HomeMy WebLinkAbout710 MA 26 Shire Phase II Staff Report complete
710 MA 26 BCC
APPLICANTS: Shire Development, LLC
PROJECT NAME: The Shire Townhomes Phase II COMMUNITY PLAN AREA: Etna ZONING: Mixed REPRESENTATIVE: Surveyor Scherbel, Ltd. PLANNER: Ken Kuluski PARCEL ID: 3519-113-00-155
PROPOSAL: A Phased Plat Application to subdivide 4.8 +/- acres into 20 townhome lots in the Mixed Zone. This is the second filing of the approved Master Plan for The Shire Townhomes Subdivision Phase II. The subdivision will access off an existing subdivision road, Shire Lane. The lots will have
Water from Etna Water and Sewer District and Underground Injection Control under Wyoming Department of Environmental Quality Permit WYS-023-00141. LOCATION: 2 miles northwest of Star Valley Ranch, Wyoming T35N, R119W, Section 11. ATTACHMENTS: 1. Vicinity Map
2. Townhome Phase II Preliminary Plat 3. Development Agreement 4. Master Plan Final Determination 5. Agency Correspondence
PLANNING STAFF RECOMMENDATION: Planning Staff recommends that the Board of County Commissioners APPROVE File # 710 MA
26, The Shire Townhomes Phase II, with
• Findings of Approval A. thru C. • Conditions of Approval 1. thru 12. • A Recommendation for the Board of County Commissioners to sign the Development Agreement
LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS
STAFF REPORT
Phased Plat Application
HEARING TIME AND DATE: 10:00 a.m., July 8, 2026 LOCATION: Lincoln County Courthouse, Commissioner Boardroom 3rd Floor, 925 Sage
Ave., Kemmerer, Wyoming & Via Video Conference Afton Branch Office Building Conference Room, 421 Jefferson St., Afton, Wyoming FILE # 710 MA 26
710 MA 26 BCC
FINDINGS OF APPROVAL:
A. The proposed subdivision is consistent with the goals and objectives of the Lincoln County
Comprehensive Plan.
B. The proposed subdivision is consistent with the standards and procedures of the Lincoln County Land Use Regulations. C. The proposed subdivision is consistent with the provisions W.S. 18-5-301 through W.S. 18-5-315. CONDITIONS OF APPROVAL: 1. Compliance with agency requirements: The developer/owner shall obtain any and all County, State, and Federal permits, licenses, and other approvals for the construction and/or operation of the project. This may include: Local Fire District, Wyoming Department of Fire Prevention and
Electrical Safety (State Fire Marshal), Wyoming State Engineer’s Office (SEO), Wyoming
Department of Transportation (WYDOT), Wyoming Game and Fish, Wyoming Department of Environmental Quality (WDEQ), Army Corps of Engineers, Bureau of Land Management (BLM), and/or Environmental Protection Agency (EPA). 2. The developer shall enter into a Development Agreement with the County. The Development
Agreement shall be signed by all parties and filed with the Lincoln County Clerk’s Office no later
than 60 days after approval of the Preliminary Plat or the application and approval shall be voided. 3. Applicants shall obtain a Zoning and Development Permit for construction of townhomes. 4. Applicants shall improve Shire Lane to meet current road standards.
5. Applicants shall address remaining water rights as required by the State Engineer’s Office.
6. Lincoln County Weed & Pest shall annually inspect the subdivision, and a Weed Control Plan shall be developed and administered (if necessary). 7. Applicants shall provide as-built drawings for water service and underground injection control systems to the Planning Office prior to sale or occupancy.
8. Applicants shall have a Storm Water Pollution Prevention Plan on site during construction in
compliance with WYDEQ (if disturbing more than one (1) acre. 9. Applicants shall have a subdivision drainage plan, administered by CC&R’s or Subdivision maintenance agreement. 10. Project shall meet International Fire Code (IFC) Onsite Requirements for fire flow protection
using the current fire code at the time of construction.
