Wyo. Stat. § 99-3-1903

Current through the 2024 legislative session
Section 99-3-1903 - 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.

Source notes for subsection (a): (Laws 2014, Ch. 100, § 1.)

(b) Project - Antelope Valley Regional Connection:
(i) Project sponsor: Antelope Valley Improvement and Service District;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a connection to the regional water system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred thousand dollars ($300,000.00);
(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 hundred one thousand dollars ($201,000.00) 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 two hundred one thousand dollars ($201,000.00) 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, 2019;
(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 (b): (Laws 2014, Ch. 100, § 1.)

(c) Project - Casper Zone 3 Improvements:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a transmission pipeline, pumping facilities, storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five million five hundred thousand dollars ($5,500,000.00);
(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 three million six hundred eighty-five thousand dollars ($3,685,000.00) 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 three million six hundred eighty-five thousand dollars ($3,685,000.00) 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, 2020;
(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 (c): (Laws 2014, Ch. 100, § 1; 2019, Ch. 55, § 2.)

(d) Project - Cheyenne Southern Pipeline-Phase III:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Sixteen million dollars ($16,000,000.00);
(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 ten million seven hundred twenty thousand dollars ($10,720,000.00) 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 ten million seven hundred twenty thousand dollars ($10,720,000.00) 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, 2019;
(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 2014, Ch. 100, § 1; 2016, Ch. 55, § 2.)

(e) Project - Eastern Shoshone Boulder Flats Well Field:
(i) Project sponsor: Eastern Shoshone Tribe;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a well field, pumping facilities, pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred thousand dollars ($1,200,000.00);
(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 eight hundred four thousand dollars ($804,000.00) 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 eight hundred four thousand dollars ($804,000.00) 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, 2019;
(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 shall purchase the well drilled during the level II study for a price not to exceed thirty-three percent (33%) of the well's actual construction costs.

Source notes for subsection (e): (Laws 2014, Ch. 100, § 1.)

(f) Project - Glenrock Transmission Pipeline:
(i) Project sponsor: Town of Glenrock;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred seventy thousand dollars ($570,000.00);
(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 three hundred eighty-one thousand nine hundred dollars ($381,900.00) 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 three hundred eighty-one thousand nine hundred dollars ($381,900.00) 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, 2019;
(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 2014, Ch. 100, § 1.)

(g) Project - Laramie North Side Tank:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of pumping facilities, pipelines, storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Twelve million one hundred thousand dollars ($12,100,000.00);
(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 eight million one hundred seven thousand dollars ($8,107,000.00) 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 I through the commission for the design, permit procurement and project land procurement of the project an amount not to exceed three hundred ninety-six thousand dollars ($396,000.00) or thirty-three percent (33%) 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 rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account I to the commission eight million five hundred three thousand dollars ($8,503,000.00) 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, 2025.
(viii) Special conditions: The sponsor is responsible for acquiring an additional three million five hundred ninety-seven thousand dollars ($3,597,000.00) from other sources to supplement the sponsor's existing commission loan thereby providing thirty-three percent (33%) of the total project budget.

Source notes for subsection (g): (Laws 2014, Ch. 100, § 1; 2017, Ch. 75, § 2; 2020, Ch. 113, § 2; 2022, Ch. 93, § 2; 2024, Ch. 99, § 2; 2024.)

(h) Project - Manville Well Connection:
(i) Project sponsor: Town of Manville;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of a well connection, pumping facilities, pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred ninety thousand dollars ($490,000.00);
(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 three hundred twenty-eight thousand three hundred dollars ($328,300.00) 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 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 sixty-one thousand seven hundred dollars ($161,700.00) or thirty-three percent (33%) 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 rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred ninety thousand dollars ($490,000.00) 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, 2018;
(viii) Special conditions:
(A) The sponsor shall purchase the well drilled during the level II study for a price not to exceed thirty-three percent (33%) of the well's actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor at an interest rate of four percent (4%).

Source notes for subsection (h): (Laws 2014, Ch. 100, § 1.)

(j) Project - Pine Bluffs North Well Field:
(i) Project sponsor: Town of Pine Bluffs;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Purchase of water rights, design and construction of new wells, rehabilitation of existing wells, pumping facilities, pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million three hundred thousand dollars ($2,300,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the purchase of water rights, design, permit procurement, construction engineering and construction of the project an amount not to exceed one million five hundred forty-one thousand dollars ($1,541,000.00) 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 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 fifty-nine thousand dollars ($759,000.00) or thirty-three percent (33%) 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 rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account I to the commission two million three hundred thousand dollars ($2,300,000.00) 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, 2019;
(viii) Special conditions:
(A) The costs for the purchase of land and existing infrastructure, and to effect a water rights transfer before the Wyoming board of control are not part of the total project budget. The sponsor shall acquire funding for such costs from other sources.

