(a) As used in this act [§§ 99-1-101 through 99-1-105]:
(i) "Commission" means the Wyoming water development commission;
(ii) "Department" means the Wyoming department of economic planning and development;
(iii) "Project" means the Deer Creek dam, spillway, outlet works and appurtenances as described in Section 2 of this act [§ 99-1-102];
(iv) "Water development account" means the account created by W.S. 39-6-302(c) and 39-6-305(g). (Laws 1985, ch. 89, § 1.)
(a) The Deer Creek Reservoir Project consists of the following components:
(i) The Deer Creek dam;
(ii) An emergency spillway;
(iii) Outlet works consisting of a principal spillway and operating spillways;
(iv) Dam access roads;
(v) Embankment instrumentation;
(vi) Remote sensing and control features;
(vii) Gaging stations;
(viii) Power supply facilities;
(ix) Utility and road relocations as necessary to construct and implement the project;
(x) A boat ramp, a parking area for the boat ramp area and an access road to the boat ramp;
(xi) Appurtenances necessary to make the project complete and function in the manner intended. (Laws 1985, ch. 89, § 2.)
(a) The commission may expend remaining funds appropriated for the Level III study for this project in Chapter 52, 1984 Wyoming Session Laws, Section 5(a)(iii) to perform the following:
(i) Prepare environmental impact statements or assessments, as required;
(ii) Perform final designs;
(iii) Prepare plans and specifications;
(iv) Obtain options, land exchange or purchase agreements for the necessary project lands and easements;
(v) Procure the 404 Permit from the United States Army Corps of Engineers, the 401 Permit from the Wyoming department of environmental quality, and the permit to construct from the Wyoming state engineer's office;
(vi) Perform other incidental work required to prepare the project for construction.
(b) The commission may negotiate project sponsorship and water sales contracts with communities which demonstrate a need for water and desire to participate in the project. These contracts shall be subject to the approval of the governor.
(c) The commission may either purchase necessary project lands and easements and construct and operate the project in a manner consistent with this act or develop a project agreement with a sponsor in a manner consistent with the terms and conditions outlined in the agreements established under subsection (b) of this section and Section 4 of this act [§ 99-1-104].
(d) Upon review by the select water committee and approval of the governor, the commission may use not to exceed one million four hundred thousand dollars ($1,400,000.00) of the project appropriation to pursue alternatives to the project which provide equivalent municipal water supply benefits, assist the Casper Alcova Irrigation District in the resolution of selenium issues, assist the federal contractors of North Platte storage in the resolution of safety of dam issues, and seek long term solutions to endangered species issues in the Platte River basin including the state's participation in the "Cooperative Agreement for the Platte River Research and Other Efforts Relating to Endangered Species Habitats Along the Central Platte River, Nebraska". (Laws 1985, ch. 89, §§ 3a, 3b, 3c; 1996, ch. 59, § 5, 1998, ch. 38, § 3.)
(a) The primary purpose of the project is to supply municipal water to those Wyoming communities in the North Platte River drainage below Alcova Reservoir that demonstrate a need for water and wish to participate in the project; however, the use of stored water is not limited to municipal use.
(b) After the initial filling of the reservoir, the project shall be operated in such a manner as to provide a minimum pool of twelve thousand four hundred (12,400) acre feet unless the storage is required to meet municipal water demands.
(c) After initial filling of the reservoir, the project shall be operated in such a manner as to ensure the following monthly minimum releases unless making these releases will affect the project's capability to meet municipal demands: January 10cfs July 15cfs (Cubic feet per second) February 10cfs August 15cfs March 10cfs September 15cfs April 15cfs October 10cfs May 15cfs November 10cfs June 15cfs December 10cfs
(d) Nothing in this section shall interfere with the administration of Deer Creek pursuant to state law. (Laws 1985, ch. 89, §§ 4a, 4b, 4c, 4d.)
The total project budget is forty-five million dollars ($45,000,000.00). There is appropriated from that portion of the water development account funded from revenues pursuant to W.S. 39-6-305(g) to the commission five million two hundred fifty thousand dollars ($5,250,000.00) or as much thereof as is necessary to carry out the purposes of this act. Unexpended funds appropriated under this section shall revert to the account established in W.S. 99-99-1001(a)(vii) on July 1, 2010. (Laws 1985, ch. 89, § 5; 1996, ch. 59, § 5; 1999, ch. 16, § 2; 2010, ch. 68, § 2.)
(a) As used in this act [§§ 99-1-201 through 99-1-206]:
(i) "Board" means the Sheridan area water joint powers board;
(ii) "Commission" means the Wyoming water development commission;
(iii) "Project" means the Sheridan area water supply project as described in Section 2 of this act [§§ 99-1-201 through 99-1-206];
(iv) "Water development account I" means the account created by W.S. 41-2-124(a)(i). (Laws 1989, ch. 131, § 1; 1990, ch. 77, § 1.)
(a) The Sheridan area water supply project consists of the following components:
(i) Enlargement or rehabilitation of Twin Lakes Reservoirs;
(ii) Transmission pipelines within Sheridan's existing comprehensive plan boundary necessary to serve rural areas south, east, and west of Sheridan, Wyoming;
(iii) Transmission pipeline from the vicinity of the community of Big Horn to Sheridan's existing comprehensive plan boundary;
(iv) Main pipelines necessary to serve the city of Sheridan, Big Goose/Soldier Creek water district, Big Horn water district, Little Goose water district, Woodland Hills improvement district and the Southeast water and sewer district; and
(v) Raw water transmission pipeline from the Big Goose intake facility to the existing water treatment plant;
(vi) Miscellaneous piping, booster stations, valves, water storage facilities and appurtenances necessary to make the project complete and function in the manner intended with the exception of proposed water treatment and water distribution facilities. (Laws 1989, ch. 131, § 2; 1990, ch. 77, § 1; 1993, ch. 89, § 5; 1994, ch. 28, § 15.)
(a) The commission shall contract with the board for the design, permit procurement, construction and operation of the project in a manner consistent with Sections 4 and 5 of this act [§§ 99-1-204 and 99-1-205] and to administer the contract on behalf of the state of Wyoming.
(b) Upon execution of the contract outlined in Section 3(a) [§ 99-1-203(a)] the board may design, procure permits, construct and operate the project in a manner consistent with the terms and conditions outlined in the contract provided for in Sections 3(a) and 4 [§§ 99-1-203(a) and 99-1-204] of this act. (Laws 1989, ch. 131, §§ 3a, 3b; 1990, ch. 77, § 1; 1993, ch. 89, § 5.)
(a) The state of Wyoming shall make one (1) or more loans to the board from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project for a total amount not to exceed nine million three hundred one thousand five hundred dollars ($9,301,500.00) or twenty-five percent (25%) of the actual development costs, whichever is less, each loan being for a term of fifteen (15) years at an annual interest rate of four percent (4%) provided:
(i) The board and each participating agency of the board offers security as deemed adequate and acceptable to the attorney general;
(ii) The commission establishes repayment schedules in accordance with the conditions prescribed in this act [§§ 99-1-201 through 99-1-206];
(iii) The board establishes a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Payment of interest and principal and accrual of interest on each loan shall be deferred until five (5) years after substantial completion of each phase of the project as determined by the commission. The total amount of the loan for each phase of the project shall be determined by the commission upon completion of that Phase. Each loan shall be amortized over the remaining ten (10) years of the term; and
(v) Principal and interest payments made in repayment of each loan shall be deposited in Wyoming water development account I.