11. Applicants shall obtain a review by the United States Postal Service (USPS) for mail delivery. Applicants may need a plan for Cluster Box Units and an agreement with USPS. The agreement may include turnout, installation placement, and snow removal. Cluster Box Units shall be placed outside of the County Right-of-Way.
12. A 6-foot opaque privacy fence, or if preferred by neighboring landowners (in writing), a vegetated
berm with clusters of trees and shrubs meeting current Land Use Regulations shall be installed around entire subdivision.
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AGENCY COMMENTS:
State Engineer’s Office has reviewed the subdivision application and conducted a preliminary
examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have determined that there are irrigated acres associated with the subdivision lands under Permit No. 1266.0E These irrigated acres must be addressed per Statute.
BACKGROUND:
The Shire Townhomes Subdivision Master Plan (110 PZ 17) was approved by the Board of County
Commissioners on May 6, 2009. The original approved Shire Townhomes Phase II file number 703 PZ 17 was revoked due to failure to record the Final Plat as outlined in the Development Agreement with Lincoln County. The Revised Development Agreement signed on June 16, 2020 specified that the phasing schedule for Final Plat Recording was five years from the original Preliminary Plat approval
date of November 8, 2017. The Phase Plat process must be restarted, under this current application.
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File No. 710 MA 26
The Shire Phase II
Shire Development, LLC
Prepared using available data by Katie Gipson, on 17 June 2026. Map is for informational purposes only and in no way represents an official survey of land.
710 MA 26
Page 1 of 10
DEVELOPMENT AGREEMENT
FOR THE SHIRE TOWNHOMES PHASE II
FILE NO. 710 MA 26 THIS AGREEMENT is made and entered into as of the ____ day of ______________, 2026 by
and between Lincoln County, Wyoming, hereinafter referred to as “County”, whose address is
925 Sage Ave Suite 301, Kemmerer, Wyoming, 83101 and Shire Development LLC hereinafter referred to as OWNER/DEVELOPER”, whose address is P.O. Box 5211, Etna, WY 83118. WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER to meet the conditions of
approval for File No. 710 MA 26 The Shire Townhomes Phase II to subdivide approximately 4.8
+/- acres into 20 townhomes as set forth in the Preliminary Plat; and WHEREAS, the OWNER/DEVELOPER is the sole owner of the identified certain Property (see Exhibit A) located in the County; and
WHEREAS, it is the intent and purpose of the OWNER/DEVELOPER and the County to enter into this Agreement that will guarantee the full and satisfactory completion of the required Improvements on the Property described in this Agreement and it is the intent of this Agreement and the parties to satisfy the Improvement requirements and to provide for the approval of the
final plat application by the Lincoln County Board of County Commissioners and the final plat
recordation in the Office of the Lincoln County Clerk of The Shire Townhomes Phase II; NOW THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties agree:
Section 1. Definitions 1.1 SUBDIVISION: The subject of this Agreement, which is designated and identified as File No. 710 MA 26 The Shire Townhomes Phase II on the Property described in Exhibit A in
the jurisdiction of Lincoln County, Wyoming. This definition shall include any and all future
mention to the term SUBDIVISION. 1.2 IMPROVEMENT: Any alteration to the land or other physical construction located on or off the Property that is associated with this subdivision, building site, or development.
1.3 OWNER/DEVELOPER: means and refers to Shire Development, LLC, whose address is P.O. Box 5211, Etna, WY 83118. the party that owns and is developing the Property and shall include and subsequent owner(s) or OWNER/DEVELOPER(s) of the Property.
1.4 PROPERTY: means and refers to the identified approximately 4.8 +/- acres of a certain
parcel(s) of Property located in Lincoln County, Wyoming, as described in Exhibit A.
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Section 2. Planned Improvements.
The OWNER/DEVELOPER shall, at its sole cost and expense, properly install and complete the following required improvements: 1. Construct an approved paved subdivision road with a minimum 26’ roadway width. The
subdivision roads shall meet all Lincoln County Road Standards.
