This text of Wyoming § 99-3-2305 (Level III construction projects – dams and
reservoirs) is published on Counsel Stack Legal Research, covering Wyoming primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(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 2018, Ch. 121, § 1;
2019, Ch. 55, § 2.)
(b)Project – West Fork Reservoir:
(i)Project sponsor: Savery-Little Snake Water
Conservancy District;
(ii)Project purpose: Agricultural water supply;
(iii)Project description: Construction of a new dam
on the West Fork Battle Creek to create a reservoir impoundment
of approximately ten thousand acre-feet (10,000 AF) and
appurtenances necessary to make the project function in the
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(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 2018, Ch. 121, § 1;
2019, Ch. 55, § 2.)
(b) Project – West Fork Reservoir:
(i) Project sponsor: Savery-Little Snake Water
Conservancy District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Construction of a new dam
on the West Fork Battle Creek to create a reservoir impoundment
of approximately ten thousand acre-feet (10,000 AF) and
appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Seventy-three million
dollars ($73,000,000.00);
(v) Project grant: The state of Wyoming shall grant
to the sponsor from water development account III through the
commission an amount not to exceed four million six hundred
ninety-eight thousand dollars ($4,698,000.00) to identify,
investigate and acquire suitable lands for the purpose of an
exchange of lands with the federal government. Funds granted
under this section may be expended:
(A) For environmental and cultural
investigations, title review for both surface and subsurface
ownership, access and easement agreements, appraisals, purchase
options and land procurements;
(B) To perfect agreements or other instruments
for the financial participation of project beneficiaries in the
state of Colorado on a pro rata basis.
(vi) Appropriation: There is appropriated from water
development account III to the commission four million six
hundred ninety-eight thousand dollars ($4,698,000.00) or as much
thereof as is necessary to carry out the purpose of this
subsection. This appropriation is a partial appropriation of the
total seventy-three million dollars ($73,000,000.00) required
for the project. Additional appropriations and funding sources
shall be identified to provide full funding for the project
before any bids are let for construction. Unexpended funds
appropriated under this subsection shall revert to water
development account III on July 1, 2026;
(vii) Special conditions: Except as provided in
paragraph (viii) of this subsection and subject to paragraph
(ix) of this subsection, funds from this appropriation shall not
be expended until the project sponsor and the Wyoming water
development commission have secured additional funding
commitments from project beneficiaries in both Wyoming and
Colorado on a pro rata basis. Funds from this appropriation
shall not be expended until the expenditure is approved by the
legislature;
(viii) Special conditions: Notwithstanding paragraph
(vii) of this subsection, funds from this appropriation may be
expended for items listed in subparagraph (v)(A) of this
subsection provided that the project beneficiaries provide
matching funds at a rate established by the Wyoming water
development commission for this project;
(ix) Any federal funds obtained by the project
sponsor to be used as matching funds as provided in this section
shall only be expended if matched in the ratio of one dollar
($1.00) of water development account III funds to not less than
one dollar ($1.00) of matching federal funds to be credited
toward each state's pro rata share of the project. No more than
one million two hundred fifty thousand dollars ($1,250,000.00)
from water development account III shall be expended for
matching funds under this paragraph. Source Notes for
subsection (b): (Laws 2020, Ch. 113, § 2; 2020, Ch. 113, § 2.)