§ 99-2-403 — Level III construction projects - new development

Wyoming § 99-2-403

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 4: 1994 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:
(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 appropriation;
(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.
Source notes for subsection (a): (Laws 1994, ch. 28, § 3a.)
(b) [Project - Casper Irrigation Project]
Source notes for subsection (b): (Laws 1994, ch. 28, § 3b;
Repealed by Laws 1995, ch. 206, § 11.)
(c) Project - Cokeville Water Supply Project:
(i) Project sponsor: Town of Cokeville;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Wells, pump stations,
transmission pipeline, storage facility and appurtenances
necessary to make the project 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 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 thirty-three
thousand two hundred dollars ($133,200.00) or eighteen percent
(18%) 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
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 four hundred ninety-five
thousand eight hundred dollars ($495,800.00) 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 six hundred
twenty-nine thousand dollars ($629,000.00) 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;
(viii) Special conditions: The sponsor is
responsible for acquiring fifteen percent (15%) of the total
project budget from other sources.
Source notes for subsection (c): (Laws 1994, ch. 28, § 3c.)
(d) Project - Collins Heights Water Supply Project:
(i) Project sponsor: Collins Heights Industrial Park
Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline and
appurtenances necessary to make the project 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 I through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project an amount not to exceed sixty-six thousand dollars
($66,000.00) or thirty-three percent (33%) 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 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 thirty-four thousand
dollars ($134,000.00) 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 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 I on July 1, 1996.
Source notes for subsection (d): (Laws 1994, ch. 28, § 3d.)
(e) Project - Cook Road Water Supply Project:
(i) Project sponsor: Cook Road Water District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station,
transmission pipeline, storage facility and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred
thousand dollars ($1,700,000.00);
(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 five hundred sixty-one thousand
dollars ($561,000.00) or thirty-three percent (33%) of the
actual development costs, whichever is less, for a term of
thirty-eight (38) years from the date the commission determines
project benefits accrue to the sponsor, at an annual 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 million one hundred
thirty-nine thousand dollars ($1,139,000.00) 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 million seven
hundred thousand dollars ($1,700,000.00) 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, 1998;
(viii) Special conditions:
(A) Thirty-three thousand eight hundred seventy
dollars ($33,870.00), which is thirty-three percent (33%) of the
construction costs of the groundwater well completed during the
Level II study, shall be added to the loan amount provided in
paragraph (v) of this subsection;
(B) Payment of interest and principal and
accrual of interest on the loan shall be deferred until three
(3) years after the term of the loan commences as determined by
the commission. The loan shall be amortized over the remaining
thirty-five (35) years of the term.
Source notes for subsection (e): (Laws 1994, ch. 28, § 3e;
1995, ch. 206, § 10.)
(f) Project - Etna Water Supply Project:
(i) Project sponsor: Etna Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station, spring
renovation, transmission pipelines and appurtenances necessary
to make the project function in the manner intended;
(iv) Total project budget: One million one hundred
fourteen thousand dollars ($1,114,000.00);
(v) Repealed By Laws 1998, ch. 38, § 6.
(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 six hundred ninety thousand
dollars ($690,000.00) 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 six hundred ninety
thousand dollars ($690,000.00) 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, 2002;
(viii) Special conditions:
(A) The sponsor shall purchase the well
completed during the Level II study for a price of sixteen
thousand five hundred dollars ($16,500.00) constituting thirty-
three percent (33%) of the actual construction costs. The
sponsor may purchase the well with a lump sum payment or with
amortized payments based on thirty-three percent (33%) of the
actual construction costs 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%).
In either event, a purchase agreement must be completed prior to
commencement of the project.
(B) The sponsor is responsible for acquiring
thirty-three percent (33%) or the balance of the total project
budget, whichever is greater, from other sources.
Source notes for subsection (f): (Laws 1994, ch. 28, § 3f; 1997,
ch. 45, § 10; 1998, ch. 38, § 6.)
(g) Project - Greybull Valley Dam and Reservoir Project:
(i) Project sponsor: Greybull Valley Irrigation
District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Diversion structure,
supply canal, dam and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Thirty-two million fifty-
seven thousand four hundred fifty-eight dollars
($32,057,458.00);
(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 eight million fourteen thousand
three hundred sixty-four dollars and fifty cents ($8,014,364.50)
or twenty-five percent (25%) of the actual design, permitting,
and land procurement costs, whichever is less, for a term of
fifty (50) years from the date the commission determines project
benefits accrue to the sponsor or that the project will not be
constructed, at an annual 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-four million forty-three
thousand ninety-three dollars and fifty cents ($24,043,093.50)
or seventy-five percent (75%) of the actual development costs,
whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission thirty-two million
fifty-seven thousand four hundred fifty-eight dollars
($32,057,458.00) 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, 2010;
(viii) Special condition: Payment of interest and
principal and accrual of interest on the loan shall be deferred
until six (6) years after the term of the loan commences as
determined by the commission. The loan shall be amortized over
the remaining forty-four (44) years.