2. Submit a Water Distribution Plan to the State Engineer’s Office if water rights exist on the property.
3. Install electrical power and communication lines to each identified lot.
4. Surveyor’s lot monuments as set forth in the Preliminary Plat attached hereto as Exhibit B. 5. Reseed disturbed areas to avoid weed infestation and erosion.
6. Meet subdivision fencing laws per Wyoming Statute 18-5-319. 7. The developer shall install fire hydrants in the subdivision.
8. The developer shall provide engineered plans for subdivision water lines.
9. The developer shall provide as-built drawings for the subdivision septic (UIC) systems.
OWNER/DEVELOPER agrees that these Improvements shall be installed in compliance with
Lincoln County Land Use Regulations Chapter 6 adopted by the County or other agencies responsible for providing services to the Development. Section 3. Sales or building permits. No lot shall be sold prior to final plat approval by the
Lincoln County Board of County Commissioners and recording by the Lincoln County Clerk.
Also, no building permits shall be issued by the County until final plat approval and recording. Section 4. Schedule for Commencement and Completion of the Improvements. The OWNER/DEVELOPER shall commence construction of the Improvements for SUBDIVISION
within two (2) years after the SUBDIVISION Preliminary Plat approval by the Lincoln County
Board of County Commissioners. The OWNER/DEVELOPER will complete construction of the Improvements within three (3) years after approval of the Preliminary Plat. If OWNER/DEVELOPER does not commence construction of the Improvements within two (2) years or complete Improvements within three (3) years of the date of SUBDIVISION
Preliminary Plat approval by the Lincoln County Board of County Commissioners, the
preliminary plat approval for SUBDIVISION will be automatically revoked. At such time, the OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current County subdivision regulations. If OWNER/DEVELOPER timely completes the Improvements and meets all of the conditions of approval set out in the Final Determination approving the
Preliminary Plat and improvements as outlined in this SUBDIVISION Agreement, a Final Plat
shall be signed and recorded.
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Section 5. Control of trash, weeds, dust, erosion, and sedimentation. The
OWNER/DEVELOPER shall be fully responsible for all dust abatement, erosion, sedimentation, weed, and trash control on the Property required by any County, State or Federal regulations. OWNER/DEVELOPER shall use best management practices and industry standards for control. Trash shall be contained at all times. The responsibilities in this Section shall run with the land
and shall therefore apply before, during, and until completion of Improvements.
Section 6. Permits. The OWNER/DEVELOPER is responsible for obtaining all 60’ right-of-way, easements, access, excavation, and other permits and approvals required by local, State, or Federal regulations.
Section 7. Inspections. The OWNER/DEVELOPER’s representatives shall make regular inspections and maintain control of SUBDIVISION while it is under construction. Representatives of the County shall have the right to enter upon the Property at any reasonable time to inspect and to determine whether the OWNER/DEVELOPER is in compliance with this
Agreement. The OWNER/DEVELOPER shall permit the County and its representatives to enter
upon and inspect the Property at reasonable times. The OWNER/DEVELOPER will not materially deviate from the Improvements required herein without the prior written approval of the County, which approval will not be unreasonably withheld.
