Wyo. Stat. § 99-3-2406

Current through the 2024 legislative session
Section 99-3-2406 - Level III construction projects - rehabilitation
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section.

Source notes for subsection (a): (Laws 2019, Ch. 55, § 1.)

(b) Project - Austin-Wall Reservoir Rehabilitation 2019:
(i) Project sponsor: Austin-Wall Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of the replacement of reservoir outlet works and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred seventy-four thousand dollars ($374,000.00);
(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 two hundred fifty thousand five hundred eighty dollars ($250,580.00) 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 twenty-three thousand four hundred twenty dollars ($123,420.00) 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 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 II to the commission three hundred seventy-four thousand dollars ($374,000.00) 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, 2026;
(viii) Special conditions: The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act.

Source notes for subsection (b): (Laws 2019, Ch. 55, § 1; 2024, Ch. 99, § 2.)

(c) Project - Big Horn Canal Wasteway Rehabilitation 2019:
(i) Project sponsor: Big Horn Canal Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of replacement wasteway/check structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred sixty thousand dollars ($960,000.00);
(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 forty-three thousand two hundred dollars ($643,200.00) 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 three hundred sixteen thousand eight hundred dollars ($316,800.00) 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 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 II to the commission nine hundred sixty thousand dollars ($960,000.00) 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, 2024.

Source notes for subsection (c): (Laws 2019, Ch. 55, § 1.)

(d) Project - Bluff/Upper Bluff System Improvements 2019:
(i) Project sponsor: Bluff/Upper Bluff Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of replacement pumps, structure repairs and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred sixty-six thousand dollars ($366,000.00);
(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 two hundred forty-five thousand two hundred twenty dollars ($245,220.00) 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 forty-five thousand seven hundred eighty dollars ($45,780.00) or twelve and fifty-one hundredths percent (12.51%) of the actual development costs, whichever is less, for a term of twenty (20) 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 II to the commission two hundred ninety-one thousand dollars ($291,000.00) 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, 2024;
(viii) Special conditions: The sponsor is responsible for acquiring twenty and forty-nine hundredths percent (20.49%) of the total project budget from other sources.

Source notes for subsection (d): (Laws 2019, Ch. 55, § 1.)

(e) Project - Cody Canal Rehabilitation 2019:
(i) Project sponsor: Cody Canal Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of lateral pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred forty-six thousand six hundred forty-nine dollars ($646,649.00);
(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 as approved by the commission an amount not to exceed three hundred forty-four thousand dollars ($344,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three hundred forty-four thousand dollars ($344,000.00) 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, 2024;
(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 as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (e): (Laws 2019, Ch. 55, § 1.)

(f) Project - Deaver Irrigation District Rehabilitation 2019:
(i) Project sponsor: Deaver Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of lateral pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred ninety-nine thousand nine hundred twenty-nine dollars ($899,929.00);
(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 as approved by the commission an amount not to exceed four hundred twenty-four thousand dollars ($424,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission four hundred twenty-four thousand dollars ($424,000.00) 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, 2024;
(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 as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (f): (Laws 2019, Ch. 55, § 1.)

(g) Project - Dry Creek Irrigation District Rehabilitation 2019:
(i) Project sponsor: Dry Creek Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of replacement lateral pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million six hundred twenty-eight thousand dollars ($1,628,000.00);
(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 one million ninety thousand seven hundred sixty dollars ($1,090,760.00) 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 five hundred thirty-seven thousand two hundred forty dollars ($537,240.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) 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 II to the commission one million six hundred twenty-eight thousand dollars ($1,628,000.00) 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, 2024;
(viii) Special conditions: The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act.

Source notes for subsection (g): (Laws 2019, Ch. 55, § 1.)

(h) Project - Eden Valley Irrigation District System Improvements 2019:
(i) Project sponsor: Eden Valley Irrigation and Drainage District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of canal lining, sandtrap structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred fifty thousand dollars ($650,000.00);
(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 fifty-one thousand dollars ($351,000.00) or fifty-four percent (54%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three hundred fifty-one thousand dollars ($351,000.00) 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, 2026;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring forty-six percent (46%) of the total project budget from other sources;
(B) The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act.

