§ 99-2-303 — Level III construction projects - new development

Wyoming § 99-2-303

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 3: 1993 CONSTRUCTION PROJECTS

Text

(a) Except as otherwise specifically provided, each Level
III new development construction project identified in this
section shall be subject to the following general conditions:
Source notes for subsection (a): (Laws 1993, ch. 89, § 3a.)
(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 I;
(xi) There shall be no lease, sale, assignment or
transfer of ownership of water from the project for purposes
other than the designated project purpose without prior written
approval of the commission and the state engineer or board of
control. If such a transaction is approved, the revenues
generated by the lease, sale, assignment or transfer of
ownership of water from the project shall be utilized to retire
principal on the project loan. After that loan is paid in full,
the sponsor shall receive a proportionate share of the revenues
generated by the lease, sale, assignment or transfer of
ownership of water from the project equal to the percentage of
the project loan and the state of Wyoming shall receive a
proportionate share of the revenues generated by the lease,
sale, assignment or transfer of ownership of water from the
project equal to the percentage of the project grant;
(xii) There shall be no lease, sale, assignment or
transfer of ownership of any project until the project loan is
paid in full, and until prior written approval is obtained from
the commission. If these conditions are met, the sponsor shall
receive a proportionate share of the revenues generated by the
lease, sale, assignment or transfer of ownership of the project
equal to the percentage of the project loan and the state of
Wyoming shall receive a proportionate share of the revenues
generated by the lease, sale, assignment or transfer of
ownership of the project equal to the percentage of the project
grant. Before the sponsor may lease, sell, assign or transfer
ownership of the project, the state of Wyoming shall be given a
one (1) year first right of refusal option to purchase the
sponsor's interest in the project for an amount equal to the
principal, interest, maintenance and replacement costs incurred
by the sponsor at the date the option is exercised;
(xiii) After the project loan is paid in full, the
sponsor may purchase the position of the state of Wyoming, as
described in paragraphs (xi) and (xii) of this subsection, for
the amount of the project grant plus the interest that would
have accrued on the grant amount in the water development
account from the date the project was substantially completed as
defined by the commission. The interest that would have accrued
on the grant amount shall be established by the state auditor;
(xiv) Any revenues generated by the state from the
lease, sale, assignment or transfer of ownership of any project
or project water shall be deposited in water development account
I. (Laws 1993, ch. 89, § 3a.)
(b) Project - Brooks Hat Six Water Supply Project:
(i) Project sponsor: Town of Evansville;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Transmission pipeline,
valves 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 I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed forty-nine thousand five hundred
dollars ($49,500.00) or thirty-three percent (33%) of the actual
development costs, whichever is less, for a term of twenty (20)
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 I 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 five
hundred dollars ($100,500.00) or sixty-seven percent (67%) of
the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I 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 I on July 1, 1996;
(viii) Special conditions:
(A) Prior to the completion of the contract
described in section 2(a) of this act, the sponsor shall
complete a water supply agreement with the Brooks Hat Six
Improvement and Service District. The water supply agreement
will be subject to the approval of the commission;
(B) The size of the transmission pipeline is
based on supplying water to other regional domestic water users,
including but not limited to the Sandy Lake Estates Improvement
and Service District. Therefore, subject to commission
approval, the sponsor may sell water from the project to other
domestic water users. The sale may be accomplished through lump
sum payments or through the purchasers assuming a portion of the
loan described in paragraph (v) of this subsection, or both. If
the sales are accomplished through lump sum payments, the
sponsor must use the payments to reduce the principal on the
loan described in paragraph (v) of this subsection. Any sales
other than for domestic purposes will be subject to the
conditions described in paragraphs (xi) through (xiii) of
subsection 3(a) of this act [§ 99-2-303(a)].
Source notes for subsection (b): (Laws 1993, ch. 89, § 3b.)
(c) Project - Cheyenne Storage Facility:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Storage facility, valves
and appurtenances necessary to make the project complete and
function in the manner intended;
(iv) Total project budget: Five million nine hundred
thousand dollars ($5,900,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed seven hundred sixty-seven
thousand dollars ($767,000.00) or thirteen percent (13%) of the
actual development costs, whichever is less, for a term of
twenty (20) 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 I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed seven hundred sixty-seven
thousand dollars ($767,000.00) or thirteen percent (13%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission one million five
hundred thirty-four thousand dollars ($1,534,000.00) 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 I on July 1, 1996;
(viii) Special conditions: The sponsor is
responsible for acquiring seventy-four percent (74%) of the
total project budget from other sources.
Source notes for subsection (c): (Laws 1993, ch. 89, § 3c.)
(d) Project - Freedom Water Supply Project:
(i) Project sponsor: Freedom Water and Sewer
District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Well, transmission
