§ 99-2-503 — Level III construction projects-new development

Wyoming § 99-2-503

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 5: 1995 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 1995, ch. 206, § 3a.)
(b) Project - Alpine Water Supply Project:
(i) Project sponsor: Town of Alpine;
(ii) Project purpose: Municipal and domestic supply;
(iii) Project description: Storage facilities,
pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Seven hundred thousand
dollars ($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 two hundred thirty-one thousand
dollars ($231,000.00) 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 four hundred sixty-nine thousand
dollars ($469,000.00) 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 seven hundred
thousand dollars ($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.
Source notes for subsection (b): (Laws 1995, ch. 206, § 3b.)
(c) Project - Basin Area Water Supply Project:
(i) Project sponsor: South Bighorn County Joint
Powers Board;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Wells, pipelines, valves
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Nine million two hundred
ninety-nine thousand dollars ($9,299,000.00);
(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 six million two hundred thirty
thousand dollars ($6,230,000.00) 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 six million two hundred
thirty thousand dollars ($6,230,000.00) 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;
(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 shall purchase the well
completed during the Level II study for a price of one hundred
twelve thousand two hundred dollars ($112,200.00) or
thirty-three percent (33%) of the actual construction costs,
whichever is less. The sponsor may purchase the well with a
lump sum payment or with amortized payments based on the actual
construction costs 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%). In
either event, the purchase agreement must be completed prior to
commencement of the project.
Source notes for subsection (c): (Laws 1995, ch. 206, § 3c;
1996, ch. 59, § 13; 1998, ch. 38, § 7.)
(d) Project - Big Piney Water Supply Project:
(i) Project sponsor: Town of Big Piney;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Transmission pipelines,
wells, controls, storage facility to serve the towns of Big
Piney and Marbleton, and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: One million dollars
($1,000,000.00);
(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 thirty thousand
dollars ($330,000.00) 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 seventy thousand
dollars ($670,000.00) 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
dollars ($1,000,000.00) 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, 2000.
Source notes for subsection (d): (Laws 1995, ch. 206, § 3d;
1996, ch. 59, § 14.)
(e) Project - Gillette Madison Well Field Expansion
Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Wells, pipelines and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Two million four hundred
seventy-five thousand dollars ($2,475,000.00);
(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 one million six hundred
fifty-eight thousand two hundred fifty dollars ($1,658,250.00)
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 one million six hundred
fifty-eight thousand two hundred fifty dollars ($1,658,250.00)
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, 1999;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring
thirty-three percent (33%) of the total project budget from
other sources;
(B) Prior to entering into the contract
authorized by section 2(a) of this act, the commission shall
hold at least one (1) public hearing within the town of
Moorcroft, Wyoming, for the purpose of explaining the proposed
project including the proposal to expand the Madison well field.
Source notes for subsection (e): (Laws 1995, ch. 206, § 3e;
1996, ch. 59, § 15.)
(f) Project - Laramie Water Supply Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Wells, pipelines and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Four million four hundred
thousand dollars ($4,400,000.00);
(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 million four hundred
fifty-two thousand dollars ($1,452,000.00) 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 two million nine hundred
forty-eight thousand dollars ($2,948,000.00) 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 million four
hundred thousand dollars ($4,400,000.00) 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, 1999.
Source notes for subsection (f): (Laws 1995, ch. 206, § 3f;
1996, ch. 59, § 16.)
(g) Project - Natrona County Regional Water Supply
Project:
(i) Project sponsor: Natrona County Regional Water
System Joint Powers Board;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Storage facilities, pump
stations, pipelines and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Twenty-six million seven
hundred fifty thousand dollars ($26,750,000.00);
(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 eight million eight hundred
twenty-seven thousand five hundred dollars ($8,827,500.00) 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 seventeen million nine hundred
twenty-two thousand five hundred dollars ($17,922,500.00) 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 twenty-six million
seven hundred fifty thousand dollars ($26,750,000.00) 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.
Source notes for subsection (g): (Laws 1995, ch. 206, § 3g;
1996, ch. 59, § 17; 1998, ch. 38, § 8.)
(h) Project - Poison Spider Water Supply Project:
(i) Project sponsor: Poison Spider Service and
Improvement District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pipeline and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Six hundred forty
thousand dollars ($640,000.00);
(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 two hundred eleven thousand two
hundred dollars ($211,200.00) or thirty-three percent (33%) 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 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 twenty-eight
thousand eight hundred dollars ($428,800.00) 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 forty
thousand dollars ($640,000.00) 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.
Source notes for subsection (h): (Laws 1995, ch. 206, § 3h.)
(j) Project - Ryan Park Water Supply Project:
(i) Project sponsor: Northwest Ryan Park Water and
Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Wells, pump stations,
transmission pipelines and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: One million dollars
($1,000,000.00). Phase I budget: Two hundred thousand dollars
($200,000.00);
(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 one hundred thirty-four thousand
dollars ($134,000.00) 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 one hundred thirty-four
thousand dollars ($134,000.00) 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;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring
thirty-three percent (33%) of the total project budget and Phase
I budget from other sources;
(B) The sponsor shall purchase the well
completed during the Level II study for a price of fifty-two
thousand three hundred forty dollars ($52,340.00) or
thirty-three percent (33%) of the actual construction costs,
whichever is less. The sponsor may purchase the well with a
lump sum payment or with amortized payments based on the actual
construction costs 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%). In
either event, the purchase agreement must be completed prior to
commencement of the project.
Source notes for subsection (j): (Laws 1995, ch. 206, § 3j.)
(k) Project-Squaw Creek Water Supply Project:
(i) Project sponsor: Squaw Creek Water District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Wells, storage
facilities, transmission pipelines and appurtenances necessary
to make the project function in the manner intended;
(iv) Total project budget: Five hundred eighty
thousand dollars ($580,000.00);
(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 ninety-one thousand
four hundred dollars ($191,400.00) 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 three hundred eighty-eight
thousand six hundred dollars ($388,600.00) 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
eighty thousand dollars ($580,000.00) 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. (Laws 1995, ch.
206, § 3k.)