§ 99-3-703 — Level III construction projects-new development

Wyoming § 99-3-703

• Jurisdiction: Wyoming
• Title 99: Water Projects
• Ch. 3: AUTHORIZATION FOR WATER DEVELOPMENT CONSTRUCTION
• Art. 7: 2002 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 2002, Ch. 88, § 1.)
(b) Project – Alpine Raw Water Project:
(i) Project sponsor: Town of Alpine;
(ii) Project purpose: Engineering design and
specifications for a raw water supply system;
(iii) Project description: Final engineering design
and specifications, review of water rights, legal expenses for
acquiring rights-of-way and permit procurement for a raw water
supply system for the Town of Alpine and design of appurtenances
necessary for the project to function in the manner intended;
(iv) Total project budget: Fifty-five thousand six
hundred dollars ($55,600.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design and specifications, review of water
rights, permit procurement, legal expenses to cover costs of
exhibits and documents necessary to acquire rights-of-way of the
project an amount not to exceed thirteen thousand nine hundred
dollars ($13,900.00) or twenty-five percent (25%) of the actual
development costs, whichever is less, for a term of five (5)
years from the date the commission determines project benefits
accrue to the sponsor, at an annual rate of seven and one-
quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for the design and specifications, review of water
rights, permit procurement, legal expenses to cover costs of
exhibits and documents necessary to acquire rights-of-way of the
project an amount not to exceed twenty-seven thousand eight
hundred dollars ($27,800.00) or fifty percent (50%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water
development account I to the commission forty-one thousand seven
hundred dollars ($41,700.00) 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, 2006; and
(viii) Special condition: The sponsor is responsible
for acquiring twenty-five percent (25%) of the total project
budget from other sources.
Source notes for subsection (b): (Laws 2002, Ch. 88, § 1.)
(c) Big Horn Regional Joint Powers Board Pipeline Project:
(i) Project sponsor: Big Horn Regional Joint Powers
Board;
(ii) Project purpose: Municipal, rural domestic water
supply;
(iii) Project description: Engineering design,
construction engineering, permit procurement, land procurement,
construction of a regional pipeline to connect the Worland well
field to other systems in the Big Horn Basin, a river crossing
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: Thirty-five million five
hundred eighty thousand dollars ($35,580,000.00);
(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 twenty-three million eight
hundred thirty-eight thousand six hundred dollars
($23,838,600.00) 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 twenty-three million
eight hundred thirty-eight thousand six hundred dollars
($23,838,600.00) 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, 2014;
(vii) Special condition: The sponsor is responsible
for acquiring thirty-three percent (33%) of the total project
budget from other sources.
Source notes for subsection (c): (Laws 2002, Ch. 88, § 1; 2004,
Ch. 118, § 8; 2007, Ch. 121, § 2; 2012, Ch. 14, § 2.)
(d) Project – Casper Zone II Water Supply Project:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Construction of a new
water transmission pipeline and storage facilities to service
growth in the eastern area of Casper and appurtenances necessary
to make the project function in the manner intended;
(iv) Total project budget: Three million one hundred
eighty-eight thousand dollars ($3,188,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement, construction
engineering, land acquisition and related legal expenses, and
construction of the project an amount not to exceed one million
five hundred ninety-four thousand dollars ($1,594,000.00) or
fifty percent (50%) of the actual development costs, whichever
is less, for a term of twenty (20) years from the date the
commission determines project benefits accrue to the sponsor, at
an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for the design, permit procurement, construction
engineering, project land procurement, and construction of the
project an amount not to exceed one million five hundred ninety-
four thousand dollars ($1,594,000.00) or fifty percent (50%) of
the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water
development account I to the commission three million one
hundred eighty-eight thousand dollars ($3,188,000.00) 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, 2007.
Source notes for subsection (d): (Laws 2002, Ch. 88, § 1.)
(e) Project – Laramie East Side Tank Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Construction of a new
water transmission pipeline and storage facilities to service
growth in the eastern area of Laramie and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Nine million five hundred
sixty thousand dollars ($9,560,000.00);
(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, construction
engineering, project land procurement and construction of the
project an amount not to exceed four million seven hundred
eighty thousand dollars ($4,780,000.00) 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 four million seven
hundred eighty thousand dollars ($4,780,000.00) 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, 2008;
(vii) Special condition: The sponsor is responsible
for acquiring fifty percent (50%) of the total project budget
from other sources.
Source notes for subsection (e): (Laws 2002, Ch. 88, § 1; 2003,
Ch. 69, § 10; 2007, Ch. 121, § 2.)
