PLACE OF USE (POU)

69 RULE 28(a). Identifying place of use. The place of use for other use purposes will be identified and described to the nearest reasonable and concise legal land description. (1) The information in the claim, topographic maps, aerial photographs, Water Resources Survey information, county land ownership records, U. S. National Forest Service maps, Bureau of Land Management maps, as well as other sources available to the department may be used to review the POU legal land descriptions. (2) When the claimed POU cannot be substantiated, the department will gather further facts and data. 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. Discrepancies in the claimed POU 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; (ii) the claimed legal land description is vague or incomplete; or (iii) the claimed legal land description is inconsistent with the source, point of diversion, or purpose claimed; RULE 28(b). Changing place of use. The claimed legal land description 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 70 (3) revised so that the POU and POD legal land descriptions for instream surface water use will be the same. RULE 28(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; (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.