pipeline, pump station, storage facility, valves and
appurtenances necessary to make the project complete and
function in the manner intended;
(iv) Total project budget: One million one hundred
thousand dollars ($1,100,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed seven hundred thirty-seven
thousand dollars ($737,000.00) or sixty-seven percent (67%) of
the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account I to the commission seven hundred
thirty-seven thousand dollars ($737,000.00) 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 I on July 1, 1997;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring
thirty-three percent (33%) of the total project budget from
other sources;
(B) The sponsor may purchase the well completed
during the Level II study for a price of fifteen thousand
dollars ($15,000.00) or thirty-three percent (33%) of the actual
construction costs, whichever is less, if approved by the
commission. The sponsor may purchase the well with a lump sum
payment or with amortized payments based on a term of five (5)
years from the date the commission determines project benefits
accrue to the sponsor, at an annual interest rate of four
percent (4%). In either event, the purchase agreement must be
completed prior to commencement of the project.
Source notes for subsection (d): (Laws 1993, ch. 89, § 3d.)
(e) Project - Gillette Pipeline Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Transmission pipeline,
valves and appurtenances necessary to make the project complete
and function in the manner intended;
(iv) Total project budget: Six hundred ten thousand
dollars ($610,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed four hundred eight thousand
seven hundred dollars ($408,700.00) or sixty-seven percent (67%)
of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account I to the commission four hundred eight
thousand seven hundred dollars ($408,700.00) 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 I on July 1, 1995;
(vii) Special conditions: The sponsor is responsible
for acquiring thirty-three percent (33%) of the total project
budget from other sources.
Source notes for subsection (e): (Laws 1993, ch. 89, § 3e.)
(f) Project - Little Snake River Valley Dam and Reservoir
Project:
(i) Project sponsor: State of Wyoming;
(ii) Project purpose: Agricultural, municipal and
domestic water supply, recreation, environmental enhancement and
mitigation for the Stage I, II and III transbasin diversion
water supply projects;
(iii) Project description: Dam, outlet works,
spillways and appurtenances necessary to make the project
complete and function in the manner intended;
(iv) Total project budget: Thirty-three million eight
hundred thousand dollars ($33,800,000.00);
(v) Appropriation:
(A) There is appropriated from water development
account I to the commission twenty-four million two hundred
thousand dollars ($24,200,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection;
(B) Of the ten million dollars ($10,000,000.00)
previously appropriated for funding of the Sandstone project by
1988 Wyoming Session Laws, Chapter 79, Section 7 [as amended by
the 1989 Wyoming Session Laws, Chapter 268, Section 2], nine
million six hundred thousand dollars ($9,600,000.00) or as much
thereof as is necessary is appropriated to and may be used by
the commission to carry out the purpose of this subsection;
(C) Unexpended funds appropriated under this
subsection shall revert to the account established in W.S.
99-99-1001(a)(vi) on July 1, 2010.
(vi) Special conditions: The construction of the
Little Snake River Valley Dam and reservoir project shall be
deemed mitigation to the Little Snake River Basin for any and
all impacts resulting from the operation of the Stage I and
Stage II transbasin diversion water supply projects. The project
sponsor shall ensure that after the project construction is
complete, the reservoir is open for recreational use.
Source notes for subsection (f): (Laws 1993, ch. 89, § 3f;
1997, ch. 45, § 9; 1998, ch. 38, § 5; 2001, Ch. 2, § 4; 2010,
ch. 68, § 2.)
(g) Project - South Laramie Water Supply Project:
(i) Project sponsor: South of Laramie Water and
Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipelines,
pump stations, storage facility, valves and appurtenances
necessary to make the project complete and function in the
manner intended;
(iv) Total project budget: Four million one hundred
forty thousand dollars ($4,140,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I 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-two
thousand six hundred dollars ($372,600.00) or nine percent (9%)
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 I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed two million seven hundred
seventy-three thousand eight hundred dollars ($2,773,800.00) or
sixty-seven percent (67%) of the actual development costs,
whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission three million one
hundred forty-six thousand four hundred dollars ($3,146,400.00)
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 I on July
1, 1997;
(viii) Special conditions: The sponsor is
responsible for acquiring twenty-four percent (24%) of the total
project budget from other sources.
Source notes for subsection (g): (Laws 1993, ch. 89, § 3g.)
(h) Project - Superior Water Supply Project:
(i) Project sponsor: Town of Superior;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Pump station, valves and
appurtenances necessary to make the project complete and
function in the manner intended;
(iv) Total project budget: Forty thousand dollars
($40,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed thirteen thousand two hundred
dollars ($13,200.00) or thirty-three percent (33%) of the actual
development costs, whichever is less, for a term of ten (10)
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 I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed twenty-six thousand eight
hundred dollars ($26,800.00) or sixty-seven percent (67%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission forty thousand
dollars ($40,000.00) 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 I on July 1, 1995.
Source notes for subsection (h): (Laws 1993, ch. 89, § 3h.)