(b) The state of Wyoming shall grant to the board 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-seven million nine hundred four thousand five hundred dollars ($27,904,500.00) or seventy-five percent (75%) of the actual development costs, whichever is less. If the commission determines that the board has without good cause, abandoned completion of the project, the board and each participating agency of the board shall be obligated to immediately repay the full amount of all grant funds actually expended under this subsection plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure.
(c) The board shall supervise design and construction of the project and submit all requests for payment to the commission for approval.
(d) The board shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans.
(e) The commission shall make payments directly to the board.
(f) The board is responsible for all project expenditures in excess of the total project budget of thirty-seven million two hundred six thousand dollars ($37,206,000.00). (Laws 1989, ch. 131, §§ 4a, 4b, 4c, 4d, 4e, 4f; 1990, ch. 77, § 1; 1993, ch. 89, § 5; 1996, ch. 59, § 6.)
99-1-205. Terms; management plan; restriction on sale of water and the project; loan acceleration.
(a) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the board's municipal or domestic use without written prior approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the loans described in Section 4(a) of this act [§ 99-1-204(a)]. After the loans are paid in full the board shall receive twenty-five percent (25%) of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project and the state of Wyoming shall receive seventy-five percent (75%) of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project.
(b) There shall be no lease, sale, assignment or transfer of ownership of the project until the loans described in Section 4(a) [§ 99-1-204(a)] are paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the board shall receive twenty-five percent (25%) and the state of Wyoming shall receive seventy-five percent (75%) of the revenues generated by the lease, sale, assignment or transfer of ownership of the project. Before the board may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the board's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the board at the date the option is exercised.
(c) After the loans described in Section 4(a) of this act [§ 99-1-204(a)] are paid in full, the board may purchase the position of the state of Wyoming, as described in subsections
(a) and (b) of this section, for the amount of the grant described in Section 4(b) of this act [§ 99-1-204(b)] plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor.
(d) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of project water or the project itself shall be deposited in Wyoming water development account I.
(e) The board shall be responsible for operation and maintenance of the project. (Laws 1989, ch. 131, §§ 5a, 5b, 5c, 5d, 5e; 1990, ch. 77, § 1.)
There is appropriated from water development account I to the commission thirty-seven million two hundred six thousand dollars ($37,206,000.00) or as much thereof as is necessary to carry out the purpose of this act [§§ 99-1-201 through 99-1-206]. Unexpended funds appropriated under this section shall revert to the water development account I on July 1, 1999. (Laws 1989, ch. 131, § 6; 1990, ch. 77, § 1; 1993, ch. 89, § 5; 1996, ch. 59, § 6.)
(a) As used in this act [§§ 99-1-301 through 99-1-306]:
(i) "Board" means the City of Green River, Wyoming-City of Rock Springs, Wyoming-Sweetwater County, State of Wyoming joint powers water board;
(ii) "Commission" means the Wyoming water development commission;
(iii) "Project" means the Rock Springs/Green River area water supply project as described in Section 2 of this act [§ 99-1-302];
(iv) "Water development account I" means the account created by W.S. 41-2-124(a)(i). (Laws 1990, ch. 83, § 1.)
(a) The Rock Springs/Green River area water supply project consists of the following components:
(i) A diversion structure and intake facility;
(ii) A primary transmission pipeline from the existing water treatment plant in Green River, Wyoming to Rock Springs, Wyoming;
(iii) Secondary transmission pipelines to serve the Rock Springs and Green River areas;
(iv) Repealed by Laws 1994, ch. 28, § 11.
(v) Storage reservoirs; and
(vi) Miscellaneous piping, valves, pumping facilities and appurtenances necessary to make the project complete and function in the manner intended. (Laws 1990, ch. 83, § 2a; 1994, ch. 28, § 11.)
(a) The commission shall contract with the board for the design, permit procurement, construction and operation of the project in a manner consistent with Sections 4 and 5 of this act [§§ 99-1-304 and 99-1-305] and to administer the contract on behalf of the state of Wyoming. If the contract is not executed by July 1, 1991, the funds appropriated under this act shall revert to water development account I.
(b) Upon execution of the contract outlined in Section 3(a) [§ 99-1-303(a)], the board may design, procure permits, construct and operate the project in a manner consistent with the terms and conditions outlined in the contract provided for in Sections 3(a) and 4 of this act [§§ 99-1-303(a) and 99-1-304].
(c) The contract specified in subsection 3(a) of this act [§ 99-1-303(a)] shall be revised. Prior to the completion of the revised contract, the commission and board shall complete an agreement outlining the disposition of any compensation which may be received by the board as part of any settlement or judgment granted to the board by court decree relating to the contamination at the existing water treatment plant site. Any compensation or reimbursement received by the commission shall be deposited into water development account I. (Laws 1990, ch. 83, §§ 3a, 3b; 1994, ch. 28, § 11.)
(a) The state of Wyoming shall loan to the board 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 eight million nine hundred ten thousand dollars ($8,910,000.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of forty (40) years from the date the commission determines benefits accrue to the board at an annual interest rate of four percent (4%) provided:
(i) The board and each participating agency of the board offers security as deemed adequate and acceptable to the attorney general;
(ii) The commission establishes a repayment schedule in accordance with the conditions prescribed in this act;
(iii) The board establishes a sinking fund for repair and maintenance of the project as deemed appropriate by the commission; and
(iv) Principal and interest payments made in repayment of the loan shall be deposited in water development account I.
(b) The state of Wyoming shall grant to the board 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 eighteen million ninety thousand dollars ($18,090,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less. If the commission determines that the board has, without good cause, abandoned completion of the project, the board and each participating agency of the board shall be obligated to immediately repay the full amount of all grant funds actually expended under this subsection plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure.
(c) The board shall supervise design and construction of the project and submit all requests for payment to the commission for approval.
(d) The board shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans.
(e) The commission shall make payments directly to the board.
(f) The board is responsible for all project expenditures in excess of the total project budget of twenty-seven million dollars ($27,000,000.00).
(g) The board shall be responsible for operation and maintenance of the project. (Laws 1990, ch. 83, §§ 4(a)(intro), (i), (ii), (iii), (iv), 4b, 4c, 4d, 4e, 4f, 4g; 1994, Ch. 28, § 11.)
99-1-305. Terms; management plan; restriction on sale of water and the project; loan acceleration.
(a) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the board's municipal or domestic use without written prior approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the loan described in section 4(a) of this act [§ 99-1-304(a)] consistent with the provisions of W.S. 16-1-107(a)(iii). After that loan is paid in full the board shall receive thirty-three percent (33%) of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project and the state of Wyoming shall receive sixty-seven percent (67%) of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project consistent with the provisions of W.S. 16-1-107(a)(iii).
