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LINCOLN COUNTY FEES: $45.00 PAGE 1 OF 12
BOOK: 839 PAGE: 699 CERTIFICATE
I JEANNE WAGNER LINCOLN COUNTY CLERK
1111111111111111111111111111111111111111111111111111111111111111111111111111
STATE OF WYOMING
COUNTY OF LARAMIE SS.
BOARD OF CONTROL
I, Allan Cunningham, as Ex- Officio Secretary of the Board of Control, of the State of
Wyoming, do hereby certify that the following named document, which is attached hereto, is a
true and correct copy of the original document as the same appears of record in the office of said
Board, in Order Record Book 89, on Pages 142 through 152.
Order for Automatic Statutory Abandonment of Certain Water Rights Inundated by
Reservoirs.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of said Board, at
Cheyenne, this 15 day of September, 2014.
Airkai.A.L.4461 r
ALLAN C GHAM
f Ex- Officio Secretary
fie`
CERTIFICATE
Docket No. 5/2014 Inundated
0
Minute Record 38, Page 10
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 142
IN THE MATTER OF THE RECORDATION BY THE STATE BOARD OF CONTROL
OF THE AUTOMATIC STATUTORY ABANDONMENT OF CERTAIN WATER RIGHTS
INUNDATED BY RESERVOIRS.
FINDINGS OF FACT
Township 25 North, Range 67 West
Section 34: SW SWII 0.84 acres
Total 0.84 acres (0.01 c.f.s.)
IN WATER DIVISION NUMBERS ONE AND
FOUR
This matter was considered by the State Board of Control at its regular meeting on May 13, 2014, with the
following results:
1. THAT the notice of completion for the Willson Stock Reservoir, Permit No. 19103 Stk. Res., was filed
stating that the facility was constructed prior to November 26, 2008, on lands to which the following described
appropriations attach, which were thus inundated:
a. A portion of the Wheatland Irrigation District (successor to Wyoming Development Company, original
appropriator) Appropriation, Territorial Appropriation, adjudicated under Proof Nos. 4495 and 4496,
Priority No. 17, diverting water from the Laramie River, tributary North Platte River, through the
Tunnel Ditch, Tunnel, Canal No. 1 and Canal No. 2, with priority of May 23, 1883, and of record in Order
Record 7, page 612; Certificate Record 48, page 20 describing the lands irrigated as follows:
b. A portion of the Wheatland Irrigation District (successor, Wyoming Development Co., original
appropriator) Appropriation, Territorial Appropriation, adjudicated under Proof No. 4753, Priority No.
3, diverting water from Sybille Creek, tributary Laramie River, tributary North Platte River, through
the Canal No. 1 and Canal No. 2, with priority of May 23, 1883, and of record in Order Record 7, page
267; Certificate Record 48, page 276 describing the lands irrigated as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 143
Supplemental supply for the following lands having original
supply from Laramie River through the Tunnel Ditch, Tunnel,
Canal No. 1 and Canal No. 2, Territorial Appropriation, Proof
Nos. 4495 and 4496:
Township 25 North, Range 67 West
Section 34: SW 0.84 acres
Total 0.84 acres
c. A portion of the Edna Owen Tudor, et al. Appropriation, Permit No. 5319 Enl., adjudicated under
Proof No. 23955, water stored in the Wyoming Development Company's No. Two Reservoir, Permit No. 1724,
supplied from the Laramie River, tributary North Platte River, through the Enlarged Tunnel, Canal No. 1
and Canal No. 2, with priority of January 29, 1898, and of record in Order Record 11, page 388;
Certificate Record 61, page 27 describing the lands irrigated as follows:
Township 25 North, Range 67 West
Section 34: SW -SW 0.84 acres
Total 0.84 acres (secondary supply)
d. A portion of the Wheatland Irrigation District on behalf of various landowners Appropriation, Permit
No. 28731, adjudicated under Proof No. 34022, diverting from Draw or Wheatland Creek or Rock Creek,
tributary Laramie River, tributary North Platte River, through the Canal No. 2 Rock Creek Diversion,
with priority of April 16, 1982, and of record in Order Record 32 page 74; Certificate Record 75, page
339 describing the lands irrigated as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 144
Supplemental supply for the following lands having original
supply from Laramie River through the Tunnel Ditch, Tunnel,
Canal No. 1 and Canal No. 2, Territorial Appropriation, Proof
Nos. 4495 and 4496; and supplemental supply from Sybille Creek
through the Canal No. 1 and Canal No. 2, Territorial
Appropriation, Territorial Appropriation, Proof No. 4753, and
secondary supply from water stored in Wyoming Development
Company's No. Two Reservoir, Permit No. 1724, supplied from
Laramie River, through the Enlarged Tunnel, Canal No. 1 and
Canal No. 2, Permit No. 5319 Enl:
Township 25 North, Range 67 West
Section 34: SW -SW 0.84 acres
Total 0.84 acres
2. THAT the notice of completion for the Corsi Reservoir, Permit No. 13416 Res., was filed stating that the
facility was constructed prior to April 1, 2009, on lands to which the following described appropriation attaches,
which was thus inundated:
A portion of the David Williamson Appropriation, Permit No. 9216, adjudicated under Proof No. 15272,
diverting from Strawberry Creek, tributary Salt River, tributary Snake River, through the Hardman Bros.
