Wyo. Stat. § 99-2-304

Current through the 2024 legislative session
Section 99-2-304 - Level III construction projects; rehabilitation
(a) Except as otherwise specifically provided, each Level III rehabilitation construction project identified in this section shall be subject to the following general conditions:
(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 II.

Source notes for subsection (a): (Laws 1993, ch. 89, § 4a.)

(b) Project - Big Horn Canal Improvement Project:
(i) Project sponsor: Big Horn Canal Irrigation District;
(ii) Project purposes: Irrigation water supply;
(iii) Project description: Improvements to the Crooked S spillway on the main canal and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred twenty thousand dollars ($120,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty thousand dollars ($60,000.00) or fifty percent (50%) of the actual rehabilitation 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 II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty thousand dollars ($60,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred twenty thousand dollars ($120,000.00) 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 II on July 1, 1996.

Source notes for subsection (b): (Laws 1993, ch. 89, § 4b.)

(c) Project - Cheyenne Stage I Pipeline Project:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Repair of the existing Stage I pipeline and collector system and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Thirteen million seven hundred thousand dollars ($13,700,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six million eight hundred fifty thousand dollars ($6,850,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less, for a term of forty (40) 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 II through the commission for the design permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six million eight hundred fifty thousand dollars ($6,850,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission thirteen million seven hundred thousand dollars ($13,700,000.00) 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 II on July 1, 1999.

Source notes for subsection (c): (Laws 1993, ch. 89, § 4c; 1995, ch. 206, § 9; 1996, ch. 59, § 11.)

(d) Project - Cheyenne Well Rehabilitation Project-Phase II:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of not more than ten (10) wells including redrilling, casing, pumps, electrical facilities, meters, piping, well houses and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million two hundred fifty thousand dollars ($1,250,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, well testing, construction engineering and construction of the project an amount not to exceed six hundred twenty-five thousand dollars ($625,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less, for a term of fifteen (15) 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 II through the commission for the design, permit procurement, project land procurement, well testing, construction engineering and construction of the project an amount not to exceed six hundred twenty-five thousand dollars ($625,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one million two hundred fifty thousand dollars ($1,250,000.00) 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 II on July 1, 1996.

Source notes for subsection (d): (Laws 1993, ch. 89, § 4d.)

(e) Project - Goshen Canal Improvement Project:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of spillways on the main canal and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Fifty thousand dollars ($50,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed twelve thousand two hundred fifty dollars ($12,250.00) or twenty-four and one-half percent (24.5%) of the actual rehabilitation 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 II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed twelve thousand two hundred fifty dollars ($12,250.00) or twenty-four and one-half percent (24.5%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission twenty-four thousand five hundred dollars ($24,500.00) 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 II on July 1, 1996;
(viii) Special conditions: The sponsor is responsible for acquiring fifty-one percent (51%) of the total project budget from other sources.

Source notes for subsection (e): (Laws 1993, ch. 89, § 4e.)

(f) Project - Little Snake Rehabilitation Project:
(i) Project sponsor: Little Snake River Conservancy District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Replacement of diversion structures and rehabilitation of two canals and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two million seven hundred thousand dollars ($2,700,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred seventy-five thousand dollars ($675,000.00) or twenty-five percent (25%) of the actual rehabilitation costs, whichever is less, for a term of thirty-five (35) 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 II 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 twenty-five thousand dollars ($2,025,000.00) or seventy-five percent (75%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two million seven hundred thousand dollars ($2,700,000.00) 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 II on July 1, 1996.

Source notes for subsection (f): (Laws 1993, ch. 89, § 4f.)

(g) [Project - Riverton Valley Canal Improvement Project]

Source notes for subsection (g): (Laws 1993, ch. 89, § 4g; Repealed by Laws 1994, ch. 28, § 17.)

(h) Project - Sinnard Dam Project:
(i) Project sponsor: Horse Creek Conservation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of an existing dam 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 loan: The state of Wyoming shall loan to the sponsor from water development account II 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-five thousand dollars ($275,000.00) or twenty-five percent (25%) of the actual rehabilitation costs, whichever is less, for a term of fifty (50) 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 II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eight hundred twenty-five thousand dollars ($825,000.00) or seventy-five percent (75%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one million one hundred thousand dollars ($1,100,000.00) 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 II on July 1, 1996;
(viii) Special conditions: Project conditions for the Hawk Springs project authorized by W.S. 41-2-218(a)(ii)(intro) and 1985 Wyoming Session Laws, Chapter 224, Section 1(c)(intro) shall be modified to decrease the interest rate on funds loaned to the sponsor to four percent (4%).

W.S. 99-2-304