Wyo. Stat. § 99-3-804

Current through the 2024 legislative session
Section 99-3-804 - 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 2003, Ch. 69, § 1.)

(b) Project - Basin Raw Water Supply Project:
(i) Project sponsor: Town of Basin;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Rehabilitation and expansion of existing facilities to provide a more certain raw water supply and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred four thousand dollars ($404,000.00);
(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 two thousand dollars ($202,000.00) 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 two hundred two thousand dollars ($202,000.00) 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, 2008; 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 (b): (Laws 2003, Ch. 69, § 1.)

(c) Project - Big Piney Water Supply Project:
(i) Project sponsor: Town of Big Piney;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Construction of a new storage tank, transmission pipeline to connect the town of Big Piney's and the town of Marbleton's water systems together and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million twenty-five thousand dollars ($1,025,000.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed five hundred twelve thousand five hundred dollars ($512,500.00) 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 five hundred twelve thousand five hundred dollars ($512,500.00) 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 II on July 1, 2008; 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 2003, Ch. 69, § 1; 2005, ch. 147, § 8.)

(d) Project - Byron Raw Water Supply:
(i) Project sponsor: Town of Byron;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Design and construction of needed improvements to the sponsor's existing raw water irrigation system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million three hundred fifty thousand dollars ($2,350,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design and construction engineering of the project an amount not to exceed four hundred thirty-five thousand dollars ($435,000.00) or one hundred percent (100%) of the actual engineering costs, as described in subparagraph (d)(viii)(B), 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 interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed one million one hundred twenty-six thousand dollars ($1,126,000.00) or one hundred percent (100%) of the approved material costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one million five hundred sixty-one thousand dollars ($1,561,000.00) 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, 2010; and
(viii) Special conditions:
(A) The sponsor is responsible for acquiring the balance of the total project budget from other sources;
(B) The loan provided in paragraph (v) of this subsection includes one hundred seventy thousand two hundred thirteen dollars and ninety cents ($170,213.90) to reimburse the commission for funds provided to the sponsor prior to December 31, 2007. With the remaining balance of the loan, the sponsor is responsible for retaining professional engineering services to design the project, compile materials bidding documents, and monitor construction activities including the installation of project components and the tracking of project expenditures;
(iv) "Account" means the Gillette Madison pipeline account into which all funds appropriated by this section shall be deposited. Funds in the account shall be reserved for the project. All unexpended funds appropriated by this section shall be transferred to the account.

Source notes for subsection (a): (Laws 2009, Ch. 103, § 1; 2011, Ch. 61 § 1.)

Source notes for subsection (a): (Laws 2009, Ch. 103, § 1;.)

(e) Project - Casper Alcova Tunnel Rehabilitation Project:
(i) Project sponsor: Casper Alcova Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Rehabilitation of tunnels that are part of the sponsor's water delivery system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred seventy thousand dollars ($170,000.00);
(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 eighty-five thousand dollars ($85,000.00) 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 interest 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 design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed eighty-five thousand dollars ($85,000.00) 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 one hundred seventy thousand dollars ($170,000.00) 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, 2008.

Source notes for subsection (e): (Laws 2003, Ch. 69, § 1.)

(f) Project - Deaver Flume Rehabilitation Project:
(i) Project sponsor: Deaver Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacing and rehabilitating the Marchant Coulee Flume and the Deaver Flume 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 purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed two hundred ten thousand dollars ($210,000.00) 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 two hundred ten thousand dollars ($210,000.00) 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, 2008; 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 2003, Ch. 69, § 1; 2005, ch. 147, § 9.)

(g) Project - Greybull Highway 14 Crossing Project:
(i) Project sponsor: Town of Greybull;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Relocation of the sponsor's water supply pipelines that conflict with the planned reconstruction of U.S. Highway 14 as requested by the Wyoming department of transportation and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred forty thousand dollars ($240,000.00);
(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 twenty thousand dollars ($120,000.00) or fifty percent (50%) 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 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 twenty thousand dollars ($120,000.00) 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 two hundred forty thousand dollars ($240,000.00) 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, 2008.

