99-99-202. Authorization for expenditures from permanent Wyoming mineral trust fund.
The state loan and investment board, with the advice of the director of the department of commerce is authorized to loan not to exceed fifteen million dollars ($15,000,000.00) from the permanent Wyoming mineral trust fund, to be advanced to the city of Gillette as deemed necessary by the department of commerce to design and construct a water well supply and water transmission project. The loan shall not be advanced by the state loan and investment board until the qualified electors of the city of Gillette approve creation of the debt and approve the pledging of the revenue from the operation of the water project as the primary source of repayment of the loan and the pledging of the city's share of state excise taxes and other unrestricted revenue of the city as a secondary source of repayment of the loan. The term and conditions of the loan will be as set forth in W.S. 11-34-302. Principal, but not interest, payments on the loan may be deferred until the department of commerce determines and certifies to the state loan and investment board that the water system can generate sufficient revenue to commence repaying the loan and still allow revenues to maintain and operate the system. Principal payments shall be credited to the permanent Wyoming mineral trust fund and the interest payments shall be deposited into the general fund. (Laws 1978, Ch. 28, § 1; 1998, Ch. 13, § 1; Renumbered from 41-2-202 by Laws 2009, Ch. 168, § 401.)
99-99-203. Approval of project expenditures, rates.
After commencement of design and construction of the project and until completion, the department of commerce shall approve expenditures for project engineering and construction and the city of Gillette shall provide monthly progress reports confirming that the construction, design and specifications for the project are being followed and complied with. At least sixty (60) days prior to the commencement of each fiscal year, the city of Gillette shall submit its proposed budget for water user rates, operation and maintenance expenses and revenues to be applied to debt service the next fiscal year, to the department of commerce. If a reasonable level of revenues exceed the city's necessary operation, maintenance and other costs for the water system and the project, the department of commerce shall certify to the state treasurer and the state loan and investment board the amount of repayment by the city to the permanent Wyoming mineral trust fund. The department of commerce shall certify to the state treasurer and state loan and investment board all such payments after reviewing proposed budgets of the city for water user rates, operation and maintenance expenses and revenue for each fiscal year. (Laws 1978, Ch. 28, § 1; 1998, Ch. 13, § 1; Renumbered from 41-2-203 by Laws 2009, Ch. 168, § 401.)
(a) As used in this act:
(i) "Interdepartmental water conference" means the conference created by W.S. 41-1-106 or a successor conference or agency responsible for the development and coordination of Wyoming's water and related resources;
(ii) "Stage I" means the existing Cheyenne water supply project in south central Wyoming, which consists of water collection, storage and transmission facilities to bring water from the headwaters of the Little Snake River drainage into the North Platte River drainage and to bring water from the headwaters of the Douglas Creek drainage into the Crow Creek drainage and from the North Platte River and Crow Creek drainages into the Cheyenne water system;
(iii) "Stage II" means the expansion of the existing Stage I facilities. Stage II proposes to construct new water development facilities including but not limited to interception lines and diversion, collection and storage structures to collect additional water in the Little Snake River drainage on the west side of the Continental Divide, increase the capacity of the pipeline to Hog Park Creek, enlarge Hog Park Reservoir, enlarge Rob Roy Reservoir on Douglas Creek, construct new interception lines and diversion structures to collect additional water from Douglas Creek and its tributaries, construct additional pipelines from Douglas Creek to Lake Owen and from Lake Owen to the Crow Creek drainage, and increase storage or diversions of water to the existing Cheyenne system. Water right applications, maps and permits for the facilities are on file in the office of the state engineer;
(iv) "Stage III" means a transbasin diversion of water from the headwater of the Little Snake River and its tributaries on the western side of the Continental Divide north and west of Stage I and Stage II. Stage III proposes to construct interception lines and diversions and collection structures to increase availability of water for transportation of water across the Continental Divide from the Little Snake River drainage into the North Platte River system, and increase storage and availability of water for use by cities, towns and other water users located in Carbon, Albany, Natrona, Converse, Niobrara, Goshen, Platte and Laramie counties. Water right applications, maps and permits for the facilities are on file in the office of the state engineer;
(v) "In-basin needs" means the assessment and study, which will consider existing rights, future needs and in-stream flow requirements for fish, wildlife and recreational purposes within the Little Snake River drainage and provide for protection of these rights and needs;
(vi) "In-basin project" means the storage structure or structures to increase storage for in-basin needs. (Laws 1979, Ch. 126, § 1; 1986, Ch. 113, § 1; Renumbered from 41-2-204 by Laws 2009, Ch. 168, § 401.)