Section 8. Final Inspection and Approval of Improvements. The OWNER/DEVELOPER
shall notify the County when it believes that the Improvements have been fully and properly completed and shall request final inspection and approval and acceptance of the Improvements by the County. At the time of such notification to the County, OWNER/DEVELOPER shall submit to County a set of “as built” plans and specifications, prepared by its engineer. The
County will provide interim and final inspection of the Improvements within a reasonable time
period after notification by the OWNER/DEVELOPER of completion and submission of “as built” plans and specifications. Upon inspection, the County shall give written acceptance of the Improvements or a written checklist of material deficiencies, such noted deficiencies shall be specific as to location and shall specify, in detail, the necessary corrective action to be taken by
the OWNER/DEVELOPER. Upon approval of the final inspection, the County shall notify
OWNER/DEVELOPER of its acceptance of the Improvements. Section 9. Warranty of the Improvements. The OWNER/DEVELOPER warrants the prompt and satisfactory correction of all defects and deficiencies, for both materials and workmanship,
in the Improvements that occur or become evident within one year. If such defect or deficiency
occurs or becomes evident during such period, then the OWNER/DEVELOPER shall, within thirty (30) days after written demand by the County to do so, correct it or cause it to be corrected. If the defect or deficiency cannot be reasonably corrected within thirty (30) days after written demand from the County, the OWNER/DEVELOPER shall commence the correction of the
deficiency within the thirty (30) day period and proceed with reasonable diligence to correct the
same or cause it to be corrected. Section 10. Remedies. In the event the OWNER/DEVELOPER fails to perform any of the terms, conditions or obligations in this Agreement or has not resolved a defect or deficiency
under this Agreement, the County, at its option, may exercise any rights and remedies it may
have under law. Furthermore, the County reserves the right, in its absolute discretion, to revoke the OWNER/DEVELOPER’s approvals for SUBDIVISION. In the event of said revocation,
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OWNER/DEVELOPER must reapply for approval of SUBDIVISION under the then current
County subdivision regulations. Section 11. Default. If the OWNER/DEVELOPER fails to fully perform any of its obligations in accordance with this Agreement, or fails or refuses to correct any defect or deficiency in the
Improvements required by this Agreement, then the OWNER/DEVELOPER shall be in Default
of this Agreement. Lincoln County shall notify the OWNER/DEVELOPER of the specific Default or failing. If Default occurs, then Lincoln County shall be entitled to use any of the Remedies in the preceding paragraph at its own discretion.
Section 12. Maintenance of Lots. OWNER/DEVELOPER hereby agrees that all unsold lots
shall be maintained by the OWNER/DEVELOPER at the OWNER/DEVELOPER’s sole expense. Section 13. Maintenance of Roads. OWNER/DEVELOPER hereby agrees that they will create
a binding document either a HOA, CCRs, Road Maintenance Agreement, Special Improvement
District, or Mutual Benefit Corporations that at a minimum: a) Provide an entity for ongoing road maintenance including the collection of road maintenance fees; b) Provide an entity for ongoing snow removal including the collection of snow removal
fees;
c) Ensure road maintenance and snow removal are maintained indefinitely. d) The chosen document must be filed at the time of final plat filing, and bind all current and future owners to the agreement.
Section 14. Binding Upon Successors. This Development Agreement shall be binding upon and
inure to the benefit of the parties’ respective heirs, successors, assigns and personal representatives. Section 15. Notices. Any written notices required herein shall be deemed delivered to the
addressee when delivered in person on a business day at the address set forth below or on the
third day after being deposited in the United States mail, for delivery by properly addressed, postage prepaid, certified or registered mail, return receipt requested, to the address set forth below.
Notices to the County shall be addressed to, or delivered at, the following address:
Lincoln County Board of County Commissioners ATTN: Planning Director Planning and Development Office
925 Sage Ave., Ste 201
Kemmerer, WY 83101 Notices to the OWNER/DEVELOPER shall be addressed to, or delivered at, the following addresses:
Shire Development LLC, P.O. Box 5211
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Etna, WY 83118
Section 16. Indemnification. A. No Liability for County Approval or Denial. The OWNER/DEVELOPER acknowledges and agrees (1) that the County is not, and shall not be, in any way liable for any damages, loss or
injuries whatsoever, including attorney fees, that may be sustained as the result of the County’s
issuance or denial of any permits, inspections, approvals or acceptances of the Improvements or use of any portion of the Improvements, and (2) that the County’s issuance or denial of any permits, inspections, approvals or acceptances does not, and shall not, in any way be deemed to insure the OWNER/DEVELOPER, or any of its heirs, successors, assigns, tenants, or licensees
or any third party, against damage or injury of any kind.