(b) There shall be no lease, sale, assignment or transfer of ownership of the project until the loan described in Section 4(a) is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the board shall receive thirty-three percent (33%) and the state of Wyoming shall receive sixty-seven percent (67%) of the revenues generated by the lease, sale, assignment or transfer of ownership of the project. Before the board may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the board's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the board at the date the option is exercised.
(c) After the loan described in Section 4(a) of this act is paid in full, the board may purchase the position of the state of Wyoming, as described in subsections (a) and (b) of this section, for the amount of the grant described in Section 4(b) of this act plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor.
(d) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of project water or the project itself shall be deposited in water development account I. (Laws 1990, ch. 83, §§ 5a, 5b, 5c, 5d; 1991, ch. 231, § 6.)
There is appropriated from water development account I to the commission twenty-seven million dollars ($27,000,000.00) or as much thereof as is necessary to carry out the purpose of this act [§§ 99-1-301 through 99-1-306]. Unexpended funds appropriated under this section shall revert to water development account I on July 1, 1998. (Laws 1990, ch. 83, § 6; 1994, ch. 28, § 11; 1997, ch. 45, § 5.)
(a) As used in this act [§§ 99-1-401 through 99-1-406]:
(i) "Board" means the Natrona county regional water system joint powers board;
(ii) "Commission" means the Wyoming water development commission;
(iii) "Project" means the Natrona County Regional Water Treatment Project as described in section 2 of this act [§ 99-1-402]. (Laws 1995, ch. 194, § 1.)
The project consists of increasing the capacity of an existing water treatment plant by nine million (9,000,000) gallons per day, improving a second water treatment plant, implementing a well head protection program and providing the appurtenances necessary to make the project complete and function in the manner intended. In addition, not to exceed three million dollars ($3,000,000.00) of the loan authorized by this act [§§ 99-1-401 through 99-1-406] shall be used for the procurement of water supply facilities necessary for the Natrona County Regional Water Supply Project. (Laws 1995, ch. 194, § 2.)
(a) The commission shall contract with the board for the design, construction and operation of the project in a manner consistent with sections 4 and 5 of this act [§§ 99-1-404 through 99-1-405] and to administer the contract on behalf of the state of Wyoming. If the contract is not completed by July 1, 1996, the funds authorized for loan by this act [§§ 99-1-401 through 99-1-406] shall revert back to the permanent Wyoming mineral trust fund.
(b) Upon execution of the contract outlined in section 3(a) of this act [§ 99-1-403(a)], the board may design and construct the project in a manner consistent with the terms and conditions outlined in the contract provided for in sections 3(a) and 4 of this act [§§ 99-1-403(a) and 99-1-404]. (Laws 1995, ch. 194, §§ 3a, 3b.)
(a) Unless the board elects to finance the project in accordance with subsection (d) of this section before entering into an agreement under this subsection, the state of Wyoming shall loan to the board from the permanent Wyoming mineral trust fund through the commission, for the design and construction of the project, an amount not to exceed twenty-three million dollars ($23,000,000.00) or the total actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the board, at an annual interest rate of eight percent (8%) provided:
(i) The board offers security as deemed adequate and acceptable to the attorney general;
(ii) The commission establishes a repayment schedule in accordance with the conditions prescribed in this act [§§ 99-1-401 through 99-1-406];
(iii) The board establishes a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Repayments of principal shall be deposited into the permanent mineral trust fund and payments of interest shall be deposited into the general fund.
(b) The board shall supervise construction of the project and submit all requests for payment to the commission for approval.
(c) The commission shall, upon review and approval of the board's request, make payments directly to the board.
(d) If the board elects to finance the project under this subsection, the state of Wyoming shall loan to the board from the permanent Wyoming mineral trust fund through the commission, for the design and construction of the project an amount not to exceed fourteen million dollars ($14,000,000.00) for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the board at an annual rate of four percent (4%). The balance of subsection (a) applies to this subsection. The loan under this subsection shall be made only if Natrona county imposes a one percent (1%) sales and use excise tax within the county as authorized under W.S. 39-6-412(k) to fund the balance of the project. Revenues from this tax shall be dedicated for the project authorized under this act [§§ 99-1-401 through 99-1-406] so that the balance of the amount necessary to fund the project is available to the project within two (2) years of the imposition of the tax or as soon thereafter as is practicable. Notwithstanding W.S. 39-6-412(k)(iii), the proposition to impose an excise tax solely to comply with this subsection and solely to fund the project authorized under this act [§§ 99-1-401 through 99-1-406] may be submitted to the electors of Natrona county if the county commissioners adopt a resolution for that purpose. (Laws 1995, ch. 194, §§ 4a, 4b, 4c, 4d.)
99-1-405. Terms; management plan; restriction on sale of water and the project.
(a) There shall be no lease, sale, assignment or transfer of ownership of water treated through the project for purposes other than the board's municipal or domestic use without prior written approval from the commission. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on any investment of state funds to construct the proposed Natrona County Regional Water Treatment Project.
(b) There shall be no lease, sale, assignment or transfer of ownership of the project until the investment described in section 4(a) of this act [§ 99-1-404(a)] is paid in full, and until prior written approval is obtained from the commission. Before the board may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the board's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the board at the date the option is exercised.
(c) The board shall be responsible for operation and maintenance of the project. (Laws 1995, ch. 194, §§ 5a, 5b, 5c.)
The state treasurer shall make available to the commission, an amount not to exceed twenty-three million dollars ($23,000,000.00) from the permanent Wyoming mineral trust fund for the loan authorized by this act [§§ 99-1-401 through 99-1-406]. (Laws 1995, ch. 194, § 6.)
(a) As used in this act [§§ 99-1-501 through 99-1-506]:
(i) "Board" means the city of Green River, Wyoming-City of Rock Springs, Wyoming-Sweetwater County, state of Wyoming joint powers water board;
(ii) "Commission" means the Wyoming water development commission;
(iii) "Project" means the Green River/Rock Springs water treatment plant as described in section 2 of this act [§ 99-1-502]. (Laws 1995, ch. 201, § 1.)
The project consists of a water treatment plant with a maximum capacity of thirty-two million (32,000,000) gallons per day to provide treated water for municipal and domestic purposes to the Green River/Rock Springs area. The project shall include appurtenances necessary to make the project complete and function in the manner intended. (Laws 1995, ch. 201, § 2.)
(a) The commission shall contract with the board for the design, construction and operation of the project in a manner consistent with sections 4 and 5 of this act [§§ 99-1-504 and 99-1-505] and to administer the contract on behalf of the state of Wyoming. If the contract is not completed by July 1, 1996, the funds authorized for loan by this act [§§ 99-1-501 through 99-1-506] shall revert back to the permanent Wyoming mineral trust fund. This contract shall be subject to review by the select water committee.
(b) Upon execution of the contract outlined in section 3(a) of this act [§ 99-1-503(a)], the board may design and construct the project in a manner consistent with the terms and conditions outlined in the contract provided for in sections 3(a) and 4 of this act [§§ 99-1-503(a) and 99-1-504]. (Laws 1995, ch. 201, §§ 3a, 3b.)