(a) Subject to completion of the report of the feasibility study and holding of public hearings by the interdepartmental water conference as required by W.S. 41-2-114 and 41-2-115, Stage II is authorized.
(b) Stage II shall be given priority in the year 1979 by the state agencies and officials responsible to act hereunder. Appropriate draft legislation, which shall include funding, shall be submitted to the 1980 session of the legislature in accordance with W.S. 41-2-115. The feasibility report shall include in addition to contents otherwise required:
(i) A statement of the relative costs of water to users for various possible state and municipal cost shares;
(ii) A statement of the needs for water up to the year 2000 for the city of Cheyenne and surrounding communities at a minimum of three (3) different levels of population growth;
(iii) A statement of the needs for water up to the year 2000 at a minimum of three (3) different levels of population growth for the counties of Laramie, Albany, Carbon, Natrona, Converse, Niobrara, Goshen and Platte and other users of municipal water from the North Platte River tributaries that may have insufficient water for probable growth;
(iv) A statement of the amount of water from Stage II that could be used to meet the needs identified in paragraph
(iii) of this subsection. Nothing contained herein or any actions taken hereunder shall affect, infringe upon, or diminish in any manner any water rights and permits or the future needs of the city of Cheyenne. (Laws 1979, Ch. 126, § 1; Renumbered from 41-2-205 by Laws 2009, Ch. 168, § 401.)
The interdepartmental water conference shall, in cooperation with the office of the state engineer, other appropriate state agencies and officials and members of the public make a feasibility study of the total effects of Stage I, Stage II and Stage III and of the in-basin needs and rights which will be considered in the final plan and hold hearings thereon in compliance with W.S. 41-2-114. (Laws 1979, Ch. 126, § 1; Renumbered from 41-2-206 by Laws 2009, Ch. 168, § 401.)
There shall be no condemnation of agricultural water rights as a result of the planning, development and operation of stage I, stage II and stage III of the Little Snake River water management project. (Laws 1979, Ch. 126, § 1; Renumbered from 41-2-208 by Laws 2009, Ch. 168, § 401.)
99-99-209. Authorization for the construction of Stage II of the Little Snake Diversion Facilities.
(a) The department of economic planning and development [economic development and stabilization board] is authorized to proceed with the construction of Stage II of the Cheyenne Little Snake Diversion Facilities in south-central Wyoming. Stage II is specifically defined in W.S. 41-2-204(a)(ii) and (iii) [41-2-204(a)(iii)]. Prior to the commencement and construction of the project, the department of economic planning and development [economic development and stabilization board] shall:
(i) Enter into a signed project agreement, in a form acceptable to the Wyoming attorney general, with the city of Cheyenne, Wyoming, for the construction, operation and maintenance of the project by the city as specified in W.S. 41-2-209 through 41-2-211;
(ii) Approve the final design, plans, specifications and construction schedules for the project facilities and development of the water supplies, construction of new interception lines, collection, storage and transmission facilities;
(iii) Approve changes, analysis and plans of the city of Cheyenne for establishing, operating and maintaining the project; and
(iv) Prepare and obtain conveyances and approval by the state engineer of all water rights and permits from the city of Cheyenne to the state in connection with Stage III of the Little Snake River water management project. Stage III is specifically defined in W.S. 41-2-204(a)(iv) and (v) [41-2-204(a)(iv)] which conveyances shall be held in escrow until all of the Stage II project has been funded, at which time the documents shall be released to the state. (Laws 1980, Ch. 72, § 1; Renumbered from 41-2-209 by Laws 2009, Ch. 168, § 401.)
