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Published byEthelbert Eaton Modified over 9 years ago
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Water: 101 Adjudication
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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
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Historic Adjudication Title 41, Chapter 4, Article 3 Method to Deal with Territorial Water Rights Not Adjudicated by Court Decree
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Historic Adjudication First BOC Meeting – Determine Streams Notice of Measurement; Testimony Publication – 2 Weeks Certified Mail to Persons with Recorded Claim Statement of Claim
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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
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Historic Adjudication Taking of Proofs Opportunity to Inspect Evidence Duty of Claimants to Appeal Ability to Contest Original Claimant
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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
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Historic Adjudication Board of Control entered Order determining and establishing the several Priorities No Allotment shall Exceed 1 cfs per 70 acres
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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
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Historic Adjudication Adjudication Decisions Appealable Rehearing Requests Allowed for One Year Board of Control has Authority to Modify Adjudication Order
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Surface Water Adjudication W.S. 41-4-511 Proof Advertising Opportunity to Contest Certificate of Appropriation
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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
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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
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Questions? Kara Brighton Hageman & Brighton, P.C. 222 E. 21 st Street Cheyenne, WY 82001 307-635-4888 kbrighton@hblawoffice.com www.hblawoffice.com
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