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LINCOLN COUNTY FEES: $45.00 PAGE 1 OF 12
BOOK: 839 PAGE: 711 CERTIFICATE
JEANNE WAGNER, LINCOLN COUNTY CLERK
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STATE OF WYOMING
COUNTY OF LARAMIE
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 131 through 141.
Order granting the petition for Authorization for Detachment of Water Rights and the
Voluntary Abandonment of a Certain Water Rights.
IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of said Board, at
Cheyenne, this 15 day of September, 2014.
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CERTIFICATE
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Docket No. 5/2014 ADWR
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LLAN CUNNINGHAM
Ex- Officio Secretary
Minute Record 38, Page 10
STATE BOARD OF CONTROL ORDER RECORD NO. R9 PAGE 1
IN THE MATTER OF THE AUTHORIZATION FOR DETACHMENT OF WATER IN WATER DIVISION NUMBER FOUR
RIGHTS AND THE VOLUNTARY ABANDONMENT OF CERTAIN WATER RIGHTS
This matter was considered by the State Board of Control at its regular meeting on May 13, 2014, with the
following results:
FINDINGS OF FACT
1. THAT an Authorization for Detachment of Water Rights from Douglas Child was received by the State Board
of Control on January 26, 2009, and authorized the detachment of the following portions of the described water
rights:
a. A portion of the Mary Hincks Appropriation, Permit No. 156 Enl., adjudicated under Proof No. 3281,
in the amount of 1.14 c.f.s. for the irrigation of 80.0 acres, diverting from Strawberry Creek, tributary Salt
River, tributary Snake River, through the Enlarged Hincks Ditch as changed to the Strawberry North Canal, with
priority of September 9, 1895, and of record in Order Record 2, page 466; Certificate Record 1, page 273. For
simplification of this Order, only those lands affected are described as follows:
Township 34 North, Range 119 West
Section 24: SW -NE 40.0 acres
Total 40.0 acres (0.57 c.f.s.)
b. A portion of the Strawberry Canal Company Appropriation, Permit No. 18687, adjudicated under Proof
No. 32873, for the supplemental supply irrigation of 4939.153 acres, diverting from North Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 338; Certificate Record 74, page 188. For simplification of this Order,
only those lands affected are described as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 132
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SWNE'4 40.0 acres
Total 40.0 acres
c. A portion of the Strawberry Canal Company Appropriation, Permit No. 18688, adjudicated under Proof
No. 32874, for the supplemental supply irrigation of 4939.153 acres, diverting from Marsh Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 359; Certificate Record 74, page 189. For simplification of this Order,
only those lands affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW -NE 40.0 acres
Total 40.0 acres
d. A portion of the Strawberry Canal Company Appropriation, Permit No. 18689, adjudicated under Proof
No. 32875, for the supplemental supply irrigation of 4939.153 acres, diverting from Pond Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 377; Certificate Record 74, page 190. For simplification of this Order,
only those lands affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
STATE BOARD OF CONTROL ORDER RECORD NO. fig PAGE 1 113'
Township 34 North, Range 119 West
Section 24: SW' -NE 40.0 acres
Total 4.0.0 acres
e. A portion of the Strawberry Canal Company Appropriation, Permit No. 18690, adjudicated under Proof
No. 32876, for the supplemental supply irrigation of 4939.153 acres, diverting from Middle Springs, tributary
Willow Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June
18, 1934, and of record in Order Record 26, page 395; Certificate Record 74, page 191. For simplification of this
Order, only those lands affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156.Enl.:
Township 34 North, Range 119 West
Section 24: SW 40.0 acres
Total 40.0 acres
f. A portion of the Strawberry Canal Company Appropriation, Permit No. 18691, adjudicated under Proof
No. 32877, for the supplemental supply irrigation of 4939.153 acres, diverting from Willow Creek, tributary Salt
River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934, and of record in
Order Record 26, page 413; Certificate Record 74, page 192. For simplification of this Order, only those lands
affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW' -NE' -1 40.0 acres
Total 40.0 acres
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 134
g. A portion of the Strawberry Canal Company Appropriation, Permit No. 18692, adjudicated under Proof
No. 32878, for the supplemental supply irrigation of 4939.153 acres, diverting from Watch Spring, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 431; Certificate Record 74, page 193. For simplification of this Order,
only those lands affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW%NE 40.0 acres
Total 40.0 acres
h. A portion of the Strawberry Canal Company Appropriation, Permit No. 18693, adjudicated under Proof
No. 32879, for the supplemental supply irrigation of 4939. 153 acres, diverting from Dead Horse Spring, tributary
Willow Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June
18, 1934, and of record in Order Record 26, page 449; Certificate Record 74, page 194. For simplification of this
Order, only those lands affected are described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW 40.0 acres
Total 40.0 acres
i. A portion of the Strawberry Canal Company Appropriation, Permit No. 18694, adjudicated under Proof
No. 32880, for the supplemental supply irrigation of 4939.153 acres, diverting from South Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 467; Certificate Record 74, page 195. For simplification of this Order,
only those lands affected are described as follows:
STATE BOARD OF CONTROL ORDER RECORD NO. R9 PAGE 135
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW 40.0 acres
Total 40.0 acres
2. THAT the Authorization for Detachment of Water Rights requested time for the grantee to petition the
State Board of Control for change of use or change of place of use of the water rights described in this
Authorization, as provided in Wyo. Stat. Ann. 41 -3 -104 within five (5) years of the date of acceptance of this
Authorization. By this Authorization, both the grantor and grantee requested voluntary abandonment of the water
rights described by this Authorization if no petition for change was received by the Board of Control within the
five (5) year period.