(a) The following construction is authorized within the Stage II project:
(i) Enlargement of Rob Roy Reservoir, estimated to cost eighteen million dollars ($18,000,000.00);
(ii) Little Snake River collection system, estimated to cost twenty-five million dollars ($25,000,000.00);
(iii) Enlargement of Hog Park Reservoir, estimated to cost thirteen million dollars ($13,000,000.00);
(iv) Hog Park to Encampment River pipeline, estimated to cost two million dollars ($2,000,000.00).
(b) The projects enumerated in subsection (a) of this section shall be financed as follows:
(i) The city of Cheyenne shall finance the total cost of the project except for the portion funded by the state under paragraph (ii) of this subsection;
(ii) The state shall finance twenty million dollars ($20,000,000.00) of the total cost of the projects under paragraphs (a)(i), (ii), (iii) and (iv) of this section as provided by subsection (d) of this section.
(c) The state loan and investment board with the advice of the director of the department of commerce is authorized to loan not more than thirty-five million three hundred sixty thousand nine hundred sixty-five dollars ($35,360,965.00) from the permanent mineral trust fund to the city of Cheyenne or as much thereof as deemed necessary by the department of commerce to design and construct the portion of Stage II of the Little Snake River water management project provided by subsection (a) of this section. The revenue shall not be advanced until:
(i) The qualified electors of the city of Cheyenne approve creation of debt totaling the amount authorized by this subsection and approve the pledging of the revenue from the operation of the water project as the primary source of repayment of the debt as evidenced by the issuance of general obligation bonds to the state of Wyoming;
(ii) The city of Cheyenne submits a financing plan designed to reimburse the state of Wyoming subject to the following specific conditions:
(A) The city will pay interest charges computed at a rate which will be no more than one-half percent (.5%) below the rate for which the city of Cheyenne could sell the general obligation bonds on the open market, and shall not be less than five percent (5%) per annum. This rate determination shall be made by the state loan and investment board;
(B) Principal payments may be deferred on request of the city with the approval of the state loan and investment board but not beyond the original final payment date set by the state loan and investment board;
(C) The city shall apply available revenue from secondary sources of revenue, designated within the financing plan, to the repayment of the loan.
(iii) Repealed by Laws 1986, ch. 114, § 3.
(iv) A rate study is conducted for the city by a professional municipal finance and rate firm;
(v) The city agrees to mortgage to the state all facilities constructed with funds provided by the state loan and investment board and assign all easements, rights-of-way, water rights and permits as approved by the state engineer appurtenant thereto, in such form and to such extent as is required by the Wyoming attorney general. The conveyances shall be held in escrow. The state engineer shall not change the priority date of the water rights and permits as a result of this conveyance or escrow. Upon payment in full of the loan to the state of Wyoming, the conveyances shall be returned to the city of Cheyenne.
(vi) Repealed by Laws 1986, ch. 114, § 3.
(d) The state treasurer shall pay not to exceed twenty million dollars ($20,000,000.00) from the Wyoming water development account provided by W.S. 39-14-111(j) to the city of Cheyenne as deemed necessary by the department of commerce as provided by paragraph (b)(ii) of this section. The payments are grants and not loans to the city of Cheyenne and shall not:
(i) Be disbursed until the election pursuant to W.S. 41-2-210(c) is held and the indebtedness approved by the electors;
(ii) Deplete the balance remaining within the Wyoming water development account to less than ten million dollars ($10,000,000.00) for projects listed within W.S. 41-2-210(a);
(iii) Be disbursed until the city of Cheyenne, in consultation with the state loan and investment board and the department of commerce, develops a proposed financing plan for funding the completion of the Stage II water project as defined in W.S. 41-2-204(a)(ii) and (iii). Copies of the plan shall be mailed to the governor and members of the legislature. This provision shall not be construed as requiring any approvals of such a financing plan.
