(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-301 through 99-2-304] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-301 through 99-2-304] 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 1993, ch. 89, § 2.)
99-2-303. 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: Source notes for subsection (a): (Laws 1993, ch. 89, § 3a.)
(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. (Laws 1993, ch. 89, § 3a.)
(b) Project - Brooks Hat Six Water Supply Project:
(i) Project sponsor: Town of Evansville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipeline, valves 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, 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 Brooks Hat Six Improvement and Service District. The water supply agreement will be subject to the approval of the commission;
(B) The size of the transmission pipeline is based on supplying water to other regional domestic water users, including but not limited to the Sandy Lake Estates Improvement and Service District. Therefore, subject to commission approval, the sponsor may sell water from the project to other domestic water users. The sale may be accomplished through lump sum payments or through the purchasers assuming a portion of the loan described in paragraph (v) of this subsection, or both. If the sales are 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 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 [§ 99-2-303(a)]. Source notes for subsection (b): (Laws 1993, ch. 89, § 3b.)
(c) Project - Cheyenne Storage Facility:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Five million nine hundred thousand dollars ($5,900,000.00);
(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 seven hundred sixty-seven thousand dollars ($767,000.00) or thirteen percent (13%) 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 seven hundred sixty-seven thousand dollars ($767,000.00) or thirteen percent (13%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million five hundred thirty-four thousand dollars ($1,534,000.00) 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: The sponsor is responsible for acquiring seventy-four percent (74%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1993, ch. 89, § 3c.)
(d) Project - Freedom Water Supply Project:
(i) Project sponsor: Freedom Water and Sewer District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Well, transmission pipeline, pump station, storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million one hundred thousand dollars ($1,100,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred thirty-seven thousand dollars ($737,000.00) 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 seven hundred thirty-seven thousand dollars ($737,000.00) 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, 1997;
(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 may purchase the well completed during the Level II study for a price of fifteen thousand dollars ($15,000.00) or thirty-three percent (33%) of the actual construction costs, whichever is less, if approved by the commission. The sponsor may purchase the well with a lump sum payment or with amortized payments based on a term of five (5) 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 agreement must be completed prior to commencement of the project. Source notes for subsection (d): (Laws 1993, ch. 89, § 3d.)
(e) Project - Gillette Pipeline Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipeline, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Six hundred ten thousand dollars ($610,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred eight thousand seven hundred dollars ($408,700.00) 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 eight thousand seven hundred dollars ($408,700.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 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 1993, ch. 89, § 3e.)
(f) Project - Little Snake River Valley Dam and Reservoir Project:
(i) Project sponsor: State of Wyoming;
(ii) Project purpose: Agricultural, municipal and domestic water supply, recreation, environmental enhancement and mitigation for the Stage I, II and III transbasin diversion water supply projects;
(iii) Project description: Dam, outlet works, spillways and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Thirty-three million eight hundred thousand dollars ($33,800,000.00);
(v) Appropriation:
(A) There is appropriated from water development account I to the commission twenty-four million two hundred thousand dollars ($24,200,000.00) or as much thereof as is necessary to carry out the purpose of this subsection;
(B) Of the ten million dollars ($10,000,000.00) previously appropriated for funding of the Sandstone project by 1988 Wyoming Session Laws, Chapter 79, Section 7 [as amended by the 1989 Wyoming Session Laws, Chapter 268, Section 2], nine million six hundred thousand dollars ($9,600,000.00) or as much thereof as is necessary is appropriated to and may be used by the commission to carry out the purpose of this subsection;
(C) Unexpended funds appropriated under this subsection shall revert to the account established in W.S. 99-99-1001(a)(vi) on July 1, 2010.
(vi) Special conditions: The construction of the Little Snake River Valley Dam and reservoir project shall be deemed mitigation to the Little Snake River Basin for any and all impacts resulting from the operation of the Stage I and Stage II transbasin diversion water supply projects. The project sponsor shall ensure that after the project construction is complete, the reservoir is open for recreational use. Source notes for subsection (f): (Laws 1993, ch. 89, § 3f; 1997, ch. 45, § 9; 1998, ch. 38, § 5; 2001, Ch. 2, § 4; 2010, ch. 68, § 2.)
(g) Project - South Laramie Water Supply Project:
(i) Project sponsor: South of Laramie Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipelines, pump stations, storage facility, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Four million one hundred forty thousand dollars ($4,140,000.00);
(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 seventy-two thousand six hundred dollars ($372,600.00) or nine percent (9%) 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 two million seven hundred seventy-three thousand eight hundred dollars ($2,773,800.00) 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 million one hundred forty-six thousand four hundred dollars ($3,146,400.00) 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, 1997;
(viii) Special conditions: The sponsor is responsible for acquiring twenty-four percent (24%) of the total project budget from other sources. Source notes for subsection (g): (Laws 1993, ch. 89, § 3g.)
(h) Project - Superior Water Supply Project:
(i) Project sponsor: Town of Superior;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pump station, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Forty thousand dollars ($40,000.00);
(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 thirteen thousand two hundred dollars ($13,200.00) 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 twenty-six thousand eight hundred dollars ($26,800.00) 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 forty thousand dollars ($40,000.00) 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 (h): (Laws 1993, ch. 89, § 3h.)
99-2-304. 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 1993, ch. 89, § 4a.)
(b) Project - Big Horn Canal Improvement Project:
(i) Project sponsor: Big Horn Canal Irrigation District;
(ii) Project purposes: Irrigation water supply;
(iii) Project description: Improvements to the Crooked S spillway on the main canal and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred twenty thousand dollars ($120,000.00);
(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 sixty thousand dollars ($60,000.00) or fifty percent (50%) of the actual rehabilitation 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 sixty thousand dollars ($60,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred twenty thousand dollars ($120,000.00) 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 (b): (Laws 1993, ch. 89, § 4b.)
(c) Project - Cheyenne Stage I Pipeline Project:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Repair of the existing Stage I pipeline and collector system and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Thirteen million seven hundred thousand dollars ($13,700,000.00);
(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 million eight hundred fifty thousand dollars ($6,850,000.00) or fifty percent (50%) of the actual rehabilitation 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 six million eight hundred fifty thousand dollars ($6,850,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission thirteen million seven hundred thousand dollars ($13,700,000.00) 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 II on July 1, 1999. Source notes for subsection (c): (Laws 1993, ch. 89, § 4c; 1995, ch. 206, § 9; 1996, ch. 59, § 11.)
(d) Project - Cheyenne Well Rehabilitation Project-Phase II:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of not more than ten (10) wells including redrilling, casing, pumps, electrical facilities, meters, piping, well houses and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million two hundred fifty thousand dollars ($1,250,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, well testing, construction engineering and construction of the project an amount not to exceed six hundred twenty-five thousand dollars ($625,000.00) or fifty percent (50%) of the actual rehabilitation 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, well testing, construction engineering and construction of the project an amount not to exceed six hundred twenty-five thousand dollars ($625,000.00) or fifty percent (50%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one million two hundred fifty thousand dollars ($1,250,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1996. Source notes for subsection (d): (Laws 1993, ch. 89, § 4d.)
(e) Project - Goshen Canal Improvement Project:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of spillways on the main canal and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Fifty thousand dollars ($50,000.00);
(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 twelve thousand two hundred fifty dollars ($12,250.00) or twenty-four and one-half percent (24.5%) of the actual rehabilitation 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 II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed twelve thousand two hundred fifty dollars ($12,250.00) or twenty-four and one-half percent (24.5%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission twenty-four thousand five hundred dollars ($24,500.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1996;
(viii) Special conditions: The sponsor is responsible for acquiring fifty-one percent (51%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1993, ch. 89, § 4e.)
(f) Project - Little Snake Rehabilitation Project:
(i) Project sponsor: Little Snake River Conservancy District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Replacement of diversion structures and rehabilitation of two canals and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two million seven hundred thousand dollars ($2,700,000.00);
(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 seventy-five thousand dollars ($675,000.00) or twenty-five percent (25%) of the actual rehabilitation 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 two million twenty-five thousand dollars ($2,025,000.00) or seventy-five percent (75%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two million seven hundred thousand dollars ($2,700,000.00) 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 II on July 1, 1996. Source notes for subsection (f): (Laws 1993, ch. 89, § 4f.)
(g) [Project - Riverton Valley Canal Improvement Project] Source notes for subsection (g): (Laws 1993, ch. 89, § 4g; Repealed by Laws 1994, ch. 28, § 17.)
(h) Project - Sinnard Dam Project:
(i) Project sponsor: Horse Creek Conservation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of an existing dam and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million one hundred thousand dollars ($1,100,000.00);
(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 seventy-five thousand dollars ($275,000.00) or twenty-five percent (25%) of the actual rehabilitation 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 II 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-five thousand dollars ($825,000.00) or seventy-five percent (75%) of the actual rehabilitation costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II 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 II on July 1, 1996;
(viii) Special conditions: Project conditions for the Hawk Springs project authorized by W.S. 41-2-218(a)(ii)(intro) and 1985 Wyoming Session Laws, Chapter 224, Section 1(c)(intro) shall be modified to decrease the interest rate on funds loaned to the sponsor to four percent (4%). Source notes for subsection (h): (Laws 1993, ch. 89, § 4h.)
(a) As used in this act [§§ 99-2-401 through 99-2-404]:
(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 (1) of the projects identified in section 3 or 4 of this act [§ 99-2-403 or 99-2-404];
(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 1994, ch. 28, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-401 through 99-2-404] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-401 through 99-2-404] 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 1994, ch. 28, § 2.)
99-2-403. 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 appropriation;
(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 1994, ch. 28, § 3a.)
(b) [Project - Casper Irrigation Project] Source notes for subsection (b): (Laws 1994, ch. 28, § 3b; Repealed by Laws 1995, ch. 206, § 11.)
(c) Project - Cokeville Water Supply Project:
(i) Project sponsor: Town of Cokeville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, pump stations, transmission pipeline, storage facility and appurtenances necessary to make the project 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 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 thirty-three thousand two hundred dollars ($133,200.00) or eighteen percent (18%) 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 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 ninety-five thousand eight hundred dollars ($495,800.00) 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-nine thousand dollars ($629,000.00) 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, 1997;
(viii) Special conditions: The sponsor is responsible for acquiring fifteen percent (15%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1994, ch. 28, § 3c.)
