Section 99-2-303 - Level III construction projects - new development(a) Except as otherwise specifically provided, each Level III new development construction project identified in this section shall be subject to the following general conditions: Source notes for subsection (a): (Laws 1993, ch. 89, § 3a.)
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;(vi) The commission shall make payments directly to the sponsors;(vii) The sponsor shall be responsible for operation and maintenance of the project;(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;(x) Principal and interest payments made in repayment of loans shall be deposited in water development account I;(xi) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the designated project purpose without prior written approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the project loan. After that loan is paid in full, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project grant;(xii) There shall be no lease, sale, assignment or transfer of ownership of any project until the project loan is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project grant. Before the sponsor may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the sponsor's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the sponsor at the date the option is exercised;(xiii) After the project loan is paid in full, the sponsor may purchase the position of the state of Wyoming, as described in paragraphs (xi) and (xii) of this subsection, for the amount of the project grant plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor;(xiv) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of any project or project water shall be deposited in water development account I. (Laws 1993, ch. 89, § 3a.)(b) Project - Brooks Hat Six Water Supply Project:(i) Project sponsor: Town of Evansville;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Transmission pipeline, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: One hundred fifty thousand dollars ($150,000.00);(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 forty-nine thousand five hundred dollars ($49,500.00) or thirty-three percent (33%) 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 interest rate of four percent (4%);(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 one hundred thousand five hundred dollars ($100,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one hundred fifty thousand dollars ($150,000.00) 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, 1996;(viii) Special conditions: (A) Prior to the completion of the contract described in section 2(a) of this act, the sponsor shall complete a water supply agreement with the Brooks Hat Six Improvement and Service District. The water supply agreement will be subject to the approval of the commission;(B) The size of the transmission pipeline is based on supplying water to other regional domestic water users, including but not limited to the Sandy Lake Estates Improvement and Service District. Therefore, subject to commission approval, the sponsor may sell water from the project to other domestic water users. The sale may be accomplished through lump sum payments or through the purchasers assuming a portion of the loan described in paragraph (v) of this subsection, or both. If the sales are accomplished through lump sum payments, the sponsor must use the payments to reduce the principal on the loan described in paragraph (v) of this subsection. Any sales other than for domestic purposes will be subject to the conditions described in paragraphs (xi) through (xiii) of subsection 3(a) of this act [§ 99-2-303(a)] . Source notes for subsection (b): (Laws 1993, ch. 89, § 3b.)
(c) Project - Cheyenne Storage Facility: (i) Project sponsor: City of Cheyenne;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Five million nine hundred thousand dollars ($5,900,000.00);(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 seven hundred sixty-seven thousand dollars ($767,000.00) or thirteen percent (13%) 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 interest rate of four percent (4%);(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 seven hundred sixty-seven thousand dollars ($767,000.00) or thirteen percent (13%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one million five hundred thirty-four thousand dollars ($1,534,000.00) 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, 1996;(viii) Special conditions: The sponsor is responsible for acquiring seventy-four percent (74%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1993, ch. 89, § 3c.)
(d) Project - Freedom Water Supply Project:(i) Project sponsor: Freedom Water and Sewer District;(ii) Project purpose: Rural domestic water supply;(iii) Project description: Well, transmission pipeline, pump station, storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: One million one hundred thousand dollars ($1,100,000.00);(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 thirty-seven thousand dollars ($737,000.00) 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 seven hundred thirty-seven thousand dollars ($737,000.00) 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, 1997; (vii) Special conditions: (A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;(B) The sponsor may purchase the well completed during the Level II study for a price of fifteen thousand dollars ($15,000.00) or thirty-three percent (33%) of the actual construction costs, whichever is less, if approved by the commission. The sponsor may purchase the well with a lump sum payment or with amortized payments based on a term of five (5) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%). In either event, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (d): (Laws 1993, ch. 89, § 3d.)
(e) Project - Gillette Pipeline Project: (i) Project sponsor: City of Gillette;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Transmission pipeline, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Six hundred ten thousand dollars ($610,000.00);(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 four hundred eight thousand seven hundred dollars ($408,700.00) 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 four hundred eight thousand seven hundred dollars ($408,700.00) 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, 1995; (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 1993, ch. 89, § 3e.)
(f) Project - Little Snake River Valley Dam and Reservoir Project: (i) Project sponsor: State of Wyoming;(ii) Project purpose: Agricultural, municipal and domestic water supply, recreation, environmental enhancement and mitigation for the Stage I, II and III transbasin diversion water supply projects;(iii) Project description: Dam, outlet works, spillways and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Thirty-three million eight hundred thousand dollars ($33,800,000.00);(v) Appropriation: (A) There is appropriated from water development account I to the commission twenty-four million two hundred thousand dollars ($24,200,000.00) or as much thereof as is necessary to carry out the purpose of this subsection;(B) Of the ten million dollars ($10,000,000.00) previously appropriated for funding of the Sandstone project by 1988 Wyoming Session Laws, Chapter 79, Section 7 [as amended by the 1989 Wyoming Session Laws, Chapter 268, Section 2], nine million six hundred thousand dollars ($9,600,000.00) or as much thereof as is necessary is appropriated to and may be used by the commission to carry out the purpose of this subsection;(C) Unexpended funds appropriated under this subsection shall revert to the account established in W.S. 99-99-1001(a)(vi) on July 1, 2010.(vi) Special conditions: The construction of the Little Snake River Valley Dam and reservoir project shall be deemed mitigation to the Little Snake River Basin for any and all impacts resulting from the operation of the Stage I and Stage II transbasin diversion water supply projects. The project sponsor shall ensure that after the project construction is complete, the reservoir is open for recreational use. Source notes for subsection (f): (Laws 1993, ch. 89, § 3f; 1997, ch. 45, § 9; 1998, ch. 38, § 5; 2001, Ch. 2, § 4; 2010, ch. 68, § 2.)
(g) Project - South Laramie Water Supply Project:(i) Project sponsor: South of Laramie Water and Sewer District;(ii) Project purpose: Domestic water supply;(iii) Project description: Transmission pipelines, pump stations, storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Four million one hundred forty thousand dollars ($4,140,000.00);(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 three hundred seventy-two thousand six hundred dollars ($372,600.00) or nine percent (9%) 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 interest rate of four percent (4%);(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 million seven hundred seventy-three thousand eight hundred dollars ($2,773,800.00) or sixty-seven percent (67%) 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 forty-six thousand four hundred dollars ($3,146,400.00) 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, 1997;(viii) Special conditions: The sponsor is responsible for acquiring twenty-four percent (24%) of the total project budget from other sources. Source notes for subsection (g): (Laws 1993, ch. 89, § 3g.)
(h) Project - Superior Water Supply Project:(i) Project sponsor: Town of Superior;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Pump station, valves and appurtenances necessary to make the project complete and function in the manner intended;(iv) Total project budget: Forty thousand dollars ($40,000.00);(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 thirteen thousand two hundred dollars ($13,200.00) or thirty-three percent (33%) 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 interest rate of four percent (4%);(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 twenty-six thousand eight hundred dollars ($26,800.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission forty thousand dollars ($40,000.00) 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, 1995.