(a) Unless the board elects to finance the project in accordance with subsection (d) of this section before entering into an agreement under this subsection, the state of Wyoming shall loan to the board from the permanent Wyoming mineral trust fund through the commission, for the design and construction of the project, an amount not to exceed twenty-four million dollars ($24,000,000.00) or the total actual development costs, whichever is less, for a term of forty-five (45) years from the date the commission determines project benefits accrue to the board, at an annual interest rate of eight percent (8%), provided:
(i) The board offers security as deemed adequate and acceptable to the attorney general;
(ii) The commission establishes a repayment schedule in accordance with the conditions prescribed in this act [§§ 99-1-501 through 99-1-506];
(iii) The board establishes a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Repayments of principal shall be deposited into the permanent mineral trust fund and payments of interest shall be deposited into the general fund.
(b) The board shall supervise construction of the project and submit all requests for payment to the commission for approval.
(c) The commission shall, upon review and approval of the board's request, make payments directly to the board.
(d) If the board elects to finance the project under this subsection, the state of Wyoming shall loan to the board from the permanent Wyoming mineral trust fund through the commission, for the design and construction of the project an amount not to exceed seventeen million four hundred thousand dollars ($17,400,000.00) for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the board at an annual rate of four percent (4%). The balance of subsection (a) applies to this subsection. The loan under this subsection shall be made only if Sweetwater county imposes a one percent (1%) sales and use excise tax within the county as authorized under W.S. 39-6-412(k) to fund the balance of the project. Revenues from this tax shall be dedicated for the project authorized under this act [§§ 99-1-501 through 99-1-506] so that the balance of the amount necessary to fund the project is available to the project within two (2) years of the imposition of the tax or as soon thereafter as is practicable. Notwithstanding W.S. 39-6-412(k)(iii), the proposition to impose an excise tax solely to comply with this subsection and solely to fund the project authorized under this act [§§ 99-1-501 through 99-1-506] may be submitted to the electors of Sweetwater county if the county commissioners adopt a resolution for that purpose. (Laws 1995, ch. 201, §§ 4a, 4b, 4c, 4d.)
99-1-505. Terms; management plan; restriction on sale of water and the project.
(a) There shall be no lease, sale, assignment or transfer of ownership of water treated through the project for purposes other than the board's municipal or domestic use without prior written approval from the commission. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on any investment of state funds to construct the proposed Green River/Rock Springs water treatment plant.
(b) There shall be no lease, sale, assignment or transfer of ownership of the project until the investment described in section 4(a) of this act [§ 99-1-504(a)] is paid in full, and until prior written approval is obtained from the commission. Before the board may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the board's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the board at the date the option is exercised.
(c) The board shall be responsible for operation and maintenance of the project. (Laws 1995, ch. 201, §§ 5a, 5b, 5c.)
The state treasurer shall make available to the commission, an amount not to exceed twenty-four million dollars ($24,000,000.00) from the permanent Wyoming mineral trust fund for the loan authorized by this act [§§ 99-1-501 through 99-1-506]. (Laws 1995, ch. 201, § 6.)
(a) As used in this article:
(i) "Commission" means the Wyoming water development commission;
(ii) "Select water committee" means the select water committee created by W.S. 28-11-101;
(iii) "Office" means the Wyoming water development office created by W.S 9-2-2014;
(iv) "Water development account I" means the account created by W.S. 41-2-124(a)(i). Source Notes for subsection (a): (Laws 2018, Ch. 115, § 1.)
(a) Authorization is granted for the Lake DeSmet Reservoir project as provided in this section. Source Notes for subsection (a): (Laws 2018, Ch. 115, § 1.)
(b) Project – Lake DeSmet Reservoir:
(i) Project sponsor: State of Wyoming;
(ii) Project purpose: Agriculture, municipal, rural domestic and industrial water supply;
(iii) Project description: The purchase of:
(A) Water storage capacity in Lake DeSmet;
(B) Approximately four hundred forty-five (445) acres of land containing Healy Reservoir, the Clear Creek diversion structure and pumping facilities;
(C) Transmission pipeline related to the project;
(D) Funding for the Lake DeSmet Reservoir account as provided in subparagraph (vi)(D) of this subsection; and
(E) Associated water rights, easements and appurtenances necessary to make the project function in the manner intended. The project may also include closing costs as provided in subparagraph (vi)(C) of this subsection.
(iv) Total project budget: Four million five hundred thousand dollars ($4,500,000.00);
(v) Appropriation: There is appropriated from water development account I to the commission four million five hundred thousand dollars ($4,500,000.00) 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, 2021;
(vi) Special conditions:
(A) The office is hereby authorized to negotiate a purchase agreement with the owner of the project. The purchase agreement shall be submitted to the commission and governor for approval;
(B) Upon approval of a purchase agreement by the commission and governor, the commission is authorized to expend up to two million five hundred thousand dollars ($2,500,000.00) to purchase project components described in the approved purchase agreement;
(C) In addition to the authorized purchase price in the approved agreement, the office may use appropriated funds to pay fifty percent (50%) of the closing costs;
(D) Upon approval by the commission, any remaining funds from the appropriation under this section up to two million dollars ($2,000,000.00) shall be deposited in the Lake DeSmet Reservoir account created by W.S. 99-99-1001(a)(ix);
(E) Upon completion of the purchase of the project the office, with oversight from the commission, shall manage the project for the benefit of water users in this state. Source Notes for subsection (b): (Laws 2018, Ch. 115, § 1.)
(a) As used in this act [§ 99-2-101 through 99-2-104]:
(i) "Commission" means the Wyoming water development commission;
(ii) "Sponsor" means the municipality, irrigation district, water district, improvement and service district, water and sewer district or joint powers board that will receive funding for one of the projects identified in section 3 or 4 of this act [§ 99-2-103 or 99-2-104];
(iii) "Water development account I" means the account created by W.S. 41-2-124(a)(i);
(iv) "Water development account II" means the account created by W.S. 41-2-124(a)(ii). (Laws 1991, ch. 231, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§ 99-2-101 through 99-2-104] for the design, construction and operation of the project in a manner consistent with this act [§ 99-2-101 through 99-2-104] and to administer the contract on behalf of the state of Wyoming.
(b) Upon execution of the contract outlined in subsection
(a) of this section, the sponsor may design, construct and operate the project in a manner consistent with the terms and conditions outlined in the contract. (Laws 1991, ch. 231, § 2.)
99-2-103. Level III construction projects new development.
