PLACE OF USE (POU)

Rule 12(a). Identifying place of use. The claimed POU will be identified and described by the nearest reasonable and concise legal land description and the associated irrigated acreage. (1) The information in the claim, aerial photographs, topographic maps, 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 descriptions or claimed acreage cannot be substantiated, the claimant may be contacted pursuant to Rule 44, W.R.C.E.R. In addition, an on-site visit may be conducted 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; 31 (ii) the claimed legal land description or claimed acreage is vague or incomplete; or (iii) the claimed legal land description or claimed acreage is inconsistent with the source, point of diversion, or other documentation or data. Rule 12(b). Examining place of use. The claimant's map and two or more post-priority date data sources, if available, will be used to examine the claimed irrigated acreage. (1) If the acreage identified by the department on any data source differs significantly from the claimed acreage, additional information will be gathered. (2) Acreage differences exceeding the amount defined in Exhibit B will require claimant contact pursuant to Rule 44, W.R.C.E.R. If additional facts are needed, the department may conduct an on-site visit pursuant to Rule 44, W.R.C.E.R. Rule 12(c). Overlapping place of use. When the department identifies a claimed POU of one party overlapping any portion of the claimed POU of another party, both parties will be contacted pursuant to Rule 44, W.R.C.E.R. If the parties do not reach agreement among themselves resolving the overlapping POUs, the overlap shall be identified as an issue in the summary report to the water court. This section may not apply when one or more of the parties is a ditch company or other water supply organization. Rule 12(d). Changing place of use. The claimed place of use and acreage irrigated of a water right will not be changed during the department's examination unless: (1) amended by the claimant; or 32 (2) clarified by the department to the nearest reasonable and concise legal land description. Rule 12(e). 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 acreage; (2) the claimed or clarified legal land description; (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; Example: USDA AERIAL PHOTOGRAPH NO. 179-150, DATED 11-05-79, APPEARS TO INDICATE 50.00 ACRES IRRIGATED. A DESCRIPTION OF THESE ACRES IS IN THE CLAIM FILE. or 33 (ii) overlapping places of use on claims by different owners. Example: THE WATER RIGHTS LISTED FOLLOWING THIS STATEMENT WERE FILED BY DIFFERENT PARTIES WHO CLAIM OVERLAPPING PLACES OF USE. 000000-00, 000000-00, 000000-00, 000000-00.