JurisdictionWyomingTitle 09Administration of the Government
Ch. 2AGENCIES, BOARDS, COMMISSIONS AND DEPARTMENTS
Art. 2USE OF WATER IN FONTENELLE RESERVOIR
This text of Wyoming § 9-2-211 (Purchase of storage capacity in Fontenelle
Reservoir; governor authorized to contract therefor; powers of
commission; limitations on negotiation of contracts for water
use) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The governor may negotiate, execute and deliver a
contract between the United States of America and the state for
the purchase by the state of sixty thousand (60,000) acre-feet
of storage capacity in Fontenelle Reservoir with any rights or
appurtenances thereto. The total cost of the purchase shall not
exceed nine million twenty-six thousand dollars ($9,026,000.00)
for capital costs together with funded interest at the rate of
two and six hundred thirty-two thousandths percent (2.632%) from
December 31, 1968, to the date of the commencement of payments.
All costs shall be paid in not more than forty (40) annual
installments of principal plus interest at the rate of two and
six hundred thirty-two thousandths percent (2.632%) per annum.
(b)If the governor executes a contract under subse
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(a) The governor may negotiate, execute and deliver a
contract between the United States of America and the state for
the purchase by the state of sixty thousand (60,000) acre-feet
of storage capacity in Fontenelle Reservoir with any rights or
appurtenances thereto. The total cost of the purchase shall not
exceed nine million twenty-six thousand dollars ($9,026,000.00)
for capital costs together with funded interest at the rate of
two and six hundred thirty-two thousandths percent (2.632%) from
December 31, 1968, to the date of the commencement of payments.
All costs shall be paid in not more than forty (40) annual
installments of principal plus interest at the rate of two and
six hundred thirty-two thousandths percent (2.632%) per annum.
(b) If the governor executes a contract under subsection
(a) of this section, the water development commission may:
(i) Formulate and develop comprehensive plans for the
development, utilization and sale to potential users of the
yield of water stored in Fontenelle Reservoir;
(ii) Consult with and advise water users of the
availability of the yield of storage water from Fontenelle
Reservoir and the most practicable methods of water development
and distribution;
(iii) Enter into contracts for furnishing the water
yielded from the storage of Fontenelle Reservoir to water users
based on their reasonable needs. All contracts for use of the
water shall be approved by the governor and the state engineer;
(iv) Set service rates charged for furnishing water
from Fontenelle Reservoir. The revenue received from the charges
shall be used to repay the contractual obligation of the state
to the United States of America for the purchase of the water
storage capacity and water rights. The service rates shall be
sufficient to pay all costs, including cost of water, interest,
operating costs and administration costs and to return to the
state an amount equal to the maximum rate of interest then being
received by the state on investment of its permanent funds;
(v) File with the state engineer's office contracts
negotiated with water users and provide the state engineer with
information which will enable him to accurately account for and
identify water sold and used pursuant to this section.
(c) The water development commission may negotiate
contracts with water users only where the proposed use can be
accomplished in a manner which will not injure or impair valid
existing water rights.
(d) Repealed by Laws 1989, ch. 268, § 6.