§ 99-2-703 — Level III construction projects-new development

Wyoming § 99-2-703

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 2: WATER DEVELOPMENT PROJECTS 1991 THROUGH 1997
• Art. 7: 1997 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) A sponsor 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 sponsor;
(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 1997, ch. 45, § 3a.)
(b) Project - American Road Water Supply Project:
(i) Project sponsor: American Road Water and Sewer
District;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: A Fort Union production
well, pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Two hundred fifty
thousand dollars ($250,000.00);
(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 thousand dollars
($100,000.00) or forty percent (40%) 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 seven and one-quarter percent
(7.25%);
(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
dollars ($150,000.00) or sixty percent (60%) of the actual
development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission two hundred fifty
thousand dollars ($250,000.00) 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 (b): (Laws 1997, ch. 45, § 3b.)
(c) Project - Burlington Water Supply Project:
(i) Project sponsor: Town of Burlington;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Well head protection
program, pump installation for existing wells, pipelines,
valves and appurtenances necessary to make the project function
in the manner intended;
(iv) Total project budget: Six Hundred thousand
dollars ($600,000.00);
(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 sixty thousand
dollars ($360,000.00) or sixty percent (60%) of the actual
development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account I to the commission three hundred sixty
thousand dollars ($360,000.00) 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;
(vii) Special condition: The sponsor is responsible
for acquiring forty percent (40%) of the total project budget
from other sources.
Source notes for subsection (c): (Laws 1997, ch. 45, § 3c.)
(d) Project - Carpenter Water Supply Project:
(i) Project sponsor: Carpenter Water and Sewer
District;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Wells, transmission
pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Eight hundred sixty
thousand dollars ($860,000.00), of which, five hundred thirty
eight thousand dollars ($538,000.00) is for expenses associated
with eligible commission components;
(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 sixty thousand
($360,000.00) or sixty-seven percent (67%) of the actual
development costs for commission eligible components, whichever
is less;
(vi) Appropriation: There is appropriated from water
development account I to the commission three hundred sixty
thousand dollars ($360,000.00) 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;
(vii) Special condition: The sponsor is responsible
for acquiring fifty-eight percent (58%) of the total project
budget from other sources.
Source notes for subsection (d): (Laws 1997, ch. 45, § 3d.)
(e) Project - Osage Water Supply Project:
(i) Project sponsor: Osage Water District;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Valves, transmission
pipelines and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: One million nine hundred
seventy-two thousand dollars ($1,972,000.00), of which one
million five hundred thousand dollars ($1,500,000.00) is for
expenses associated with eligible commission components;
(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 ($200,000.00) or ten
percent (10%) of the actual total project 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 million five thousand
dollars ($1,005,000.00) or fifty-one percent (51%) of the actual
total project development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission one million two
hundred five thousand dollars ($1,205,000.00) 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;
(viii) Special conditions:
(A) The sponsor shall purchase the well
completed during the Level II study for a price of eighteen
thousand eight hundred one dollars and forty-six cents
($18,801.46). 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, a Level II well purchase agreement must be
completed prior to commencement of the project;
(B) The sponsor is responsible for acquiring
thirty-nine percent (39%) of the total project budget from other
sources.
Source notes for subsection (e): (Laws 1997, ch. 45, § 3e.)