FLOW RATE AND VOLUME

RULE 24(a). Identifying flow rate and volume. Facts and information concerning flow rate and volume for stockwater use will be identified using information in the claim along with other data gathered by the department. RULE 24(b). Flow rate guideline. The flow rate guideline for stock use within a basin or subbasin will be as follows: 60 (1) The flow rate guideline for wells, developed springs, pumped diversions, or gravity flow pipelines will be 35 gallons per minute. (2) There will be no flow rate guideline for stock drinking from the source either directly, from a ditch system, or from an undeveloped spring. For these types of stock use, a specific flow rate will not be decreed. A remark shall be added to the water right abstract. Example: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED BECAUSE THIS USE CONSISTS OF STOCK DRINKING DIRECTLY FROM THE SOURCE OR FROM A DITCH SYSTEM. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. (3) The flow rate guideline for reservoirs associated with stockwater use claims will be as follows: (i) For stockwater claims involving only water from on-stream reservoirs a flow rate guideline will not be identified, and a flow rate will not be decreed. A remark shall be added to the water right abstract. Example: A SPECIFIC FLOW RATE HAS NOT BEEN DECREED FOR THIS USE FROM THIS ONSTREAM RESERVOIR. THE FLOW RATE IS LIMITED TO THE MINIMUM AMOUNT HISTORICALLY NECESSARY TO SUSTAIN THIS PURPOSE. (ii) For offstream reservoirs the flow rate guideline for storage will be the capacity of the diversion and conveyance 61 system. If there is no information regarding the capacity of the diversion and conveyance system, or the system is shared by more than one claimant, the flow rate guideline of 35 gallons per minute will be used. RULE 24(c). Volume guideline. A volume for stockwater claims will not be quantified except as directed by the water court. When a volume is not quantified, the following remark shall be added to the water right abstract. Example: THIS RIGHT INCLUDES THE AMOUNT OF WATER CONSUMPTIVELY USED FOR STOCK WATERING PURPOSES AT THE RATE OF 30 GALLONS PER DAY PER ANIMAL UNIT. ANIMAL UNITS SHALL BE BASED ON REASONABLE CARRYING CAPACITY AND HISTORICAL USE OF THE AREA SERVICED BY THIS WATER SOURCE. If the water court directs that volumes be quantified for certain stockwater claims, the water court, in consultation with the department, shall determine appropriate volume guidelines. RULE 24(d). Examining flow rate and volume. When the claimed flow rate or volume differs from the guideline, the department will gather further data and facts in an attempt to determine the actual flow rate or volume for the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. Discrepancies that may require claimant contact include, but are not limited to: (1) the claimed flow rate exceeds the guideline established for wells, developed springs, pumped diversion or gravity flow pipelines; or 62 (2) the claimed flow rate for wells, developed springs, pumped diversion or gravity flow pipelines appears to be in error, inconsistent or insufficient to satisfy the purpose. RULE 24(e). Decree exceeded. When the flow rate of a prior decreed water right has been exceeded by respectively filed claims, the parties involved may be contacted pursuant to Rule 44, W.R.C.E.R. If the parties do not reach agreement among themselves and correct the over claimed flow rate, the issue shall be identified in the department's summary report to the water court. RULE 24(f). Changing flow rate or volume. The claimed flow rate and claimed volume of a water right will not be changed during the department's examination unless: (1) amended by the claimant; (2) clarified by the department; (3) as authorized in parts (b) and (c) of this rule; or (4) standardized as to units of measure according to Rule 4, W.R.C.E.R. RULE 24(g). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the flow rate and volume: (1) the claimed or clarified flow rate, or changes authorized by this rule; (2) the claimed or clarified volume, or changes authorized by this rule; (3) identification of unique aspects or features of the flow rate and volume; 63 (4) a notation of changes made during the department's examination; and (5) remarks concerning unresolved issues or questions about the claimed flow rate and volume such as the claimed flow rate or volume to be decreed cannot be confirmed or appears excessive for this purpose.