B. Indemnification. Except as provided below, the OWNER/DEVELOPER agrees to, and does hereby, indemnify the County, and all of its elected and appointed officials, officers, employees, agents and representatives from any and all claims, costs and liability of every kind
and nature that may be asserted at any time against any such parties for injury or damage
received or sustained by any person or entity in connection with (1) the County’s review of, denial, or approval of any plans, including those for the Improvements, (2) the inspection or issuance of any approval or acceptance of Improvements, (3) the SUBDIVISION, construction, maintenance or use of any portion of the Improvements and (4) the performance by the
OWNER/DEVELOPER of its obligations under this Agreement and all related Agreements. The
indemnification required herein shall include, but not be limited to, any costs of defense incurred by the indemnified parties including attorney fees and expert witness fees. Section 17. Amendments or Alterations. Any changes, omissions, modifications, revisions,
additions or amendments to this Development Agreement shall be incorporated by written
instrument, executed and signed by all parties. Section 18. Severability. The invalidity or unenforceability of any provision of this Agreement shall not affect the other provisions hereof and this Agreement shall be construed in all respects
as if such invalid or unenforceable provisions were omitted.
Section 19. Filing. The County shall have this Agreement recorded in the Office of the Lincoln County Clerk.
Section 20. Authority to Execute. The County hereby warrants and represents to the
OWNER/DEVELOPER that the persons executing this Agreement on its behalf have been properly authorized to do so by the Board of County Commissioners. The OWNER/DEVELOPER hereby warrants and represents to the County (1) that it is the owner of record of the Property or the owner’s authorized representative, (2) that it has the right, power,
and authority to enter into this Agreement and to agree to the terms, provisions, and conditions
set forth herein and to bind the subdivision as set forth herein, (3) that all legal action needed to authorize the execution, delivery, and performance of this Agreement have been taken, and (4) that neither the execution of this Agreement nor the performance of the obligations assumed by the OWNER/DEVELOPER hereunder will (i) result in a breach or default under any Agreement
to which the OWNER/DEVELOPER is a party or to which it or the subdivision is bound or (ii)
violate any statute, law restriction, court order, or Agreement to which the OWNER/DEVELOPER or the subdivision is subject.
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Section 21. Regulations. The OWNER/DEVELOPER agrees to abide by all regulations, laws and codes of Lincoln County, the State of Wyoming, and the Federal Government. Section 22. Applicable Law/Venue. The construction, interpretation, and enforcement of this
Agreement shall be governed by the laws of the State of Wyoming. The Courts of the State of
Wyoming shall have jurisdiction over this Agreement and the parties, and the venue shall be the Third Judicial District, Lincoln County, Wyoming. Section 23. Insurance. OWNER/DEVELOPER shall procure, and at all times maintain, general
liability insurance to protect from claims for damages because of negligence or bodily injury,
including but not limited to death and damages to property, all with coverage limits of no less than one million dollars ($1,000,000.00). Said insurance will also provide coverage to fulfill the OWNER/DEVELOPER’s indemnification requirements set forth herein and be obtained before beginning construction. Upon request, OWNER/DEVELOPER agrees to provide a certificate of
liability insurance to County evidencing said limit.
Section 24. Entirety of Agreement. This Agreement sets forth all promises, inducements, agreements, condition and understandings between OWNER/DEVELOPER and County relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding,
either oral or written, express or implied, between OWNER/DEVELOPER and County, other
than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. In the event of any conflict of terms in this Agreement and any Exhibits, the terms of this Agreement shall control. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this
Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them
or their successors in interest or their assigns. Section 25. No Waiver of County Rights. No waiver of any provision of this Agreement will be deemed to constitute a waiver of any other provision nor will it be deemed to constitute a
continuity waiver unless expressly provided for; nor will the waiver of any default under this
Agreement be deemed a waiver of any subsequent default or defaults of the same type. The County’s failure to exercise any obligation under this Agreement will not constitute the approval of any wrongful act by the OWNER/DEVELOPER or the acceptance of any Improvement. OWNER/DEVELOPER acknowledges that Lincoln County reserves the right to revoke all
approvals for SUBDIVISION upon failure to comply with SUBDIVISION conditions of
approval, upon any of the violations of Lincoln County Land Use Regulations, or for misrepresentations or material omissions made to the Lincoln County Planning and Engineering Office or Board of County Commissioners.