3. THAT none of the portions of these water rights authorized for detachment have been changed by the
utilization of the procedures outlined in Wyo. Stat. Ann. 41 -3 -104 within the five (5) year period from the
date, February 12, 2009, when this Authorization was accepted by the State Board of Control.
4. THAT no map was required for this Authorization for Detachment of Water Rights as it authorized
detachment of the entirety of the water rights within the affected quarter quarter.
CONCLUSIONS OF LAW
The State Board of Control has the jurisdiction both to consider this matter of requested voluntary
abandonment, in accordance with "Regulations and Instruction, Part IV, Wyoming State Board of Control" promulgated
from its general rulemaking authority under Wyo. Stat. Ann. 41 -4 -211, and to prepare and promulgate the Order
hereinafter set forth disposing of same.
The Findings of Fact contain the elements necessary to comply with Wyo. Stat. Ann. 41 -3 -401 pertaining to
abandonment and the petition should be granted.
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 136
ORDER
IT IS HEREBY ORDERED THAT the portions of appropriations of water described below be and the same are
voluntarily ABANDONED:
A. A portion of the Mary Hincks Appropriation, Permit No. 156 Enl., adjudicated under Proof No. 3281, in the
amount of 1.14 c.f.s. for the irrigation of 80.0 acres, diverting from Strawberry Creek, tributary Salt River,
tributary Snake River, through the Enlarged Hincks Ditch as changed to the Strawberry North Canal, with priority of
September 9, 1895, and of record in Order Record 2, page 466; Certificate Record 1, page 273 described as follows:
Township 34 North, Range 119 West
Section 24: SW' %NE 40.0 acres
Total 40.0 acres (0.57 c.f.s.)
The remainder of the Mary Hincks Appropriation, Permit No. 156 Enl., Proof No. 3281, is unaffected by this
action, and is described as follows:
Township 34 North, Range 119 West
Section 24: NE 40.0 acres
Total 40.0 acres (0.57 c.f.s.)
B. A portion of the Strawberry Canal Company Appropriation, Permit No. 18687, adjudicated under Proof No.
32873, for the supplemental supply irrigation of 4939.153 acres, diverting from North Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 338; Certificate Record 74, page 188 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 137
Township 34 North, Range 119 West
Section 24: SW' -NE 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18687, Proof No. 32873, is unaffected
by this action.
C. A portion of the Strawberry Canal Company Appropriation, Permit No. 18688, adjudicated under Proof No.
32874, for the supplemental supply irrigation of 4939.153 acres, diverting from Marsh Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 359; Certificate Record 74, page 189 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW 4NEB
Total
40.0 acres
40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18688, Proof No. 32874, is unaffected
by this action.
D. A portion of the Strawberry Canal Company Appropriation, Permit No. 18689, adjudicated under Proof No.
32875, for the supplemental supply irrigation of 4939.153 acres, diverting from Pond Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 377; Certificate Record 74, page 190 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 138
Township 34 North, Range 119 West
Section 24: SW4NE 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18689, Proof No. 32875, is unaffected
by this action.
E. A portion of the Strawberry Canal Company Appropriation, Permit No. 18690, adjudicated under Proof No.
32876, for the supplemental supply irrigation of 4939.153 acres, diverting from Middle Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 395; Certificate Record 74, page 191 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW -NE 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18690, under Proof No. 32876, is
unaffected by this action.
F. A portion of the Strawberry Canal Company Appropriation, Permit No. 18691, adjudicated under Proof No.
32877, for the supplemental supply irrigation of 4939.153 acres, diverting from Willow Creek, tributary Salt River,
tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934, and of record in Order
Record 26, page 413; Certificate Record 74, page 192 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
STATE BOARD OF CONTROL ORDER RECORD NO. 8 9 PAGE 139
Township 34 North, Range 119 West
Section 24: SW' -NE's 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18691, Proof No. 32877, is unaffected
by this action.
G. A portion of the Strawberry Canal Company Appropriation, Permit No. 18692, adjudicated under Proof No.
32878, for the supplemental supply irrigation of 4939.153 acres, diverting from Watch Spring, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 431; Certificate Record 74, page 193 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SWNE'4 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18692, Proof No. 32878, is unaffected
by this action.
H. A portion of the Strawberry Canal Company Appropriation, Permit No. 18693, adjudicated under Proof No.
32879, for the supplemental supply irrigation of 4939.153 acres, diverting from Dead Horse Spring, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 449; Certificate Record 74, page 194 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE_ 1-40
Township 34 North, Range 119 West
Section 24: SW 4.0.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18693, Proof No. 32879, is unaffected
by this action.
I. A portion of the Strawberry Canal Company Appropriation, Permit No. 18694, adjudicated under Proof No
32880, for the supplemental supply irrigation of 4939.153 acres, diverting from South Springs, tributary Willow
Creek, tributary Salt River, tributary Snake River, through the Supplemental Canal, with priority of June 18, 1934,
and of record in Order Record 26, page 467; Certificate Record 74, page 195 described as follows:
Supplemental supply for the following lands having original
supply from Strawberry Creek through the Hincks Ditch as changed
to Strawberry North Canal, Permit No. 156 Enl.:
Township 34 North, Range 119 West
Section 24: SW -NE 40.0 acres
Total 40.0 acres
The remainder of the Strawberry Canal Company Appropriation, Permit No. 18694, Proof No. 32880, is unaffected
by this action.
ATTEST:
DONE AT CHEYENNE, COUNTY OF LARAMIE, STATE OF WYOMING, THIS 13`' DAY OF MAY, 2014.
ALLAN CUNNINGHAM, EX- OFFICIO EIRETARY
ENTERED: July 31, 2014
STATE BOARD OF CONTROL ORDER RECORD NO. 89 PAGE 141
STATE BOARD OF CONTROL
PATRICK T. TYR
E L, PRESIDENT