(e) All water in excess of the needs of the city of Cheyenne within the service area of the city produced by Stage II of the project shall be assigned to and marketed by the Wyoming water development commission for as long as the excess water is available or until July 1, 2036, whichever is earlier, or until the Wyoming water development commission determines that the excess water is no longer needed because the water has not been contracted for during the previous ten (10) years. Upon a determination by the commission that the excess water is not needed and has not been contracted for during the previous ten (10) years, the commission may renegotiate or seek to terminate any existing contract with the city of Cheyenne entered into pursuant to this subsection and subsection (g) of this section. Upon termination of any existing contract entered into pursuant to this subsection and subsection (g) of this section, the excess water shall no longer be assigned to and marketed by the Wyoming water development commission. The first option to purchase not more than eighty percent (80%) of the surplus water shall be extended to cities, towns and special districts within the North Platte basin for the benefit of their inhabitants at a negotiated cost. Sales contracts entered into by the commission shall be administered by the commission. To optimize the amount of excess Stage II water available for marketing without jeopardizing water supplies necessary to meet the city of Cheyenne's municipal needs, the city shall develop a Stage II management plan acceptable to the water development commission and the state engineer. The board shall transfer thirty-seven and three-tenths percent (37.3%) of the proceeds from the sale of excess Stage II water to the city of Cheyenne which it shall apply to the repayment of the loan provided by subsection (c) of this section until the loan is repaid.
(f) Repealed by Laws 1986, ch. 114, § 3.
(g) All effluent from the city of Cheyenne's sewage treatment plant resulting from Stage II municipal water Cheyenne develops the ability and the need to recycle or use that water for municipal purposes. Sale contracts entered into by the commission shall be administered by the commission. The board shall provide thirty-seven and three-tenths percent (37.3%) of the proceeds of the sale of Stage II effluent to the city of Cheyenne for its use. The water development commission may withdraw up to sixty-two and seven-tenths percent (62.7%) of the Stage II effluent from sale and the city of Cheyenne may withdraw up to thirty-seven and three-tenths percent (37.3%) of the Stage II effluent from sale. If either the city or the commission withdraws any portion of its share of Stage II effluent from the market its share of revenues generated by sale of the remainder shall be reduced proportionately. The sale or withdrawal from sale of Stage II effluent shall not be accomplished without consultation among the commission, the city and the state engineer. Because the effluent affected hereby is a by-product of the Stage II dams and pipeline projects, there are no restrictions on the city of Cheyenne's use of its share of the revenues generated by the sale of Stage II effluent.
(h) Any revenues to the state from the lease, sale, assignment or transfer of excess Stage II water or Stage II effluent as provided in subsections (e) and (g) of this section shall be deposited in the Wyoming water development account funded by revenues under water development account I.
(j) In addition to the grant provided by W.S. 41-2-210(b)(ii) and (d), the state of Wyoming shall grant to the city of Cheyenne from the Wyoming water development account funded by revenues under water development account I not to exceed three million dollars ($3,000,000.00) to be used to pay fifty percent (50%) of excess project expenses for projects designated in subsection (a) of this section, provided:
(i) Payments shall be made only for project expenses in excess of the combined fifty-five million three hundred sixty thousand nine hundred sixty-five dollar ($55,360,965.00) grant and loan authorized by W.S. 41-2-210(b)(ii), (c) and (d);
(ii) The city shall submit all invoices for payment to the Wyoming water development commission for approval. The commission shall, upon review and approval of the invoices, make payments directly to the city for fifty percent (50%) of the total invoice amount;
(iii) Payments under this subsection are grants and not loans to the city of Cheyenne; and
(iv) Nothing in this subsection shall be deemed to alter or amend any provision of W.S. 41-2-210(e), (g) or (h). (Laws 1980, Ch. 72, § 1; 1982, Ch. 60, § 1; 1985, Ch. 228, § 2; 1986, Ch. 114, §§ 2, 3; 1989, Ch. 268, § 5, 1991, Ch. 68, § 1; 1998, Ch. 5, § 2; Ch. 6, § 3; Ch. 13, § 1; 2000, Ch. 97, § 3; Renumbered from 41-2-210 by Laws 2009, Ch. 168, § 401; 2021, Ch. 12, § 2.)
99-99-211. Approval of project expenditures; state engineer duties.
(a) After commencement of design and construction of the project and until completion, the department of economic planning and development [economic development and stabilization board] shall approve expenditures for project engineering and construction. The city of Cheyenne shall provide to the director of the department of economic planning and development [chairman of the economic development and stabilization board] monthly progress reports confirming that the construction, design and specifications for the project are being followed and complied with.
