Section 99-3-703 - 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 2002, Ch. 88, § 1.)
(b) Project - Alpine Raw Water Project:(i) Project sponsor: Town of Alpine;(ii) Project purpose: Engineering design and specifications for a raw water supply system;(iii) Project description: Final engineering design and specifications, review of water rights, legal expenses for acquiring rights-of-way and permit procurement for a raw water supply system for the Town of Alpine and design of appurtenances necessary for the project to function in the manner intended;(iv) Total project budget: Fifty-five thousand six hundred dollars ($55,600.00);(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design and specifications, review of water rights, permit procurement, legal expenses to cover costs of exhibits and documents necessary to acquire rights-of-way of the project an amount not to exceed thirteen thousand nine hundred dollars ($13,900.00) or twenty-five percent (25%) of the actual development costs, whichever is less, for a term of five (5) 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 and specifications, review of water rights, permit procurement, legal expenses to cover costs of exhibits and documents necessary to acquire rights-of-way of the project an amount not to exceed twenty-seven thousand eight hundred dollars ($27,800.00) or fifty percent (50%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission forty-one thousand seven hundred dollars ($41,700.00) 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, 2006; and(viii) Special condition: The sponsor is responsible for acquiring twenty-five percent (25%) of the total project budget from other sources. Source notes for subsection (b): (Laws 2002, Ch. 88, § 1.)
(c) Big Horn Regional Joint Powers Board Pipeline Project: (i) Project sponsor: Big Horn Regional Joint Powers Board;(ii) Project purpose: Municipal, rural domestic water supply;(iii) Project description: Engineering design, construction engineering, permit procurement, land procurement, construction of a regional pipeline to connect the Worland well field to other systems in the Big Horn Basin, a river crossing and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Thirty-five million five hundred eighty thousand dollars ($35,580,000.00);(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 twenty-three million eight hundred thirty-eight thousand six hundred dollars ($23,838,600.00) 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 twenty-three million eight hundred thirty-eight thousand six hundred dollars ($23,838,600.00) 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, 2014;(vii) Special condition: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources. Source notes for subsection (c): (Laws 2002, Ch. 88, § 1; 2004, Ch. 118, § 8; 2007, Ch. 121, § 2; 2012, Ch. 14, § 2.)
(d) Project - Casper Zone II Water Supply Project:(i) Project sponsor: City of Casper;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Construction of a new water transmission pipeline and storage facilities to service growth in the eastern area of Casper and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Three million one hundred eighty-eight thousand dollars ($3,188,000.00);(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, construction engineering, land acquisition and related legal expenses, and construction of the project an amount not to exceed one million five hundred ninety-four thousand dollars ($1,594,000.00) or fifty percent (50%) 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, construction engineering, project land procurement, and construction of the project an amount not to exceed one million five hundred ninety-four thousand dollars ($1,594,000.00) or fifty percent (50%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission three million one hundred eighty-eight thousand dollars ($3,188,000.00) 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, 2007. Source notes for subsection (d): (Laws 2002, Ch. 88, § 1.)
(e) Project - Laramie East Side Tank Project:(i) Project sponsor: City of Laramie;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Construction of a new water transmission pipeline and storage facilities to service growth in the eastern area of Laramie and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Nine million five hundred sixty thousand dollars ($9,560,000.00);(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, construction engineering, project land procurement and construction of the project an amount not to exceed four million seven hundred eighty thousand dollars ($4,780,000.00) 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 four million seven hundred eighty thousand dollars ($4,780,000.00) 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, 2008;(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (e): (Laws 2002, Ch. 88, § 1; 2003, Ch. 69, § 10; 2007, Ch. 121, § 2.)
(f) Project - Little Snake River Small Dams and Reservoirs Phase II 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: Four hundred sixty-five thousand dollars ($465,000.00);(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-six thousand dollars ($186,000.00) 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 six percent (6%);(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-nine thousand dollars ($279,000.00) 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 sixty-five thousand dollars ($465,000.00) 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, 2013;(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; and(C) The sponsor shall be responsible for obtaining all permits and clearances necessary for construction of the project.(ix) Supplemental project budget: Three hundred eighty-seven thousand dollars ($387,000.00);(x) 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 two hundred fifty-nine thousand two hundred ninety dollars ($259,290.00) 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, construction engineering and construction of the project;(xi) Supplemental project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission an amount not to exceed one hundred twenty-seven thousand seven hundred ten dollars ($127,710.00) or thirty-three percent (33%) of the additional funds needed to complete the project, 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 rate of four percent (4%). Supplemental loan funds may be used for design, construction engineering and construction of the project;(xii) Supplemental appropriation: There is appropriated from water development account I to the commission an additional three hundred eighty-seven thousand dollars ($387,000.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total eight hundred fifty-two thousand dollars ($852,000.00), 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, 2013; and(xiii) Special supplemental conditions:(A) The supplemental appropriation is based upon a different grant and loan ratio 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;(B) The sponsor shall deposit cash or other securities valued at the full amount of the supplemental 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; and(C) Supplemental funding shall be limited to the twelve (12) projects identified and recommended for construction in the Little Snake River Basin Small Reservoir Development Project, the Doty Mountain Five Project, Coal Gulch Dam Project and the Grieve Reservoir Project. The sponsor shall obtain the approval of the commission prior to the construction of any individual facility. Source notes for subsection (f): (Laws 2002, Ch. 88, § 1; 2006, Ch. 105, § 5; 2008, Ch. 75, § 2; 2010, ch. 68, § 2.)
