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Show DESIGNATED CRITICAL OR OTHER GROUND WATER AREAS 663 The districts are created for the conservation, preservation, protection, recharging, and prevention of waste of ground water of subterranean reservoirs.286 The district may require permits for drilling wells and may provide for the spacing of wells.287 However, the ownership and rights of the landowner are expressly recognized and the priorities relating to surface water do not apply.288 No district can be created unless its area is coterminous with an underground reservoir or subdivision thereof which has been designated by the Texas Water Rights Commission as such.289 Districts may award waters on the basis of specified preferences.290 Districts are organized after petition of landowners in the area to be included therein.291 When the land to be included in the district is one county, the formation of the district shall be considered and ordered by the county commissioner's court. When the land is in two or more counties, such formation shall be considered and ordered by the Texas Water Rights Commission.292 Wyoming Any ground water district may be designated as a critical ground water area by the Board of Control upon information supplied by the State Engineer when: (1) the rate of discharge nearly equals the rate of recharge; (2) ground water levels are declining, or have declined excessively; (3) conflicts between users are occurring or may occur; (4) waste of water is occurring or may occur; or (5) other conditions require regulation in the public interest.293 After the boundaries of a critical area have been established, there shall be an adjudication of the waters of said area.294 The State Engineer may, on his own motion, or after proper petition, cause a hearing to be held to determine whether the ground waters in a critical area are adequate for the needs of all appropriators therein. After the hearing, he may adopt an order calling for, among other things, one or more of the following: (1) close the critical area to further appropriation; (2) determine permissible total withdrawals for each day, month, or year; (3) if he finds withdrawals by junior appropriators have a material adverse effect on senior appropriators, he may order the juniors to cease or reduce withdrawals; (4) he may require and specify a system of rotation of use.295 Appropriators of 286Id. art. 7880-3c(B). 261 Id. arts. 7880-3c(B)(3) to (B)(8). ™Id. art. 7880-3c(D). ™Id. art. 7880-3c(C). 290Id. art. 7880-4a. 291 Id. art. 7880-10. 292Id. art. 7880-13. 293Wyo. Stat. Ann. § 41-129 (1957). 294Id. § 41-131. 295Id. § 41-132(a). |