(b) The state engineer shall conduct a study based on records available from prior years and actual measurements to determine the level of water at the Dixon measuring station required to satisfy water rights senior to the rights of the city of Cheyenne. He shall use the results of this study to aid in the regulation of the Little Snake River drainage provided that the result does not give junior rights priority over senior rights. (Laws 1980, Ch. 72, § 1; Renumbered from 41-2-211 by Laws 2009, Ch. 168, § 401.)
(a) As used in this act:
(i) "Commission" means the Wyoming water development commission;
(ii) "Department" means the department of economic planning and development [economic development and stabilization board];
(iii) "District" means the Horse Creek conservation district;
(iv) "Project" means the Hawk Springs project under W.S. 41-2-217;
(v) "This act" means W.S. 41-2-216 through 41-2-218. (Laws 1983, Ch. 70, § 1; Renumbered from 41-2-216 by Laws 2009, Ch. 168, § 401.)
(a) The Hawk Springs project consists of the following components:
(i) Necessary repairs to Dam No. 1 on Hawk Springs Reservoir, Goshen County;
(ii) Renovation of the existing delivery system of the district;
(iii) A public recreation area;
(iv) A geological and hydrological review of the project by the department;
(v) Replacement of the existing Horse Creek siphon;
(vi) Lining of the existing canal and, where economically feasible, replacing the canal with buried pipe;
(vii) Installation of necessary public facilities. (Laws 1983, Ch. 70, § 1; Renumbered from 41-2-217 by Laws 2009, Ch. 168, § 401.)
99-99-218. Project financing; terms; conditions; restrictions on sale of water; loan acceleration.
(a) Subject to the conditions in subsection (b) of this section, the construction of the project shall be financed as follows:
(i) A grant to the district through the department not to exceed four million five hundred fifteen thousand dollars ($4,515,000.00), of which two million three hundred thirty thousand dollars ($2,330,000.00) shall be expended only for dam repair and outlet works and two million one hundred eighty-five thousand dollars ($2,185,000.00) for canal repairs. The department shall release grant funds as it deems necessary;
(ii) A loan to the district through the department as authorized in W.S. 9-2-206 [repealed] in an amount not to exceed one million nine hundred seventy-five thousand dollars ($1,975,000.00) to construct the project for a term of fifty (50) years to commence as provided in subparagraph (D) of this paragraph at an annual interest rate of four percent (4%) provided:
(A) No principal or interest is due and payable during the first five (5) years of the term of the loan;
(B) Interest shall not accrue on the principal during the first five (5) years of the term of the loan;
(C) The department shall establish a repayment schedule amortized over the remaining forty-five (45) years of the loan term in accordance with the conditions in this act; and
(D) The loan funds shall be released to the district upon execution of the loan agreement, but the term of the loan for purposes of repayment shall not commence until the project is substantially completed as determined by the department.
(iii) Authorization to the game and fish commission to expend not more than one hundred seventy thousand dollars ($170,000.00) for necessary public facilities for the public recreation area in consultation with the department and the recreation commission [parks and cultural resources commission];
(iv) Authorization to the department to expend not more than sixty thousand dollars ($60,000.00) for a geological and hydrological review of the project under W.S. 41-2-217(a)(iv).
(b) The department shall not release any funds to the district authorized under paragraphs (a)(i) and (ii) of this section until:
(i) An independent geological and hydrological review under W.S. 41-2-217(a)(iv) has been completed;
(ii) The department and the district have entered into a project agreement providing the district shall undertake construction of all project components concurrently containing the following provisions and terms:
(A) The department shall review and approve all design and construction plans prior to construction;
(B) The district shall supervise design and construction and submit all requests for payment to the department;
(C) The department shall directly make necessary payments in response to requests for payment;
(D) The district shall provide security to the department as deemed sufficient by the attorney general to include a mortgage on the dam and canals and an assignment of water rights;
(E) The district shall grant to the department for the state, ownership of the storage in Hawk Springs Reservoir from elevation 4,446.9 feet to elevation 4,461.9 feet according to the 1982 United States soil conservation service survey, approximately one thousand seven hundred seventy-nine (1,779) acre-feet of water;
(F) The district shall operate the reservoir to provide a pool depth of twenty (20) feet by January 1 in those years when sufficient water is available;
(G) The district shall grant public access in perpetuity to the Hawk Springs Reservoir proper and to all adjacent lands owned by the district or the state for the purposes of hunting, fishing and general recreation including the construction of such facilities as deemed necessary by the game and fish commission to maximize the public enjoyment;
(H) The district shall pay all the costs including manpower for all operation, maintenance and repairs to the dam and water delivery system after the project is completed;
(J) The department shall determine an amount to be assessed annually by the district against district members and the district shall place the funds so collected into a separate account as a sinking fund adequate to meet future maintenance costs for the project;
(K) The department may contract with the district for maintenance of public facilities constructed under this project.