Canal, with priority of June 10, 1909, and of record in Order Record 5, page 401; Certificate Record 39,
page 312 describing the lands irrigated as follows:
Township 35 North, Range 119 West
Section 2: Lot 1 0.51 acres
Total 0.51 acres
3. THAT the notice of completion for the Duck Pond Reservoir, Permit No. 12530 Stk. Res., was filed stating
that the facility was constructed on May 5, 2009, on lands to which the following described appropriations attach,
which were thus inundated:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 145
a. A portion of the J. Chauncey Clark, et al. Appropriation, Permit No. 4843 Enl., adjudicated under
Proof No. 24686, diverting from the West Fork New Fork River, tributary New Fork River, tributary Green
River, through the Enlarged Beeline Ditch, with priority of June 11, 1929, and of record in Order Record
12; page 272; Certificate Record 62, page 213 describing the lands irrigated as follows:
Township 33 North, Range 109 West
Section 6: Lot 3 1.56 acres
Total 1.56 acres (0.02 c.f.s.)
b. A portion of the J. Chauncey Clark, et al. Appropriation_, Permit No. 4871 Enl., adjudicated under
Proof No. 24510, water stored in the New Fork Lake Reservoir, Permit No. 480 Res., supplied from the
West Fork New Fork River, tributary New Fork River, tributary Green River, through the Enlarged Beeline
Ditch, with priority of November 11, 1903, and of record in Order Record 12, page 151; Certificate
Record 62, page 45 describing the lands irrigated as follows:
Secondary supply for the following lands receiving stored
water from New Fork Lake Reservoir, Permit No. 480 Res:
Township 33 North, Range 109 T'Jest
Section 6: Lot 3 1.56 acres
Total 1.56 acres (2.17 acre -feet)
4. THAT none of the inundated water rights have been transferred to other lands by the utilization of the
procedures outlined in Wyo. Stat. Ann. 41- 3- 107(a)(iii) within the five (5) year period from the date of the
notice of completion of these reservoirs.
5. THAT the owners of the reservoirs involved were advised by the State Engineer upon approval of the
reservoir applications to permit status that "the permittee has up to five (5) years to change the water rights to
irrigate other lands or otherwise prove that the irrigated acreage is not affected by the construction of the
reservoir. If the change has not occurred by the end of the five -year period, this fact will be reported to the
Board of Control for routine abandonment of the water right attaching to the lands at or below the high water line
of the reservoir, consistent with law."
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 146
6. THAT the provisions of Wyo. Stat. Ann. 41- 3- 107(a)(iii) have not been complied with and those water
rights lying below the high waterline of these reservoirs involved have been automatically abandoned.
CONCLUSIONS OF LAW
The State Board of Control has the jurisdiction under Wyo. Stat. Ann. 41-3-107(a) (iii) both to consider
this matter of abandonment, and to prepare and promulgate the Order hereinafter set forth disposing of same.
