POINT OF DIVERSION (POD)

Rule 8(a). Identifying point of diversion. The claimed POD will be identified and described by the nearest reasonable and concise legal land description. 22 (1) The information in the claim, aerial photographs, topographic maps, Water Resources Survey information, county land ownership records, and other sources available to the department may be used to review the claimed POD. (2) When the claimed POD 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. (3) A diversion structure used for more than one claim will have a consistent legal land description specified on all respective claims. Rule 8(b). Reviewing basin codes. Claims having diversions within a common drainage basin or subbasin will be identified with a common basin code. The basin code will be reviewed to confirm that the claim has been grouped in the correct basin. (1) If the department finds that a claim was omitted from a basin where a decree has been issued, the water court shall be notified. (2) If the department finds that a claim was omitted from a basin where a decree has not been issued, the department will change the basin code in the claim file and in the centralized record system. Rule 8(c). Identifying interbasin transfers. When the POD is in one basin and the place of use, or a portion thereof, is in another basin, an interbasin transfer shall be identified for the basin of the POU as well as the basin of the POD. 23 Rule 8(d). Changing point of diversion. The claimed point of diversion 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 (3) revised to identify and describe a POD used by more than one claim consistently. Rule 8(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 point of diversion: (1) the basin code designated by the department; (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 named ditches or canals; (5) identification of unique aspects or features of the point of diversion; (6) a notation of changes made during the department's examination; (7) a remark identifying an interbasin transfer of water; Examples: 24 THIS APPROPRIATION OF WATER TAKES WATER FROM THE _____ RIVER DRAINAGE (BASIN _____) AND USES IT IN THE _____ RIVER DRAINAGE (BASIN _____). ANY OBJECTION TO THIS RIGHT MAY BE FILED DURING THE OBJECTION PERIODS FOR EITHER THE POINT OF DIVERSION OR PLACE OF USE BASIN. THIS APPROPRIATION OF WATER TAKES WATER FROM THE _____ RIVER DRAINAGE (BASIN _____) AND USES IT IN THE _____ RIVER DRAINAGE (BASIN _____) AND THE _____ RIVER DRAINAGE (BASIN _____). ANY OBJECTION TO THIS RIGHT MAY BE FILED DURING THE OBJECTION PERIODS FOR EITHER THE POINT OF DIVERSION OR PLACE OF USE BASIN. and (8) remarks concerning unresolved issues or questions about the claimed point of diversion such as the point of diversion legal land description could not be refined.