§ 16-1-108 — Obligations and responsibilities of participating agencies

Wyoming § 16-1-108

• Jurisdiction: Wyoming
• Title 16: City, County, State and Local Powers
• Ch. 1: INTERGOVERNMENTAL COOPERATION
• Art. 1: IN GENERAL

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(a) No participating agency nor any legal entity created
pursuant to this act shall construct, operate or maintain any
facility or improvement other than for service to and use by the
participating agencies and their resident customers, except for
undertakings pursuant to W.S. 16-1-104(c)(xii).
(b) No agreement pursuant to this act shall relieve any
participating agency of any obligation or responsibility imposed
upon it by law except to the extent of actual and timely
performance thereof by a joint powers board or other legal or
administrative entity created by an agreement hereunder, the
performance may be offered in satisfaction of the obligation or
responsibility.
(c) After April 1, 1998, any legal entity created pursuant
to this act or any of its participating agencies, which owns,
constructs, operates or maintains a municipal or rural domestic
water supply system funded in whole or in part by state grants
or loans, shall not assess public entities or individual water
users in the cooperating agencies' service area water rate
charges which exceed the actual costs of providing and
delivering water to the point of connection to the public
entities' or individual water users' water system. The governing
body of the entity may establish one (1) or more service areas
in each of which an average water rate may be used for all
customers. A one time connection fee or system investment fee
reasonably calculated to permit recovery of a proportionate
share of the system infrastructure cost necessary to treat and
convey the water may also be charged. A one-time fee may also
be charged to recover reasonable expenses incurred by the public
entity in determining the actual costs of treating and
delivering water to the point of connection. Charges for special
services such as customer's line maintenance shall be in
addition to the water rate. As used in this subsection, "actual
costs of providing and delivering water" shall include a
proportionate share of the following costs related to the water
system:
(i) Fees, interest charges and principal payments on
all bonds issued and other indebtedness incurred to construct,
purchase or improve the utility;
(ii) Salaries and wages of employees;
(iii) The cost of materials, supplies, utilities and
outside services;
(iv) Other costs directly related to the delivery
system;
(v) The cost for providing and maintaining a
depreciation fund, a fund for emergencies and a fund for
acquisition and development of new water rights and water
sources;
(vi) Administrative and overhead expenses; and
(vii) The cost of acquiring, transporting, processing
and treating water.
(d) If requested by the party seeking water service who
resides outside the public entity's service area and upon
approval of the public entity, subsection (c) of this section
shall not apply if the ratio of the established rate charged to
customers outside the area to the rate within the public
entities service area is less than one and one-quarter (1.25) to
one (1).