Source notes for subsection (g): (Laws 2003, Ch. 69, § 1.)

(h) Project - Hanover Flume Rehabilitation Project:
(i) Project sponsor: Hanover Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Recoating or relining the Hanover Flume across the Big Horn River and miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eighty-seven thousand dollars ($87,000.00);
(v) Funding option I:
(A) Project loan: The state of Wyoming may 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 forty-three thousand five hundred dollars ($43,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term as approved by the commission which shall range from ten (10) to thirty (30) years, depending upon the estimated service life of the selected rehabilitation measure, from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of six percent (6%);
(B) Project grant: The state of Wyoming may 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 forty-three thousand five hundred dollars ($43,500.00) or fifty percent (50%) of the actual development costs, whichever is less.
(vi) Funding option II:
(A) That state of Wyoming may 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 forty-three thousand five hundred dollars ($43,500.00) or one hundred percent (100%) of the cost of the materials, whichever is less;
(B) The sponsor shall be responsible for acquiring fifty percent (50%) of the total project budget from other sources.
(vii) Appropriation: There is appropriated from water development account II to the commission eighty-seven thousand dollars ($87,000.00) 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, 2008; and
(viii) Special conditions:
(A) The sponsor shall be responsible for securing construction review services of a registered engineer; and
(B) The sponsor shall be responsible for identifying which funding option is preferred before construction commences.

Source notes for subsection (h): (Laws 2003, Ch. 69, § 1.)

(j) Project - Highline Canal Rehabilitation Project:
(i) Project sponsor: Shell Valley Watershed Improvement District;
(ii) Project purpose: Multi-purpose - agriculture, rural domestic;
(iii) Project description: Replacing the existing diversion structure, replacing open ditches with piped ditches, installation of new delivery structures and appurtenances for the project to function in the manner intended;
(iv) Total project budget: One million one hundred seventy-six thousand dollars ($1,176,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the development costs paid through December 1, 2007, an amount not to exceed sixty-one thousand dollars ($61,000.00) or one hundred percent (100%) of the actual development costs paid through December 1, 2007, 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 interest 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 purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed seven hundred forty-seven thousand fifty dollars ($747,050.00) or one hundred percent (100%) of the approved material costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission eight hundred eight thousand fifty dollars ($808,050.00) 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, 2014; and
(viii) 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 approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials bidding documents, and monitor construction activities including the installation of project components and the tracking of project expenditures.

Source notes for subsection (j): (Laws 2003, Ch. 69, § 1; 2008, Ch. 75, § 2; 2012, Ch. 14, § 2.)

(k) Project - Jon's Drop/Four Mile Flume Rehabilitation Project:
(i) Project sponsor: Savery-Little Snake Water Conservancy District;
(ii) Project purpose: Irrigation;
(iii) Project description: Rehabilitation of the Jon's Drop and the Four Mile Flume and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred forty-two thousand dollars ($142,000.00);
(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 seventy-one thousand dollars ($71,000.00) 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 interest 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 seventy-one thousand dollars ($71,000.00) 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 one hundred forty-two thousand dollars ($142,000.00) 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, 2008.

Source notes for subsection (k): (Laws 2003, Ch. 69, § 1.)

(m) Project - LeClair Laterals Rehabilitation Project:
(i) Project sponsor: LeClair Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacing open ditches with piped systems, rehabilitating miscellaneous structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total Project budget: One million one hundred thirty thousand dollars ($1,130,000.00);
(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 sixty-five thousand dollars ($565,000.00) 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 sixty-five thousand dollars ($565,000.00) 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, 2012; and
(vii) Special conditions:
(A) The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(B) The sponsor is responsible for retaining design and construction management services of a certified professional engineer.

Source notes for subsection (m): (Laws 2003, Ch. 69, § 1; 2009, Ch. 38, § 2.)