ORDER
IT IS HEREBY ORDERED THAT the portions of appropriations of water described below be and the same are
recorded as statutorily ABANDONED:
A. A portion of the Wheatland Irrigation District (successor to Wyoming Development Company, original
appropriator) Appropriation, Territorial Appropriation, adjudicated under Proof Nos. 4495 and 4496, Priority No.
17, diverting from the Laramie River, tributary North Platte River, through the Tunnel Ditch, Tunnel, Canal No. 1
and Canal No. 2, with priority of May 23, 1883, and of record in Order Record 7, page 612; Certificate Record 48,
page 20 describing the lands irrigated as follows:
Township 25 North, Range 67 West
Section 34: SW'%SWI% 0.84 acres
Total 0.84 acres (0.01 c.f.s.)
The remainder of the Wheatland Irrigation District (as successor to Wyoming Development Company, original
appropriator) Appropriation, Territorial Appropriation, Proof Nos. 4495 and 4496, Priority No. 17, is unaffected
by this action.
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 147
B. A portion of the Wheatland Irrigation District (successor, Wyoming Development Co., original
appropriator) Appropriation, Territorial Appropriation, adjudicated under Proof No. 4753, Priority No. 3,
diverting from Sybille Creek, tributary Laramie River, tributary North Platte River, through the Canal No. 1 and
Canal No. 2, with priority of May 23, 1883, and of record in Order Record 7, page 267; Certificate Record 48, page
276 describing the lands irrigated as follows:
Supplemental supply for the following lands having original
supply from Laramie River through the Tunnel Ditch, Tunnel,
Canal No. 1 and Canal No. 2, Territorial Appropriation, Proof
Nos. 4495 and 4496:
Township 25 North, Range 67 West
Section 34: SW -SW 0.84 acres
Total 0.84 acres
The remainder of the Wheatland Irrigation District (successor, Wyoming Development Co., original
appropriator) Appropriation, Territorial Appropriation, Proof No. 4753, Priority No. 3, is unaffected by this
action.
C. A portion of the Edna Owen Tudor, et al. Appropriation, Permit No. 5319 Enl., adjudicated under Proof
No. 23955, water stored in the Wyoming Development Company's No. Two Reservoir, Permit No. 1724, supplied from the
Laramie River, tributary North Platte River, through the Enlarged Tunnel, Canal No. 1 and Canal No. 2, with
priority of January 29, 1898, and of record in Order Record 11, page 388; Certificate Record 61, page 27
describing the lands irrigated as follows:
Township 25 North, Range 67 West
Section 34: SW -SW 0.84 acres
Total 0.84 acres (secondary supply)
The remainder of the Edna Owen Tudor, et al. Appropriation, Permit No. 5319 Enl., Proof No. 23955, is
unaffected by this action:
1
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 148
Township 25 North, Range 67 West
Section 34: NW 40.00 acres
SWIISW 39.16
Total 79.16 acres (secondary supply)
D. A portion of the Wheatland Irrigation District on behalf of various landowners Appropriation, Permit No.
28731, adjudicated under Proof No. 34022, diverting from Draw or Wheatland Creek or Rock Creek, tributary Laramie
River, tributary North Platte River, through the Canal No. 2 Rock Creek Diversion, with priority of April 16,
1982, and of record in Order Record 32 page 74; Certificate Record 75, page 339 describing the lands irrigated as
follows:
Supplemental supply for the following lands having original
supply from Laramie River through the Tunnel Ditch, Tunnel,
Canal No. 1 and Canal No. 2, Territorial Appropriation, Proof
Nos. 4.495 and 4496; and supplemental supply from Sybille Creek
through the Canal No. 1 and Canal No. 2, Territorial
Appropriation, Proof No. 4753, and secondary supply from water
stored in Wyoming Development Company's No. Two Reservoir,
Permit No. 1724, supplied from Laramie River, through the
Enlarged Tunnel, Canal No. 1 and Canal No. 2, Permit No. 5319
Enl:
Township 25 North, Range 67 West
Section 34: SW -SW 0.84 acres
Total 0.84 acres
The remainder of the Wheatland Irrigation District on behalf of various landowners Appropriation, Permit No.
28731, Proof No. 34022, is unaffected by this action.