Source notes for subsection (h): (Laws 2019, Ch. 55, § 1; 2024, Ch. 99, § 2.)

(j) Project - Interstate Diversion Structure Rehabilitation 2019:
(i) Project sponsor: Interstate Irrigation and Reservoir Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of a replacement diversion structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred twenty thousand dollars ($420,000.00);
(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 two hundred eighty-one thousand four hundred dollars ($281,400.00) 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 thirty-eight thousand six hundred dollars ($138,600.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) 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 II to the commission four hundred twenty thousand dollars ($420,000.00) 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, 2026.

Source Notes for subsection (j): (Laws 2024, Ch. 99, § 2.)

(k) Project - Lakeview Carter Creek Siphon/Spillway 2019:
(i) Project sponsor: Lakeview Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of a siphon/spillway structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred fifty-one thousand dollars ($351,000.00);
(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 two hundred thirty-five thousand one hundred seventy dollars ($235,170.00) 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 fifteen thousand eight hundred thirty dollars ($115,830.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) 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 II to the commission three hundred fifty-one thousand dollars ($351,000.00) 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, 2024.

Source notes for subsection (k): (Laws 2019, Ch. 55, § 1.)

(m) Project - Lovell Moncur Lateral Rehabilitation 2019:
(i) Project sponsor: Lovell Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of lateral pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million six hundred thirty-seven thousand four hundred two dollars ($2,637,402.00);
(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 as approved by the commission an amount not to exceed one million six hundred seventy thousand dollars ($1,670,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one million six hundred seventy thousand dollars ($1,670,000.00) 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, 2024;
(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 as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (m): (Laws 2019, Ch. 55, § 1.)

(n) Project - Midvale Irrigation District Rehabilitation 2019:
(i) Project sponsor: Midvale Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of lateral pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred twenty-six thousand dollars ($826,000.00);
(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 as approved by the commission an amount not to exceed five hundred fifty-nine thousand dollars ($559,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission five hundred fifty-nine thousand dollars ($559,000.00) 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, 2024;
(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 as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (n): (Laws 2019, Ch. 55, § 1.)

(o) Project - Shoshone Irrigation District Rehabilitation 2019:
(i) Project sponsor: Shoshone Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of lateral pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred ninety-seven thousand dollars ($597,000.000);
(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 as approved by the commission an amount not to exceed two hundred eighty-two thousand dollars ($282,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred eighty-two thousand dollars ($282,000.00) 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, 2024;
(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 as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (o): (Laws 2019, Ch. 55, § 1, 2023, Ch. 180, § 2.)

(p) Project - Wheatland Irrigation District Tunnel Dam Rehabilitation 2019:
(i) Project sponsor: Wheatland Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction for rehabilitation of a diversion dam structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five million five hundred thirty-eight thousand dollars ($5,538,000.00);
(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 million seven hundred ten thousand four hundred sixty dollars ($3,710,460.00) 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 million eight hundred twenty-seven thousand five hundred forty dollars ($1,827,540.00) or thirty-three percent (33%) of the 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 II to the commission five million five hundred thirty-eight thousand dollars ($5,538,000.00) 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, 2024.

Source notes for subsection (p): (Laws 2020, Ch. 113 § 2.)

(q) Project - Wind River Inter-Tribal Council Rehabilitation 2019:
(i) Project sponsor: Business council of the Eastern Shoshone Indian Tribe and business council of the Northern Arapaho Indian Tribe;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of canal laterals, control structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million eight hundred fifty-eight thousand dollars ($1,858,000.00);
(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 nine hundred twenty-nine thousand dollars ($929,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission nine hundred twenty-nine thousand dollars ($929,000.00) 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, 2025;
(vii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

W.S. 99-3-2406

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 2020 , ch. 113, § 2, eff. 3/17/2020.
Added by Laws 2019 , ch. 55, § 1, eff. 2/18/2019.