§ 99-2-104 — Level III construction projects-rehabilitation

Wyoming § 99-2-104

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 1: 1991 CONSTRUCTION PROJECTS

Text

(a) Except as otherwise specifically provided, each Level
III rehabilitation construction project identified in this
section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project
loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment
schedules for project loans in accordance with the conditions
prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for
repair and maintenance of the project as deemed appropriate by
the commission;
(iv) Each sponsor shall supervise design and
construction of the project and submit all requests for payment
to the commission for approval;
(v) Sponsors shall not make construction funding
commitments until after the commission has reviewed and approved
construction budgets and construction plans;
(vi) The commission shall make payments directly to
the sponsors;
(vii) The sponsor shall be responsible for operation
and maintenance of the project;
(viii) The sponsor is responsible for all project
expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor
has, without good cause, abandoned completion of the project,
that sponsor, in addition to being required to repay the loan,
shall be obligated to immediately repay the full amount of all
grant funds actually expended plus interest as established by
the state auditor in an amount equal to the interest that would
have accrued on the expended grant funds in the water
development account from the date of expenditure;
(x) Principal and interest payments made in repayment
of loans shall be deposited in water development account II.
Source notes for subsection (a): (Laws 1991, ch. 231, § 4a.)
(b) Project - Afton Water Supply:
(i) Project sponsor: Town of Afton;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Spring renovation,
transmission pipeline replacement, storage tank, pump station,
pipeline connection to the existing system, a groundwater well,
valves and appurtenances necessary to make the project complete
and function in the manner intended;
(iv) Total project budget: Two million six hundred
thousand dollars ($2,600,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one million three hundred
thousand dollars ($1,300,000.00) or fifty percent (50%) of the
actual development costs, whichever is less, for a term of
thirty (30) years from the date the commission determines
project benefits accrue to the sponsor, at an annual interest
rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one million three hundred
thousand dollars ($1,300,000.00) or fifty percent (50%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission two million six
hundred thousand dollars ($2,600,000.00) or as much thereof as
is necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1995;
(viii) Special conditions: If the town installs a
hydroelectric generation facility into the project, the profits
derived from the power generation, after debt service and
operation, maintenance and replacement costs, shall be utilized
to reduce the principal of the loan provided in paragraph (v) of
this subsection. After the principal on the loan has been
retired, the profits from the power generation shall belong to
the town.
Source notes for subsection (b): (Laws 1991, ch. 231, § 4b.)
(c) Project - Chamberlain Reservoir:
(i) Project sponsor: LaPrele Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to the
existing embankment, outlet works, principal, north, and
emergency spillways, and appurtenances necessary to make the
project complete and function in the manner intended;
(iv) Total project budget: One hundred fifty
thousand dollars ($150,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed seventy-five thousand dollars
($75,000.00) or fifty percent (50%) of the actual development
costs, whichever is less, for a term of twenty-five (25) years
from the date the commission determines project benefits accrue
to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed seventy-five thousand dollars
($75,000.00) or fifty percent (50%) of the actual development
costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission one hundred fifty
thousand dollars ($150,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1994;
(viii) Special conditions: Upon completion of the
project contract the commission shall reamortize the balance of
the principal, as of January 1, 1991, of the existing loan
provided in the 1984 Wyoming Session Laws, Chapter 25, Section
1(b) on the basis of an interest rate of four percent (4%) and
twenty-four (24) annual payments.
Source notes for subsection (c): (Laws 1991, ch. 231, § 4c.)
(d) Project - Cheyenne North Crow Reservoir:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the
existing North Crow dam, spillway and outlet works and to the
existing diversion dam and outlet works and appurtenances
necessary to make the project complete and function in the
manner intended;
(iv) Total project budget: Three million five
hundred thousand dollars ($3,500,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one million seven hundred fifty
thousand dollars ($1,750,000.00) or fifty percent (50%) of the
actual development costs, whichever is less, for a term of
thirty (30) years from the date the commission determines
project benefits accrue to the sponsor, at an annual interest
rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one million seven hundred fifty
thousand dollars ($1,750,000.00) or fifty percent (50%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission three million
five hundred thousand dollars ($3,500,000.00) or as much thereof