(c) There shall be no sale or transfer of ownership of water by the district to other than agricultural users without prior approval of the state board of control. In the event that such a sale or transfer is approved, the balance of the loan associated with the sale is immediately due and payable. (Laws 1983, Ch. 70, § 1; 1993, Ch. 89, § 8; Renumbered from 41-2-218 by Laws 2009, Ch. 168, § 401.)
(a) As used in this act:
(i) "Commission" means the Wyoming water development commission;
(ii) "Department" means the department of economic planning and development [economic development and stabilization board];
(iii) "District" means a court approved assessment district consisting of the shareholders in the Shell Canal Company;
(iv) "Project" means the rehabilitation of Shell Canal as described in the report submitted by the water development commission entitled "Shell Canal Rehabilitation Project";
(v) "This act" means W.S. 41-2-219 through 41-2-222. (Laws 1983, Ch. 163, § 1; Renumbered from 41-2-218 by Laws 2009, Ch. 168, § 401.)
In order to provide for agricultural use in the Shell Creek drainage of Big Horn county, Wyoming, the district is authorized to proceed with the final design and rehabilitation of Shell Canal. (Laws 1983, Ch. 163, § 1; Renumbered from 41-2-220 by Laws 2009, Ch. 168, § 401.)
The Shell Canal company shall form a court approved assessment district. The district shall obtain all permits and clearances necessary to proceed with the project. The department shall do any and all things necessary to assure the compliance by the district with conditions provided for in this act. (Laws 1983, Ch. 163, § 1; Renumbered from 41-2-221 by Laws 2009, Ch. 168, § 401.)
(a) The state of Wyoming shall loan to the district from the water development account through the department as authorized in W.S. 9-2-206 [repealed] a sum not to exceed ninety-five thousand dollars ($95,000.00) for a term of fifty (50) years at an annual interest rate of six percent (6%) provided [that]:
(i) The district offers security as deemed adequate and acceptable to the attorney general;
(ii) No principal or interest is due and payable during the first five (5) years of the term of the loan;
(iii) Interest shall not accrue on the principal during the first five (5) years of the term of the loan;
(iv) The district shall establish a sinking fund for repair and maintenance from an annual assessment of one dollar ($1.00) per acre for each acre to which a water right is attached;
(v) The department establishes a repayment schedule in accordance with the conditions prescribed in this act.
(b) The state of Wyoming shall grant the district not to exceed ninety-five thousand dollars ($95,000.00) for construction of the project. The department shall release grant funds as it deems necessary. (Laws 1983, Ch. 163, § 1; Renumbered from 41-2-222 by Laws 2009, Ch. 168, § 401.)
99-99-301. Use of surface waters and tributaries for transportation of coal to other states.
(a) On the advice of the state engineer the legislature of the state of Wyoming hereby grants to Texas Eastern Wyoming, Inc., a Delaware corporation (to the extent that it is or may be the holder of a permit, certificate or application to appropriate, store or divert water), all approval required by W.S. 41-3-105 and 41-3-115 to use outside of the state of Wyoming not more than twenty thousand (20,000) acre-feet annually of the surface waters of the Little Bighorn River and its tributaries (including intrastate and interstate tributaries) as a medium of pipeline transportation of coal to another state or states and for uses related to or connected with a pipeline system of transportation of coal. No more than ten thousand (10,000) acre-feet of such water shall be used annually to transport coal other than coal mined within the boundaries of Wyoming.