(d) Project - Collins Heights Water Supply Project:
(i) Project sponsor: Collins Heights Industrial Park Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline and appurtenances necessary to make the project 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 I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty-six thousand dollars ($66,000.00) or thirty-three percent (33%) 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 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 thirty-four thousand dollars ($134,000.00) 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 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 I on July 1, 1996. Source notes for subsection (d): (Laws 1994, ch. 28, § 3d.)
(e) Project - Cook Road Water Supply Project:
(i) Project sponsor: Cook Road Water District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station, transmission pipeline, storage facility and appurtenances necessary to make the project 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 thirty-eight (38) years from the date the commission determines project benefits accrue to the sponsor, at an annual 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, 1998;
(viii) Special conditions:
(A) Thirty-three thousand eight hundred seventy dollars ($33,870.00), 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) Payment of interest and principal and accrual of interest on the loan shall be deferred until three (3) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining thirty-five (35) years of the term. Source notes for subsection (e): (Laws 1994, ch. 28, § 3e; 1995, ch. 206, § 10.)
(f) Project - Etna Water Supply Project:
(i) Project sponsor: Etna Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station, spring renovation, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred fourteen thousand dollars ($1,114,000.00);
(v) Repealed By Laws 1998, ch. 38, § 6.
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred ninety thousand dollars ($690,000.00) 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 six hundred ninety thousand dollars ($690,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(viii) Special conditions:
(A) The sponsor shall purchase the well completed during the Level II study for a price of sixteen thousand five hundred dollars ($16,500.00) constituting thirty-three percent (33%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments based on thirty-three percent (33%) of the actual construction costs 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%). In either event, a purchase agreement must be completed prior to commencement of the project.
(B) The sponsor is responsible for acquiring thirty-three percent (33%) or the balance of the total project budget, whichever is greater, from other sources. Source notes for subsection (f): (Laws 1994, ch. 28, § 3f; 1997, ch. 45, § 10; 1998, ch. 38, § 6.)
(g) Project - Greybull Valley Dam and Reservoir Project:
(i) Project sponsor: Greybull Valley Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Diversion structure, supply canal, dam and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Thirty-two million fifty-seven thousand four hundred fifty-eight dollars ($32,057,458.00);
(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 eight million fourteen thousand three hundred sixty-four dollars and fifty cents ($8,014,364.50) or twenty-five percent (25%) of the actual design, permitting, and land procurement costs, whichever is less, for a term of fifty (50) years from the date the commission determines project benefits accrue to the sponsor or that the project will not be constructed, at an annual 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 twenty-four million forty-three thousand ninety-three dollars and fifty cents ($24,043,093.50) or seventy-five percent (75%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission thirty-two million fifty-seven thousand four hundred fifty-eight dollars ($32,057,458.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2010;
(viii) Special condition: Payment of interest and principal and accrual of interest on the loan shall be deferred until six (6) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining forty-four (44) years. Source notes for subsection (g): (Laws 1994, ch. 28, § 3g; 1996, ch. 59, § 12; 2002, Ch. 88, § 2; 2005, ch. 147, § 2.)
(h) Project - Jackson Water Supply Project:
(i) Project sponsor: Town of Jackson;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Wells, pump stations, transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million three hundred thousand dollars ($2,300,000.00);
(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 seven hundred fifty-nine thousand dollars ($759,000.00) 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 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 five hundred forty-one thousand dollars ($1,541,000.00) 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 two million three hundred thousand dollars ($2,300,000.00) 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, 1997. Source notes for subsection (h): (Laws 1994, ch. 28, § 3h.)
(j) Project - McKenney Water Supply Project:
(i) Project sponsor: McKenney Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred forty thousand dollars ($140,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account 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-six thousand two hundred dollars ($46,200.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty-one (21) years from the date the commission determines project benefits accrue to the sponsor, at an annual 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 ninety-three thousand eight hundred dollars ($93,800.00) 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 forty thousand dollars ($140,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1996;
(viii) 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 twenty (20) years of the term. Source notes for subsection (j): (Laws 1994, ch. 28, § 3j.)
(k) Project - Means Water Supply Project:
(i) Project sponsor: Means Water and Sewer District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station, transmission pipeline, and storage facility and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred twenty-five thousand dollars ($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 seventy-four thousand two hundred fifty dollars ($74,250.00) 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 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 fifty thousand seven hundred fifty dollars ($150,750.00) 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 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, 1997. Source notes for subsection (k): (Laws 1994, ch. 28, § 3k.)
(m) Project - Moorcroft Water Supply Project:
(i) Project sponsor: Town of Moorcroft;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Pump station, transmission pipelines, storage facility and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred thirty thousand dollars ($930,000.00);
(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 six thousand nine hundred dollars ($306,900.00) 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 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 twenty-three thousand one hundred dollars ($623,100.00) 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 nine hundred thirty thousand dollars ($930,000.00) 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, 1997;
(viii) Special conditions: Twenty-four thousand seven hundred fifty dollars ($24,750.00), 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. Source notes for subsection (m): (Laws 1994, ch. 28, § 3m.)
(n) Project - Pavillion Water Supply Project:
(i) Project sponsor: Town of Pavillion;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Well, pump station, transmission pipelines, storage facility and appurtenances necessary to make the project 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 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 thirty-two thousand dollars ($132,000.00) 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 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 sixty-eight thousand dollars ($268,000.00) 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 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 I on July 1, 1997. Source notes for subsection (n): (Laws 1994, ch. 28, § 3n.)
(o) Project - Vista West Water Supply Project:
(i) Project sponsor: Vista West Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Well, pump stations, transmission pipeline, storage facility improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred forty thousand dollars ($540,000.00);
(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 seventy-eight thousand two hundred dollars ($178,200.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of thirty-one (31) years from the date the commission determines project benefits accrue to the sponsor, at an annual 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 three hundred sixty-one thousand eight hundred dollars ($361,800.00) 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 five hundred forty thousand dollars ($540,000.00) 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, 1997;
(viii) Special conditions:
(A) Eight thousand five hundred eighty dollars ($8,580.00), 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) 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 thirty (30) years of the term. Source notes for subsection (o): (Laws 1994, ch. 28, § 3o.)
(p) Project - Pine Butte Water Supply Project:
(i) Project sponsor: Pine Butte Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pump station and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred thousand dollars ($100,000.00);
(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 thirty-three thousand dollars ($33,000.00) 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 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 sixty-seven thousand dollars ($67,000.00) 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 hundred thousand dollars ($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, 1997;
(viii) Special conditions: Project financing plan shall be approved by district election prior to July 1, 1995. Unexpended funds appropriated under this section shall revert to water development account I on July 1, 1995, if voters in the district reject the project financing plan. Source notes for subsection (p): (Laws 1994, ch. 28, § 3p.)
99-2-404. 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 appropriation;
(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 1994, ch. 28, § 4a.)
(b) Project - Antelope Valley Storage Facility Project:
(i) Project sponsor: Antelope Valley Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Replacement and enlargement of a storage facility, connection to the Crestview system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred fifty thousand dollars ($850,000.00);
(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 eighty thousand five hundred dollars ($280,500.00) 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 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 five hundred sixty-nine thousand five hundred dollars ($569,500.00) 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 eight hundred fifty thousand dollars ($850,000.00) 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 (b): (Laws 1994, ch. 28, § 4b.)
(c) Project - Dixon Water Supply Project:
(i) Project sponsor: Town of Dixon;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Diversion structure, infiltration gallery, wet well, pump station and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred fifteen thousand dollars ($215,000.00);
(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 thousand nine hundred fifty dollars ($70,950.00) 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 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 forty-four thousand fifty dollars ($144,050.00) 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 two hundred fifteen thousand dollars ($215,000.00) 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 1994, ch. 28, § 4c.)
(d) Project - LeClair Lateral Project:
(i) Project sponsor: LeClair Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Improvements to irrigation laterals and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million five hundred thousand dollars ($1,500,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed seven hundred fifty thousand dollars ($750,000.00) or one hundred percent (100%) of said material costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II 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 II on July 1, 1999;
(vii) Special conditions: The sponsor is responsible for all costs related to project design, permit procurement, land procurement, construction engineering and construction of the project. Source notes for subsection (d): (Laws 1994, ch. 28, § 4d.)
(e) Project - Riverton Valley Lateral Project:
(i) Project sponsor: Riverton Valley Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Improvements to irrigation laterals and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven hundred thousand dollars ($700,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed three hundred fifty thousand dollars ($350,000.00) or one hundred percent (100%) of said material costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three hundred fifty thousand dollars ($350,000.00) 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: The sponsor is responsible for all costs related to project design, permit procurement, land procurement, construction engineering and construction of the project. Source notes for subsection (e): (Laws 1994, ch. 28, § 4e.)
(f) Project-Sleepy Hollow Well Replacement Project:
(i) Project sponsor: Central Campbell County Improvement and Service District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Replacement of an existing well and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred seventy-five thousand dollars ($375,000.00);
(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 eighty-seven thousand five hundred dollars ($187,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 eighty-seven thousand five hundred dollars ($187,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission three hundred seventy-five thousand dollars ($375,000.00) 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 1994, ch. 28, § 4f.)
(a) As used in this act [§§ 99-2-501 through 99-2-504]:
(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 (1) or more of the projects identified in section 3 or 4 of this act [§ 99-2-503 or 99-2-504];
(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 1995, ch. 206, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-501 through 99-2-504] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-501 through 99-2-504] 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 1995, ch. 206, § 2.)
99-2-503. 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 appropriation;
(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 1995, ch. 206, § 3a.)
(b) Project - Alpine Water Supply Project:
(i) Project sponsor: Town of Alpine;
(ii) Project purpose: Municipal and domestic supply;
(iii) Project description: Storage facilities, pipelines and appurtenances necessary to make the project 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 twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual 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, 1998. Source notes for subsection (b): (Laws 1995, ch. 206, § 3b.)
