§ 99-3-1904 — Level III construction projects – rehabilitation

Wyoming § 99-3-1904

• 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
rehabilitation construction projects identified in this section,
subject to the general conditions specified in W.S. 99-3-104.
Source notes for subsection (a): (Laws 2014, Ch. 100, § 1.)
(b) Project – Central Wyoming Elevated Tank:
(i) Project sponsor: Central Wyoming Regional Water
System;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction of
an elevated water storage tank, pipelines and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Two million four hundred
sixty thousand dollars ($2,460,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement and project land
procurement of the project one million six hundred forty-eight
thousand two hundred dollars ($1,648,200.00) or sixty-seven
percent (67%) of the actual development costs, whichever is
less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one million six hundred
forty-eight thousand two hundred dollars ($1,648,200.00) 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 II on July 1, 2019;
(vii) Special conditions: The sponsor is responsible
for acquiring thirty-three percent (33%) of the project budget
from other sources.
Source notes for subsection (b): (Laws 2014, Ch. 100, § 1.)
(c) Project – Lakeview Irrigation District Rehabilitation
2014:
(i) Project sponsor: Lakeview Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction of
a water siphon structure and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Two hundred thirty-one
thousand dollars ($231,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II 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-four thousand
seven hundred seventy dollars ($154,770.00) or sixty-seven
percent (67%) of the actual development costs, whichever is
less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one hundred fifty-four
thousand seven hundred seventy dollars ($154,770.00) 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 II 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 (c): (Laws 2014, Ch. 100, § 1.)
(d) Project – Lovell Canal Rehabilitation 2014:
(i) Project sponsor: Lovell Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction
of water lateral improvements and appurtenances necessary to
make the project function in the manner intended;
(iv) Total project budget: One million one hundred
fifty-six thousand dollars ($1,156,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the purchase of project materials as supported by
vendor invoices and approved by the commission an amount not to
exceed eight hundred eighty-nine thousand dollars ($889,000.00)
or one hundred percent (100%) of the approved materials costs,
whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission eight hundred eighty-
nine thousand dollars ($889,000.00) 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 II on July 1, 2019;
(vii) Special conditions:
(A) The sponsor is responsible for all project
costs with the exception of the purchase of project materials as
supported by vendor invoices and approved by the commission;
(B) The sponsor is responsible for retaining
professional engineering services to design the project, compile
materials and bidding documents and monitor construction
activities including the installation of project components and
the tracking of project expenditures.
Source notes for subsection (d): (Laws 2014, Ch. 100, § 1.)
(e) Project – Medicine Bow Transmission Pipeline:
(i) Project sponsor: Town of Medicine Bow;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction of
a water transmission pipeline and appurtenances necessary to
make the project function in the manner intended;
(iv) Total project budget: Three million fifty
thousand dollars ($3,050,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project one million fifty-two thousand dollars ($1,052,000.00)
or sixty-seven percent (67%) of the actual and eligible
development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one million fifty-two
thousand dollars ($1,052,000.00) 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 II on July 1, 2019;
(vii) Special conditions: The sponsor is responsible
for acquiring thirty-three percent (33%) of the eligible project
budget and one hundred percent (100%) of noneligible project
budget from other sources.
Source notes for subsection (e): (Laws 2014, Ch. 100, § 1.)
(f) Project – Piney & Cruse Canal Piping:
(i) Project sponsor: Piney & Cruse Creek Ditch
Company Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction of
water canal improvements and appurtenances necessary to make the
project function in the manner intended;
(iv) Total project budget: Eight hundred fifty-five
thousand dollars ($855,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II 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 seventy-two
thousand eight hundred fifty dollars ($572,850.00) 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 II 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 eighty-two thousand
one hundred fifty dollars ($282,150.00) or thirty-three percent
(33%) of 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 II to the commission eight hundred fifty-
five thousand dollars ($855,000.00) 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 II on July 1, 2022.
Source notes for subsection (f): (Laws 2014, Ch. 100, § 1; 2019,
Ch. 55, § 2.)
(g) Project – Riverton Valley Rehabilitation 2014:
(i) Project sponsor: Riverton Valley Irrigation
District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction
of water lateral improvements and appurtenances necessary to
make the project function in the manner intended;
(iv) Total project budget: Two hundred four thousand
dollars ($204,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project one hundred thirty-six thousand six hundred eighty
dollars ($136,680.00) or sixty-seven percent (67%) of the actual
development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one hundred thirty-six
thousand six hundred eighty dollars ($136,680.00) 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 II 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 (g): (Laws 2014, Ch. 100, § 1.)