(f) Project - Little Snake River Small Dams and Reservoirs
Phase II Project:
(i) Project sponsor: Little Snake River Conservation
District;
(ii) Project purpose: Multi-purpose - agriculture,
recreation;
(iii) Project description: Construction of small dams
to impound water for livestock, wildlife and recreation use;
(iv) Total project budget: Four hundred sixty-five
thousand dollars ($465,000.00);
(v) 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 eighty-six thousand
dollars ($186,000.00) or forty percent (40%) of the actual
development costs, whichever is less, for a term of twenty-five
(25) years from the date the commission determines project
benefits accrue to the sponsor, at an annual interest rate of
six percent (6%);
(vi) 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 seventy-nine
thousand dollars ($279,000.00) or sixty percent (60%) of the
actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water
development account I to the commission four hundred sixty-five
thousand dollars ($465,000.00) 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, 2013;
(viii) Special conditions:
(A) The sponsor shall deposit cash or other
securities valued at the full amount of the loan in an escrow
account, as deemed appropriate by the attorney general, which
names the commission as the beneficiary or recipient in the
event of default on the loan. Interest earnings on cash or
securities deposited in the escrow account shall remain with the
sponsor;
(B) Construction of dams and reservoirs shall be
limited to all or a portion of the twelve (12) projects
identified and recommended for construction in the Little Snake
River Basin Small Reservoir Development Project. The sponsor
shall obtain the approval of the commission prior to the
construction of any individual facility; and
(C) The sponsor shall be responsible for
obtaining all permits and clearances necessary for construction
of the project.
(ix) Supplemental project budget: Three hundred
eighty-seven thousand dollars ($387,000.00);
(x) Supplemental project grant: The state of Wyoming
shall grant to the sponsor from water development account I
through the commission an amount not to exceed two hundred
fifty-nine thousand two hundred ninety dollars ($259,290.00) or
sixty-seven percent (67%) of the additional funds needed to
complete the project, whichever is less. Supplemental grant
funds may be used for design, construction engineering and
construction of the project;
(xi) Supplemental project loan: The state of Wyoming
shall loan to the sponsor from water development account I
through the commission an amount not to exceed one hundred
twenty-seven thousand seven hundred ten dollars ($127,710.00) or
thirty-three percent (33%) of the additional funds needed to
complete the project, whichever is less for a term of twenty-
five (25) years from the date the commission determines project
benefits accrue to the sponsor, at an annual rate of four
percent (4%). Supplemental loan funds may be used for design,
construction engineering and construction of the project;
(xii) Supplemental appropriation: There is
appropriated from water development account I to the commission
an additional three hundred eighty-seven thousand dollars
($387,000.00), which when combined with the original
appropriation, as described in paragraphs (iv) through (vi) of
this subsection, total eight hundred fifty- two thousand dollars
($852,000.00), 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, 2013; and
(xiii) Special supplemental conditions:
(A) The supplemental appropriation is based upon
a different grant and loan ratio than the original
appropriation. The original funding described in paragraphs
(iv) through (vi) of this subsection shall be expended prior to
incurring supplemental funding expenditures;
(B) The sponsor shall deposit cash or other
securities valued at the full amount of the supplemental loan in
an escrow account, as deemed appropriate by the attorney
general, which names the commission as the beneficiary or
recipient in the event of default on the loan. Interest earnings
on cash or securities deposited in the escrow account shall
remain with the sponsor; and
(C) Supplemental funding shall be limited to the
twelve (12) projects identified and recommended for construction
in the Little Snake River Basin Small Reservoir Development
Project, the Doty Mountain Five Project, Coal Gulch Dam Project
and the Grieve Reservoir Project. The sponsor shall obtain the
approval of the commission prior to the construction of any
individual facility.
Source notes for subsection (f): (Laws 2002, Ch. 88, § 1; 2006,
Ch. 105, § 5; 2008, Ch. 75, § 2; 2010, ch. 68, § 2.)
(g) Project – Pinedale Intake Project:
(i) Project sponsor: Town of Pinedale;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Redesign and construction
of the town's intake located at Fremont Lake to address icing
conditions due to drought related lowering of the lake which
caused ice to encase the intake pipeline and lift the submerged
section of the pipeline when the lake level rose in the spring
and appurtenances necessary to make the project function in the
manner intended;
(iv) Total project budget: One hundred ninety-three
thousand dollars ($193,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement, construction
engineering, project land procurement and construction of the
project an amount not to exceed ninety-six thousand five hundred
dollars ($96,500.00) or fifty percent (50%) of the actual
development costs, whichever is less, for a term of ten (10)
years from the date the commission determines project benefits
accrue to the sponsor, at an annual rate of seven and one-
quarter percent (7.25%);
(vi) 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 a the
project an amount not to exceed ninety-six thousand five hundred
dollars ($96,500.00) or fifty percent (50%) of the actual
development costs, whichever is less;
(vii) Appropriation: There is appropriated from
water development account I to the commission one hundred
ninety-three thousand dollars ($193,000.00) 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, 2006.
Source notes for subsection (g): (Laws 2002, Ch. 88, § 1.)