(a) Except as otherwise specifically provided, each Level III new development construction project identified in this section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;
(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;
(vi) The commission shall make payments directly to the sponsors;
(vii) The sponsor shall be responsible for operation and maintenance of the project;
(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;
(x) Principal and interest payments made in repayment of loans shall be deposited in water development account I;
(xi) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the designated project purpose without prior written approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the project loan. After that loan is paid in full, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project grant;
(xii) There shall be no lease, sale, assignment or transfer of ownership of any project until the project loan is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project grant. Before the sponsor may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the sponsor's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the sponsor at the date the option is exercised;
(xiii) After the project loan is paid in full, the sponsor may purchase the position of the state of Wyoming, as described in paragraphs (xi) and (xii) of this subsection, for the amount of the project grant plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor;
(xiv) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of any project or project water shall be deposited in water development account I. Source notes for subsection (a): (Laws 1991, ch. 231, § 3a.)
(b) Project - Airport Bench Water Supply:
(i) Project sponsor: Airport Bench Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline, storage facility, booster station, valves and appurtenances necessary to make the project complete and 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 eighteen thousand dollars ($18,000.00) or four percent (4%) of the actual development costs, whichever is less, for a term of thirty-five (35) 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 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 seven thousand dollars ($207,000.00) or forty-six percent (46%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two hundred twenty-five thousand dollars ($225,000.00) 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, 1995;
(viii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (b): (Laws 1991, ch. 231, § 3b.)
(c) Project-Big Horn Rural Water Supply:
(i) Project sponsor: Northwest Rural Water District:
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Transmission pipelines, connections to the Shoshone municipal pipeline, pump stations, storage facilities, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Eleven million four hundred ten thousand dollars ($11,410,000.00);
(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 three million seven hundred sixty-five thousand three hundred dollars ($3,765,300.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of forty (40) 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 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 million six hundred forty-four thousand seven hundred dollars ($7,644,700.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission eleven million four hundred ten thousand dollars ($11,410,000.00) 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, 1999. Source notes for subsection (c): (Laws 1991, ch. 231, § 3c; 1995, ch. 206, § 6; 1996, ch. 59, § 7; 1997, ch. 45, § 6.)
(d) Project - Bridger Valley Pipeline:
(i) Project sponsor: Bridger Valley Joint Powers Board;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Transmission pipeline, intake structure, outlet structure, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Six hundred twenty-five thousand dollars ($625,000.00);
(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 two hundred six thousand two hundred fifty dollars ($206,250.00) or thirty-three percent (33%) 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 four percent (4%);
(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 four hundred eighteen thousand seven hundred fifty dollars ($418,750.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission six hundred twenty-five thousand dollars ($625,000.00) 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, 1994. Source notes for subsection (d): (Laws 1991, ch. 231, § 3d.)
(e) [Project - Glendo Water Supply] Source notes for subsection (e): (Laws 1991, ch. 231, § 3e; Repealed by Laws 1992, ch. 28, § 7b.)
(f) Project - Hulett Water Supply:
(i) Project sponsor: Town of Hulett;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Pump station, transmission pipeline, connection to the existing system, valves and appurtenances necessary to make the project complete and 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 I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eighty-two thousand five hundred dollars ($82,500.00) 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 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 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 sixty-seven thousand five hundred dollars ($167,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I 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 I on July 1, 1995;
(viii) Special conditions:
(A) An amount not to exceed fifty thousand dollars ($50,000.00) or thirty-three percent (33%) of the actual construction costs of the groundwater well completed during the Level II study, whichever is less, shall be added to the loan amount provided in paragraph (v) of this subsection;
(B) Payment of interest and principal and accrual of interest on the loan shall be deferred until one (1) year after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining nineteen (19) years of the term. Source notes for subsection (f): (Laws 1991, ch. 231, § 3f.)
(g) Project - Pinedale Water Supply:
(i) Project sponsor: Town of Pinedale;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: A transmission pipeline, connections to the existing system, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three hundred twenty thousand dollars ($320,000.00);
(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 five thousand six hundred dollars ($105,600.00) 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 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 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 fourteen thousand four hundred dollars ($214,400.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission three hundred twenty thousand dollars ($320,000.00) 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, 1994. Source notes for subsection (g): (Laws 1991, ch. 231, § 3g.)
(h) Project-Upton Water Supply:
(i) Project sponsor: Town of Upton;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the sponsor's water supply system as approved by the commission;
(iv) Total project budget: Three hundred sixty-five thousand dollars ($365,000.00);
(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 twenty thousand four hundred fifty dollars ($120,450.00) or thirty-three percent (33%) 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 interest rate of four percent (4%);
(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 forty-four thousand five hundred fifty dollars ($244,550.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission three hundred sixty-five thousand dollars ($365,000.00) 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, 1996.
(viii) Repealed by 1992 Wyoming Session Laws, Chapter 28, Section 5. Source notes for subsection (h): (Laws 1991, ch. 231, § 3h; 1992, ch. 28, § 5; 1994, ch. 28, § 12.)
99-2-104. Level III construction projects-rehabilitation.
(a) Except as otherwise specifically provided, each Level III rehabilitation construction project identified in this section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;
(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;
(vi) The commission shall make payments directly to the sponsors;
(vii) The sponsor shall be responsible for operation and maintenance of the project;
(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;
(x) Principal and interest payments made in repayment of loans shall be deposited in water development account II. Source notes for subsection (a): (Laws 1991, ch. 231, § 4a.)
(b) Project - Afton Water Supply:
(i) Project sponsor: Town of Afton;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Spring renovation, transmission pipeline replacement, storage tank, pump station, pipeline connection to the existing system, a groundwater well, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two million six hundred thousand dollars ($2,600,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred thousand dollars ($1,300,000.00) 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 four percent (4%);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred thousand dollars ($1,300,000.00) 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 million six hundred thousand dollars ($2,600,000.00) 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 II on July 1, 1995;
(viii) Special conditions: If the town installs a hydroelectric generation facility into the project, the profits derived from the power generation, after debt service and operation, maintenance and replacement costs, shall be utilized to reduce the principal of the loan provided in paragraph (v) of this subsection. After the principal on the loan has been retired, the profits from the power generation shall belong to the town. Source notes for subsection (b): (Laws 1991, ch. 231, § 4b.)
(c) Project - Chamberlain Reservoir:
(i) Project sponsor: LaPrele Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to the existing embankment, outlet works, principal, north, and emergency spillways, and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred fifty thousand dollars ($150,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed seventy-five thousand dollars ($75,000.00) 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 four percent (4%);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed seventy-five thousand dollars ($75,000.00) 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 one hundred fifty thousand dollars ($150,000.00) 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, 1994;
(viii) Special conditions: Upon completion of the project contract the commission shall reamortize the balance of the principal, as of January 1, 1991, of the existing loan provided in the 1984 Wyoming Session Laws, Chapter 25, Section 1(b) on the basis of an interest rate of four percent (4%) and twenty-four (24) annual payments. Source notes for subsection (c): (Laws 1991, ch. 231, § 4c.)
(d) Project - Cheyenne North Crow Reservoir:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing North Crow dam, spillway and outlet works and to the existing diversion dam and outlet works and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three million five hundred thousand dollars ($3,500,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred fifty thousand dollars ($1,750,000.00) 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 four percent (4%);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred fifty thousand dollars ($1,750,000.00) 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 three million five hundred thousand dollars ($3,500,000.00) 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, 1995. Source notes for subsection (d): (Laws 1991, ch. 231, § 4d.)