Section 26. Sovereign Immunity. The County does not waive sovereign immunity by entering
into this Agreement and specifically retains immunity and all defenses available to it pursuant to law, including government immunity. Section 27. Effective Date. This Agreement shall become valid and binding only upon its
approval by the Lincoln County Board of County Commissioners and shall be effective on the
date first written above.
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IN WITNESS WHEREOF, the parties to this Agreement through their duly authorized
representatives have executed this Agreement on the days and dates set out below and certify that they have read, understood, and agreed to the terms and conditions of this Agreement.
LINCOLN COUNTY
________________________________ Date: ______________________ Kent Connelly, Chairman Board of Lincoln County Commissioners
Attest: ________________________________
April Brunski
Lincoln County Clerk
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OWNER/DEVELOPER
________________________________ Date: ______________________
Bill Neeb,
Shire Development, LLC,
STATE OF WYOMING ) ) ss COUNTY OF LINCOLN )
The foregoing instrument was acknowledged before me by, ______________________, Bill Neeb of Shire Development, LLC, this ____ day of ______________ 2026.
Witness my hand and official seal.
(SEAL)
_____________________________________
Notary Public My Commission expires: ________________
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EXHIBIT A
DESCRIPTION OF PROPERTY
The Shire Townhomes Phase II 4.8 +/- acres within Section 11, Township 35 North, Range 119 West, in Lincoln County, Wyoming.
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EXHIBIT B
APPROVED PRELIMINARY PLAT See Attached
MARK GORDON
GOVERNOR
STATE ENGINEER’S OFFICE
HERSCHLER BUILDING, 2-W
CHEYENNE, WYOMING 82002
(307) 777-6150
seo.wyo.gov
BRANDON GEBHART, P.E.
STATE ENGINEER
June 29, 2026
Lincoln County Board of Commissioners
925 Sage Ave., Suite 302
Kemmerer, WY 83101
planning@lincolncountywy.gov
Commission@lincolncountywy.gov
RE: The Shire Townhomes Phase II 710 MA 26
Dear Commissioners:
The Ground Water Division of the State Engineer’s Office has received application materials
pertaining to The Shire Townhomes Phase II 710 MA 26 from the Lincoln County Planning
Department, requesting information and advice.
The aforementioned subdivision is proposed to be situated within the NW¼ SW¼ of Section 11 of
Township 34 North, Range 119 West, Lincoln County, Wyoming. The proposed subdivision consists
of 4 lots containing multifamily units. The proposed water supply being from Etna Water and Sewer
District.
The State Engineer’s Office has reviewed the subdivision application and conducted a preliminary
examination of the agency’s water rights database. Based on this review and W.S. 18-5-306, we have
determined that there are irrigated acres associated with the subdivision lands under Permit No.
1266.0E These irrigated acres must be addressed per Statute.
The subdivider is legally obligated to address these irrigated acres and take the necessary actions
to ensure compliance with W.S. 18-5-306(a)(xi). As of the date of this correspondence, the State
Engineer’s Office has received documentation addressing the intended disposition of a portion of
these water rights but has NOT received any documentation addressing the intended disposition of
the remaining acres. For detailed guidance on the legal obligations and procedural steps necessary
to address these irrigated acres, please refer to item 6 below.
Additional Comments:
1. Drilling of any water well requires an approved permit before work commences. The State
Engineer water right permit grants the applicant the right to seek to develop a water supply
to meet the proposed needs. It does not guarantee that water will be physically
available.
2. Any new proposed wells must be constructed in strict compliance with the State Engineer’s
Office Rules and Regulations, Part III, Water Well Minimum Construction Standards.
Board of Control Ground Water Interstate Streams Surface Water
307-777-6178 307-777-6163 307-777-1942 307-777-6475
Page 2 of 3
3. With limited exceptions, a Wyoming licensed water well drilling contractor must drill and
construct new wells, and a Wyoming licensed pump installation contractor must install
pumps.
