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 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 Proof Advertising Opportunity to Contest Certificate of Appropriation

Ground Water Adjudication W.S and W.S Permit Statement of Completion Proof of Appropriation and Beneficial Use Advertising Opportunity to Contest Certificate of Appropriation

Instream Flow Proofs W.S (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. 21 st Street Cheyenne, WY