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NOTICE OF INTENT TO ADOPT RULES

 

THE FOLLOWING CHANGES ARE PROPOSED:

For Chapter 1, Section 7. Reservoir Storage: This change is being made at the request of the Select Water Committee who expressed concern that Chapter 1, Section 7 rule that reservoirs may fill more than once per year under certain circumstances was ambiguous and possibly not administered consistently. During the discussions, the Committee felt that the wording from the State Engineer’s Office’s Hydrographer/Commissioner manual was clearer than the language in the Board of Control Rules. This proposed rule change aligns the language in the Board of Control Rules to more closely match the wording in the Hydrographer-Commissioner Manual.

 

Several grammatical errors were also corrected in Chapter 1. Section 9(b): hyphens were added to indicate that two words form a compound adjective that precedes a noun. Section 13: The wrong versions of the words “ensure” and “effect” were used. 

 

Emergency Rules for Chapters 5 and 6 were certified on July 8, 2024. The Board of Control noticed inconsistencies between its rules and State statute with respect to certified mailing requirements. The Board sought emergency rulemaking to efficiently correct this inconsistency to avoid placing unintentional burdens on petitioners before the Board of Control. The proposed changes to Chapter 5 and 6 would make the July 2024 emergency rule changes permanent and allow for regular mail and publication for all petitions with a consent burden over twenty landowners. The amendments to the Chapter 6, Contested Case Procedures, differ from the uniform rules identified in W.S. 16-3-103(j) pertaining to W.S. 16-3-102(d) due to statutory notice requirements specific to the Board of Control in W.S. 41-3-114(f).

 

Also, for Chapter 5, Section 4 (c): The cut-off date for submitting petitions was increased from 30 days to 45 days. On May 15, 2018, the Board of Control adopted a policy extending the number of days a petition must be received prior to the start of the meeting to be placed on the agenda. Most people work towards a deadline and the agents who submit petitions and maps to the Board of Control are no exception. A large portion of new petitions were being received at the cut-off date and Board staff was having difficulties reviewing all the materials in time to be presented. To allow staff more time to complete review of new petitions, as well as amended materials, the Board issued a policy that all new petitions must be received at least 45 days prior to the date of the meeting of the Board at which the petition would be considered. This change would have the rules reflect the policy that has been in effect for the last five (5) years.

 

        

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