(g) Project - Pinedale Intake Project: (i) Project sponsor: Town of Pinedale;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Redesign and construction of the town's intake located at Fremont Lake to address icing conditions due to drought related lowering of the lake which caused ice to encase the intake pipeline and lift the submerged section of the pipeline when the lake level rose in the spring and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One hundred ninety-three thousand dollars ($193,000.00);(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, construction engineering, project land procurement and construction of the project an amount not to exceed ninety-six thousand five hundred dollars ($96,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of ten (10) 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 a the project an amount not to exceed ninety-six thousand five hundred dollars ($96,500.00) or fifty percent (50%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one hundred ninety-three thousand dollars ($193,000.00) 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, 2006. Source notes for subsection (g): (Laws 2002, Ch. 88, § 1.)
(h) Project - Sinclair Water Supply Project:(i) Project sponsor: Town of Sinclair;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Design and construction of a pipeline and storage tank to integrate with a larger project that is needed to address an Environmental Protection Agency administrative order issued to the Town of Sinclair to comply with the Safe Drinking Water Act and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One million three hundred forty-five thousand dollars ($1,345,000.00);(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, construction engineering, project land procurement and construction of the project an amount not to exceed six hundred seventy-two thousand five hundred dollars ($672,500.00) 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 six hundred seventy-two thousand five hundred dollars ($672,500.00) 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, 2007;(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (h): (Laws 2002, Ch. 88, § 1.)
(j) Project - Small Water Development Projects:(i) Project sponsors: Eligible public entities;(ii) Project purpose: Multi-purpose - agriculture, recreation, environmental;(iii) Project description: Construction of small dams, windmills, spring development, pipelines, etc., to impound, develop and convey water for livestock, wildlife, irrigation, environmental and recreational purposes;(iv) Total project budget: Four million five hundred thousand dollars ($4,500,000.00);(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 two million two hundred fifty thousand dollars ($2,250,000.00) 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 two million two hundred fifty thousand dollars ($2,250,000.00) or as much thereof as is necessary to carry out the purpose of this subsection;(vii) Definition: "Small project" means a project where estimated construction costs, permit procurement, construction engineering and project land procurement are one hundred thousand dollars ($100,000.00) or less, and where the maximum financial contribution from the commission is twenty-five thousand dollars ($25,000.00) or less;(viii) Special conditions: (A) Repealed By Laws 2004, Ch. 118, § 12.(B) The commission shall establish eligibility criteria and administration procedures for development of small projects;(C) The commission may grant a sponsor fifty percent (50%) of the construction cost of a project with a maximum grant awarded limited to twenty-five thousand dollars ($25,000.00);(D) The project sponsors must substantiate the public benefit that will be derived from proposed projects;(E) The commission may make monthly progress payments for no more than fifty percent (50%) of eligible monthly project expenses;(F) An appropriate land management or resource management entity must certify that the proposed project will meet expectations and that appropriate engineering standards, as approved by the commission, will be adhered to;(G) 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.(ix) No new project shall be authorized under this subsection on or after July 1, 2014;(x) As of July 1, 2017, all remaining funds in this appropriation shall revert to water development account I. Source notes for subsection (j): (Laws 2002, Ch. 88, § 1; 2003, Ch. 69, § 11; 2004, Ch. 118, § 10 and 12; 2005, ch. 147, § 6; 2006, ch. 105, § 5; 2007, Ch. 121, § 3; 2010, ch. 68, § 2, 2012, Ch. 14, § 2, 2015, Ch. 23, § 2.)
(k) Project - Torrington Raw Water Project:(i) Project sponsor: City of Torrington;(ii) Project purpose: Raw water irrigation supply;(iii) Project description: Drilling and construction of three (3) groundwater wells to irrigate greenways to assist the city with complying with an administrative order issued by the Environmental Protection Agency regarding compliance with the Safe Drinking Water Act and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One hundred ninety-two thousand dollars ($192,000.00);(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 ninety-six thousand dollars ($96,000.00) 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 ninety-six thousand dollars ($96,000.00) 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, 2007; and(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (k): (Laws 2002, Ch. 88, § 1.)
(m) Project - Wright Well and Pipeline Project:(i) Project sponsor: Wright Water and Sewer District;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Design and construction of a new groundwater well and pipeline and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Six hundred thousand dollars ($600,000.00);(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, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred thousand dollars ($300,000.00) or fifty percent (50%) 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 design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred thousand dollars ($300,000.00) or fifty percent (50%) of the actual development costs, whichever is less;(vii) There is appropriated from water development account I to the commission six hundred thousand dollars ($600,000.00) 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, 2007;(viii) Special condition: Funding is contingent upon the sponsor complying, to the satisfaction and approval of the commission, with the restrictions specified in an agreement between the sponsor and the commission dated September 10, 1987 relating to the sale of water for uses other than for municipal or domestic purposes.Amended by Laws 2015 , ch. 23, § 2, eff. 2/25/2015.Amended by Laws 2012 , ch. 14, § 2, eff. 3/6/2012.