(c) Project - Basin Area Water Supply Project:
(i) Project sponsor: South Bighorn County Joint Powers Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine million two hundred ninety-nine thousand dollars ($9,299,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six million two hundred thirty thousand dollars ($6,230,000.00) 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 six million two hundred thirty thousand dollars ($6,230,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(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 one hundred twelve thousand two hundred dollars ($112,200.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (c): (Laws 1995, ch. 206, § 3c; 1996, ch. 59, § 13; 1998, ch. 38, § 7.)
(d) Project - Big Piney Water Supply Project:
(i) Project sponsor: Town of Big Piney;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines, wells, controls, storage facility to serve the towns of Big Piney and Marbleton, and appurtenances necessary to make the project 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 thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual 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, 2000. Source notes for subsection (d): (Laws 1995, ch. 206, § 3d; 1996, ch. 59, § 14.)
(e) Project - Gillette Madison Well Field Expansion Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million four hundred seventy-five thousand dollars ($2,475,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million six hundred fifty-eight thousand two hundred fifty dollars ($1,658,250.00) 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 six hundred fifty-eight thousand two hundred fifty dollars ($1,658,250.00) 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) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) Prior to entering into the contract authorized by section 2(a) of this act, the commission shall hold at least one (1) public hearing within the town of Moorcroft, Wyoming, for the purpose of explaining the proposed project including the proposal to expand the Madison well field. Source notes for subsection (e): (Laws 1995, ch. 206, § 3e; 1996, ch. 59, § 15.)
(f) Project - Laramie Water Supply Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million four hundred thousand dollars ($4,400,000.00);
(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 four hundred fifty-two thousand dollars ($1,452,000.00) 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 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 million nine hundred forty-eight thousand dollars ($2,948,000.00) 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 four million four hundred thousand dollars ($4,400,000.00) 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 I on July 1, 1999. Source notes for subsection (f): (Laws 1995, ch. 206, § 3f; 1996, ch. 59, § 16.)
(g) Project - Natrona County Regional Water Supply Project:
(i) Project sponsor: Natrona County Regional Water System Joint Powers Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facilities, pump stations, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Twenty-six million seven hundred fifty thousand dollars ($26,750,000.00);
(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 eight million eight hundred twenty-seven thousand five hundred dollars ($8,827,500.00) 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 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 seventeen million nine hundred twenty-two thousand five hundred dollars ($17,922,500.00) 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 twenty-six million seven hundred fifty thousand dollars ($26,750,000.00) 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, 2002. Source notes for subsection (g): (Laws 1995, ch. 206, § 3g; 1996, ch. 59, § 17; 1998, ch. 38, § 8.)
(h) Project - Poison Spider Water Supply Project:
(i) Project sponsor: Poison Spider Service and Improvement District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred forty thousand dollars ($640,000.00);
(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 eleven thousand two hundred dollars ($211,200.00) 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 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 twenty-eight thousand eight hundred dollars ($428,800.00) 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 forty thousand dollars ($640,000.00) 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, 1998. Source notes for subsection (h): (Laws 1995, ch. 206, § 3h.)
(j) Project - Ryan Park Water Supply Project:
(i) Project sponsor: Northwest Ryan Park 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 function in the manner intended;
(iv) Total project budget: One million dollars ($1,000,000.00). Phase I budget: Two hundred thousand dollars ($200,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thirty-four thousand dollars ($134,000.00) 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 hundred thirty-four thousand dollars ($134,000.00) 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, 1998;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget and Phase I budget from other sources;
(B) The sponsor shall purchase the well completed during the Level II study for a price of fifty-two thousand three hundred forty dollars ($52,340.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (j): (Laws 1995, ch. 206, § 3j.)
(k) Project-Squaw Creek Water Supply Project:
(i) Project sponsor: Squaw Creek Water District;
(ii) Project purpose: Domestic water supply;
(iii) Project description: Wells, storage facilities, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred eighty thousand dollars ($580,000.00);
(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 ninety-one thousand four hundred dollars ($191,400.00) 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 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 three hundred eighty-eight thousand six hundred dollars ($388,600.00) 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 five hundred eighty thousand dollars ($580,000.00) 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, 1998. (Laws 1995, ch. 206, § 3k.)
99-2-504. 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 appropriation;
(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. (Laws 1995, ch. 206, § 4a.)
(b) Project-Big Horn Canal Improvements Project:
(i) Project sponsor: Big Horn Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Canal lining, replacement or repair of irrigation structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred ninety-three thousand dollars ($693,000.00);
(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 forty-six thousand five hundred dollars ($346,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 forty-six thousand five hundred dollars ($346,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission six hundred ninety-three thousand dollars ($693,000.00) 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, 1998. Source notes for subsection (b): (Laws 1995, ch. 206, § 4b.)
(c) Project - Gillette Fort Union Well Field Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million four hundred fifty thousand dollars ($3,450,000.00). Phase I budget: One million one hundred thousand dollars ($1,100,000.00). Phase II budget: One million eight hundred fifty thousand dollars ($1,850,000.00). Phase III budget: Five hundred thousand dollars ($500,000.00);
(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 one million seven hundred twenty-five thousand dollars ($1,725,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one million seven hundred twenty-five thousand dollars ($1,725,000.00) 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, 2002;
(vii) Special conditions: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget, Phase I budget and Phase II from other sources. Source notes for subsection (c): (Laws 1995, ch. 206, § 4c; 1996, ch. 59, § 18; 1998, ch. 38, § 9.)
(d) Project - Laramie Rehabilitation Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Transmission pipeline, well, repair of storage facilities and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred fifty thousand dollars ($1,750,000.00);
(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 eight hundred seventy-five thousand dollars ($875,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 eight hundred seventy-five thousand dollars ($875,000.00) 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 seven hundred fifty thousand dollars ($1,750,000.00) 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, 1999. Source notes for subsection (d): (Laws 1995, ch. 206, § 4d; 1996, ch. 59, § 19.)
(e) Project - Midvale Sand Mesa Pipeline Project:
(i) Project sponsor: Midvale Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Conversion of an open canal to a pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six million dollars ($6,000,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed three million dollars ($3,000,000.00) or one hundred percent (100%) of said material costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three million dollars ($3,000,000.00) 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 II on July 1, 1999;
(vii) Special conditions: The sponsor is responsible for the design, permit procurement, project land procurement, construction engineering and construction of the project. Source notes for subsection (e): (Laws 1995, ch. 206, § 4e.)
(f) Project - Natrona County Regional Rehabilitation Project:
(i) Project sponsor: Natrona County Regional Water System Joint Powers Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well field and storage facilities rehabilitation and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five million three hundred fifty-seven thousand dollars ($5,357,000.00);
(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 million six hundred seventy-eight thousand five hundred dollars ($2,678,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 million six hundred seventy-eight thousand five hundred dollars ($2,678,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission five million three hundred fifty-seven thousand dollars ($5,357,000.00) 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, 2002. Source notes for subsection (f): (Laws 1995, ch. 206, § 4f; 1996, ch. 59, § 20; 1998, ch. 38, § 10.)
(g) Project - Sidon Canal Improvements Project:
(i) Project sponsor: Sidon Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Diversion structure, replacement or repair of irrigation structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million sixty thousand dollars ($1,060,000.00);
(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 five hundred thirty thousand dollars ($530,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of ten (10) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 five hundred thirty thousand dollars ($530,000.00) 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 sixty thousand dollars ($1,060,000.00) 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, 1998. Source notes for subsection (h): (Laws 1995, ch. 206, § 4g.)
(a) As used in this act [§§ 99-2-601 through 99-2-604]:
(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 (1) or more of the projects identified in section 3 or 4 of this act [§ 99-2-603 or 99-2-604];
(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 1996, ch. 59, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-601 through 99-2-604] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-601 through 99-2-604] 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 1996, ch. 59, § 2.)
99-2-603. 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 appropriation;
(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 1996, ch. 59, § 3a.)
(b) Project - Cody Area Water Supply Project:
(i) Project sponsor: City of Cody;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven hundred eighty-five thousand dollars ($785,000.00);
(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 fifty-nine thousand fifty dollars ($259,050.00) 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 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 twenty-five thousand nine hundred fifty dollars ($525,950.00) 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 eighty-five thousand dollars ($785,000.00) 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 (b): (Laws 1996, ch. 59, § 3b.)
(c) Project - Elk Mountain Water Supply Project:
(i) Project sponsor: Town of Elk Mountain;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well, pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred thirty-five thousand dollars ($335,000);
(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 ten thousand five hundred fifty dollars ($110,550.00) 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 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 twenty-four thousand four hundred fifty dollars ($224,450.00) 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 thirty-five thousand dollars ($335,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 1999;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of sixty-six thousand dollars ($66,000.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (c): (Laws 1996, ch. 59, § 3c.)
(d) Project - Guernsey Water Supply Project:
(i) Project sponsor: Town of Guernsey;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred fifty thousand dollars ($550,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred eighty-one thousand five hundred dollars ($181,500.00) 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 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 three hundred sixty-eight thousand five hundred dollars ($368,500.00) 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 five hundred fifty thousand dollars ($550,000.00) 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 (d): (Laws 1996, ch. 59, § 3d.)
(e) Project - Lusk Water Supply Project:
(i) Project sponsor: Town of Lusk;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pumps, valves, transmission pipelines, storage facilities and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million one hundred thousand dollars ($2,100,000.00);
(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 sixty eight thousand nine hundred eighty dollars ($168,980.00) or thirty-three percent (33%) of the actual development costs of components eligible for commission funding, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%);
(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 forty thousand twenty dollars ($540,020.00) or sixty-seven percent (67%) of the actual development costs of components eligible for commission funding, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission seven hundred nine thousand dollars ($709,000.00) 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) The sponsor shall purchase the well completed during the Level II study for a price of thirty thousand dollars ($30,000.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project;
(B) The sponsor is responsible for acquiring the additional funds from other sources. Source notes for subsection (e): (Laws 1996, ch. 59, § 3e; 1997, ch. 45, § 11.)
