Wyo. Stat. § 99-3-303

Current through the 2024 legislative session
Section 99-3-303 - 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 1999, ch. 16, § 1.)

(b) Project - Aladdin Water Supply Project:
(i) Project sponsor: Wyoming Water Development Commission;
(ii) Project purpose: Municipal, domestic and to provide water to facilitate highway construction;
(iii) Project description: Authorization for the commission to sell water from a well constructed from water development program funds to the Aladdin Water District and to the Wyoming department of transportation;
(iv) Special Conditions:
(A) In the event the Wyoming department of transportation opts to not install a well pump, meter and related appurtenances needed to obtain water from the water development program well, the Aladdin Water District shall be responsible for installation of the well pump, well house, metering components and appurtenances necessary for the Wyoming department of transportation to access the well and for the Aladdin Water District to convey water to its customers. Prior to installation, the components proposed for installation and the method of construction shall be approved by the commission;
(B) The Aladdin Water District shall be assessed a fee at a rate of one dollar and twenty cents ($1.20) per one thousand (1000) gallons and shall annually remit payment for water used to the commission by December 1 of each year. A five (5) year term water service contract with a five (5) year renewal option shall be negotiated between the commission and the Aladdin Water District. All expenditures necessary to pump, meter and deliver water to its customers shall be borne by the Aladdin Water District. Upon the expiration of the original water service contract, the Aladdin Water District shall be granted the option of renewing and renegotiating a subsequent water service contract. The Wyoming water development commission reserves the right to increase or decrease the rate charged per one thousand (1000) gallons at each renewal and renegotiation of the contract;
(C) The Wyoming department of transportation, at its discretion and upon notification of the Wyoming water development office, may obtain water for state or federally funded highway projects from the state owned well at a rate of fifty cents ($0.50) per one thousand (1000) gallons and shall annually remit payment for water used to the commission by December 1 of each year. Upon request for service, a five (5) year term water service contract with a five (5) year renewal option shall be negotiated between the commission and the Wyoming department of transportation. Upon the expiration of the original water service contract, the Wyoming department of transportation shall be granted the option of renewing and renegotiating a subsequent water service contract. The Wyoming water development commission reserves the right to increase or decrease the rate charged per one thousand (1000) gallons at each renewal and renegotiation of the contract;
(D) If the Aladdin Water District has not installed the necessary appurtenances to pump, meter and convey water from the well constructed with water development program funds, the Wyoming department of transportation, may at its discretion and expense, install pumping, metering and other facilities necessary to access the Wyoming water development program water supply. Prior to installation, the components proposed to be installed and the method of construction shall be approved by the commission. The rate shall remain as specified in subparagraph (C) of this paragraph;
(E) The Aladdin Water District shall meter all water use and shall maintain water use records, documenting water used by the Aladdin Water District and water used by the Wyoming department of transportation. Meter readings and records are subject to audit by the commission.

Source notes for subsection (b): (Laws 1999, ch. 16, § 1.)

(c) Project - Centennial Water Supply Project:
(i) Project sponsor: Centennial Water and Sewer District;
(ii) Project purpose: Rural and domestic water supply;
(iii) Project description: Storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred ten thousand dollars ($110,000.00);
(v) 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 forty-four thousand dollars ($44,000.00) or forty percent (40%) 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 seven and one-quarter percent (7.25%);
(vi) 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 sixty-six thousand dollars ($66,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one hundred ten thousand dollars ($110,000.00) 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, 2002.

Source notes for subsection (c): (Laws 1999, ch. 16, § 1.)

(d) Project - Chugwater Water Supply Project:
(i) Project sponsor: Town of Chugwater;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facilities, transmission pipelines, valves, wells and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million thirteen thousand dollars ($2,013,000.00);
(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 one million two hundred seven thousand eight hundred dollars ($1,207,800.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million two hundred seven thousand eight hundred dollars ($1,207,800.00) 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, 2010;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources;
(viii) Supplemental project budget: Two hundred thousand dollars ($200,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission an amount not to exceed one hundred thirty-four thousand dollars ($134,000.00) or sixty-seven percent (67%) of the additional funds needed to complete the project, whichever is less. Supplemental grant funds may be used for design, permit procurement, project land procurement, construction engineering and construction of the project;
(x) Supplemental appropriation: There is appropriated from water development account I to the commission an additional one hundred thirty-four thousand dollars ($134,000.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total one million three hundred forty-one thousand eight hundred dollars ($1,341,800.00), 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, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring the remaining thirty-three percent (33%) of the total supplemental project budget from other sources;
(B) The supplemental appropriation is based upon a different grant percentage than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures.

Source notes for subsection (d): (Laws 1999, ch. 16, § 1; 2003, Ch. 69, § 3; 2005, ch. 147, § 3; 2006, ch. 105, § 4.)