Source notes for subsection (g): (Laws 1994, ch. 28, § 3g; 1996,
ch. 59, § 12; 2002, Ch. 88, § 2; 2005, ch. 147, § 2.)
(h) Project - Jackson Water Supply Project:
(i) Project sponsor: Town of Jackson;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Wells, pump stations,
transmission pipeline and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Two million three hundred
thousand dollars ($2,300,000.00);
(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 fifty-nine
thousand dollars ($759,000.00) or thirty-three percent (33%) 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 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 million five hundred
forty-one thousand dollars ($1,541,000.00) 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 two million three
hundred thousand dollars ($2,300,000.00) 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.
Source notes for subsection (h): (Laws 1994, ch. 28, § 3h.)
(j) Project - McKenney Water Supply Project:
(i) Project sponsor: McKenney Improvement and
Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: One hundred forty
thousand dollars ($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 forty-six thousand two hundred
dollars ($46,200.00) or thirty-three percent (33%) of the actual
development costs, whichever is less, for a term of twenty-one
(21) years from the date the commission determines project
benefits accrue to the sponsor, at an annual 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 ninety-three thousand eight
hundred dollars ($93,800.00) 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 one hundred forty
thousand dollars ($140,000.00) 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) Payment of interest and principal and accrual
of interest on the loan shall be deferred until one (1) year
after the term of the loan commences as determined by the
commission. The loan shall be amortized over the remaining
twenty (20) years of the term.
Source notes for subsection (j): (Laws 1994, ch. 28, § 3j.)
(k) Project - Means Water Supply Project:
(i) Project sponsor: Means Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station,
transmission pipeline, and storage facility and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred twenty-five
thousand dollars ($225,000.00);
(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 seventy-four thousand two
hundred fifty dollars ($74,250.00) or thirty-three percent (33%)
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
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 fifty thousand seven
hundred fifty dollars ($150,750.00) 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 two hundred
twenty-five thousand dollars ($225,000.00) 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.
Source notes for subsection (k): (Laws 1994, ch. 28, § 3k.)
(m) Project - Moorcroft Water Supply Project:
(i) Project sponsor: Town of Moorcroft;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Pump station,
transmission pipelines, storage facility and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred thirty
thousand dollars ($930,000.00);
(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 six thousand nine
hundred dollars ($306,900.00) or thirty-three percent (33%) 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 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 six hundred twenty-three
thousand one hundred dollars ($623,100.00) 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 nine hundred
thirty thousand dollars ($930,000.00) 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;
(viii) Special conditions: Twenty-four thousand
seven hundred fifty dollars ($24,750.00), which is thirty-three
percent (33%) of the construction costs of the groundwater well
completed during the Level II study, shall be added to the loan
amount provided in paragraph (v) of this subsection.
Source notes for subsection (m): (Laws 1994, ch. 28, § 3m.)
(n) Project - Pavillion Water Supply Project:
(i) Project sponsor: Town of Pavillion;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Well, pump station,
transmission pipelines, storage facility and appurtenances
necessary to make the project 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 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 thirty-two thousand
dollars ($132,000.00) or thirty-three percent (33%) 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 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 hundred sixty-eight thousand
dollars ($268,000.00) 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 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 I on July 1, 1997.
Source notes for subsection (n): (Laws 1994, ch. 28, § 3n.)
(o) Project - Vista West Water Supply Project:
(i) Project sponsor: Vista West Improvement and
Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Well, pump stations,
transmission pipeline, storage facility improvements and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Five hundred forty
thousand dollars ($540,000.00);
(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 one hundred seventy-eight
thousand two hundred dollars ($178,200.00) or thirty-three
percent (33%) of the actual development costs, whichever is
less, for a term of thirty-one (31) years from the date the
commission determines project benefits accrue to the sponsor, at
an annual 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 three hundred sixty-one thousand
eight hundred dollars ($361,800.00) 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 five hundred forty
thousand dollars ($540,000.00) 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;
(viii) Special conditions:
(A) Eight thousand five hundred eighty dollars
($8,580.00), which is thirty-three percent (33%) of the
construction costs of the groundwater well completed during the
Level II study, shall be added to the loan amount provided in
paragraph (v) of this subsection;
(B) Payment of interest and principal and
accrual of interest on the loan shall be deferred until one (1)
year after the term of the loan commences as determined by the
commission. The loan shall be amortized over the remaining
thirty (30) years of the term.
Source notes for subsection (o): (Laws 1994, ch. 28, § 3o.)
(p) Project - Pine Butte Water Supply Project:
(i) Project sponsor: Pine Butte Improvement and
Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: One hundred thousand
dollars ($100,000.00);
(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 thirty-three thousand dollars
($33,000.00) 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 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 sixty-seven thousand dollars
($67,000.00) 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
thousand dollars ($100,000.00) 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;
(viii) Special conditions: Project financing plan
shall be approved by district election prior to July 1, 1995.
Unexpended funds appropriated under this section shall revert to
water development account I on July 1, 1995, if voters in the
district reject the project financing plan.
Source notes for subsection (p): (Laws 1994, ch. 28, § 3p.)