(f) Project - Pinedale Water Supply Project:
(i) Project sponsor: Town of Pinedale;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million five hundred fifty thousand dollars ($3,550,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million one hundred seventy-one thousand five hundred dollars ($1,171,500.00) 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, unless the sponsor commits to install water meters in which case the term of the loan shall be thirty (30) years, at an annual 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 million three hundred seventy-eight thousand five hundred dollars ($2,378,500.00) 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 three million five hundred fifty thousand dollars ($3,550,000.00) 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 (f): (Laws 1996, ch. 59, § 3f.)
(g) Project - Riverton Water Supply Project:
(i) Project sponsor: City of Riverton;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred sixty-six thousand dollars ($466,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred twelve thousand dollars ($312,000.00) 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 three hundred twelve thousand dollars ($312,000.00) 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, 2001;
(vii) Special condition: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources. Source notes for subsection (g): (Laws 1996, ch. 59, § 3g; 1999, ch. 16, § 3.)
(h) Project - Rolling Hills Water Supply Project:
(i) Project sponsor: Town of Rolling Hills;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pump, transmission pipelines, gas strippers and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred eighty-two thousand dollars ($282,000.00);
(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 ninety-three thousand sixty dollars ($93,060.00) 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 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 eighty-eight thousand nine hundred forty dollars ($188,940.00) 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 eighty-two thousand dollars ($282,000.00) 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 condition: The sponsor shall purchase the well completed during the Level II study for a price of twenty-six thousand four hundred dollars ($26,400.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (h): (Laws 1996, ch. 59, § 3h; 1997, ch. 45, § 12.)
(j) Project - Upper Little Warm Springs Water Supply Project:
(i) Project sponsor: Little Warm Springs Water District;
(ii) Project purpose: Domestic water supply within the district boundaries;
(iii) Project description: Wells, storage facilities, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million six hundred thousand dollars ($1,600,000.00);
(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 five hundred twenty-eight thousand dollars ($528,000.00) 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 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 seventy-two thousand dollars ($1,072,000.00) 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 six hundred thousand dollars ($1,600,000.00) 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) The sponsor shall purchase the well completed during the Level II study for a price of fifty-five thousand dollars ($55,000.00) 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 the actual construction costs 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%). In either event, the purchase agreement must be completed prior to commencement of the project;
(B) Payment of interest and principal and accrual of interest on the loan shall be deferred until two (2) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining twenty-eight (28) years of the term. Source notes for subsection (j): (Laws 1996, ch. 59, § 3j.)
99-2-604. 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 appropriation;
(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 1996, ch. 59, § 4a.)
(b) Project - Cokeville Tri-Diversion Project:
(i) Project sponsor: Cokeville Watershed Improvement District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Replacement or repair of tri-diversion irrigation structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred sixty thousand dollars ($160,000.00);
(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 eighty thousand dollars ($80,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 eighty thousand dollars ($80,000.00) 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 sixty thousand dollars ($160,000.00) 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, 1999. Source notes for subsection (b): (Laws 1996, ch. 59, § 4b.)
(c) Elkhorn Creek Water Supply Project:
(i) Project sponsor: Town of Evansville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Installation of collection facilities and replacement of pipeline, and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred thousand dollars ($900,000.00). Phase I budget: Fifty thousand dollars ($50,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, construction engineering and construction of the project an amount not to exceed fifty thousand dollars ($50,000.00) for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7 1/4%);
(vi) Appropriation: There is appropriated from water development account II to the commission fifty thousand dollars ($50,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1999. Source notes for subsection (c): (Laws 1996, ch. 59, § 4c.)
(d) Project - Greybull Rehabilitation Project:
(i) Project sponsor: Town of Greybull;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipeline improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred fifty-five thousand dollars ($355,000.00);
(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-seven thousand five hundred dollars ($177,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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-seven thousand five hundred dollars ($177,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission three hundred fifty-five thousand dollars ($355,000.00) 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, 1999. Source notes for subsection (d): (Laws 1996, ch. 59, § 4d.)
(e) Project - Lyman Springs Rehabilitation Project:
(i) Project sponsor: Town of Lyman;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Spring improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred fifty-five thousand dollars ($255,000.00);
(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 twenty-seven thousand five hundred dollars ($127,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 twenty-seven thousand five hundred dollars ($127,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two hundred fifty-five thousand dollars ($255,000.00) 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, 1999. Source notes for subsection (e): (Laws 1996, ch. 59, § 4e.)
(f) Project - Pine Bluffs Well Rehabilitation Project:
(i) Project sponsor: Town of Pine Bluffs;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred fifty-five thousand dollars ($155,000.00);
(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-seven thousand five hundred dollars ($77,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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-seven thousand five hundred dollars ($77,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred fifty-five thousand dollars ($155,000.00) 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, 1999. Source notes for subsection (f): (Laws 1996, ch. 59, § 4f.)
(g) Project - Porto Canal Irrigation Project:
(i) Project sponsor: Porto Canal Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Irrigation pipelines and replacement or repair of irrigation structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred eight thousand dollars ($808,000.00);
(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 twenty-three thousand two hundred dollars ($323,200.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 eighty-four thousand eight hundred dollars ($484,800.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission eight hundred eight thousand dollars ($808,000.00) 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, 1999. Source notes for subsection (g): (Laws 1996, ch. 59, § 4g.)
(a) As used in this act [§§ 99-2-701 through 99-2-704]:
(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 (1) or more of the projects identified in section 3 or 4 of this act [§ 99-2-703 or 99-2-704];
(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 1997, ch. 45, § 1.)
(a) The commission shall contract with each sponsor identified in this act [§§ 99-2-701 through 99-2-704] for the design, construction and operation of the project in a manner consistent with this act [§§ 99-2-701 through 99-2-704] 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 1997, ch. 45, § 2.)
99-2-703. 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) A sponsor 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 sponsor;
(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 appropriation;
(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 1997, ch. 45, § 3a.)
(b) Project - American Road Water Supply Project:
(i) Project sponsor: American Road Water and Sewer District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A Fort Union production well, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred fifty thousand dollars ($250,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account 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 dollars ($100,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred fifty thousand dollars ($150,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two hundred 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, 2000. Source notes for subsection (b): (Laws 1997, ch. 45, § 3b.)
(c) Project - Burlington Water Supply Project:
(i) Project sponsor: Town of Burlington;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well head protection program, pump installation for existing wells, pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six Hundred thousand dollars ($600,000.00);
(v) Project 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 three hundred sixty thousand dollars ($360,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three hundred sixty thousand dollars ($360,000.00) 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, 2000;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1997, ch. 45, § 3c.)
(d) Project - Carpenter Water Supply Project:
(i) Project sponsor: Carpenter Water and Sewer District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred sixty thousand dollars ($860,000.00), of which, five hundred thirty eight thousand dollars ($538,000.00) is for expenses associated with eligible commission components;
(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 three hundred sixty thousand ($360,000.00) or sixty-seven percent (67%) of the actual development costs for commission eligible components, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three hundred sixty thousand dollars ($360,000.00) 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, 2000;
(vii) Special condition: The sponsor is responsible for acquiring fifty-eight percent (58%) of the total project budget from other sources. Source notes for subsection (d): (Laws 1997, ch. 45, § 3d.)
(e) Project - Osage Water Supply Project:
(i) Project sponsor: Osage Water District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Valves, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million nine hundred seventy-two thousand dollars ($1,972,000.00), of which one million five hundred thousand dollars ($1,500,000.00) is for expenses associated with eligible commission components;
(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 ($200,000.00) or ten percent (10%) of the actual total project development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 five thousand dollars ($1,005,000.00) or fifty-one percent (51%) of the actual total project development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million two hundred five thousand dollars ($1,205,000.00) 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, 2000;
(viii) Special conditions:
(A) The sponsor shall purchase the well completed during the Level II study for a price of eighteen thousand eight hundred one dollars and forty-six cents ($18,801.46). The sponsor may purchase the well with a lump sum payment or with amortized payments based on the actual construction costs 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%). In either event, a Level II well purchase agreement must be completed prior to commencement of the project;
(B) The sponsor is responsible for acquiring thirty-nine percent (39%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1997, ch. 45, § 3e.)
99-2-704. 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 sponsor;
(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 appropriation;
(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 1997, ch. 45, § 4a.)
(b) Project - Cheyenne Raw Water Project:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Irrigation water supply for parks and golf course complex in northwest Cheyenne;
(iii) Project description: An existing 16 inch potable water main will be converted to a raw water pipeline to supply irrigation water to parks and golf courses located in the northwestern area of Cheyenne. The project includes pump station construction, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million eight hundred thousand dollars ($1,800,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed nine hundred thousand dollars ($900,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of ten (10) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed nine hundred thousand dollars ($900,000.00) 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 eight hundred thousand dollars ($1,800,000.00) 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. Source notes for subsection (b): (Laws 1997, ch. 45, § 4b.)
(c) Chugwater Water Supply Project:
(i) Project sponsor: Town of Chugwater;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wellhead protection, tank rehabilitation, transmission main replacement and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred seven thousand dollars ($207,000.00);
(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 one hundred three thousand five hundred dollars ($103,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one hundred three thousand five hundred dollars ($103,500.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2000;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1997, ch. 45, § 4c.)
(d) Project - Cody Raw Water Project:
(i) Project sponsor: City of Cody;
(ii) Project purpose: Raw water irrigation supply;
(iii) Project description: pump stations, pump station improvements, new storage facility, transmission pipeline improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred thousand dollars ($1,700,000.00);
(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 eight hundred fifty thousand dollars ($850,000.00) 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 eight hundred fifty thousand dollars ($850,000.00) 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 condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (d): (Laws 1997, ch. 45, § 4d.)
(e) Project - Gillette Rehabilitation Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Electrical improvements to Gillette’s Madison well field municipal and domestic water supply;
(iii) Project description: Electrical distribution cable, transformers, grounding systems, surge arresters, switchgear, electrical controls and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred thousand dollars ($600,000.00);
(v) Project 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 thousand dollars ($300,000.00) 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 three hundred thousand dollars ($300,000.00) 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 condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1997, ch. 45, § 4e.)
