Wyo. Stat. § 99-3-2305

Current through the 2024 legislative session
Section 99-3-2305 - 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 2018, Ch. 121, § 1; 2019, Ch. 55, § 2.)

(b) Project - West Fork Reservoir:
(i) Project sponsor: Savery-Little Snake Water Conservancy District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Construction of a new dam on the West Fork Battle Creek to create a reservoir impoundment of approximately ten thousand acre-feet (10,000 AF) and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seventy-three million dollars ($73,000,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account III through the commission an amount not to exceed four million six hundred ninety-eight thousand dollars ($4,698,000.00) to identify, investigate and acquire suitable lands for the purpose of an exchange of lands with the federal government. Funds granted under this section may be expended:
(A) For environmental and cultural investigations, title review for both surface and subsurface ownership, access and easement agreements, appraisals, purchase options and land procurements;
(B) To perfect agreements or other instruments for the financial participation of project beneficiaries in the state of Colorado on a pro rata basis.
(vi) Appropriation: There is appropriated from water development account III to the commission four million six hundred ninety-eight thousand dollars ($4,698,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. This appropriation is a partial appropriation of the total seventy-three million dollars ($73,000,000.00) required for the project. Additional appropriations and funding sources shall be identified to provide full funding for the project before any bids are let for construction. Unexpended funds appropriated under this subsection shall revert to water development account III on July 1, 2026;
(vii) Special conditions: Except as provided in paragraph (viii) of this subsection and subject to paragraph (ix) of this subsection, funds from this appropriation shall not be expended until the project sponsor and the Wyoming water development commission have secured additional funding commitments from project beneficiaries in both Wyoming and Colorado on a pro rata basis. Funds from this appropriation shall not be expended until the expenditure is approved by the legislature;
(viii) Special conditions: Notwithstanding paragraph (vii) of this subsection, funds from this appropriation may be expended for items listed in subparagraph (v)(A) of this subsection provided that the project beneficiaries provide matching funds at a rate established by the Wyoming water development commission for this project;
(ix) Any federal funds obtained by the project sponsor to be used as matching funds as provided in this section shall only be expended if matched in the ratio of one dollar ($1.00) of water development account III funds to not less than one dollar ($1.00) of matching federal funds to be credited toward each state's pro rata share of the project. No more than one million two hundred fifty thousand dollars ($1,250,000.00) from water development account III shall be expended for matching funds under this paragraph.

W.S. 99-3-2305

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 2018 , ch. 121, § 1, eff. 3/14/2018.