they must show the actual location of the ditch or canal, or water line of the reservoir, and must show, wherever section lines are crossed, the distance to the nearest government corner. The map or plat must show the course of the river, stream or other source of supply; the location and area of all lands proposed to be reclaimed; the position and area of all reservoirs or basins intended to be created for the purpose of storing water; the location of the intersection with all other ditches, canals, laterals or reservoirs which are caused by this work, or with which connections are made. These maps must contain the name of the proposed work, and, where possible, the number of the permit. They must in addition, have the name or names of the applicant or applicants and the certificate of the
engineer or

surveyor, giving the date of survey, his name and address.

(
c
)

Notwithstanding subsections (a) and (b) of this section, a
n application
and accompanying
maps, plans, plats and
designs
filed in the state engineer's office
shall comply with the requirements of
W.S. 33
‑
29
‑
801(a)(ii) through (iv) and

s
ubsections (d) and (e) of this section when the application is to
:

(i)

C
onstruct small reservoirs for stock
or other beneficial uses
where the capacity of the reservoir
does not exceed twenty (20) acre feet or twenty (20) feet in
dam
height;

(ii)

D
evelop springs for
any beneficial use
up to twenty
‑
five (25) gallons per minute; or

(iii)

C
onstruct flood water detention dams storing fifty (50) acre feet or less and not to exceed twenty (20) feet in height provided the dam has a minimum outlet of eighteen (18) inches diameter and the dead storage does not exceed twenty (20) acre feet.

(
d
)

An
application
made pursuant to subsection (c) of this section
shall be signed by the applicant or an agent acting for him and shall be accompanied, at a minimum, by aerial photographs
, digital imagery
or United States geological survey quadrangle maps, of a scale provided by
Wyoming board of professional engineers and professional land surveyors
rule, with designation of the township, range, section and section corner or quarter corner and the location of the installation designated in the quarter section on the photographs or United States geological survey quadrangle maps and a description of:

(i)

The dam including height, width, depth, construction materials, depth to be submerged and height of the free board; and

(ii)

The reservoir including length, width, average depth, submerged area and capacity.

(
e
)

Aerial photographs
, digital imagery
or United States geological survey
quadrangle
maps
accompanying an application made
pursuant to
subsection (c)
of
this section
shall comply with the following requirements:

(i)

Two (2) aerial photographs
, digital images
or United States geological survey quadrangle maps shall accompany each application;

(ii)

The scale on the aerial photographs
, digital imagery
or United States geological survey quadrangle maps shall not be less than two (2) inches to the mile;

(iii)

An identified section corner or quarter corner shall be shown on each aerial photograph
, digital image
or United States geological survey quadrangle map;

(iv)

The entire section in which the facility is located shall be shown on each aerial photograph
, digital image
or United States geological survey quadrangle map along with subdivision lines showing forty (40) acre tracts; and

(v)

The location of the facility shall be shown within the proper forty (40) acre subdivision.

(f)

The state engineer may adopt rules and regulations which provide exceptions to the filing requirements of
subsections
(a) and (b) of this
section for projects
for
which
,
because of the size, nature or location, an exception would not impede upon publ
ic safety or the integrity of a
water right. The exceptions provided pursuant to this subsection shall be in addition to the exception
s
provided in
subsection (c) of this section.

Section
2
.

W.S. 33
‑
29
‑
801(b) through (d) is repealed.

Section
3
.

This
act is effective July 1,
201
7
.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the
Senate
.

Chief Clerk

1