(f) Project-Gunbarrel Lateral Rehabilitation Project:
(i) Project sponsor: Platte County Resource District;
(ii) Project purpose: Rehabilitation of the Gunbarrel Lateral ditch;
(iii) Project description: Conversion of a large part of the open channel ditch into a buried pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred thousand dollars ($500,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed two hundred fifty thousand dollars ($250,000.00) or one hundred percent (100%) of the materials cost, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred fifty thousand dollars ($250,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2000;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the project budget from other sources. Source notes for subsection (f): (Laws 1997, ch. 45, § 4f; 1998, ch. 38, § 11.)
(g) Project - Hill Irrigation District Project:
(i) Project sponsor: Hill Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Canal rehabilitation, flow measuring structure rehabilitation, turnout rehabilitation and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred thousand dollars ($100,000.00);
(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 fifty thousand hundred dollars ($50,000.00) 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 rate of six percent (6%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed fifty thousand dollars ($50,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred thousand dollars ($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 II on July 1, 2000. Source notes for subsection (g): (Laws 1997, ch. 45, § 4g.)
(h) Project - Lance Creek Water Rehabilitation Project:
(i) Project sponsor: Lance Creek Water District;
(ii) Project purpose: Municipal and Domestic water supply;
(iii) Project description: Rehabilitation of existing wells, installation of backflow preventors to isolate stock watering tanks from the potable supply, construction of a disinfection system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred fifteen thousand dollars ($115,000.00);
(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 fifty-seven thousand five hundred dollars ($57,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 fifty-seven thousand five hundred dollars ($57,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred fifteen thousand dollars ($115,000.00) 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. Source notes for subsection (h): (Laws 1997, ch. 45, § 4h.)
(j) Project - Spring Draw Ditch Rehabilitation Project:
(i) Project sponsor: Spring Draw Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Concrete ditch reclamation, pipeline installation, structures, meters, hydrants and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred fifty thousand dollars ($350,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred seventy-five thousand ($175,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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-five thousand dollars ($175,000.00) 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 fifty thousand dollars ($350,000.00) 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. Source notes for subsection (j): (Laws 1997, ch. 45, § 4j.)
(k) Project - Wheatland Irrigation District Laramie River Diversion improvements:
(i) Project sponsor: Wheatland Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Diversion dam rehabilitation, headwall construction, installation of operators on tunnel gates, sluice gate rehabilitation, removal of old concrete headgate structure, measuring device installation, replace operators on diversion dam, telemetry communication installation and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty-six thousand five hundred dollars ($456,500.00);
(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 twenty-eight thousand two hundred fifty dollars ($228,250.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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-eight thousand two hundred fifty dollars ($228,250.00) 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 fifty-six thousand five hundred dollars ($456,500.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2000. Source notes for subsection (k): (Laws 1997, ch. 45, § 4k; 1999, ch. 16, § 4.)
(m) Project - Worland Water Supply Rehabilitation Project:
(i) Project sponsor: City of Worland District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation and replacement of twenty-four (24) inch diameter transmission pipeline that washed out December, 1996 and related appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Forty thousand dollars ($40,000.00);
(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 twenty thousand dollars ($20,000.00) 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 twenty thousand dollars ($20,000.00) 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, 1998;
(vii) Special Condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (m): (Laws 1997, ch. 45, § 4m.)
(n) Project - Wright Water Supply Project:
(i) Project sponsor: Wright Water and Sewer District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of existing wells, drop pipe rehabilitation and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred thousand dollars ($100,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed fifty thousand dollars ($50,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission fifty thousand dollars ($50,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2000;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (n): (Laws 1997, ch. 45, § 4n.)
(a) As used in this chapter:
(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 (1) or more of the projects identified in this chapter;
(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);
(v) "Water development account III" means the account created by W.S. 41-2-124(a)(iii). (Laws 1998, ch. 38, § 1; 2006, ch. 105, § 2.)
(a) The commission shall contract with each sponsor identified in this chapter for the design, construction and operation of the project in a manner consistent with this chapter 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 1998, ch. 38, § 1.)
99-3-103. General conditions for Level III construction projects-new development.
(a) Except as otherwise specifically provided, each Level III new development construction project identified in this chapter 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) A sponsor 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 sponsor;
(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 appropriation;
(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. (Laws 1998, ch. 38, § 1.)
99-3-104. General conditions for Level III construction projects; rehabilitation.
(a) Except as otherwise specifically provided, each Level III rehabilitation construction project identified in this chapter 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 sponsor;
(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 appropriation;
(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. (Laws 1998, ch. 38, § 1.)
(a) To facilitate the drafting and amendment of water project legislation, the legislative service office may assign statute numbers and headings to previously enacted session laws, provided:
(i) The statute numbers and headings are for reference and identification only and do not constitute any part of the substantive law and shall not alter the meaning of the previously enacted session laws;
(ii) In amending or repealing any session law assigned a number under this section, it is sufficient to identify the law by designating the assigned number without reference to the original chapter and section of the session law enactment, or amendment thereof;
(iii) A disposition table identifying the session laws renumbered under this section shall be maintained on file in the legislative service office;
(iv) Session laws numbered under this section need not be codified as part of the regularly published Wyoming statutes. (Laws 1998, ch. 38, § 1.)
99-3-106. General conditions for Level III construction projects-dams and reservoirs.
(a) Except as otherwise specifically provided, each Level III dam and reservoir construction project identified in this chapter 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) A sponsor 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 sponsor;
(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 appropriation;
(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 III;
(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 III. (Laws 2006, ch. 105, § 1.)
99-3-203. Level III construction projects – new development.
(a) Authorization is granted for the Level III new development construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-103. Source notes for subsection (a): (Laws 1998, ch. 38, § 2.)
(b) Project - Buffalo Valley Water Supply Project:
(i) Project sponsor: Buffalo Valley Water District;
(ii) Project purpose: Rural and domestic water supply;
(iii) Project description: A well, pipeline, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred seventy-five thousand dollars ($475,000.00);
(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 ninety thousand dollars ($190,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred eighty-five thousand dollars ($285,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred seventy-five thousand dollars ($475,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2005;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of six thousand two hundred sixty-four dollars ($6,264.00) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement must be completed prior to commencement of the project. Source notes for subsection (b): (Laws 1998, ch. 38, § 2; 2001, Ch. 2, § 2.)
(c) Project - Encampment Water Supply Project:
(i) Project sponsor: Town of Encampment;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A transmission pipeline, a raw water pipeline, fittings and valves to connect to the Sierra Madre Water and Sewer Joint Powers Board water system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred twenty-eight thousand dollars ($228,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thirty-seven thousand dollars ($137,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one hundred thirty-seven thousand dollars ($137,000.00) 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, 2001;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1998, ch. 38, § 2.)
(d) Project - Evanston Raw Water Supply Project:
(i) Project sponsor: City of Evanston;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Raw water pipelines, well replumbing and rehabilitation, storage facilities, pump installation, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million five hundred thousand dollars ($1,500,000.00);
(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 six hundred thousand dollars ($600,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed nine hundred thousand dollars ($900,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million five hundred thousand dollars ($1,500,000.00) 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, 2002. Source notes for subsection (d): (Laws 1998, ch. 38, § 2.)
(e) Project - Gillette Water Storage and Transmission Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facilities, transmission pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million four hundred thousand dollars ($3,400,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two million forty thousand dollars ($2,040,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million forty thousand dollars ($2,040,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1998, ch. 38, § 2.)
(f) Project - Greybull Shell Well No. 3 Water Supply Project:
(i) Project sponsor: Town of Greybull;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wellhead piping, a well house, pump station, pipelines, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred seventeen thousand dollars ($517,000.00);
(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 eight hundred dollars ($206,800.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred ten thousand two hundred dollars ($310,200.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission five hundred seventeen thousand dollars ($517,000.00) 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, 2001;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of ninety-two thousand eight hundred dollars ($92,800.00) which is forty percent (40%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments based on forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement must be completed prior to commencement of the project. Source notes for subsection (f): (Laws 1998, ch. 38, § 2; 1999, ch. 16, § 5.)
(g) Project - Hartville Water Supply Project:
(i) Project sponsor: Town of Hartville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transfer of the well constructed during the Level II study to the town. Other project components described in the Level II study are being funded from other sources;
(iv) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of nineteen thousand twenty dollars ($19,020.00) which is forty percent (40%) of the actual construction costs. The sponsor shall purchase the well with a lump sum payment prior to transferring ownership of the well to the town. Source notes for subsection (g): (Laws 1998, ch. 38, § 2.)
(h) Project - Manville Water Supply Project:
(i) Project sponsor: Town of Manville;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pipelines, valves and pumps necessary to incorporate a new well constructed during the Level II study into the system and other miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred fifteen thousand dollars ($115,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty-nine thousand dollars ($69,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission sixty-nine thousand dollars ($69,000.00) 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, 2001;
(vii) Special conditions:
(A) The sponsor shall purchase the well completed during the Level II study for a lump sum price of thirteen thousand sixty-five dollars ($13,065.00) which is forty percent (40%) of the actual construction costs. The purchase of the well shall occur prior to commencement of the project;
(B) The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources. Source notes for subsection (h): (Laws 1998, ch. 38, § 2.)
(j) Project - Meeteetse Water Supply Project:
(i) Project sponsor: Town of Meeteetse;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Raw water transmission pipeline, finished water transmission pipeline, diversion, pump station, fittings, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred fifty-five thousand dollars ($555,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred thirty-three thousand dollars ($333,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three hundred thirty-three thousand dollars ($333,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (j): (Laws 1998, ch. 38, § 2.)
(k) Project - Thayne Water Supply Project:
(i) Project sponsor: Town of Thayne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Well appurtenances, well transmission pipeline, spring transmission line, spring rehabilitation, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred fifty thousand dollars ($850,000.00);
(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 forty thousand dollars ($340,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed five hundred ten thousand dollars ($510,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission eight hundred fifty thousand dollars ($850,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for forty percent (40%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments based on forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement must be completed prior to commencement of the project. Source notes for subsection (k): (Laws 1998, ch. 38, § 2.)