(h) Project – Sinclair Water Supply Project:
(i) Project sponsor: Town of Sinclair;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Design and construction
of a pipeline and storage tank to integrate with a larger
project that is needed to address an Environmental Protection
Agency administrative order issued to the Town of Sinclair to
comply with the Safe Drinking Water Act and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: One million three hundred
forty-five thousand dollars ($1,345,000.00);
(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, construction
engineering, project land procurement and construction of the
project an amount not to exceed six hundred seventy-two thousand
five hundred dollars ($672,500.00) 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 six hundred seventy-two
thousand five hundred dollars ($672,500.00) 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, 2007;
(vii) Special condition: The sponsor is responsible
for acquiring fifty percent (50%) of the total project budget
from other sources.
Source notes for subsection (h): (Laws 2002, Ch. 88, § 1.)
(j) Project - Small Water Development Projects:
(i) Project sponsors: Eligible public entities;
(ii) Project purpose: Multi-purpose - agriculture,
recreation, environmental;
(iii) Project description: Construction of small
dams, windmills, spring development, pipelines, etc., to
impound, develop and convey water for livestock, wildlife,
irrigation, environmental and recreational purposes;
(iv) Total project budget: Four million five hundred
thousand dollars ($4,500,000.00);
(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 two million two hundred fifty
thousand dollars ($2,250,000.00) 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 two million two hundred
fifty thousand dollars ($2,250,000.00) or as much thereof as is
necessary to carry out the purpose of this subsection;
(vii) Definition: "Small project" means a project
where estimated construction costs, permit procurement,
construction engineering and project land procurement are one
hundred thousand dollars ($100,000.00) or less, and where the
maximum financial contribution from the commission is twenty-
five thousand dollars ($25,000.00) or less;
(viii) Special conditions:
(A) Repealed By Laws 2004, Ch. 118, § 12.
(B) The commission shall establish eligibility
criteria and administration procedures for development of small
projects;
(C) The commission may grant a sponsor fifty
percent (50%) of the construction cost of a project with a
maximum grant awarded limited to twenty-five thousand dollars
($25,000.00);
(D) The project sponsors must substantiate the
public benefit that will be derived from proposed projects;
(E) The commission may make monthly progress
payments for no more than fifty percent (50%) of eligible
monthly project expenses;
(F) An appropriate land management or resource
management entity must certify that the proposed project will
meet expectations and that appropriate engineering standards, as
approved by the commission, will be adhered to;
(G) 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.
(ix) No new project shall be authorized under this
subsection on or after July 1, 2014;
(x) As of July 1, 2017, all remaining funds in this
appropriation shall revert to water development account I.
Source notes for subsection (j): (Laws 2002, Ch. 88, § 1; 2003,
Ch. 69, § 11; 2004, Ch. 118, § 10 and 12; 2005, ch. 147, § 6;
2006, ch. 105, § 5; 2007, Ch. 121, § 3; 2010, ch. 68, § 2, 2012,
Ch. 14, § 2, 2015, Ch. 23, § 2.)
(k) Project – Torrington Raw Water Project:
(i) Project sponsor: City of Torrington;
(ii) Project purpose: Raw water irrigation supply;
(iii) Project description: Drilling and construction
of three (3) groundwater wells to irrigate greenways to assist
the city with complying with an administrative order issued by
the Environmental Protection Agency regarding compliance with
the Safe Drinking Water Act and appurtenances necessary to make
the project function in the manner intended;
(iv) Total project budget: One hundred ninety-two
thousand dollars ($192,000.00);
(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 ninety-six thousand dollars
($96,000.00) 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 ninety-six thousand
dollars ($96,000.00) 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, 2007; and
(vii) Special condition: The sponsor is responsible
for acquiring fifty percent (50%) of the total project budget
from other sources.
Source notes for subsection (k): (Laws 2002, Ch. 88, § 1.)
(m) Project – Wright Well and Pipeline Project:
(i) Project sponsor: Wright Water and Sewer District;
(ii) Project purpose: Municipal and domestic water
supply;
(iii) Project description: Design and construction
of a new groundwater well and pipeline and appurtenances
necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred thousand
dollars ($600,000.00);
(v) Project loan: The state of Wyoming shall loan to
the sponsor from water development account I through the
commission for the design, permit procurement, construction
engineering, project land procurement and construction of the
project an amount not to exceed three hundred thousand dollars
($300,000.00) or fifty percent (50%) of the actual development
costs, whichever is less, for a term of twenty (20) years from
the date the commission determines project benefits accrue to
the sponsor, at an annual rate of seven and one-quarter percent
(7.25%);
(vi) Project grant: The state of Wyoming shall grant
to the sponsor from water development account I through the
commission for design, permit procurement, construction
engineering, project land procurement and construction of the
project an amount not to exceed three hundred thousand dollars
($300,000.00) or fifty percent (50%) of the actual development
costs, whichever is less;
(vii) There is appropriated from water development
account I to the commission six hundred thousand dollars
($600,000.00) 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, 2007;
(viii) Special condition: Funding is contingent upon
the sponsor complying, to the satisfaction and approval of the
commission, with the restrictions specified in an agreement
between the sponsor and the commission dated September 10, 1987
relating to the sale of water for uses other than for municipal
or domestic purposes.
Source notes for subsection (m): (Laws 2002, Ch. 88, § 1.)