PLACE OF USE (POU)

58 RULE 23(a). Identifying place of use. The place of use for stock purposes will be identified and described by the nearest reasonable and concise legal land description. The POU is the actual place where the stock drink the water. (1) The information in the claim, topographic maps, aerial photographs, U. S. National Forest Service maps, Bureau of Land Management maps, Water Resources Survey information, county land ownership records, as well as other sources available to the department may be used to review the POU legal land descriptions. (2) When the claimed legal land description cannot be substantiated, the department will gather further facts and data. The claimant may be contacted for additional information pursuant to Rule 44, W.R.C.E.R. Discrepancies in the claimed place of use that may require claimant contact or an on-site visit include, but are not limited to: (i) no legal land description is given for the claimed place of use; and (ii) the claimed legal land description is incomplete; (iii) the claimed legal land description is inconsistent with the source, point of diversion, or purpose claimed. RULE 23(b). Changing place of use. The claimed place of use of a water right will not be changed during the department's examination unless: (1) amended by the claimant; (2) clarified by the department to the nearest reasonable and concise legal land description; or 59 (3) revised so that the POU and POD legal land descriptions for direct instream surface water stock use will be the same. RULE 23(c). Summary report. In the summary report to the water court, the department shall provide on each abstract the following data and facts concerning the place of use: (1) the claimed or clarified legal land description or changes authorized by this rule; (2) additional legal land descriptions identified by the department such as government lots, subdivisions, certificates of survey, homestead entry surveys, and mineral surveys; (3) identification of unique aspects or features of the place of use; (4) a notation of changes made during the department's examination; and (5) remarks concerning unresolved issues or questions about the claimed place of use such as the claimed place of use could not be identified.