(m) Project - Torrington Water Supply Project:
(i) Project sponsor: Town of Torrington;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Wells, transmission pipelines, booster pump station, well houses, telemetry, valves, fittings and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five million one hundred five thousand dollars ($5,105,000.00);
(v) Project loan: The state of Wyoming may 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 twenty-nine thousand seven hundred eighty-three dollars ($329,783.00) or six and forty-six hundredths percent (6.46%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three million sixty-three thousand dollars ($3,063,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission three million three hundred ninety-two thousand seven hundred eighty-three dollars ($3,392,783.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2008;
(viii) Special condition: The sponsor is responsible for acquiring thirty-three and fifty-four hundredths percent (33.54%) of the total project budget from other sources. Source notes for subsection (m): (Laws 1998, Ch. 38, § 2; 2002, Ch. 88, § 3; 2008, Ch. 75, § 2.)
99-3-204. Level III construction projects-rehabilitation.
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-104. Source notes for subsection (a): (Laws 1998, ch. 38, § 2.)
(b) Project - Lance Creek Transmission Pipeline and Storage Rehabilitation Project:
(i) Project sponsor: Lance Creek Water District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pipelines, valves, wells and other miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred twelve thousand dollars ($512,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred twelve thousand nine hundred dollars ($212,900.00) or forty-two percent (42%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred twelve thousand nine hundred dollars ($212,900.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(vii) Special condition: The sponsor is responsible for acquiring fifty-eight percent (58%) of the total project budget from other sources. Source notes for subsection (b): (Laws 1998, ch. 38, § 2.)
(c) Project - Laramie Diversion and Transmission Line Rehabilitation Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of the Pioneer Canal Diversion facility, installation of water measuring devices, replacement of corroded twenty-four inch (24") diameter transmission line between the water treatment facilities and the City of Laramie, valves, fittings and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million nine hundred forty-five thousand dollars ($4,945,000.00);
(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 million four hundred seventy-two thousand five hundred dollars ($2,472,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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 million four hundred seventy-two thousand five hundred dollars ($2,472,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission four million nine hundred forty-five thousand dollars ($4,945,000.00) 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, 2002. Source notes for subsection (c): (Laws 1998, ch. 38, § 2.)
(d) Project - Horsecreek Conservation District Rehabilitation Project:
(i) Project sponsor: Horsecreek Conservation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacement of approximately two thousand six hundred feet (2600') of open ditch with thirty-six inch (36") diameter pipe, miscellaneous diameter pipe, turnouts, canal lining, measuring devices, regrading canal flow lines, and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred ninety-three thousand two hundred dollars ($493,200.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed two hundred forty-six thousand six hundred dollars ($246,600.00) or one hundred percent (100%) of the materials cost, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred forty-six thousand six hundred dollars ($246,600.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002;
(vii) Special conditions:
(A) The sponsor is responsible for hiring a professional engineering consultant, registered in Wyoming, to compile materials bid documents, to monitor construction activities and to provide construction management services;
(B) The sponsor is responsible for securing fifty percent (50%) of the project budget from other sources. Source notes for subsection (d): (Laws 1998, ch. 38, § 2; 1999, ch. 16, § 6.)
(e) Project - Rawlins Transmission Line Rehabilitation Project:
(i) Project sponsor: City of Rawlins;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Replacement of a raw water transmission line extending from the Platte River near the vicinity of Sinclair, Wyoming to Rawlins, Wyoming, valves, fittings and construction of a new treated water transmission line to provide water to the town of Sinclair and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six million three hundred fifty thousand dollars ($6,350,000.00);
(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 three million eight hundred ten thousand dollars ($3,810,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission three million eight hundred ten thousand dollars ($3,810,000.00) 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, 2006;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1998, ch. 38, § 2; 2002, Ch. 88, § 4; 2003, Ch. 69, § 2.)
(f) Project - Rock River Transmission Pipeline Rehabilitation Project:
(i) Project sponsor: Town of Rock River;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Replace and upgrade approximately five (5) miles of transmission pipeline, enlarge the infiltration gallery and include appurtenances necessary to make the project function in the manner intended;
(iv) Total Project budget: One million three hundred forty thousand dollars ($1,340,000.00);
(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 seventy thousand dollars ($670,000.00) 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 seventy thousand dollars ($670,000.00) 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, 2002;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources. Source notes for subsection (f): (Laws 1998, ch. 38, § 2.)
(g) Project - Wheatland Irrigation District Sand Lake and Canon Canal Rehabilitation Project:
(i) Project sponsor: Wheatland Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Repair breach of the Sand Lake dam, armor the spillway, install a telemetry monitoring system at Sand Lake, repair the Dutton Creek Reservoir outlet pipe, replace Dutton Canal concrete lining, stabilize the canon canal slide area, install concrete lining in Canon canal along I-80, replace and install check and turnout structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred thirty-two thousand dollars ($632,000.00);
(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 sixteen thousand dollars ($316,000.00) 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 rate of six percent (6%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred sixteen thousand dollars ($316,000.00) 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 six hundred thirty-two thousand dollars ($632,000.00) 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, 2006. Source notes for subsection (g): (Laws 1998, ch. 38, § 2; 2002, Ch. 88, § 5.)
(h) Project - Worland Transmission Line Rehabilitation Project:
(i) Project sponsor: City of Worland;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Installation of a supervisory control and data acquisition system (SCADA), installation of automatic shutoff valves, stocking replacement ductile iron pipe transition collars, pipe joints and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred thousand dollars ($300,000.00);
(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 fifty thousand dollars ($150,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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 fifty thousand dollars ($150,000.00) 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 thousand dollars ($300,000.00) 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, 2001. Source notes for subsection (h): (Laws 1998, ch. 38, § 2.)
99-3-303. Level III construction projects new development.
(a) Authorization is granted for the Level III new development construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-103. Source notes for subsection (a): (Laws 1999, ch. 16, § 1.)
(b) Project - Aladdin Water Supply Project:
(i) Project sponsor: Wyoming Water Development Commission;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Authorization for the commission to transfer ownership of the Project;
(iv) Special Conditions:
(A) Repealed by Laws 2025, ch. 111, § 3.
(B) Repealed by Laws 2025, ch. 111, § 3.
(C) Repealed by Laws 2025, ch. 111, § 3.
(D) Repealed by Laws 2025, ch. 111, § 3.
(E) Repealed by Laws 2025, ch. 111, § 3.
(F) Notwithstanding any other provision of law, the commission shall transfer to the Aladdin Water District all rights, title and interest to the Project, to include the well and associated parcel of real property upon occurrence of all the following:
(I) Expiration of any existing water service contract between the commission and the Aladdin Water District;
(II) A finding by the commission that it has no further Project related interest;
(III) Execution of an agreement between the commission and Aladdin Water District to transfer the Project. Source Notes for subsection (b): (Laws 1999, Ch. 16, § 1; 2025, Ch. 111, § 2.)
(c) Project - Centennial Water Supply Project:
(i) Project sponsor: Centennial Water and Sewer District;
(ii) Project purpose: Rural and domestic water supply;
(iii) Project description: Storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred ten thousand dollars ($110,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed forty-four thousand dollars ($44,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty-six thousand dollars ($66,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one hundred ten thousand dollars ($110,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2002. Source notes for subsection (c): (Laws 1999, ch. 16, § 1.)
(d) Project - Chugwater Water Supply Project:
(i) Project sponsor: Town of Chugwater;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facilities, transmission pipelines, valves, wells and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million thirteen thousand dollars ($2,013,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million two hundred seven thousand eight hundred dollars ($1,207,800.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million two hundred seven thousand eight hundred dollars ($1,207,800.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2010;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources;
(viii) Supplemental project budget: Two hundred thousand dollars ($200,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission an amount not to exceed one hundred thirty-four thousand dollars ($134,000.00) or sixty-seven percent (67%) of the additional funds needed to complete the project, whichever is less. Supplemental grant funds may be used for design, permit procurement, project land procurement, construction engineering and construction of the project;
(x) Supplemental appropriation: There is appropriated from water development account I to the commission an additional one hundred thirty-four thousand dollars ($134,000.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total one million three hundred forty-one thousand eight hundred dollars ($1,341,800.00), or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring the remaining thirty-three percent (33%) of the total supplemental project budget from other sources;
(B) The supplemental appropriation is based upon a different grant percentage than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures. Source notes for subsection (d): (Laws 1999, ch. 16, § 1; 2003, Ch. 69, § 3; 2005, ch. 147, § 3; 2006, ch. 105, § 4.)
(e) Project - Douglas Water Supply Project:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage improvements, Sheep Mountain well transmission pipeline, Boxelder spring improvements, fittings, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million four hundred fifty thousand dollars ($3,450,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two million seventy thousand dollars ($2,070,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million seventy thousand dollars ($2,070,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2005;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (e): (Laws 1999, ch. 16, § 1; 2003, Ch. 69, § 4.)
(f) Project - Jackson Raw Water Supply Project:
(i) Project sponsor: City of Jackson;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Three (3) alluvial wells, raw water pipelines, pump installation, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred eighty thousand dollars ($180,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred seventy thousand dollars ($270,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred fifty thousand dollars ($450,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2003. Source notes for subsection (f): (Laws 1999, ch. 16, § 1.)
(g) Project - Laramie West Water Supply Project:
(i) Project sponsor: City of Laramie;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million nine hundred fifty thousand dollars ($2,950,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million one hundred eighty thousand dollars ($1,180,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred seventy thousand dollars ($1,770,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two million nine hundred fifty thousand dollars ($2,950,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2003. Source notes for subsection (g): (Laws 1999, ch. 16, § 1.)
(h) Project - Little Snake River Small Dams and Reservoirs Project:
(i) Project sponsor: Little Snake River Conservation District;
(ii) Project purpose: Multi-purpose - agriculture, recreation;
(iii) Project description: Construction of small dams to impound water for livestock, wildlife and recreation use;
(iv) Total project budget: Two hundred sixty-five thousand dollars ($265,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred six thousand dollars ($106,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred fifty-nine thousand dollars ($159,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two hundred sixty-five thousand dollars ($265,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2003;
(viii) Special conditions:
(A) The sponsor shall deposit cash or other securities valued at the full amount of the loan in an escrow account, as deemed appropriate by the attorney general, which names the commission as the beneficiary or recipient in the event of default on the loan. Interest earnings on cash or securities deposited in the escrow account shall remain with the sponsor;
(B) Construction of dams and reservoirs shall be limited to all or a portion of the twelve (12) projects identified and recommended for construction in the Little Snake River Basin Small Reservoir Development Project. The sponsor shall obtain the approval of the commission prior to the construction of any individual facility. Source notes for subsection (h): (Laws 1999, ch. 16, § 1; 2001, Ch. 2, § 5.)
