Wyo. Stat. § 99-3-1304

Current through the 2024 legislative session
Section 99-3-1304 - Level III construction projects - rehabilitation
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-104.

Source notes for subsection (a): (Laws 2008, Ch. 75, § 1.)

(b) Project - Big Horn Canal Lining:
(i) Project sponsor: Big Horn Canal Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction of improvements to an existing canal and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred thousand dollars ($500,000.00);
(v) 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 three hundred thirty-five thousand dollars ($335,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) 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 one hundred sixty-five thousand dollars ($165,000.00) or thirty-three percent (33%) of 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 four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission five hundred thousand dollars ($500,000.00) 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, 2013.

Source notes for subsection (b): (Laws 2008, Ch. 75, § 1.)

(c) Project - Casper's Rock Creek Dam Rehabilitation:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of dam rehabilitation measures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred forty-five thousand dollars ($1,245,000.00);
(v) 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 thirty-four thousand one hundred fifty dollars ($834,150.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission eight hundred thirty-four thousand one hundred fifty dollars ($834,150.00) 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, 2013;
(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 2008, Ch. 75, § 1.)

(d) Project - Cheyenne's Granite Dam Spillway Improvements:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of improvements to the spillway for the Granite Dam and other appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million dollars ($1,000,000.00);
(v) 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 hundred seventy thousand dollars ($670,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission six hundred seventy thousand dollars ($670,000.00) 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, 2013;
(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 (d): (Laws 2008, Ch. 75, § 1.)

(e) Project - Gooseberry Rehabilitation:
(i) Project sponsor: Gooseberry Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction of irrigation system improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred ninety thousand dollars ($1,190,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the engineering design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred ninety-seven thousand three hundred dollars ($797,300.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the engineering design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred ninety-two thousand seven hundred dollars ($392,700.00) or thirty-three percent (33%) of 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 rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission one million one hundred ninety thousand dollars ($1,190,000.00) 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, 2013.

Source notes for subsection (e): (Laws 2008, Ch. 75, § 1.)

(f) Project - Heart Mountain Rehabilitation:
(i) Project sponsor: Heart Mountain Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction rehabilitation measures for the irrigation system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million three hundred fifty thousand dollars ($2,350,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed one million five hundred seventy-four thousand five hundred dollars ($1,574,500.00) or one hundred percent (100%) of the approved material costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one million five hundred seventy-four thousand five hundred dollars ($1,574,500.00) 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, 2013;
(vii) Special conditions:
(A) The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (f): (Laws 2008, Ch. 75, § 1.)

(g) Project - Sidon Rehabilitation:
(i) Project sponsor: Sidon Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction of delivery ditch improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred fifty thousand dollars ($550,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed two hundred ninety-five thousand dollars ($295,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Repealed By Laws 2009, Ch. 38, § 3.
(vii) Appropriation: There is appropriated from water development account II to the commission two hundred ninety-five thousand dollars ($295,000.00) 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, 2013;
(viii) Special conditions:
(A) The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (g): (Laws 2008, Ch. 75, § 1; 2009, Ch. 38, §§ 2, 3.)

(h) Project - Taylor Ditch Siphon:
(i) Project sponsor: Taylor Watershed Improvement District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Design and construction to replace an irrigation ditch siphon and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred sixty-seven thousand dollars ($667,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the engineering design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred forty-six thousand eight hundred ninety dollars ($446,890.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the engineering design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed fifty thousand twenty-five dollars ($50,025.00) or seven and five-tenths percent (7.5%) of actual development 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 rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission four hundred ninety-six thousand nine hundred fifteen dollars ($496,915.00) 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, 2013;
(viii) Special condition: The sponsor is responsible for acquiring twenty-five and five-tenths percent (25.5%) of the total project budget from other sources.

Source notes for subsection (h): (Laws 2008, Ch. 75, § 1.)

(j) Project Sponsor's Contingency Fund-Rehabilitation:
(i) Project sponsor: Any eligible sponsor;
(ii) Project purpose: Variable purpose water supplies;
(iii) Project description: The establishment of a fund to provide supplemental funding for sponsors' existing Level III rehabilitation construction projects where construction budgets have been rendered insufficient due to inflation, or an unexpected increase in material cost, change in materials or increase in the quantities of materials necessary to complete the final project design;
(iv) Total project budget: Five hundred thousand dollars ($500,000.00);
(v) Project grant: The state of Wyoming shall grant to sponsors from water development account II through the commission sufficient supplemental funds which may be used to complete construction of projects up to an amount not to exceed sixty-seven percent (67%) of the difference between the original project budget and the actual cost of construction;
(vi) Project loan: The state of Wyoming shall loan to sponsors from water development account II through the commission sufficient supplemental funds which may be used to complete construction of projects up to an amount not to exceed thirty-three percent (33%) of the difference between the original project budget and the actual cost of construction, at an annual rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission five hundred thousand dollars ($500,000.00) 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, 2017;
(viii) Special condition: The commission is authorized to consider and approve supplemental funding to complete existing water development program Level III construction projects any time during the calendar year.

W.S. 99-3-1304

Amended by Laws 2015 , ch. 167, § 1, eff. 3/9/2015.