§ 99-3-1903 — Level III construction projects – new development

Wyoming § 99-3-1903

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 3: AUTHORIZATION FOR WATER DEVELOPMENT CONSTRUCTION
• Art. 19: 2014 CONSTRUCTION PROJECTS

Text

(a) Authorization is granted for the Level III new
development construction projects identified in this section
subject to the general conditions specified in W.S. 99-3-103.
Source notes for subsection (a): (Laws 2014, Ch. 100, § 1.)
(b) Project – Antelope Valley Regional Connection:
(i) Project sponsor: Antelope Valley Improvement and
Service District;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a connection to the regional water system and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred thousand
dollars ($300,000.00);
(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 two hundred one thousand dollars
($201,000.00) 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 two hundred one thousand
dollars ($201,000.00) 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, 2019;
(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 (b): (Laws 2014, Ch. 100, § 1.)
(c) Project – Casper Zone 3 Improvements:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a transmission pipeline, pumping facilities, storage tank and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Five million five hundred
thousand dollars ($5,500,000.00);
(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 million six hundred
eighty-five thousand dollars ($3,685,000.00) 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 million six
hundred eighty-five thousand dollars ($3,685,000.00) 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, 2020;
(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 (c): (Laws 2014, Ch. 100, § 1; 2019, Ch. 55, § 2.)
(d) Project – Cheyenne Southern Pipeline-Phase III:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a transmission pipeline and appurtenances necessary to make
the project function in the manner intended;
(iv) Total project budget: Sixteen million dollars
($16,000,000.00);
(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 ten million seven hundred twenty
thousand dollars ($10,720,000.00) 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 ten million seven
hundred twenty thousand dollars ($10,720,000.00) 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, 2019;
(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 (d):
(Laws 2014, Ch. 100, § 1; 2016, Ch. 55, § 2.)
(e) Project – Eastern Shoshone Boulder Flats Well Field:
(i) Project sponsor: Eastern Shoshone Tribe;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a well field, pumping facilities, pipeline and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred
thousand dollars ($1,200,000.00);
(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 eight hundred four thousand
dollars ($804,000.00) 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 eight hundred four
thousand dollars ($804,000.00) 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, 2019;
(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 drilled
during the level II study for a price not to exceed thirty-three
percent (33%) of the well's actual construction costs.
Source notes for subsection (e): (Laws 2014, Ch. 100, § 1.)
(f) Project – Glenrock Transmission Pipeline:
(i) Project sponsor: Town of Glenrock;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a transmission pipeline and appurtenances necessary to make
the project function in the manner intended;
(iv) Total project budget: Five hundred seventy
thousand dollars ($570,000.00);
(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 eighty-one
thousand nine hundred dollars ($381,900.00) 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 eighty-one
thousand nine hundred dollars ($381,900.00) 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, 2019;
(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 (f): (Laws 2014, Ch. 100, § 1.)
(g) Project – Laramie North Side Tank:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction of
pumping facilities, pipelines, storage tank and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Twelve million one hundred
thousand dollars ($12,100,000.00);
(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 eight million one hundred seven
thousand dollars ($8,107,000.00) or sixty-seven percent (67%) of
the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement and project land
procurement of the project an amount not to exceed three hundred
ninety-six thousand dollars ($396,000.00) 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%);
(vii) Appropriation: There is appropriated from water
development account I to the commission eight million five
hundred three thousand dollars ($8,503,000.00) 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, 2025.
(viii) Special conditions: The sponsor is responsible
for acquiring an additional three million five hundred
ninety-seven thousand dollars ($3,597,000.00) from other sources
to supplement the sponsor's existing commission loan thereby
providing thirty-three percent (33%) of the total project
budget. Source notes for subsection (g): (Laws 2014, Ch. 100, §
1; 2017, Ch. 75, § 2; 2020, Ch. 113, § 2; 2022, Ch. 93, § 2;
2024, Ch. 99, § 2.)
(h) Project – Manville Well Connection:
(i) Project sponsor: Town of Manville;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a well connection, pumping facilities, pipeline and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Four hundred ninety
thousand dollars ($490,000.00);
(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 twenty-eight
thousand three hundred dollars ($328,300.00) or sixty-seven
percent (67%) of the actual development costs, whichever is
less;
(vi) 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-one thousand
seven hundred dollars ($161,700.00) 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%);
(vii) Appropriation: There is appropriated from water
development account I to the commission four hundred ninety