(j) Project - Sheridan Raw Water Supply Project:
(i) Project sponsor: City of Sheridan;
(ii) Project purpose: Municipal raw water supply;
(iii) Project description: Infiltration gallery, flushing system, raw water transmission pipelines, pump station installation, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million three hundred twenty-six thousand seven hundred dollars ($1,326,700.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred ninety-six thousand dollars ($796,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission seven hundred ninety-six thousand dollars ($796,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2003;
(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (j): (Laws 1999, ch. 16, § 1; 2000, Ch. 96, § 2.)
(k) Project - Washakie Rural Water Supply Project:
(i) Project sponsor: Washakie Rural Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: The project consists of a rural potable water system extending from the Hot Springs County line on the south to the Big Horn County line on the north and encompasses most of the private lands along both banks of the Big Horn River. The project also includes construction of the water transmission and distribution system and appurtenances necessary to provide potable water service to the McNutt Improvement and Service District. Project components include transmission pipelines, storage facilities, booster pumps, valves, telemetry and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Sixteen million eight hundred ten thousand five hundred dollars ($16,810,500.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eleven million two hundred sixty-three thousand dollars ($11,263,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission eleven million two hundred sixty-three thousand dollars ($11,263,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2009;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) Water users in the McNutt Improvement and Service District and water users in the sponsor's service area shall be assessed the same rate for similar types of water use. The sponsor is responsible for all water system related operational and maintenance activities of the Washakie Rural Improvement and Service District and the McNutt Improvement and Service District. Source notes for subsection (k): (Laws 1999, ch. 16, § 1; 2001, Ch. 2, § 6; 2003, Ch. 69, § 5; 2004, Ch. 118, § 2; 2006, ch. 105, § 6; 2009, Ch. 38, § 2.)
(m) Project - Westside/Rock Springs Water Supply Project:
(i) Project sponsor: City of Green River, City of Rock Springs Sweetwater County, State of Wyoming Joint Powers Water Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipelines, telemetry, valves, fittings and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred eighty thousand dollars ($180,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred seventy thousand dollars ($270,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission four hundred fifty thousand dollars ($450,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2003. Source notes for subsection (m): (Laws 1999, ch. 16, § 1.)
99-3-304. Level III construction projects - rehabilitation.
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-104. Source notes for subsection (a): (Laws 1999, ch. 16, § 1.)
(b) Project - Downer Neighborhood Water Supply Rehabilitation Project:
(i) Project sponsor: Downer Neighborhood Improvement and Service District;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pipelines, valves, wells and other miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million nine hundred ninety-nine thousand five hundred dollars ($2,999,500.00);
(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 one million one hundred ninety-eight thousand one hundred dollars ($1,198,100.00) or fifty percent (50%) of the eligible actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one million one hundred ninety-eight thousand one hundred dollars ($1,198,100.00) 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, 2003;
(vii) Special condition: The sponsor is responsible for securing the balance of project funding from other sources. Source notes for subsection (b): (Laws 1999, ch. 16, § 1; 2001, Ch. 2, § 3.)
(c) Project - Kirby Irrigation District Rehabilitation Project:
(i) Project sponsor: Kirby Irrigation District;
(ii) Project purpose: Irrigation;
(iii) Project description: Replacement of a wasteway at Kirby Creek, replacement of the Black Willow Creek crossing and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Sixty thousand dollars ($60,000.00);
(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 thirty thousand dollars ($30,000.00) 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 rate of six percent (6%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of pipe, fittings and related materials not to exceed thirty thousand dollars ($30,000.00) 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 sixty thousand dollars ($60,000.00) 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, 2003;
(viii) Special condition: The sponsor is responsible for acquiring a professional engineer registered in Wyoming, to compile a list of materials and bid documents, to monitor construction activities and to provide construction management services. Source notes for subsection (c): (Laws 1999, ch. 16, § 1.)
(d) Project - Lander Intake Facilities Rehabilitation Project:
(i) Project sponsor: City of Lander;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Improvements to the existing diversion facilities, including construction and installation of a sedimentation control facility, river intake control system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred thousand dollars ($400,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thousand dollars ($200,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred 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, 2003;
(vii) Special condition: The sponsor is responsible for securing fifty percent (50%) of project funding from other sources. Source notes for subsection (d): (Laws 1999, ch. 16, § 1.)
(e) Project - Lingle Water Supply System Rehabilitation Project:
(i) Project sponsor: Town of Lingle;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Installation of transmission pipeline, removing the 1928 vintage storage tank from service and appurtenances necessary to make the project 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 thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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, 2003. Source notes for subsection (e): (Laws 1999, ch. 16, § 1.)
(f) Project - Westside/Rock Springs Transmission Line Rehabilitation Project:
(i) Project sponsor: City of Green River, Wyoming; City of Rock Springs, Wyoming; Sweetwater County, State of Wyoming; Joint Powers Water Board;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of existing transmission pipelines between Green River and Rock Springs near the intersection of Interstate 80 and U.S. Highway 191 and appurtenances necessary to make the project 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 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 twelve thousand five hundred dollars ($312,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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 twelve thousand five hundred dollars ($312,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission 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 II on July 1, 2003. Source notes for subsection (f): (Laws 1999, ch. 16, § 1.)
99-3-403. Level III construction projects – new development.
(a) Authorization is granted for the Level III new development construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-103. Source notes for subsection (a): (Laws 2000, Ch. 96, § 1.)
(b) Project – Antelope Valley Water Supply Project:
(i) Project sponsor: Antelope Valley Improvement and Service District;
(ii) Project purpose: Rural and domestic water supply;
(iii) Project description: A well, pipeline, storage facilities, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred seventy thousand dollars ($170,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty-eight thousand dollars ($68,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred two thousand dollars ($102,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one hundred seventy thousand dollars ($170,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2004;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of forty-three thousand one hundred twenty-nine dollars and sixty cents ($43,129.60) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement shall be completed prior to commencement of the project. Source notes for subsection (b): (Laws 2000, Ch. 96, § 1.)
(c) Project – Bairoil Water Supply Project:
(i) Project sponsor: Town of Bairoil;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A well, pipeline, storage facilities, valves, the deepening of an existing raw water well and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred thousand dollars ($800,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred eighty thousand dollars ($480,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission four hundred eighty thousand dollars ($480,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2008;
(vii) Special conditions:
(A) The sponsor shall purchase the well completed during the Level II study for a price of forty-four thousand dollars ($44,000.00) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement shall be completed prior to commencement of the project;
(B) The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. Source notes for subsection (c): (Laws 2000, Ch. 96, § 1; 2004, Ch. 118, § 3.)
(d) Project - Casper Effluent Water Supply Project:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Wastewater effluent irrigation supply for an athletic complex in north Casper;
(iii) Project description: An effluent irrigation system for the North Casper Athletic Complex and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred thousand dollars ($600,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred forty thousand dollars ($240,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred sixty thousand dollars ($360,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission six hundred thousand dollars ($600,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2004. Source notes for subsection (d): (Laws 2000, Ch. 96, § 1.)
(e) Project - Cheyenne Supply Pipeline Project:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Transmission pipeline, control and outlet works improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Fourteen million dollars ($14,000,000.00);
(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 five million six hundred thousand dollars ($5,600,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed eight million four hundred thousand dollars ($8,400,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission fourteen million dollars ($14,000,000.00) 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, 2007. Source notes for subsection (e): (Laws 2000, Ch. 96, § 1; 2003, Ch. 69, § 6; 2005, ch. 147, § 5.)
(f) Project - Gillette Hidden Valley Storage and Transmission Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Storage facilities, transmission pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million two hundred fifty thousand dollars ($2,250,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred fifty thousand dollars ($1,350,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million three hundred fifty thousand dollars ($1,350,000.00) 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, 2004;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources. Source notes for subsection (f): (Laws 2000, Ch. 96, § 1.)
(g) Project – Glenrock Groundwater Supply Project:
(i) Project sponsor: Town of Glenrock;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A well, pipeline, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million eight hundred twenty-two thousand dollars ($1,822,000.00);
(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 seven hundred twenty-eight thousand eight hundred dollars ($728,800.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million ninety-three thousand two hundred dollars ($1,093,200.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million eight hundred twenty-two thousand dollars ($1,822,000.00) 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, 2004;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of sixty-six thousand eight hundred dollars ($66,800.00) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement shall be completed prior to commencement of the project. Source notes for subsection (g): (Laws 2000, Ch. 96, § 1; 2002, Ch. 88, § 6.)
(h) Project - Greybull Crossing and Tank Project:
(i) Project sponsor: City of Greybull;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: River crossing, transmission pipeline, storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million eight hundred fifty thousand dollars ($1,850,000.00);
(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 seven hundred forty thousand dollars ($740,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million one hundred ten thousand dollars ($1,110,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million eight hundred fifty thousand dollars ($1,850,000.00) 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, 2004. Source notes for subsection (h): (Laws 2000, Ch. 96, § 1.)
(j) Project - Lakeview Water Supply Project:
(i) Project sponsor: Lakeview Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred ninety thousand dollars ($390,000.00);
(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 fifty-six thousand dollars ($156,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thirty-four thousand dollars ($234,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission three hundred ninety thousand dollars ($390,000.00) 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, 2004. Source notes for subsection (j): (Laws 2000, Ch. 96, § 1.)
(k) Project – Newcastle Water Supply Project:
(i) Project sponsor: Town of Newcastle;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A storage tank, pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million two hundred thousand dollars ($2,200,000.00);
(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 eight hundred eighty thousand dollars ($880,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred twenty thousand dollars ($1,320,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission two million two hundred thousand dollars ($2,200,000.00) 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 I on July 1, 2006. Source notes for subsection (k): (Laws 2000, Ch. 96, § 1; 2004, Ch. 118, § 4.)
