§ 99-3-2703 — Level III construction projects – new development

(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,
provided that W.S. 99-3-103(a)(iii) shall not apply to the
projects identified in this section unless required by W.S. 41-
2-121. Source Notes for subsection (a): (Laws 2022, Ch. 93, §
1.)
(b) Project – Cloud Seeding: Medicine Bow and Sierra Madre
Mountain Ranges 2023 (aerial):
(i) Project sponsor: The state of Wyoming;
(ii) Project purpose: To enhance the winter snowpack
in the Medicine Bow and Sierra Madre mountain ranges;
(iii) Project description: Conduct an aerial
operational winter snowpack augmentation program during the
2022-2023 season;
(iv) Total project budget: Eight hundred seventy-
three thousand four hundred ninety dollars ($873,490.00);
(v) Appropriation: There is appropriated from water
development account I to the Wyoming water development office
eight hundred twenty-three thousand four hundred ninety dollars
($823,490.00) or as much thereof as is necessary to carry out
the purpose of this subsection. Unexpended and unobligated funds
appropriated under this subsection shall revert to water
development account I on July 1, 2024;
(vi) Special conditions:
(A) The Wyoming water development office shall
acquire funding commitments from Wyoming water users or other
interested parties for operational costs which exceed the
project appropriation;
(B) The Wyoming water development office is
authorized to enter into contracts with Colorado organizations
to extend aerial weather modification efforts into Colorado
provided these organizations pay one hundred percent (100%) of
the additional costs associated with operations in Colorado.
Source Notes for subsection (b): (Laws 2022, Ch. 93, § 1.)
(c) Project – Cloud Seeding: Wind River and Sierra Madre
Mountain Ranges 2023 (ground based):
(i) Project sponsor: The state of Wyoming;
(ii) Project purpose: To enhance the winter snowpack
in the Wind River and Sierra Madre mountain ranges;
(iii) Project description: Conduct a ground-based
operational winter snowpack augmentation program during the
2022-2023 season;
(iv) Total project budget: eight hundred forty-four
thousand five hundred eighty dollars ($844,580.00);
(v) Appropriation: There is appropriated from water
development account I to the Wyoming water development office
three hundred sixteen thousand dollars ($316,000.00) or as much
thereof as is necessary to carry out the purpose of this
subsection. Unexpended and unobligated funds appropriated under
this subsection shall revert to water development account I on
July 1, 2024;
(vi) Special conditions:
(A) The state of Wyoming shall participate at a
rate up to thirty-seven percent (37%) of actual project
operations costs not to exceed three hundred sixteen thousand
dollars ($316,000.00);
(B) Prior to commencing project operations, the
Wyoming water development office shall acquire funding
commitments from other Colorado River basin water users or other
interested parties for a minimum of sixty-three percent (63%) of
actual project operations costs;
(C) If the project is cancelled, the Wyoming
water development office is authorized to use the appropriated
funds to remove weather modification equipment and reclaim
project sites. Source Notes for subsection (c): (Laws 2022,
Ch. 93, § 1.)
(d) Project – Crystal Bypass Pipeline 2022:
(i) Project sponsor: Cheyenne Board of Public
Utilities;
(ii) Project purpose: Municipal and rural domestic
water supply;
(iii) Project description: Design and construction of
water transmission pipelines, structures and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: three million eight
hundred thousand dollars ($3,800,000.00);
(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 million five hundred forty-
six thousand dollars ($2,546,000.00) or sixty-seven percent
(67%) of these actual development costs, whichever is less;
(vi) Appropriation: Except as provided in this
paragraph, there is appropriated from water development account
I to the commission two million five hundred forty-six thousand
dollars ($2,546,000.00) or as much thereof as is necessary to
carry out the purpose of this subsection. Unexpended and
unobligated funds appropriated under this subsection shall
revert to water development account I on July 1, 2027. If the
project is eligible for funding pursuant to the American Rescue
Plan Act of 2021, P.L. No. 117-2, of any unexpended, unobligated
funds received by the state of Wyoming through the Coronavirus
State Fiscal Recovery Fund established under section 602 of
title VI of the federal Social Security Act, as created by
section 9901 of the American Rescue Plan Act of 2021, P.L. 117-
2, which are not otherwise appropriated in the 2022 legislative
budget session, up to two million five hundred forty-six
thousand dollars ($2,546,000.00) shall be expended for the
purpose of this subsection before any expenditure of water
development account I funds appropriated by this paragraph;
(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 2022, Ch. 93, § 1.)