(h) Project – Rock River Transmission Line Replacement:
(i) Project sponsor: Town of Rock River;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Design and construction
of a transmission line, river intake structure and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred
thirty thousand dollars ($1,730,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project one million one hundred fifty-nine thousand one hundred
dollars ($1,159,100.00) or sixty-seven percent (67%) of the
actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one million one hundred
fifty-nine thousand one hundred dollars ($1,159,100.00) 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 II on July 1, 2019;
(vii) Special conditions: The sponsor is responsible
for acquiring thirty-three percent (33%) of the eligible project
budget from other sources.
Source notes for subsection (h): (Laws 2014, Ch. 100, § 1.)
(j) Project – State Line Canal Diversion:
(i) Project sponsor: Savery-Little Snake River Water
Conservancy District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction
of canal diversion improvements and appurtenances necessary to
make the project function in the manner intended;
(iv) Total project budget: Seven hundred fifty
thousand dollars ($750,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the design, permit procurement, project land
procurement, construction engineering and construction of the
project five hundred two thousand five hundred dollars
($502,500.00) 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 II 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 forty-seven thousand
five hundred dollars ($247,500.00) 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%);
(vii) Appropriation: There is appropriated from water
development account II to the commission seven hundred fifty
thousand dollars ($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 II on July 1, 2019.
Source notes for subsection (j): (Laws 2014, Ch. 100, § 1.)
(k) Project – Sidon Irrigation District Rehabilitation
2014:
(i) Project sponsor: Sidon Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction
of water lateral improvements and appurtenances necessary to
make the project function in the manner intended;
(iv) Total project budget: Two hundred four thousand
dollars ($204,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the purchase of project materials as supported by
vendor invoices and approved by the commission an amount not to
exceed one hundred nine thousand dollars ($109,000.00) or one
hundred percent (100%) of the approved materials costs,
whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one hundred nine
thousand dollars ($109,000.00) 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 II on July 1, 2019;
(vii) Special conditions:
(A) The sponsor is responsible for all project
costs with the exception of the purchase of project materials as
supported by vendor invoices and approved by the commission;
(B) The sponsor is responsible for retaining
professional engineering services to design the project, compile
materials and bidding documents and monitor construction
activities including the installation of project components and
the tracking of project expenditures.
Source notes for subsection (k): (Laws 2014, Ch. 100, § 1.)
(m) Project - Small Water Development Projects - 2014:
(i) Project sponsors: Eligible public entities;
(ii) Project purpose: Multi-purpose - agriculture,
recreation and environmental;
(iii) Project description: Rehabilitation and
replacement of small dams, windmills, spring rehabilitation,
pipeline rehabilitation, etc., to impound, develop and convey
water for livestock, wildlife, environmental and recreational
purposes;
(iv) Total project budget: Seven million three
thousand five hundred ninety dollars ($7,003,590.00);
(v) Project grant: The state of Wyoming shall grant
to sponsors from water development account II 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 five hundred one
thousand seven hundred ninety-five dollars ($3,501,795.00) or
fifty percent (50%) of the actual development costs, whichever
is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission three million five
hundred one thousand seven hundred ninety-five dollars
($3,501,795.00) 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 II;
(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).
(ix) Repealed by Laws 2024, ch. 99, § 3.
(n) Project – Willwood Irrigation District Rehabilitation
2014:
(i) Project sponsor: Willwood Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction
of water lateral gate improvements and appurtenances necessary
to make the project function in the manner intended;
(iv) Total project budget: Two hundred nineteen
thousand dollars ($219,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account II through the
commission for the purchase of project materials as supported by
vendor invoices and approved by the commission an amount not to
exceed one hundred sixty-four thousand dollars ($164,000.00) or
one hundred percent (100%) of the approved materials costs,
whichever is less;
(vi) Appropriation: There is appropriated from water
development account II to the commission one hundred sixty-four
thousand dollars ($164,000.00) 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 II on July 1, 2019;
(vii) Special conditions:
(A) The sponsor is responsible for all project
costs with the exception of the purchase of project materials as
supported by vendor invoices and approved by the commission;
(B) The sponsor is responsible for retaining
professional engineering services to design the project, compile
materials and bidding documents and monitor construction
activities including the installation of project components and
the tracking of project expenditures.
Source notes for subsection (n): (Laws 2014, Ch. 100, § 1.)