(m) Project – Ninemile Water Supply Project:
(i) Project sponsor: Ninemile Water and Sewer District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: A pipeline, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred twenty thousand dollars ($920,000.00);
(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 sixty-eight thousand dollars ($368,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed five hundred fifty-two thousand dollars ($552,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission nine hundred twenty thousand dollars ($920,000.00) 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, 2004. Source notes for subsection (m): (Laws 2000, Ch. 96, § 1.)
(n) Project – Pine Bluffs Supply Project:
(i) Project sponsor: Town of Pine Bluffs;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred forty-five thousand dollars ($1,245,000.00);
(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 ninety-eight thousand dollars ($498,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred forty-seven thousand dollars ($747,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission one million two hundred forty-five thousand dollars ($1,245,000.00) 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, 2004. Source notes for subsection (n): (Laws 2000, Ch. 96, § 1.)
(o) Project – Salt Creek Water Supply Project:
(i) Project sponsor: Salt Creek Water District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Pipeline, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred ninety thousand dollars ($690,000.00);
(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 seventy-six thousand dollars ($276,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred fourteen thousand dollars ($414,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission six hundred ninety thousand dollars ($690,000.00) 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, 2004;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of one hundred twenty-five thousand eight hundred dollars ($125,800.00) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement shall be completed prior to commencement of the project. Source notes for subsection (o): (Laws 2000, Ch. 96, § 1.)
(p) Project – Sheridan Big Goose Water Supply Project:
(i) Project sponsor: City of Sheridan;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A diversion structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million one hundred ninety-eight thousand eight hundred nineteen dollars ($4,198,819.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two million two hundred ninety-one thousand dollars ($2,291,000.00) or fifty-four and fifty-six hundredths percent (54.56%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million two hundred ninety-one thousand dollars ($2,291,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2005;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty-five and forty-four hundredths percent (45.44%) of the total project budget from other sources. Source notes for subsection (p): (Laws 2000, Ch. 96, § 1; 2002, Ch. 88, § 7; 2003 Ch. 69, § 7.)
(q) Project - Sundance Tank:
(i) Project sponsor – Town of Sundance;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: A storage tank, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred twenty-five thousand dollars ($325,000.00);
(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 thirty thousand dollars ($130,000.00) or forty percent (40%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred ninety-five thousand dollars ($195,000.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account I to the commission three hundred twenty-five thousand dollars ($325,000.00) 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, 2004. Source notes for subsection (q): (Laws 2000, Ch. 96, § 1.)
(r) Project – Thirty-three Mile Water Supply Project:
(i) Project sponsor: Thirty-three Mile Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Pipelines, valves and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred forty thousand eight hundred ten dollars ($1,740,810.00);
(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 forty-four thousand four hundred eighty-six dollars ($1,044,486.00) or sixty percent (60%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million forty-four thousand four hundred eighty-six dollars ($1,044,486.00) 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, 2004;
(vii) Special condition: The sponsor is responsible for acquiring the remaining forty percent (40%) of the total project budget from other sources. Source notes for subsection (r): (Laws 2000, Ch. 96, § 1.)
99-3-404. Level III construction projects – rehabilitation.
(a) Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99-3-104. Source notes for subsection (a): (Laws 2000, Ch. 96, § 1.)
(b) Project - Afton Water Supply Rehabilitation Project:
(i) Project sponsor: Town of Afton;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of existing transmission pipeline and water system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred fifty thousand dollars ($450,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account 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-five thousand dollars ($225,000.00) 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 rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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-five thousand dollars ($225,000.00) 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 fifty thousand dollars ($450,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2004. Source notes for subsection (b): (Laws 2000, Ch. 96, § 1.)
(c) Project - Crestview Water Supply Rehabilitation Project:
(i) Project sponsor: Crestview Estates Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Rehabilitation of existing well, connection to Antelope Valley water system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eighty-two thousand dollars ($82,000.00);
(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 forty-one thousand dollars ($41,000.00) 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 forty-one thousand dollars ($41,000.00) 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, 2004;
(vii) Special condition: The sponsor is responsible for acquiring the remaining fifty percent (50%) of the total project budget from other sources. Source notes for subsection (c): (Laws 2000, Ch. 96, § 1.)
(d) Project - Goshen Irrigation District Water System Rehabilitation Project:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Rehabilitation of an irrigation delivery system;
(iii) Project description: Rehabilitation of the canal and lateral delivery system including slide gates, implementation of seepage control measures, automation of the delivery system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million four hundred fifty-two thousand dollars ($4,452,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed two million two hundred twenty-six thousand dollars ($2,226,000.00) or one hundred percent (100%) of the materials cost, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two million two hundred twenty-six thousand dollars ($2,226,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2010;
(vii) Special conditions: The sponsor is responsible for all costs related to project design, permit procurement, land procurement, construction engineering and construction of the project. Source notes for subsection (d): (Laws 2000, Ch. 96, § 1; 2004, Ch. 118, § 5.)
(e) Project - Highline Ditch Rehabilitation:
(i) Project sponsor: Highline Watershed Improvement District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of aging conveyance infrastructure including canals or irrigation ditches, measuring devices and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven Hundred twenty-six thousand dollars ($726,000.00);
(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 sixty-three thousand dollars ($363,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of six percent (6%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred sixty-three thousand dollars ($363,000.00) 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 twenty-six thousand dollars ($726,000.00) 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, 2004. Source notes for subsection (e): (Laws 2000, Ch. 96, § 1.)
(f) Project - Lander Water Supply Rehabilitation Project:
(i) Project sponsor: City of Lander;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Replacement of an existing raw water transmission pipeline, incorporation of a Level II groundwater test well into the potable water system, a pressure reducing station, air relief stations, and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million ninety-six thousand dollars ($2,096,000.00);
(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 forty-eight thousand dollars ($1,048,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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 forty-eight thousand dollars ($1,048,000.00) 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 ninety-six thousand dollars ($2,096,000.00) 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, 2004;
(viii) Special condition: The sponsor shall purchase the well completed during the Level II study for a price of ten thousand two hundred dollars ($10,200.00) or forty percent (40%) 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 forty percent (40%) of the actual construction costs 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 seven and one-quarter percent (7.25%). In either event, a purchase agreement shall be completed prior to commencement of the project. Source notes for subsection (f): (Laws 2000, Ch. 96, § 1; 2001, Ch. 2, § 7.)
(g) Project - Rolling Hills Well Rehabilitation Project:
(i) Project sponsor: Town of Rolling Hills;
(ii) Project purpose: Municipal and domestic water supply;
(iii) Project description: Rehabilitation of the town’s well, transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred twenty-five thousand dollars ($225,000.00);
(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 twelve thousand five hundred dollars ($112,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account 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 twelve-thousand five hundred dollars ($112,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two hundred 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 II on July 1, 2004. Source notes for subsection (g): (Laws 2000, Ch. 96, § 1.)
(h) Project – Fayette Irrigation Ditch Rehabilitation:
(i) Project sponsor: Fayette Irrigation District;
(ii) Project purpose: Irrigation water supply;
(iii) Project description: Rehabilitation of an aging conveyance infrastructure including headgates, drop structures, diversions, canals and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seventy-five thousand dollars ($75,000.00);
(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 thirty-seven thousand five hundred dollars ($37,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of six percent (6%);
(vi) Appropriation: There is appropriated from the water development account II to the commission seventy-five thousand dollars ($75,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2010;
(vii) 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 thirty-seven thousand five hundred dollars ($37,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(viii) Supplemental project budget: One hundred sixty thousand dollars ($160,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed one hundred seven thousand two hundred dollars ($107,200.00) or sixty-seven percent (67%) of the additional funds needed to complete the project, whichever is less. Supplemental grant funds may be used for design, construction engineering and construction of the project;
(x) Supplemental project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission an amount not to exceed fifty-two thousand eight hundred dollars ($52,800.00) or thirty-three percent (33%) of the additional funds needed to complete the project, whichever is less for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%). Supplemental loan funds may be used for design, permit procurement, project land procurement, construction engineering and construction of the project;
(xi) Supplemental appropriation: There is appropriated from water development account II to the commission an additional one hundred sixty thousand dollars ($160,000.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total two hundred thirty-five thousand dollars ($235,000.00), or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2010; and
(xii) Special supplemental condition: The supplemental appropriation is based upon a different grant and loan ratio than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures. Source notes for subsection (h): (Laws 2000, Ch. 96, § 1; 2002, Ch. 88, § 8; 2006, ch. 105, § 9.)
(a) The select water committee is directed to study and recommend a bill to the 2001 legislature addressing the following issues:
(i) Water well mitigation resulting from coal bed methane gas well operations. The committee should use as a starting point for its deliberations the agreement currently being used by many landowners, coal bed methane operations and the bureau of land management in resolving disputes between landowners and well operators. This agreement provides resolution for those well owners within one-half (1/2) mile of a coal bed methane well. Under this agreement, funding for issues relating to wells within this circle of influence are borne by the operator;
(ii) Setting up a mitigation process to be followed by parties who bring issues caused by coal bed methane development outside of the circle of influence;
(iii) Problems to be investigated should include, but not be limited to:
(A) Discharged water as a result of the coal bed methane well;
(B) Determinations as to which party was responsible for an impaired water well;
(C) Determinations as to whether a water well was impaired; and
(D) Determinations as to the effects of a coal bed methane well.
(iv) Ensuring that any water well must be properly permitted with the state engineer's office. Any proposed legislation:
(A) Should not limit the right of any party to resolve disputes in district court;
(B) Should consider requiring arbitration of disputes;
(C) Should consider potential determinations by water well owners who suffer impairments; and
(D) Should consider which parties should bear the costs of restoring water to its previous levels. (Laws 2000, Ch. 96, § 3.)
Seventy-five thousand dollars ($75,000.00) is appropriated from water development account I to the water development office to fund a water conservation study. These funds may also be used to match federal funding available for the same purpose. (Laws 2000, Ch. 96, § 3.)