(e) Project-Douglas Water Supply:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing intake structure on the North Platte River and to existing facilities at the Little Box Elder Springs and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Four hundred thousand dollars ($400,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thousand dollars ($200,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of forty (40) 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thousand dollars ($200,000.00) 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 four hundred thousand dollars ($400,000.00) 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, 1994;
(viii) Repealed by Laws 1992, ch. 28, § 6. Source notes for subsection (e): (Laws 1991, ch. 231, § 4e; 1992, ch. 28, § 6.)
(f) Project - Etna Diversion Dam:
(i) Project sponsor: Etna Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Replacement of the existing diversion dam and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two hundred thousand dollars ($200,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thousand dollars ($100,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of fifteen (15) 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thousand dollars ($100,000.00) 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 thousand dollars ($200,000.00) 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, 1995. Source notes for subsection (f): (Laws 1991, ch. 231, § 4f.)
(g) Project - Shoshoni Water Supply:
(i) Project sponsor: Town of Shoshoni;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing well field, storage tank, transmission and water supply pipeline; installation of a telemetry system; and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred forty thousand dollars ($740,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred seventy thousand dollars ($370,000.00) 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 benefits accrue to the district, 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred seventy thousand dollars ($370,000.00) 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 seven hundred forty thousand dollars ($740,000.00) 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, 1994. Source notes for subsection (g): (Laws 1991, ch. 231, § 4g.)
(h) Project - Smiths Fork Water Supply:
(i) Project sponsor: Smiths Fork Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to an existing diversion dam, headgate, and siphon; installation of measuring devises; and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three hundred forty thousand dollars ($340,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred seventy thousand dollars ($170,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty-five (35) 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred seventy thousand dollars ($170,000.00) 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 three hundred forty thousand dollars ($340,000.00) 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, 1995. Source notes for subsection (h): (Laws 1991, ch. 231, § 4h.)
(j) Project - Upper Hanover Water Supply:
(i) Project sponsor: Hanover Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to existing wasteways, flumes, siphons, underpasses, check structures, canals, pipelines and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million two hundred thousand dollars ($1,200,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred thousand dollars ($600,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty-five (35) 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred thousand dollars ($600,000.00) 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 one million two hundred thousand dollars ($1,200,000.00) 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, 1996;
(viii) Special conditions: The sponsor shall develop a written agreement with the Bluff, Upper Bluff and Highland Hanover irrigation districts identifying the project responsibilities of the parties. Source notes for subsection (j): (Laws 1991, ch. 231, § 4j.)
(a) As used in this act [§§ 99-2-201 through 99-2-204]:
(i) "Commission" means the Wyoming water development commission;
(ii) "Sponsor" means the municipality, conservancy district, irrigation district, water district, improvement and service district, water and sewer district, watershed improvement district or joint powers board that will receive funding for one of the projects identified in section 3 or 4 of this act [§ 99-2-203 or 99-2-204];
(iii) "Water development account I" means the account created by W.S. 41-2-124(a)(i);
(iv) "Water development account II" means the account created by W.S. 41-2-124(a)(ii). (Laws 1992, ch. 28, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-201 through 99-2-204] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-201 through 99-2-204] and to administer the contract on behalf of the state of Wyoming.
(b) Upon execution of the contract outlined in subsection
(a) of this section, the sponsor may design, construct and operate the project in a manner consistent with the terms and conditions outlined in the contract. (Laws 1992, ch. 28, § 2.)
99-2-203. Level III construction projects new development.
(a) Except as otherwise specifically provided, each Level III new development construction project identified in this section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;
(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;
(vi) The commission shall make payments directly to the sponsors;
(vii) The sponsor shall be responsible for operation and maintenance of the project;
(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;
(x) Principal and interest payments made in repayment of loans shall be deposited in water development account I;
(xi) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the designated project purpose without prior written approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the project loan. After that loan is paid in full, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project grant;
(xii) There shall be no lease, sale, assignment or transfer of ownership of any project until the project loan is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project grant. Before the sponsor may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the sponsor's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the sponsor at the date the option is exercised;
(xiii) After the project loan is paid in full, the sponsor may purchase the position of the state of Wyoming, as described in paragraphs (xi) and (xii) of this subsection, for the amount of the project grant plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor;
(xiv) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of any project or project water shall be deposited in water development account I. Source notes for subsection (a): (Laws 1992, ch. 28, § 3a.)
(b) Project-Buffalo Municipal Reservoir:
(i) Project sponsor: City of Buffalo;
(ii) Project purpose: Municipal and domestic water supply, recreation, hydropower production;
(iii) Project description: Dam on Clear Creek and the appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Thirteen million six hundred thousand dollars ($13,600,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed four million four hundred eighty-eight thousand dollars ($4,488,000.00) 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 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 I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed nine million one hundred twelve thousand dollars ($9,112,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission thirteen million six hundred thousand dollars ($13,600,000.00) 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, 1999;
(viii) Special conditions:
(A) Payment of interest and principal and accrual of interest on the loan shall be deferred until five (5) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining forty-five (45) years of the term;
(B) The project is expressly contingent on funding and construction of the Buffalo Hydropower Project described in subsection (c) of this section. Source notes for subsection (b): (Laws 1992, ch. 28, § 3b; 1996, ch. 59, § 8; 1997, ch. 45, § 7.)
(c) Project-Buffalo Hydropower Project:
(i) Project sponsor: City of Buffalo;
(ii) Project purpose: Hydropower generation;
(iii) Project description: Hydropower generation facilities and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million seventy-five thousand dollars ($1,075,000.00);
(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 seventy-five thousand dollars ($1,075,000.00) or one hundred percent (100%) 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 from the project and the Buffalo Municipal Reservoir, at an annual interest rate of four percent (4%);
(vi) Appropriation: There is appropriated from water development account I to the commission one million seventy-five thousand dollars ($1,075,000.00) 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, 1999;
(vii) Special conditions:
(A) Payment of the principal on the loan shall be deferred until five (5) years after the term of the loan commences as determined by the commission. The total principal on the loan will be due at the end of the deferral period;
(B) Revenues from the power generation shall accrue to the sponsor and shall be used in the following priority: 1) payment of the operation, maintenance and replacement costs on the hydropower facilities, 2) repayment of the loan provided in paragraph (v) of this subsection, 3) repayment of the loan provided in paragraph (v) of subsection
(b) of this section. After both loans have been retired, the revenues from the power generation may be used at the discretion of the sponsor;
(C) The project is expressly contingent on funding and construction of the Buffalo Municipal Reservoir Project described in subsection (b) of this section. Source notes for subsection (c): (Laws 1992, ch. 28, § 3c; 1996, ch. 59, § 9.)
