Wyo. Stat. § 99-3-2205

Current through the 2024 legislative session
Section 99-3-2205 - Level III construction projects - dams and reservoirs
(a) Authorization is granted for the Level III dams and reservoirs construction projects identified in this section subject to the general conditions specified in W.S. 99-3-106, provided that the general condition related to repair and maintenance sinking funds as described in W.S. 99-3-106(a)(iii) shall not apply to these projects.

Source Notes for subsection (a): (Laws 2017, Ch. 75, § 1; 2019, Ch. 55, § 2.)

(b) Project - Big Sandy Reservoir Enlargement:
(i) Project sponsor: Eden Valley Irrigation and Drainage District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Modification and raising of Big Sandy Dam to create a reservoir enlargement of approximately thirteen thousand five hundred (13,500) acre feet and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight million four hundred thousand dollars ($8,400,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed six million seven hundred twenty thousand dollars ($6,720,000.00) or eighty percent (80%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed one million six hundred eighty thousand dollars ($1,680,000.00) or twenty percent (20%) of actual development costs, whichever is less, for a term of fifty (50) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account III to the commission eight million four hundred thousand dollars ($8,400,000.00) 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 III on July 1, 2023;
(viii) Special conditions: The state of Wyoming acting through the water development commission is hereby authorized to contract with the United States Bureau of Reclamation for the construction engineering and construction of the project as provided in this subsection.

Source Notes for subsection (b): (Laws 2017, Ch. 75, § 1.)

(c) Project - Middle Piney Reservoir:
(i) Project sponsor: State of Wyoming;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Reconstruction of the Middle Piney Dam to recover and make usable approximately three thousand three hundred seventy (3,370) acre feet of the reservoir water right with a priority date of 1919 and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Fourteen million two hundred twenty-eight thousand dollars ($14,228,000.00);
(v) Appropriation: There is appropriated from water development account III to the commission for project land procurement, construction engineering and construction of the project fourteen million two hundred twenty-eight thousand dollars ($14,228,000.00) 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 III on July 1, 2025;
(vi) Special conditions:
(A) Prior to commencing construction, the state of Wyoming acting through the water development commission shall secure a special use permit from the United States - Bridger-Teton National Forest to authorize construction of the Middle Piney Dam;
(B) Prior to commencing construction, the state of Wyoming acting through the water development commission shall secure a special use permit or other agreement from the United States - Bridger-Teton National Forest to authorize the commission to operate the dam and manage the storage water once construction is complete;
(C) The state of Wyoming acting through the water development commission is hereby authorized to contract with the United States - Bridger-Teton National Forest for the construction engineering and construction of the project as provided in this subsection;
(D) Upon approval by the commission, five hundred thousand dollars ($500,000.00) from this appropriation shall be deposited in the Middle Piney reservoir account created by W.S. 99-99-1001(a)(x).

Source Notes for subsection (c): (Laws 2017, Ch. 75, § 1; 2019, Ch. 55, § 2; 2022, Ch. 93, § 2; 2024, Ch. 99, § 2.)

(d) Project - Alkali Creek Reservoir:
(i) Project sponsor: Nowood River Watershed Improvement District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Construction of a new dam on Alkali Creek which will impound approximately eight thousand (8,000) acre feet, to include water supply facilities and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Fifty-nine million dollars ($59,000,000.00);
(v) Project Grant: The state of Wyoming shall grant to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed fifty-six million nine hundred thousand dollars ($56,900,000.00) or ninety-six and four tenths percent (96.4%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed two million one hundred thousand dollars ($2,100,000.00) or three and six tenths percent (3.6%) of actual development costs, whichever is less, for a term of fifty (50) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account III to the commission fifty-nine million dollars ($59,000,000.00) 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 III on July 1, 2025.
(e) Project - Leavitt Reservoir Expansion:
(i) Project sponsor: Shell Valley Watershed Improvement District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Construction of a new off-channel dam which will impound approximately six thousand six hundred (6,600) acre feet, to include water supply facilities and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eighty-eight million eight hundred fifty thousand dollars ($88,850,000.00);
(v) Project Grant: The state of Wyoming shall grant to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed eighty-seven million one hundred thirty-four thousand dollars ($87,134,000.00) or ninety-eight and seven hundredths percent (98.07%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account III through the commission for project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred sixteen thousand dollars ($1,716,000.00) or one and ninety-three hundredths percent (1.93%) of actual development costs, whichever is less, for a term of fifty (50) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation and authorization: There is appropriated from water development account III to the commission fifty-six million eight hundred fifty thousand dollars ($56,850,000.00) 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 III on July 1, 2028. There is authorized for expenditure by the commission from the sponsor's contingency fund - account III, created by W.S. 99-3-2505(a), thirty-two million dollars ($32,000,000.00) to carry out the purpose of this subsection.

W.S. 99-3-2205

Amended by Laws 2024, ch. 99,§ 2, 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 2020 , ch. 113, § 2, eff. 3/17/2020.
Amended by Laws 2019 , ch. 55, § 2, eff. 2/18/2019.
Added by Laws 2017 , ch. 75, § 1, eff. 7/1/2017.