PLACE OF USE (POU)

Rule 18(a). Identifying place of use. The place of use for domestic purposes will be identified and described by the nearest reasonable and concise legal land description and the associated irrigated acreage. The POU may include the house, garden or other facilities for this purpose. (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 claimed POU and associated claimed acreage. (2) When the claimed legal land description or claimed acreage 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 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 or claimed acreage is vague or incomplete; (iii) the claimed legal land description or claimed acreage is inconsistent with the source, point of diversion, or purpose claimed; and 50 (iv) a claimed POU of one party overlaps any portion of the claimed POU of another party. Rule 18(b). Examining place of use. The claimant's map(s) and at least one other post-priority date data source, when available, will be used to examine the acreage claimed. (1) When the acreage claimed exceeds a reasonable acreage, generally 5 acres, for lawn and garden or shelterbelt purposes, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. (2) When the acreage identified by the department differs from the acreage claimed by more than the amount specified in exhibit B, the claimant will be contacted pursuant to Rule 44, W.R.C.E.R. Rule 18(c). 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; or (2) clarified by the department to the nearest reasonable and concise legal land description. Rule 18(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 place of use: (1) the claimed or clarified irrigated acreage; (2) the claimed or clarified legal land description; 51 (3) additional legal land descriptions identified by the department such as government lots, subdivisions, certificates of survey, homestead entry surveys, and mineral surveys; (4) identification of unique aspects or features of the place of use; (5) a notation of changes made during the department's examination; and (6) remarks concerning unresolved issues or questions about the claimed place of use such as the following situations: (i) the acreage found on a data source differs from the acreage claimed by more than the amount specified in Exhibit B; or (ii) the claimed place of use could not be identified.