4. Any well not intended for use must be appropriately plugged and abandoned in accordance
with the aforementioned rules and regulations.
5. Any wells developed for purposes that are not encompassed by the definition of domestic or
stock use mandate adjudication by the Board of Control.
6. The water right search revealed existing water rights associated with the subdivided lands.
These water rights must be addressed as stipulated in W.S. 18-5-306(a)(xi).
Wyoming Statute 18-5-306(a)(xi):
(xi) With respect to any water rights appurtenant to lands to be subdivided in accordance with this chapter and prior
to final approval of the subdivision permit, the subdivider shall provide the following:
(A) The intended disposition of the water rights, by:
(I) Written documentation from the state engineer or the state board of control that the subdivider
submitted to the state engineer or the state board of control all documents necessary to voluntarily
abandon the water rights, cancel any unadjudicated permits or eliminate applicable lands from any
unadjudicated permits. The subdivider shall notify any purchasers of this action;
(II) Written documentation from the state board of control that the subdivider has submitted to the state
board of control all documents necessary to change the use or place of use to provide for beneficial use
of the water rights outside the subdivision;
(III) A plan, accompanied by written documentation from the state engineer approving the plan, for the
distribution of the water rights appurtenant to the land to be subdivided. The plan shall specify the
distribution of the water to the lots within the subdivision and shall include written documentation
from the state board of control that the subdivider submitted to the state board of control all
documents necessary to change the use, place of use or point of diversion or means of conveyance in
accordance with W.S. 41-3-103, 41-3-104 or 41-3-114; or
(IV) Written documentation from the state board of control that it has accepted an authorization to detach
water rights appurtenant to the lands to be subdivided in accordance with rules and regulations
promulgated by the state board of control.
(B) If the subdivision is located within lands served by or crossed by a ditch, irrigation works or other water
conveyance system, evidence that the subdivider submitted the plan to the public entity, company,
association or appropriators responsible for the ditch, irrigation works or other water conveyance system for
review and recommendation at least sixty (60) days prior to the submittal of the application for the
subdivision permit to the board. Upon receipt of the plan, the public entity, company, association or
appropriators shall notify the subdivider if and how the subdivision will create a significant additional
burden or risk of liability;
(C) Evidence that the subdivider will specifically state on all offers and solicitations relative to the subdivision
the subdivider's intent to comply with this paragraph and that the subdivider does not warrant to a
purchaser that the purchaser shall have any rights to the natural flow of any stream within or adjacent to
the proposed subdivision. The subdivider shall further state that Wyoming law does not recognize any
riparian rights to the continued natural flow of a stream or river for persons living on the banks of the
stream or river;
Page 3 of 3
(D) If the subdivision is located within the boundaries of an irrigation district that is subject to the provisions of
title 41, chapter 7 of the Wyoming statutes, the application shall include recommendations from the
irrigation district regarding any changes to the attached water rights and the irrigation district's easements.
If there is a conflict with the irrigation district's recommendations, the subdivider shall certify that it met
with and made a good faith effort to resolve any conflicts with the irrigation district; and
(E) If the subdivision will create a significant additional burden or risk of liability to the public entity, company,
association or appropriators responsible for the ditch, irrigation works or other water conveyance system,
the subdivider shall provide an adequate and responsible plan to reduce or eliminate the additional burden
or risk of liability and evidence that the subdivider submitted the plan to the public entity, company,
association or appropriators for review and recommendation regarding the adequacy of the plan
Please reference “State Engineer Subdivision Review Number 2026-39-12” in all correspondence
pertaining to this application.
Should you require clarification, please do not hesitate to contact me at (307) 777-2974 or via email
at wesley.frain1@wyo.gov. We appreciate the opportunity to provide comments on the
aforementioned subdivision application.
Sincerely,
Wesley Frain
Natural Resource Analyst
ELECTRONICALLY TRANSMITTED
Cc: Ryan Cox, Administrator, Ground Water Division