(n) Project - North Alpine Rehabilitation Project:
(i) Project sponsor: North Alpine Improvement and Service District;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Construction of a new well, storage tank, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred fourteen thousand dollars ($514,000.00);
(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-seven thousand dollars ($257,000.00) 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 two hundred fifty-seven thousand dollars ($257,000.00) 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, 2008; 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 (n): (Laws 2003, Ch. 69, § 1.)

(o) Project - Pine Bluffs Brule Formation Water Project:
(i) Project sponsor: Town of Pine Bluffs;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Construction of new pipeline to connect the wells drilled during the groundwater study program and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred fifty thousand dollars ($250,000.00);
(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 twenty-five thousand dollars ($125,000.00) 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 interest 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 twenty-five thousand dollars ($125,000.00) 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 two hundred fifty thousand dollars ($250,000.00) 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, 2008.

Source notes for subsection (o): (Laws 2003, Ch. 69, § 1.)

(p) Project - Rafter J Rehabilitation Project:
(i) Project sponsor: Rafter J Improvement and Service District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of the existing system, drilling another water supply well, construction of storage, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred three thousand dollars ($1,103,000.00);
(v) Repealed By Laws 2005, ch. 147, § 13.
(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 five hundred fifty-one thousand five hundred dollars ($551,500.00) 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 five hundred fifty-one thousand five hundred dollars ($551,500.00) 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 II on July 1, 2010;
(viii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the balance of the total project budget from other sources;
(ix) Supplemental project budget: Six hundred fifty thousand dollars ($650,000.00);
(x) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed four hundred thirty-five thousand five hundred dollars ($435,500.00) 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 appropriation: There is appropriated from water development account II to the commission an additional six hundred thousand five hundred dollars ($600,500.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total one million one hundred fifty-two thousand dollars ($1,152,000.00), 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, 2012; and
(xii) 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.
(xiii) Supplemental project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission an amount not to exceed one hundred sixty-five thousand dollars ($165,000.00) or thirty-three percent (33%) of the additional funds needed to complete the project, 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 four percent (4%). Supplemental loan funds may be used for design, construction engineering and construction of the project.

Source notes for subsection (p): (Laws 2003, Ch. 69, § 1; 2005, ch. 147, § 10 and 13; 2006, ch. 105, § 13; 2007, Ch. 121, § 2.)

(q) Project - Riverton Valley Underflow Project:
(i) Project sponsor: Riverton Valley Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacing and rehabilitating four (4) underflow structures to improve their flood and return flow handling capability and appurtenances necessary for the project to function in the manner intended;
(iv) Total project budget: One hundred forty thousand dollars ($140,000.00);
(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 seventy thousand dollars ($70,000.00) or fifty percent (50%) 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 II through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed seventy thousand dollars ($70,000.00) 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 one hundred forty thousand dollars ($140,000.00) 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, 2008.

Source notes for subsection (q): (Laws 2003, Ch. 69, § 1.)

(r) Project - Sheridan Pipeline Rehabilitation Project:
(i) Project sponsor: City of Sheridan;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Construction and replacement of transmission pipelines, including approximately twelve (12) miles of existing sixteen (16) inch diameter water pipeline with a new twenty (20) inch diameter water pipeline, transmission pipelines that deliver water to the South Hill area and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eleven million three hundred sixty-eight thousand dollars ($11,368,000.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed five million six hundred eighty-four thousand dollars ($5,684,000.00) 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 five million six hundred eighty-four thousand dollars ($5,684,000.00) 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, 2008; 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 (r): (Laws 2003, Ch. 69, § 1; 2005, ch. 147, § 11.)

(s) Project - Smiths Fork Flume Installation Project:
(i) Project sponsor: Smiths Fork Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Installing new measuring flumes, as requested by the state engineer's office and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Thirty thousand dollars ($30,000.00);
(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 fifteen thousand dollars ($15,000.00) 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 fifteen thousand dollars ($15,000.00) 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, 2008; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

W.S. 99-3-804

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