(e) Project – Evanston Transmission Pipeline 2022:
(i) Project sponsor: City of Evanston;
(ii) Project purpose: Municipal and 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: One million eight hundred
twenty thousand dollars ($1,820,000.00);
(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 one million two hundred nineteen
thousand four hundred dollars ($1,219,400.00) or sixty-seven
percent (67%) of these actual development costs, whichever is
less;
(vi) Appropriation: Except as provided in this
paragraph, there is appropriated from water development account
I to the commission one million two hundred nineteen thousand
four hundred dollars ($1,219,400.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended and unobligated funds appropriated under this
subsection shall revert to water development account I on July
1, 2027. If the project is eligible for funding pursuant to the
American Rescue Plan Act of 2021, P.L. No. 117-2, of any
unexpended, unobligated funds received by the state of Wyoming
through the Coronavirus State Fiscal Recovery Fund established
under section 602 of title VI of the federal Social Security
Act, as created by section 9901 of the American Rescue Plan Act
of 2021, P.L. 117-2, which are not otherwise appropriated in the
2022 legislative budget session, up to one million two hundred
nineteen thousand four hundred dollars ($1,219,400.00) shall be
expended for the purpose of this subsection before any
expenditure of water development account I funds appropriated by
this paragraph;
(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 (e):
(Laws 2022, Ch. 93, § 1.)
(f) Project – Gillette Regional Extensions Phase VI 2022:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and 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: one million six hundred
eighty thousand dollars ($1,680,000.00);
(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 one million one hundred twenty-
five thousand six hundred dollars ($1,125,600.00) or sixty-seven
percent (67%) of these actual development costs, whichever is
less;
(vi) Appropriation: Except as provided in this
paragraph, there is appropriated from water development account
I to the commission one million one hundred twenty-five thousand
six hundred dollars ($1,125,600.00) or as much thereof as is
necessary to carry out the purpose of this subsection.
Unexpended and unobligated funds appropriated under this
subsection shall revert to water development account I on July
1, 2027. If the project is eligible for funding pursuant to the
American Rescue Plan Act of 2021, P.L. No. 117-2, of any
unexpended, unobligated funds received by the state of Wyoming
through the Coronavirus State Fiscal Recovery Fund established
under section 602 of title VI of the federal Social Security
Act, as created by section 9901 of the American Rescue Plan Act
of 2021, P.L. 117-2, which are not otherwise appropriated in the
2022 legislative budget session, up to one million one hundred
twenty-five thousand six hundred dollars ($1,125,600.00) shall
be expended for the purpose of this subsection before any
expenditure of water development account I funds appropriated by
this paragraph;
(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 2022, Ch. 93, § 1.)
(g) Project – Northwest Rural Water System Improvements
2022:
(i) Project sponsor: Northwest Rural Water District;
(ii) Project purpose: Municipal and rural domestic
water supply;
(iii) Project description: Design and construction of
storage tanks and appurtenances necessary to make the project
function in the manner intended;
(iv) Total project budget: one million forty-five
thousand dollars ($1,045,000.00);
(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 seven hundred thousand one
hundred fifty dollars ($700,150.00) or sixty-seven percent (67%)
of these actual development costs, whichever is less;
(vi) Appropriation: Except as provided in this
paragraph, there is appropriated from water development account
I to the commission seven hundred thousand one hundred fifty
dollars ($700,150.00) or as much thereof as is necessary to
carry out the purpose of this subsection. Unexpended and
unobligated funds appropriated under this subsection shall
revert to water development account I on July 1, 2027. If the
project is eligible for funding pursuant to the American Rescue
Plan Act of 2021, P.L. No. 117-2, of any unexpended, unobligated
funds received by the state of Wyoming through the Coronavirus
State Fiscal Recovery Fund established under section 602 of
title VI of the federal Social Security Act, as created by
section 9901 of the American Rescue Plan Act of 2021, P.L. 117-
2, which are not otherwise appropriated in the 2022 legislative
budget session, up to seven hundred thousand one hundred fifty
dollars ($700,150.00) shall be expended for the purpose of this
subsection before any expenditure of water development account I
funds appropriated by this paragraph;
(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 2022, Ch. 93, § 1.)