E. A portion of the David Williamson Appropriation, Permit No. 9216, adjudicated under Proof No. 15272,
diverting from Strawberry Creek, tributary Salt River, tributary Snake River, through the Hardman Bros. Canal,
with priority of June 10, 1909, and of record in Order Record 5, page 401; Certificate Record 39, page 312
describing the lands irrigated as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 149
Township 35 North, Range 119 West
Section 2: Lot 1 0.51 acres
Total 0.51 acres
The remainder of the David Williamson Appropriation, Permit No. 9216, Proof No. 15272, is unaffected by this
action, and is described as follows:
Township 35 North, Range 119 West
Section 2: Lot 1 39.49 acres
S E E 40.00
Subtotal 79.49 acres
Township 36 North, Range 119 West
Section 35: NESE 40.00
SE 40.00
Subtotal 80.00 acres
Total 159.49 acres (2.28 c.f.s.)
F. A portion of the J. Chauncey Clark, et al. Appropriation, Permit No. 4843 Enl., adjudicated under Proof
No. 24 68 6, diverting from the West Fork New Fork River, tributary New Fork River, tributary Green River, through
the Enlarged Beeline Ditch, with priority of June 11, 1929, and of record in Order Record 12, page 272;
Certificate Record 62, page 213 describing the lands irrigated as follows:
Township 33 North, Range 109 West
Section 6: Lot 3 1.56 acres
Total 1.56 acres (0.02 c.f.s.)
The remainder of the J. Chauncey Clark, et al. Appropriation, Permit No. 4843 Enl., Proof No. 24686, is
unaffected by this action, and is described as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 150
Township 33 North, Range 109 West
Section 6: Lot 3 15.95 acres
Lot 4 10.40
Subtotal 26.35 acres
Township 34 North, Range 109 West
Section 31: Lot 3 34.40 acres
Lot 4 34.50
SEkSW 40.00
Subtotal 108.90 acres
Township 33 North, Range 110 West
Sectibn 1: Lot 1 4.40 acres
Subtotal 4.40 acres
Total 139.65 acres (2.00 c.f.s.)
G. A portion of the J. Chauncey Clark, et al. Clark Appropriation, Permit No. 4871 Enl., adjudicated under
Proof No. 24510, water stored in the New Fork Lake Reservoir (Permit No. 480 Res.), supplied from the West Fork
New Fork River, tributary New Fork River, tributary Green River, through the Enlarged Beeline Ditch, with priority
of November 11, 1903, and of record in Order Record 12, page 151; Certificate Record 62, page 45 describing the
lands irrigated as follows (with this portion of the storage right under Permit No. 480 Res. remaining in the New
Fork Lake Reservoir)
Secondary supply for the following lands receiving stored water
from the New Fork Lake Reservoir, Permit No. 480 Res:
Township 33 North, Range 109 West
Section 6: Lot 3 1.56 acres
Total 1.56 acres (2.17 acre -feet)
The remainder of the J. Chauncey Clark, et al. Appropriation, Permit No. 4871 Enl., Proof No. 24510, is
unaffected by this action, and is described as follows:
1
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 151
Secondary supply for the following lands receiving stored water
from the New Fork Lake Reservoir, Permit No. 480 Res:
Township 33 North, Range 109 West
Section 6: Lot 3 15.95 acres
Lot 4 10.40
Subtotal 26.35 acres
Township 34 North, Range 109 West
Section 31 Lot 3 34.40 acres
Lot 4 34.50
SEI1SW 4.0.00
Subtotal 108.90 acres
Township 33 North, Range 110 West
Section 1: Lot 1 4.40 acres
Subtotal 4.40 acres
Total 139.65 acres (194.11 acre -feet)
J
DONE AT CHEYENNE, COUNTY OF LARAMIE, STATE OF WYOMING THIS 13 DAY OF MAY, 2014.
STATE BOARD OF CONTROL
ATTEcT:
ALLAN CUNNINGHAM, EX— OFFICI,L�'ECRETARY
ENTERED: July 31, 2014
STATE BOARD OF CONTROL ORDER RECORD NO.
,PAGE
J
PATRICK T. TYR• rJ L PRESIDENT