(e) Project - Douglas Water Supply Project:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage improvements, Sheep Mountain well transmission pipeline, Boxelder spring improvements, fittings, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million four hundred fifty thousand dollars ($3,450,000.00);
(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 million seventy thousand dollars ($2,070,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million seventy thousand dollars ($2,070,000.00) 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, 2005;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources.

Source notes for subsection (e): (Laws 1999, ch. 16, § 1; 2003, Ch. 69, § 4.)

(f) Project - Jackson Raw Water Supply Project:
(i) Project sponsor: City of Jackson;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Three (3) alluvial wells, raw water pipelines, pump installation, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);
(v) 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 eighty thousand dollars ($180,000.00) or forty percent (40%) of the 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 seven and one-quarter percent (7.25%);
(vi) 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 seventy thousand dollars ($270,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred fifty thousand dollars ($450,000.00) 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, 2003.

Source notes for subsection (f): (Laws 1999, ch. 16, § 1.)

(g) Project - Laramie West Water Supply Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million nine hundred fifty thousand dollars ($2,950,000.00);
(v) 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 million one hundred eighty thousand dollars ($1,180,000.00) or forty percent (40%) of the 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 seven and one-quarter percent (7.25%);
(vi) 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 one million seven hundred seventy thousand dollars ($1,770,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two million nine hundred fifty thousand dollars ($2,950,000.00) 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, 2003.

Source notes for subsection (g): (Laws 1999, ch. 16, § 1.)

(h) Project - Little Snake River Small Dams and Reservoirs Project:
(i) Project sponsor: Little Snake River Conservation District;
(ii) Project purpose: Multi-purpose - agriculture, recreation;
(iii) Project description: Construction of small dams to impound water for livestock, wildlife and recreation use;
(iv) Total project budget: Two hundred sixty-five thousand dollars ($265,000.00);
(v) 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 six thousand dollars ($106,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of seven and one-quarter percent (7.25%);
(vi) 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 one hundred fifty-nine thousand dollars ($159,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two hundred sixty-five thousand dollars ($265,000.00) 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, 2003;

(viii) Special conditions:
(A) The sponsor shall deposit cash or other securities valued at the full amount of the loan in an escrow account, as deemed appropriate by the attorney general, which names the commission as the beneficiary or recipient in the event of default on the loan. Interest earnings on cash or securities deposited in the escrow account shall remain with the sponsor;
(B) Construction of dams and reservoirs shall be limited to all or a portion of the twelve (12) projects identified and recommended for construction in the Little Snake River Basin Small Reservoir Development Project. The sponsor shall obtain the approval of the commission prior to the construction of any individual facility.

Source notes for subsection (h): (Laws 1999, ch. 16, § 1; 2001, Ch. 2, § 5.)

(j) Project - Sheridan Raw Water Supply Project:
(i) Project sponsor: City of Sheridan;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Infiltration gallery, flushing system, raw water transmission pipelines, pump station installation, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million three hundred twenty-six thousand seven hundred dollars ($1,326,700.00);
(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 seven hundred ninety-six thousand dollars ($796,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission seven hundred ninety-six thousand dollars ($796,000.00) 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, 2003;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources.

Source notes for subsection (j): (Laws 1999, ch. 16, § 1; 2000, Ch. 96, § 2.)

(k) Project - Washakie Rural Water Supply Project:
(i) Project sponsor: Washakie Rural Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: The project consists of a rural potable water system extending from the Hot Springs County line on the south to the Big Horn County line on the north and encompasses most of the private lands along both banks of the Big Horn River. The project also includes construction of the water transmission and distribution system and appurtenances necessary to provide potable water service to the McNutt Improvement and Service District. Project components include transmission pipelines, storage facilities, booster pumps, valves, telemetry and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Sixteen million eight hundred ten thousand five hundred dollars ($16,810,500.00);
(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 eleven million two hundred sixty-three thousand dollars ($11,263,000.00) 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 eleven million two hundred sixty-three thousand dollars ($11,263,000.00) 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, 2009;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) Water users in the McNutt Improvement and Service District and water users in the sponsor's service area shall be assessed the same rate for similar types of water use. The sponsor is responsible for all water system related operational and maintenance activities of the Washakie Rural Improvement and Service District and the McNutt Improvement and Service District.

Source notes for subsection (k): (Laws 1999, ch. 16, § 1; 2001, Ch. 2, § 6; 2003, Ch. 69, § 5; 2004, Ch. 118, § 2; 2006, ch. 105, § 6; 2009, Ch. 38, § 2.)

(m) Project - Westside/Rock Springs Water Supply Project:
(i) Project sponsor: City of Green River, City of Rock Springs Sweetwater County, State of Wyoming Joint Powers Water Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines, telemetry, valves, fittings and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);
(v) 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 eighty thousand dollars ($180,000.00) or forty percent (40%) 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 seven and one-quarter percent (7.25%);
(vi) 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 seventy thousand dollars ($270,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred fifty thousand dollars ($450,000.00) 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, 2003.

W.S. 99-3-303