thousand dollars ($490,000.00) 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, 2018;
(viii) Special conditions:
(A) The sponsor shall purchase the well drilled
during the level II study for a price not to exceed thirty-three
percent (33%) of the well's actual construction costs. The
sponsor may purchase the well with a lump sum payment or with
amortized payments for a term of thirty (30) years from the date
the commission determines project benefits accrue to the sponsor
at an interest rate of four percent (4%).
Source notes for subsection (h): (Laws 2014, Ch. 100, § 1.)
(j) Project – Pine Bluffs North Well Field:
(i) Project sponsor: Town of Pine Bluffs;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Purchase of water rights,
design and construction of new wells, rehabilitation of existing
wells, pumping facilities, 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 grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for the purchase of water rights, design, permit
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;
(vi) 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
thirty (30) years from the date the commission determines
project benefits accrue to the sponsor, at an annual rate of
four percent (4%);
(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, 2019;
(viii) Special conditions:
(A) The costs for the purchase of land and
existing infrastructure, and to effect a water rights transfer
before the Wyoming board of control are not part of the total
project budget. The sponsor shall acquire funding for such costs
from other sources.
Source notes for subsection (j): (Laws 2014, Ch. 100, § 1.)
(k) Project - Small Water Development Projects - 2014:
(i) Project sponsors: Eligible public entities;
(ii) Project purpose: Multi-purpose - agriculture,
recreation and environmental;
(iii) Project description: Construction of small
dams, windmills, spring development, guzzlers and other water
collection, storage and drinking systems, pipelines, etc., to
impound, develop and convey water for livestock, wildlife,
irrigation, environmental and recreational purposes;
(iv) Total project budget: Twenty million three
hundred twenty-six thousand dollars ($20,326,000.00);
(v) Project grant: The state of Wyoming shall grant
to sponsors 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 ten million one hundred sixty-
three thousand dollars ($10,163,000.00) or fifty percent (50%)
of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account I to the commission ten million one hundred
sixty-three thousand dollars ($10,163,000.00) or as much thereof
as is necessary to carry out the purpose of this subsection. The
funds appropriated shall not lapse at the end of any fiscal
period but shall carry over until expended or reverted by the
legislature to water development account I;
(vii) Definition: "Small project" means a project
where the maximum financial contribution from the commission is
thirty-five thousand dollars ($35,000.00) or less;
(viii) Special conditions:
(A) The commission shall establish eligibility
criteria and administration procedures for development of small
projects;
(B) The commission may grant a sponsor fifty
percent (50%) of the construction cost of a project with a
maximum grant awarded limited to thirty-five thousand dollars
($35,000.00);
(C) The project sponsors shall substantiate the
public benefit that will be derived from proposed projects;
(D) The commission may make monthly progress
payments for no more than fifty percent (50%) of eligible
monthly project expenses;
(E) An appropriate land management or resource
management entity shall certify that the proposed project will
meet expectations and that appropriate engineering standards, as
approved by the commission, will be adhered to;
(F) The establishment of criteria and
administrative procedures for the development of small projects
under this subsection and decisions of the commission relating
to the recommendations, prioritization or disqualification of
small projects are specifically exempt from the provisions of
the Wyoming Administrative Procedure Act including judicial
review under W.S. 16-3-114 and 16-3-115;
(G) W.S. 16-6-116 shall not apply to a small
project unless the project sponsor determines the small project
meets the definition of a "public work" as defined in W.S. 16-6-
101(a)(ix);
(H) Five hundred thousand dollars ($500,000.00)
of the appropriation of funds for this project under paragraph
(vi) of this subsection is contingent upon the transfer of funds
to water development account I as described in section 5 of this
act or transfer from another funding source.
(ix) Repealed by Laws 2024, ch. 99, § 3. Source
notes for subsection (k): (Laws 2024, Ch. 99, § 2.)
(m) Project – Weather Modification Wind River Mountains:
(i) Project sponsor: The state of Wyoming;
(ii) Project purpose: To enhance the winter snowpack
in the Wind River Mountain Range;
(iii) Project description: Conduct an operational
winter snowpack augmentation program during the 2014-2015 fall,
winter and spring seasons;
(iv) Total project budget: Nine hundred thirty
thousand dollars ($930,000.00);
(v) Appropriation: There is appropriated from water
development account I to the Wyoming water development office
two hundred forty thousand dollars ($240,000.00) 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, 2015;
(vi) Special conditions:
(A) The Wyoming water development office shall
manage and provide oversight of the program. Ten thousand
dollars ($10,000.00) of the total appropriation is allocated for
this purpose;
(B) The project operations budget shall not
exceed nine hundred twenty thousand dollars ($920,000.00) of
which the state of Wyoming shall participate at a rate of
twenty-five percent (25%) of actual costs;
(C) Prior to commencing with project operations,
the Wyoming water development office shall acquire funding
commitments from other Colorado river basin water users for
seventy-five percent (75%) of project operations costs.
Source notes for subsection (m): (Laws 2014, Ch. 100, § 1.)