(d) Project-Douglas Area Water Supply Project:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pump station, transmission pipelines, valves, storage reservoir, booster pump stations and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million seven hundred thousand dollars ($1,700,000.00);
(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 five hundred sixty-one thousand dollars ($561,000.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of forty (40) 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 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 thirty-nine thousand dollars ($1,139,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million seven hundred thousand dollars ($1,700,000.00) 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, 1996;
(viii) Special conditions:
(A) Fifty-two thousand forty dollars ($52,040.00), which is thirty-three percent (33%) of the construction costs of the groundwater well completed during the Level II study, shall be added to the loan amount provided in paragraph (v) of this subsection;
(B) Prior to the completion of the contract outlined in Section 2(a) of this act, the sponsor shall complete a water supply agreement with the Ridgewater Improvement and Service District. The water supply agreement will be subject to the approval of the commission;
(C) Project conditions for the Douglas Water Supply Project authorized by 1991 Wyoming Session Laws, Chapter 231, Section 4(e) shall be modified as follows:
(I) The project loan term shall be increased to forty (40) years; and
(II) Section 4(e)(viii) relating to extension of the loan term shall be repealed. Source notes for subsection (d): (Laws 1992, ch. 28, § 3d; 1994, ch. 28, § 13.)
(e) Project - Dubois Water Supply Project:
(i) Project sponsor: Town of Dubois;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pump station and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred thirty-four thousand three hundred dollars ($134,300.00);
(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 thousand dollars ($90,000.00) 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 ninety thousand dollars ($90,000.00) 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, 1995;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1992, ch. 28, § 3e.)
(f) Project - Evansville Water Supply Project:
(i) Project sponsor: Town of Evansville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage reservoir and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred fifty thousand dollars ($750,000.00);
(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 two hundred thirty-two thousand five hundred dollars ($232,500.00) or thirty-one percent (31%) 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 four percent (4%);
(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 five hundred seventeen thousand five hundred dollars ($517,500.00) or sixty-nine percent (69%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission seven hundred fifty thousand dollars ($750,000.00) 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, 1995; (Laws 1992, ch. 28, § 3f; 1998, ch. 38, § 4.)
(viii) Repealed By Laws 1998, ch. 38, § 4. Source notes for subsection (f): (Laws 1992, ch. 28, § 3f; 1998, ch. 38, § 4.)
(g) Project - Fairview Water Supply Project:
(i) Project sponsor: Fairview Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Renovation of existing springs, transmission pipelines, storage reservoir, pump station for an existing well, booster stations and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred forty-nine thousand two hundred fifty dollars ($749,250.00);
(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 five hundred two thousand dollars ($502,000.00) 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 five hundred two thousand dollars ($502,000.00) 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, 1996;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) The sponsor shall purchase the well completed during the Level II study for a price of thirty-one thousand dollars ($31,000.00) or thirty-three percent (33%) of the actual construction costs, whichever is less. The sponsor may purchase the well with a lump sum payment or with amortized payments based on actual well construction cost 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 four percent (4%). In either event, the purchase agreements must be completed prior to commencement of the project. Source notes for subsection (g): (Laws 1992, ch. 28, § 3g.)
(h) Project - Fremont Lake Reservoir Project:
(i) Project sponsor: Highland Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Reconstruction and relocation of an existing dam, replacement of the headgate to the Highland ditch, and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Four hundred twenty thousand dollars ($420,000.00);
(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 two hundred ten thousand dollars ($210,000.00) 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 four percent (4%);
(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 ten thousand dollars ($210,000.00) 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 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 I on July 1, 1995;
(viii) Special conditions:
(A) Prior project authorization under Chapter 120 of the 1986 Session Laws of Wyoming shall be repealed;
(B) Thirty-seven thousand eight hundred thirty-four dollars ($37,834.00), which represents the project expenditures to date, shall be added to the loan amount provided in paragraph (v) of this subsection;
(C) Subject to commission approval, the sponsor may sell a portion of the water from the project or a portion of the project itself to the town of Pinedale. The sale may be accomplished through lump sum payments or through the town assuming a portion of the loan described in paragraph (v) of this subsection, or both. If the sale is accomplished through lump sum payments, the sponsor must use the payments to reduce the principal on the loan described in paragraph (v) of this subsection. Any other sales by the sponsor will be subject to the conditions described in paragraphs (xi) through (xiii) of subsection 3(a) of this act. Further, if the town of Pinedale purchases a portion of the water from the project or a portion of the project itself, any subsequent sales for purposes other than its own municipal and domestic use shall be subject to the conditions described in paragraphs (xi) through (xiii) of subsection 3(a) of this act [§ 99-2-203(a)]. Source notes for subsection (h): (Laws 1992, ch. 28, § 3h.)
(j) Project - Grover Water Supply Project:
(i) Project sponsor: Grover Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Replacement of an existing well, transmission pipelines, storage reservoir and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred thirty-five thousand eight hundred twenty dollars ($735,820.00);
(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 four hundred ninety-three thousand dollars ($493,000.00) 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 four hundred ninety-three thousand dollars ($493,000.00) 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, 1996;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources. Source notes for subsection (j): (Laws 1992, ch. 28, § 3j.)
(k) Project - Indian Springs Water Supply Project:
(i) Project sponsor: Indian Springs Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred fifty thousand dollars ($150,000.00);
(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-nine thousand five hundred dollars ($49,500.00) 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 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 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 thousand five hundred dollars ($100,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one hundred fifty thousand dollars ($150,000.00) 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, 1995;
(viii) Special conditions: Prior to the completion of the contract described in Section 2(a) of this act, the sponsor shall complete a water supply agreement with the city of Casper. The water supply agreement will be subject to the approval of the commission. Source notes for subsection (k): (Laws 1992, ch. 28, § 3k.)
(m) Project - Riverside Water Supply Project:
(i) Project sponsor: Sierra Madre Joint Powers Board;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Well construction, pump stations, transmission pipelines, storage facility and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million two hundred twenty-five thousand dollars ($1,225,000.00);
(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 four hundred four thousand two hundred fifty dollars ($404,250.00) 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 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 I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eight hundred twenty thousand seven hundred fifty dollars ($820,750.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million two hundred twenty-five thousand dollars ($1,225,000.00) 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, 1996;
(viii) Special conditions:
(A) Payment of interest and principal and accrual of interest on the loan shall be deferred until five (5) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining twenty-five (25) years of the term. During the deferment period, water sales revenues in excess of operation, maintenance and replacement expenses will be placed in an escrow account in the name of both the sponsor and the commission. At the end of the deferment period, the escrow account will be used to make payments on the loan provided in paragraph (v) of this subsection;
(B) An amount not to exceed fifty thousand dollars ($50,000.00) or thirty-three percent (33%) of the actual construction costs of the groundwater wells completed during the Level II study and to be incorporated into the water supply system, whichever is less, shall be added to the loan amount provided in paragraph (v) of this subsection;
(C) The sponsor and each participating agency of the joint powers board shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(D) If the commission determines that the sponsor has, without good cause, abandoned completion of the project, the sponsor and each participating agency in the joint powers board, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure. Source notes for subsection (m): (Laws 1992, ch. 28, § 3m.)
(n) [Project - Sandy Lake Water Supply Project] Source notes for subsection (n): (Laws 1992, ch. 28, § 3n; Repealed by Laws 1993, ch. 89, § 9.)