Source notes for subsection (j): (Laws 2014, Ch. 100, § 1.)

(k) Project - Small Water Development Projects - 2014:
(i) Project sponsors: Eligible public entities;
(ii) Project purpose: Multi-purpose - agriculture, recreation and environmental;
(iii) Project description: Construction of small dams, windmills, spring development, guzzlers and other water collection, storage and drinking systems, pipelines, etc., to impound, develop and convey water for livestock, wildlife, irrigation, environmental and recreational purposes;
(iv) Total project budget: Twenty million three hundred twenty-six thousand dollars ($20,326,000.00);
(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 ten million one hundred sixty-three thousand dollars ($10,163,000.00) 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 ten million one hundred sixty-three thousand dollars ($10,163,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. The funds appropriated shall not lapse at the end of any fiscal period but shall carry over until expended or reverted by the legislature to water development account I;
(vii) Definition: "Small project" means a project where the maximum financial contribution from the commission is thirty-five thousand dollars ($35,000.00) or less;
(viii) Special conditions:
(A) The commission shall establish eligibility criteria and administration procedures for development of small projects;
(B) The commission may grant a sponsor fifty percent (50%) of the construction cost of a project with a maximum grant awarded limited to thirty-five thousand dollars ($35,000.00);
(C) The project sponsors shall substantiate the public benefit that will be derived from proposed projects;
(D) The commission may make monthly progress payments for no more than fifty percent (50%) of eligible monthly project expenses;
(E) An appropriate land management or resource management entity shall certify that the proposed project will meet expectations and that appropriate engineering standards, as approved by the commission, will be adhered to;
(F) 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;
(G)W.S. 16-6-116 shall not apply to a small project unless the project sponsor determines the small project meets the definition of a "public work" as defined in W.S. 16-6-101(a)(ix);
(H) Five hundred thousand dollars ($500,000.00) of the appropriation of funds for this project under paragraph (vi) of this subsection is contingent upon the transfer of funds to water development account I as described in section 5 of this act or transfer from another funding source.
(ix) Repealed by Laws 2024, ch. 99, § 3.

Source notes for subsection (k): (Laws 2024, Ch. 99, § 2.)

(m) Project - Weather Modification Wind River Mountains:
(i) Project sponsor: The state of Wyoming;
(ii) Project purpose: To enhance the winter snowpack in the Wind River Mountain Range;
(iii) Project description: Conduct an operational winter snowpack augmentation program during the 2014-2015 fall, winter and spring seasons;
(iv) Total project budget: Nine hundred thirty thousand dollars ($930,000.00);
(v) Appropriation: There is appropriated from water development account I to the Wyoming water development office two hundred forty thousand dollars ($240,000.00) 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, 2015;
(vi) Special conditions:
(A) The Wyoming water development office shall manage and provide oversight of the program. Ten thousand dollars ($10,000.00) of the total appropriation is allocated for this purpose;
(B) The project operations budget shall not exceed nine hundred twenty thousand dollars ($920,000.00) of which the state of Wyoming shall participate at a rate of twenty-five percent (25%) of actual costs;
(C) Prior to commencing with project operations, the Wyoming water development office shall acquire funding commitments from other Colorado river basin water users for seventy-five percent (75%) of project operations costs.

W.S. 99-3-1903

Amended by Laws 2024, ch. 99,§ 2, 3, eff. 3/20/2024.
Amended by Laws 2023, ch. 180,§ 2, eff. 3/10/2023.
Amended by Laws 2022 , ch. 93, § 2, eff. 3/16/2022.
Amended by Laws 2021 , ch. 12, § 2, eff. 2/8/2021.
Amended by Laws 2020 , ch. 113, § 2, eff. 3/17/2020.
Amended by Laws 2019 , ch. 55, § 2, eff. 2/18/2019.
Amended by Laws 2018 , ch. 121, § 2, eff. 3/14/2018.
Amended by Laws 2018 , ch. 16, § 1, eff. 7/1/2018.
Amended by Laws 2017 , ch. 75, § 2, eff. 7/1/2017.
Amended by Laws 2016 , ch. 55, § 2, eff. 3/4/2016.
Amended by Laws 2015 , ch. 23, § 2, eff. 2/25/2015.
Added by Laws 2014 , ch. 100, § 1, eff. 3/10/2014.