§ 99-3-2205 — Level III construction projects – dams and reservoirs

Wyoming § 99-3-2205

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 3: AUTHORIZATION FOR WATER DEVELOPMENT CONSTRUCTION
• Art. 22: 2017 CONSTRUCTION PROJECTS

Text

(a) Authorization is granted for the Level III dams and
reservoirs construction projects identified in this section
subject to the general conditions specified in W.S. 99-3-106,
provided that the general condition related to repair and
maintenance sinking funds as described in W.S. 99-3-106(a)(iii)
shall not apply to these projects.
Source Notes for subsection (a): (Laws 2017, Ch. 75, § 1; 2019,
Ch. 55, § 2.)
(b) Project – Big Sandy Reservoir Enlargement:
(i) Project sponsor: Eden Valley Irrigation and
Drainage District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Modification and raising
of Big Sandy Dam to create a reservoir enlargement of
approximately thirteen thousand five hundred (13,500) acre feet
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Eight million four hundred
thousand dollars ($8,400,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed six million seven hundred twenty thousand dollars
($6,720,000.00) or eighty percent (80%) of the actual
development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to
the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed one million six hundred eighty thousand dollars
($1,680,000.00) or twenty percent (20%) of actual development
costs, whichever is less, for a term of fifty (50) years from
the date the commission determines that project benefits accrue
to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water
development account III to the commission eight million four
hundred thousand dollars ($8,400,000.00) 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 III on July 1, 2023;
(viii) Special conditions: The state of Wyoming
acting through the water development commission is hereby
authorized to contract with the United States Bureau of
Reclamation for the construction engineering and construction of
the project as provided in this subsection.
Source Notes for subsection (b): (Laws 2017, Ch. 75, § 1.)
(c) Project – Middle Piney Reservoir:
(i) Project sponsor: State of Wyoming;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Reconstruction of the
Middle Piney Dam to recover and make usable approximately three
thousand three hundred seventy (3,370) acre feet of the
reservoir water right with a priority date of 1919 and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Fourteen million two
hundred twenty-eight thousand dollars ($14,228,000.00);
(v) Appropriation: There is appropriated from water
development account III to the commission for project land
procurement, construction engineering and construction of the
project fourteen million two hundred twenty-eight thousand
dollars ($14,228,000.00) 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 III on July 1, 2027;
(vi) Special conditions:
(A) Prior to commencing construction, the state
of Wyoming acting through the water development commission shall
secure a special use permit from the United States –
Bridger-Teton National Forest to authorize construction of the
Middle Piney Dam;
(B) Prior to commencing construction, the state
of Wyoming acting through the water development commission shall
secure a special use permit or other agreement from the United
States – Bridger-Teton National Forest to authorize the
commission to operate the dam and manage the storage water once
construction is complete;
(C) The state of Wyoming acting through the
water development commission is hereby authorized to contract
with the United States – Bridger-Teton National Forest for the
construction engineering and construction of the project as
provided in this subsection;
(D) Upon approval by the commission, five
hundred thousand dollars ($500,000.00) from this appropriation
shall be deposited in the Middle Piney reservoir account created
by W.S. 99-99-1001(a)(x). Source Notes for subsection (c):
(Laws 2017, Ch. 75, § 1; 2019, Ch. 55, § 2; 2022, Ch. 93, § 2;
2024, Ch. 99, § 2; 2025, Ch. 111, § 2.)
(d) Project – Alkali Creek Reservoir:
(i) Project sponsor: Nowood River Watershed
Improvement District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Construction of a new dam
on Alkali Creek which will impound approximately eight thousand
(8,000) acre feet, to include water supply facilities and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Fifty-nine million dollars
($59,000,000.00);
(v) Project Grant: The state of Wyoming shall grant
to the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed fifty-six million nine hundred thousand dollars
($56,900,000.00) or ninety-six and four tenths percent (96.4%)
of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to
the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed two million one hundred thousand dollars ($2,100,000.00)
or three and six tenths percent (3.6%) of actual development
costs, whichever is less, for a term of fifty (50) years from
the date the commission determines that project benefits accrue
to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water
development account III to the commission fifty-nine million
dollars ($59,000,000.00) 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 III on July 1, 2026. Source Notes for
subsection (d): (Laws 2017, Ch. 75, § 1; 2020, Ch. 113, § 2;
2025, Ch. 111, § 2.)
(e) Project – Leavitt Reservoir Expansion:
(i) Project sponsor: Shell Valley Watershed
Improvement District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Construction of a new
off-channel dam which will impound approximately six thousand
six hundred (6,600) acre feet, to include water supply
facilities and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: Eighty-eight million eight
hundred fifty thousand dollars ($88,850,000.00);
(v) Project Grant: The state of Wyoming shall grant
to the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed eighty-seven million one hundred thirty-four thousand
dollars ($87,134,000.00) or ninety-eight and seven hundredths
percent (98.07%) of the actual development costs, whichever is
less;
(vi) Project loan: The state of Wyoming shall loan to
the sponsor from water development account III through the
commission for project land procurement, construction
engineering and construction of the project an amount not to
exceed one million seven hundred sixteen thousand dollars
($1,716,000.00) or one and ninety-three hundredths percent
(1.93%) of actual development costs, whichever is less, for a
term of fifty (50) years from the date the commission determines
that project benefits accrue to the sponsor, at an annual
interest rate of four percent (4%);
(vii) Appropriation and authorization: There is
appropriated from water development account III to the
commission fifty-six million eight hundred fifty thousand
dollars ($56,850,000.00) 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 III on July 1, 2028. There is authorized for
expenditure by the commission from the sponsor's contingency
fund – account III, created by W.S. 99-3-2505(a), thirty-two
million dollars ($32,000,000.00) to carry out the purpose of
this subsection.
Source Notes for subsection (e): (Laws 2024, Ch. 99, § 2.)