(o) Project - Smoot Water Supply Project:
(i) Project sponsor: Greater Smoot Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Spring renovation, transmission pipelines, storage reservoir, pump station for an existing well and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million six hundred forty-one thousand eight hundred dollars ($1,641,800.00);
(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 one hundred thousand dollars ($1,100,000.00) 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 one million one hundred thousand dollars ($1,100,000.00) 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, 1996;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) The sponsor shall purchase the well completed during the Level II study for a price of twenty thousand dollars ($20,000.00) or thirty-three percent (33%) of the actual construction costs, whichever is less. The sponsor may purchase the well with a lump sum payment or with amortized payments based on actual construction costs 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 four percent (4%). In either event, the purchase agreements must be completed prior to commencement of the project. Source notes for subsection (o): (Laws 1992, ch. 28, § 3o.)
(p) Project - Southwest Casper Water Supply Project:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipeline, storage facility, booster station modifications and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million dollars ($1,000,000.00);
(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 three hundred thirty thousand dollars ($330,000.00) 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 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 I 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 seventy thousand dollars ($670,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million dollars ($1,000,000.00) 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, 1996;
(viii) Special conditions:
(A) Prior to the completion of the contract described in section 2(a) of this act, the sponsor shall complete a water supply agreement with the Indian Springs Improvement and Service District. The water supply agreement will be subject to the approval of the commission;
(B) The size of the storage reservoir is based on the storage reservoir being used to supply water to other regional water users. Therefore, subject to commission approval, the sponsor may sell water from the project to other domestic water users. Any sales other than for domestic purposes will be subject to the conditions described in paragraphs (xi) through (xiii) of subsection 3(a) of this act [§ 99-2-203(a)]. Source notes for subsection (p): (Laws 1992, ch. 28, § 3p; 1995, ch. 206, § 7.)
(q) Project - Teton Village Water Supply Project:
(i) Project sponsor: Teton Village Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Wells, pump stations, transmission pipelines and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred thousand dollars ($700,000.00);
(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 two hundred thirty-one thousand dollars ($231,000.00) or thirty-three percent (33%) 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 interest rate of four percent (4%);
(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 four hundred sixty-nine thousand dollars ($469,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission seven hundred thousand dollars ($700,000.00) 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, 1995. Source notes for subsection (q): (Laws 1992, ch. 28, § 3q.)
99-2-204. Level III construction projects; rehabilitation.
(a) Except as otherwise specifically provided, each Level III rehabilitation construction project identified in this section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;
(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;
(vi) The commission shall make payments directly to the sponsors;
(vii) The sponsor shall be responsible for operation and maintenance of the project;
(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;
(x) Principal and interest payments made in repayment of loans shall be deposited in water development account II. Source notes for subsection (a): (Laws 1992, ch. 28, § 4a.)
(b) [Project - Bench Canal Rehabilitation Project] Source notes for subsection (b): (Laws 1992, ch. 28, § 4b; Repealed by Laws 1994, ch. 28, § 16.)
(c) Project - Edgerton-Midwest Water Supply Project:
(i) Project sponsor: Salt Creek Joint Powers Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description:
(A) North Platte option-Replace or repair diversion facilities, transmission pipelines, booster pumps, storage facilities and appurtenances necessary to make the project complete and function in the manner intended; or
(B) Groundwater option-construction of groundwater wells, transmission pipelines, booster pumps, storage facilities and appurtenances necessary to make the project complete and function in the manner intended.
(iv) Project grant:
(A) If it is determined through the review of the commission and the select water committee that the North Platte option is the most viable water supply alternative, 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 fifty thousand dollars ($3,750,000.00) or fifty percent (50%) of the actual development costs, whichever is less; or
(B) If it is determined through the review of the commission and the select water committee that the groundwater option is the most viable water supply alternative, the state of Wyoming shall grant to the sponsor from the 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 fifty thousand dollars ($3,750,000.00).
(v) Appropriation: There is appropriated from water development account II to the commission three million seven hundred fifty thousand dollars ($3,750,000.00) 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, 1997. Source notes for subsection (c): (Laws 1992, ch. 28, § 4c; 1993, ch. 89, § 6.)
(d) Project - Goshen Pump Station:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Replace existing pump station and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three hundred thirty thousand dollars ($330,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred eight thousand nine hundred dollars ($108,900.00) 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 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred twenty-one thousand one hundred dollars ($221,100.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission three hundred thirty thousand dollars ($330,000.00) 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, 1997. Source notes for subsection (d): (Laws 1992, ch. 28, § 4d; 1994, ch. 28, § 14; 1995, ch. 206, § 8; 1996, ch. 59, § 10.)
(e) Project - North Fork Crazy Woman Rehabilitation Project:
(i) Project sponsor: Crazy Woman Watershed Improvement District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Irrigation pipelines, canal improvements, structure improvements, riprap repair, and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million three hundred thousand dollars ($1,300,000.00);
(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 fifty thousand dollars ($650,000.00) 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 six hundred fifty thousand dollars ($650,000.00) 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, 1995;
(vii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1992, ch. 28, § 4e.)
(f) Project - Sahara Rehabilitation Project:
(i) Project sponsor: Powder River Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Diversion structure, canal improvements, siphons and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: nine hundred thousand dollars ($900,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred fifty thousand dollars ($450,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of forty (40) 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 the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred fifty thousand dollars ($450,000.00) 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 nine hundred thousand dollars ($900,000.00) 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, 1996. Source notes for subsection (f): (Laws 1992, ch. 28, § 4f; 1993, ch. 89, § 7.)
(g) Project - Shoshone Rehabilitation Project:
(i) Project sponsor: Shoshone Joint Powers Board;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to major canals and laterals, repair or replace major irrigation structures, and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Fifteen million dollars ($15,000,000.00);
(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 seven million five hundred thousand dollars ($7,500,000.00) 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 seven million five hundred thousand dollars ($7,500,000.00) 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, 2000;
(vii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (g): (Laws 1992, ch. 28, § 4g; 1997, ch. 45, § 8.)
(h) Project - Wheatland Reservoir No. 1:
(i) Project sponsor: Wheatland Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Dam safety improvements to Wheatland Dam No. 1 and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three hundred ninety-two thousand dollars ($392,000.00);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred ninety-six thousand dollars ($196,000.00) 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 four percent (4%);
(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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred ninety-six thousand dollars ($196,000.00) 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 three hundred ninety-two thousand dollars ($392,000.00) 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, 1995. Source notes for subsection (h): (Laws 1992, ch. 28, § 4h.)
(a) As used in this act [§§ 99-2-301 through 99-2-304]:
(i) "Commission" means the Wyoming water development commission;
(ii) "Sponsor" means the municipality, conservancy district, irrigation district, water district, improvement and service district, water and sewer district, watershed improvement district or joint powers board that will receive funding for one of the projects identified in section 3 or 4 of this act [§ 99-2-303 or 99-2-304];
(iii) "Water development account I" means the account created by W.S. 41-2-124(a)(i);
(iv) "Water development account II" means the account created by W.S. 41-2-124(a)(ii). (Laws 1993, ch. 89, § 1.)