§ 99-2-603 — Level III construction projects-new development

Wyoming § 99-2-603

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 6: 1996 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 1996, ch. 59, § 3a.)
(b) Project - Cody Area Water Supply Project:
(i) Project sponsor: City of Cody;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Pipelines and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Seven hundred eighty-five
thousand dollars ($785,000.00);
(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 fifty-nine thousand
fifty dollars ($259,050.00) 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 five hundred twenty-five
thousand nine hundred fifty dollars ($525,950.00) 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
eighty-five thousand dollars ($785,000.00) 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 (b): (Laws 1996, ch. 59, § 3b.)
(c) Project - Elk Mountain Water Supply Project:
(i) Project sponsor: Town of Elk Mountain;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Well, pipelines, valves
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Three hundred thirty-five
thousand dollars ($335,000);
(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 ten thousand five
hundred fifty dollars ($110,550.00) 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 hundred twenty-four thousand
four hundred fifty dollars ($224,450.00) 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 hundred
thirty-five thousand dollars ($335,000.00) 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;
(viii) Special condition: The sponsor shall purchase
the well completed during the Level II study for a price of
sixty-six thousand dollars ($66,000.00) 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 twenty (20) 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 1996, ch. 59, § 3c.)
(d) Project - Guernsey Water Supply Project:
(i) Project sponsor: Town of Guernsey;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Well, transmission
pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Five hundred fifty
thousand dollars ($550,000.00);
(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 eighty-one thousand
five hundred dollars ($181,500.00) 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 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-eight
thousand five hundred dollars ($368,500.00) 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 five hundred fifty
thousand dollars ($550,000.00) 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 (d): (Laws 1996, ch. 59, § 3d.)
(e) Project - Lusk Water Supply Project:
(i) Project sponsor: Town of Lusk;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Pumps, valves,
transmission pipelines, storage facilities and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Two million one hundred
thousand dollars ($2,100,000.00);
(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 one hundred sixty eight thousand
nine hundred eighty dollars ($168,980.00) or thirty-three
percent (33%) of the actual development costs of components
eligible for commission funding, 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 five hundred forty thousand
twenty dollars ($540,020.00) or sixty-seven percent (67%) of the
actual development costs of components eligible for commission
funding, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission seven hundred nine
thousand dollars ($709,000.00) 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;
(viii) Special conditions:
(A) The sponsor shall purchase the well
completed during the Level II study for a price of thirty
thousand dollars ($30,000.00) 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
twenty (20) 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;
(B) The sponsor is responsible for acquiring the
additional funds from other sources.
Source notes for subsection (e): (Laws 1996, ch. 59, § 3e; 1997,
ch. 45, § 11.)
(f) Project - Pinedale Water Supply Project:
(i) Project sponsor: Town of Pinedale;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Transmission pipelines
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Three million five
hundred fifty thousand dollars ($3,550,000.00);
(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 one hundred
seventy-one thousand five hundred dollars ($1,171,500.00) 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, unless the sponsor commits to install water meters in
which case the term of the loan shall be thirty (30) years, 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 three hundred
seventy-eight thousand five hundred dollars ($2,378,500.00) 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 three million five
hundred fifty thousand dollars ($3,550,000.00) 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 1996, ch. 59, § 3f.)
(g) Project - Riverton Water Supply Project:
(i) Project sponsor: City of Riverton;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Well, transmission
pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Four hundred sixty-six
thousand dollars ($466,000.00);
(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 three hundred twelve thousand
dollars ($312,000.00) 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 three hundred twelve
thousand dollars ($312,000.00) 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, 2001;
(vii) Special condition: The sponsor is responsible
for acquiring thirty-three percent (33%) of the total project
budget from other sources.
Source notes for subsection (g): (Laws 1996, ch. 59, § 3g; 1999,
ch. 16, § 3.)
(h) Project - Rolling Hills Water Supply Project:
(i) Project sponsor: Town of Rolling Hills;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Pump, transmission
pipelines, gas strippers and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Two hundred eighty-two
thousand dollars ($282,000.00);
(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 ninety-three thousand sixty
dollars ($93,060.00) 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 one hundred eighty-eight
thousand nine hundred forty dollars ($188,940.00) 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
eighty-two thousand dollars ($282,000.00) 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;
(viii) Special condition: The sponsor shall purchase
the well completed during the Level II study for a price of
twenty-six thousand four hundred dollars ($26,400.00) 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 twenty (20) 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 (h): (Laws 1996, ch. 59, § 3h; 1997,
ch. 45, § 12.)
(j) Project - Upper Little Warm Springs Water Supply
Project:
(i) Project sponsor: Little Warm Springs Water
District;
(ii) Project purpose: Domestic water supply within
the district boundaries;
(iii) Project description: Wells, storage
facilities, pipelines and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: One million six hundred
thousand dollars ($1,600,000.00);
(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 twenty-eight
thousand dollars ($528,000.00) 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 one million seventy-two thousand
dollars ($1,072,000.00) 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 six
hundred thousand dollars ($1,600,000.00) 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 I on July 1, 1999;
(viii) Special conditions:
(A) The sponsor shall purchase the well
completed during the Level II study for a price of fifty-five
thousand dollars ($55,000.00) 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
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, the purchase
agreement must be completed prior to commencement of the
project;
(B) Payment of interest and principal and
accrual of interest on the loan shall be deferred until two (2)
years after the term of the loan commences as determined by the
commission. The loan shall be amortized over the remaining
twenty-eight (28) years of the term.
Source notes for subsection (j): (Laws 1996, ch. 59, § 3j.)