as is necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1995.
Source notes for subsection (d): (Laws 1991, ch. 231, § 4d.)
(e) Project-Douglas Water Supply:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the
existing intake structure on the North Platte River and to
existing facilities at the Little Box Elder Springs and
appurtenances necessary to make the project complete and
function in the manner intended;
(iv) Total project budget: Four hundred thousand
dollars ($400,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed two hundred thousand dollars
($200,000.00) or fifty percent (50%) of the actual development
costs, whichever is less, for a term of forty (40) years from
the date the commission determines project benefits accrue to
the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed two hundred thousand dollars
($200,000.00) or fifty percent (50%) of the actual development
costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission four hundred
thousand dollars ($400,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1994;
(viii) Repealed by Laws 1992, ch. 28, § 6.
Source notes for subsection (e): (Laws 1991, ch. 231, § 4e;
1992, ch. 28, § 6.)
(f) Project - Etna Diversion Dam:
(i) Project sponsor: Etna Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Replacement of the
existing diversion dam and appurtenances necessary to make the
project complete and function in the manner intended;
(iv) Total project budget: Two hundred thousand
dollars ($200,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one hundred thousand dollars
($100,000.00) or fifty percent (50%) of the actual development
costs, whichever is less, for a term of fifteen (15) years from
the date the commission determines project benefits accrue to
the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one hundred thousand dollars
($100,000.00) or fifty percent (50%) of the actual development
costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission two hundred
thousand dollars ($200,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1995.
Source notes for subsection (f): (Laws 1991, ch. 231, § 4f.)
(g) Project - Shoshoni Water Supply:
(i) Project sponsor: Town of Shoshoni;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the
existing well field, storage tank, transmission and water supply
pipeline; installation of a telemetry system; and appurtenances
necessary to make the project complete and function in the
manner intended;
(iv) Total project budget: Seven hundred forty
thousand dollars ($740,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed three hundred seventy thousand
dollars ($370,000.00) or fifty percent (50%) of the actual
development costs, whichever is less, for a term of thirty (30)
years from the date the commission determines benefits accrue to
the district, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed three hundred seventy thousand
dollars ($370,000.00) or fifty percent (50%) of the actual
development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission seven hundred
forty thousand dollars ($740,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1994.
Source notes for subsection (g): (Laws 1991, ch. 231, § 4g.)
(h) Project - Smiths Fork Water Supply:
(i) Project sponsor: Smiths Fork Irrigation
District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to an
existing diversion dam, headgate, and siphon; installation of
measuring devises; and appurtenances necessary to make the
project complete and function in the manner intended;
(iv) Total project budget: Three hundred forty
thousand dollars ($340,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one hundred seventy thousand
dollars ($170,000.00) or fifty percent (50%) of the actual
development costs, whichever is less, for a term of thirty-five
(35) years from the date the commission determines project
benefits accrue to the sponsor, at an annual interest rate of
four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed one hundred seventy thousand
dollars ($170,000.00) or fifty percent (50%) of the actual
development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission three hundred
forty thousand dollars ($340,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1995.
Source notes for subsection (h): (Laws 1991, ch. 231, § 4h.)
(j) Project - Upper Hanover Water Supply:
(i) Project sponsor: Hanover Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to existing
wasteways, flumes, siphons, underpasses, check structures,
canals, pipelines and appurtenances necessary to make the
project complete and function in the manner intended;
(iv) Total project budget: One million two hundred
thousand dollars ($1,200,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed six hundred thousand dollars
($600,000.00) or fifty percent (50%) of the actual development
costs, whichever is less, for a term of thirty-five (35) years
from the date the commission determines project benefits accrue
to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed six hundred thousand dollars
($600,000.00) or fifty percent (50%) of the actual development
costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account II to the commission one million two
hundred thousand dollars ($1,200,000.00) or as much thereof as
is necessary to carry out the purpose of this subsection.
Unexpended funds appropriated under this subsection shall revert
to water development account II on July 1, 1996;
(viii) Special conditions: The sponsor shall develop
a written agreement with the Bluff, Upper Bluff and Highland
Hanover irrigation districts identifying the project
responsibilities of the parties.
Source notes for subsection (j): (Laws 1991, ch. 231, § 4j.)