Wyo. Stat. § 99-3-704

Current through the 2024 legislative session
Section 99-3-704 - Level III construction projects-rehabilitation
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-104.

Source notes for subsection (a): (Laws 2002, Ch. 88, § 1.)

(b) Project - Lingle Water Supply Phase II:
(i) Project sponsor: Town of Lingle;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Design and construction of a transmission pipeline and storage facility needed to replace aged, inadequate infrastructure and miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven hundred eleven thousand dollars ($711,000.00);
(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 fifty-five thousand five hundred dollars ($355,500.00) or fifty percent (50%) 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 design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred fifty-five thousand five hundred dollars ($355,500.00) or fifty percent (50%) of the actual development costs, whichever is less; and
(vii) Appropriation: There is appropriated from water development account II to the commission seven hundred eleven thousand dollars ($711,000.00) 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 (b): (Laws 2002, Ch. 88, § 1.)

(c) Project - Riverton Valley Phase II Project:
(i) Project sponsor: Riverton Valley Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacing open ditches with piped laterals, miscellaneous structures and other appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred seventy thousand dollars ($670,000.00);
(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 approved by the commission an amount not to exceed three hundred thirty-five thousand dollars ($335,000.00) or one hundred percent (100%) of the materials cost, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three hundred thirty-five thousand dollars ($335,000.00) 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, 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 (c): (Laws 2002, Ch. 88, § 1.)

(d) Project - Shoshone Drop Structures Project:
(i) Project sponsor: Shoshone Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacing and rehabilitating drop structures in the Garland Canal and other miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred forty thousand dollars ($1,140,000.00);
(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 approved by the commission an amount not to exceed five hundred seventy thousand dollars ($570,000.00) or one hundred percent (100%) of the materials cost, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission five hundred seventy thousand dollars ($570,000.00) 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 (d): (Laws 2002, Ch. 88, § 1.)

(e) Project - Sidon Bitter Creek Crossing Rehabilitation Project:
(i) Project sponsor: Sidon Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Rehabilitation of the Bitter Creek crossing structure to assure the delivery of the water supply to district members and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred seventeen thousand dollars ($217,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed one hundred eight thousand five hundred dollars ($108,500.00) 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 six percent (6%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed one hundred eight thousand five hundred dollars ($108,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two hundred seventeen thousand dollars ($217,000.00) 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, 2007.

Source notes for subsection (e): (Laws 2002, Ch. 88, § 1.)

(f) Project - Sleepy Hollow Tank Rehabilitation Project:
(i) Project sponsor: Central Campbell County Improvement and Service District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: To stabilize tank settlement and modify pipeline connections, and to rehabilitate the Sleepy Hollow tank control house and miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred thousand dollars ($100,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for design, permit procurement, project land procurement and construction of the project an amount not to exceed fifty thousand dollars ($50,000.00) 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 fifty thousand dollars ($50,000.00) 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, 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 (f): (Laws 2002, Ch. 88, § 1.)

(g) Project - Small Water Development Projects:
(i) Project sponsors: Eligible public entities;
(ii) Project purpose: Multi-purpose - agriculture, recreation, environmental;
(iii) Project description: Rehabilitation and replacement of small dams, windmills, spring rehabilitation, pipeline rehabilitation, etc., to impound, develop and convey water for livestock, wildlife, environmental and recreational purposes;
(iv) Total project budget: Three million one hundred thousand dollars ($3,100,000.00);
(v) Project grant: The state of Wyoming shall grant to sponsors 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 five hundred fifty thousand dollars ($1,550,000.00) 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 one million five hundred fifty thousand dollars ($1,550,000.00) or as much thereof as is necessary to carry out the purpose of this subsection;
(vii) Definition: "Small project" means a project where estimated rehabilitation costs, permit procurement, 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 II.

Source notes for subsection (g): (Laws 2002, Ch. 88, § 1; 2003, Ch. 69, § 11; 2004, Ch. 118, § 11 and 12; 2005, ch. 147, § 7; 2006, ch. 105, § 7; 2007, Ch. 121, § 3; 2010, ch. 68, § 2, 2012, Ch. 14, §2, 2015, Ch. 23, § 2.)

(h) Project - Upton Water Tank Replacement Project:
(i) Project sponsor: Town of Upton;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Replacement of a failing water storage tank, pipeline and miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred seventeen thousand six hundred dollars ($317,600.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the final design, plans and specifications for the project an amount not to exceed one hundred fifty-eight thousand eight hundred dollars ($158,800.00) 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 one hundred fifty-eight thousand eight hundred dollars ($158,800.00) 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 II on July 1, 2006;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

W.S. 99-3-704

Amended by Laws 2015 , ch. 23, § 2, eff. 2/25/2015.
Amended by Laws 2012 , ch. 14, § 2, eff. 3/6/2012.