§ 41-2-114 — Development of water projects; rehabilitation of water projects

(a) The commission shall, on the basis of the state water
plan or as otherwise directed by the legislature and after
consultation with and advice from state agencies and officials,
other appropriate agencies and officials, the cooperative tribal
governing body, the business council of the Eastern Shoshone
Tribe, the business council of the Northern Arapaho Tribe and
members of the public, identify and select potential projects to
be studied for inclusion in the Wyoming water development
program pursuant to the following schedule:
(i) Level I reconnaissance studies shall, to the
extent possible:
(A) Describe the project;
(B) Identify the need for the project including
supplies and demands for the water;
(C) In cooperation with the state engineer,
assess the status of water rights, including existing conflicts
and recommendations for resolution of the conflicts and other
potential obstacles;
(D) Assess and describe federal permits required
for construction;
(E) Assess environmental considerations and
constraints, including recreational use of the water in storage;
(F) Identify legal constraints to development;
(G) Identify alternate sources of supply
including both surface water and groundwater;
(H) Summarize public testimony received at
meetings held by the commission in the basin of origin; and
(J) Contain the commission's recommendation to
the legislature whether to terminate further consideration of
the proposed project or to continue the project at its current
level of study, or to proceed with further activity under
paragraph (a)(ii), (iii) or (iv) of this section.
(ii) Level II feasibility studies shall to the extent
possible:
(A) Include a detailed analysis of factors
relevant to development, operation and maintenance;
(B) Identify major problems and opportunities
concerning development and the environmental, recreational,
social and economic effects of development;
(C) Identify the desired sequence of events,
including commencement of state and federal permitting
activities and acquisition of land;
(D) Summarize testimony received at public
hearings held by the commission in the basin of origin;
(E) Include test drilling for groundwater
projects;
(F) Contain final concept design and cost
estimates;
(G) Include the project financing plan;
(H) Identify the interests in land and water
rights to be acquired and the means and costs of acquisition. An
"interest in land" may include the fee simple title or any other
interest in land less than a fee simple; and
(J) Include draft legislation describing in
detail the construction, operation and financing of the proposed
project, including reimbursement of predevelopment costs from
the beneficiaries of the project.
(iii) Repealed by Laws 1988, ch. 79, § 11.
(iv) Level III construction and operation plans shall
proceed as authorized and approved by the legislature under the
immediate direction and control of the commission. Preference in
the marketing of hydroelectric power from any such project shall
be given to utilities serving Wyoming municipalities and to
rural electric cooperatives where economical and permissible
under federal law. Pursuant to legislative authorization for
water development projects and prior to completion of Level III
construction the commission may:
(A) Design, construct, acquire or purchase water
development projects for the conservation, storage, distribution
and use of water or any feature, facility, function or portion
of a project;
(B) Contract for the performance of any power
under subparagraph (A) of this paragraph, and consult with or
employ experts and professional persons;
(C) Acquire by purchase, lease, appropriation,
gift, exchange or eminent domain, necessary land, easements and
other property for construction, operation and maintenance of
water projects and accept gifts, grants and contributions of
money from any source;
(D) Acquire by purchase, lease, appropriation,
development, gift or exchange necessary water rights for
construction, operation and maintenance of water projects and
accept gifts, grants and contributions of money from any source;
(E) Contract for the sale, lease or delivery of
water, water rights, water storage or hydroelectric power, and
fix charges, rates, rents, fees and tolls;
(F) Contract with, contribute to or receive
contributions from any legal subdivision of the state, special
district, the cooperative tribal governing body, the business
council of the Eastern Shoshone Tribe, the business council of
the Northern Arapaho Tribe, private corporation or person for
the construction, operation, management and maintenance of any
project or any interest in any facility or function of a
project.
(v) After completion of Level III construction, the
commission:
(A) Shall be responsible for the operation and
maintenance of state owned facilities constructed under the
direction and control of the commission;
(B) Shall manage contracts and agreements
entered into by the commission pursuant to paragraph (iv) of
this subsection;
(C) May contract for the sale, lease or delivery
of water, water rights, water storage or hydroelectric power and
fix charges, rates, rents, fees and tolls for any project
constructed pursuant to paragraph (iv) of this subsection not in
conflict with contracts and agreements entered into by the
commission;
(D) May contract with, contribute to or receive
contributions from any legal subdivision of the state, special
district, the cooperative tribal governing body, the business
council of the Eastern Shoshone Tribe, the business council of
the Northern Arapaho Tribe, private corporation or person for
the operation, management and maintenance of any project or any
interest in any facility or function of a project.
(b) State agencies shall cooperate fully with the
commission in the preparation of the studies. In the execution
of these activities, the commission shall:
(i) Receive and acquire data relating to water, water
use and water quality from any source as it relates to the
project;
(ii) Repealed by Laws 1979, ch. 59, § 5.
(iii) Hold public hearings within the basin of origin
water division where the proposed project will be wholly or
partly constructed, consult with and receive the views of
private persons, local groups, associations and organizations
representing water users, industries and the public interest;
(iv) Coordinate the feasibility studies with the
plans of other government agencies and departments;
(v) Undertake studies, investigations, surveys and
research relevant to the completion of the study and enter into
contracts and arrangements for its completion with any
government agency, department or any person, firm, university,
institution or state or national organization;
(vi) Undertake studies, investigations, surveys and
research relevant to outright purchase by the state of Wyoming
of water interests from the federal government;
(vii) Perform any other related activities or
functions relevant and appropriate to the completion of the
feasibility study; and
(viii) Maximize the use of all existing information,
data, reports and other materials, and no funds shall be
expended to duplicate existing information, data, reports and
other materials.
(c) Repealed by Laws 1982, ch. 59, § 2.
(d) The commission may suspend the expenditure of time or
funds on a project at any level of activity, if it is
established that it would be in the public interest. The
commission shall report the reason for any suspension of
activity to the legislature.
(e) Any person seeking financial assistance from the water
development account to rehabilitate an existing water project
shall submit that request to the commission. The commission
shall:
(i) Review and develop plans and recommendations for
the project as provided in this section.
(ii) Repealed by Laws 1986, ch. 109, § 3.
(f) The commission shall make a recommendation to the
legislature for disposition of projects it retains under
subsection (e) of this section.