MEANS OF DIVERSION

Rule 9(a). Identifying means of diversion. Facts and information concerning the means of diversion of a water right will be identified using the information in the claim, aerial photographs, topographic maps, Water Resources Survey information, and other sources available to the department. Rule 9(b). Examining means of diversion. When the means of diversion cannot be substantiated, the department will gather further facts and data pertaining to the specific claim. The claimant may be contacted pursuant to Rule 44, W.R.C.E.R. In addition, an on-site visit may be requested pursuant to Rule 44, W.R.C.E.R. 25 Rule 9(c). Changing means of diversion. The claimed means of diversion of a water right will not be changed during the department's examination unless: (1) amended by the claimant; or (2) clarified by the department to identify similar means of diversion consistently. Rule 9(d). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the means of diversion: (1) the claimed or clarified means of diversion; (2) identification of unique aspects or features of the means of diversion; (3) a notation of changes made during the department's examination; and (4) remarks concerning unresolved issues or questions about the means of diversion, such as “the means of diversion cannot be identified.”