§ 41-2-115 — Report; authorization; assignment

(a) In preparation of the final concept design under W.S.
41-2-114(a)(ii), the commission shall after giving public notice
hold a public hearing within the affected water division. Any
interested person, association or state or federal agency may
appear and participate as a party. Following the hearing, the
commission shall make public a report of their findings relative
to whether the project is in the public interest, stipulating if
the proposed project functions and services can be served by any
person, association or corporation engaged in private
enterprise, or if private enterprise has refused to provide the
functions and services identified as being required by the
proposed project. The commission shall then proceed as set forth
in subsections (b) and (c) of this section. Nothing in this
section shall be construed to interfere with the duties of the
state engineer or the state board of control.
(b) The commission shall within ninety (90) days following
the public hearings transmit its findings and recommendations to
the governor and legislature pursuant to W.S. 41-2-114(a).
Within thirty (30) days following receipt of the findings and
recommendations of the commission, the governor shall submit
separate recommendations concerning the projects to the
legislature. If the recommendations of the governor differ from
those of the commission, the governor shall state the reasons
for nonconcurrence with the recommendations of the commission.
(c) If the commission finds that a project is desirable
and in the public interest, and that some other governmental
agency, public district or private corporation or association is
desirous and capable of constructing, operating and maintaining
the project and accomplishing the public interest to be served
thereby, the commission, with the approval of the governor and
the legislature, shall transfer or assign the project and any
property or rights connected therewith to the agency, district,
corporation or association upon agreed terms for reimbursement
of the expense of predevelopment costs, payment for property and
assurances of construction, operation and maintenance.