(b) The approval granted by this act to use not more than twenty thousand (20,000) acre-feet annually of such surface waters outside the state of Wyoming shall automatically terminate if there is a permanent termination of the use of such surface waters as a medium of pipeline transportation of coal.
(c) The use of such surface waters outside the state of Wyoming pursuant to this approval shall not require a grant of reciprocal rights from any adjoining states as set forth in W.S. 41-3-115(c).
(d) If any portion of the twenty thousand (20,000) acre-feet of surface water is conveyed outside the state of Wyoming and then returned to the state of Wyoming, any such water may be again conveyed outside the state but shall not be counted again in determining the total twenty thousand (20,000) acre-feet annual quantity of water.
(e) Appropriation of the surface waters to be used pursuant to this section shall be in accordance with Title 41, Chapters 3 and 4, Wyoming Statutes 1977. Nothing in this section shall be construed as a directive to the state engineer to grant any approval or issue or amend permits, or in any way infringe on his discretion under the state law.
(f) The approvals, rights and benefits granted by this section may be pledged, mortgaged or otherwise hypothecated in connection with any financing and shall also inure to the benefit of any successors or assigns of Texas Eastern Wyoming, Inc. Provided that each such successor or assign is a corporation, partnership, joint venture or other entity with respect to which Texas Eastern Wyoming, Inc., or a parent, subsidiary or other affiliate thereof, is a member or the holder of equity interest.
(g) Notwithstanding the effective date of this section, the approval granted by this section shall terminate and expire unless, within ninety (90) days after the effective date of this section, an initial contract is entered into by and between but not limited to the state and Texas Eastern Wyoming, Inc., which is signed by the governor upon the advice of the attorney general that the contract contains in appropriate form and detail the provisions set forth in subsection (h) of this section.
(h) The contract referred to in subsection (g) of this section shall contain provisions as follows:
(i) There shall be a joint study, conducted pursuant to W.S. 41-2-114(c), to be funded entirely by Texas Eastern Wyoming, Inc., (hereinafter referred to as "Texas Eastern") to evaluate the feasibility of a water project to develop the surface waters of the Little Bighorn River including its interstate and intrastate tributaries. The present description of the water project, based upon engineering estimates of the water which will be available from the Little Bighorn River, consists of a maximum diversion of three hundred (300) cubic feet per second from the Little Bighorn River through a water pipeline to a reservoir or two (2) reservoirs to store forty-two thousand five hundred eighty (42,580) acre-feet of water annually;
(ii) If, after completion of the joint feasibility study, Texas Eastern desires to proceed with development, the state will have three (3) options. The state will have the exclusive right to determine which option it desires to select;
(iii) First option:
(A) If the state determines to select the first option, Texas Eastern will finance, construct and own the water project and the related water rights, and Texas Eastern will operate and maintain the water project and pay all costs in connection therewith;
(B) The water in excess of a firm yield of twenty thousand (20,000) acre-feet per annum (or any lesser quantity which is required for the slurry pipeline transportation system) will be made available for sale at the reservoir to the state at a cost equal to a pro rata share of all operating and maintenance costs of the water project;
(C) The state will be entitled to sell the water it purchases from Texas Eastern at such prices as the state may determine but the state will agree that it will not sell water for industrial use at a price less than the cost per acre-foot of water to Texas Eastern. The state will also agree that it will not sell water for industrial use unless the purchaser contracts with Texas Eastern to pay an annual amount equal to the actual sums Texas Eastern is required to pay to the present owners of the water rights, but the state will have no liability for such payments to Texas Eastern or to the present owners of the water rights;
(D) The state will be entitled to all revenues from water sales;
(E) If the state sells water from the water project for industrial use, the state will sell the water only after complying with the review and public hearing processes provided by W.S. 41-2-115, and any water sale for industrial use will be contingent upon the industrial user's obtaining any permit required by law;
(F) The reservoirs will be available for public recreational uses;
(G) Texas Eastern will provide the state, political subdivisions or special districts an opportunity to obtain capacity in any water pipeline Texas Eastern constructs to transport water from the water project at a capital cost and operating cost equal only to the incremental cost of constructing and operating a larger water pipeline to provide additional capacity for use of the state, political subdivisions or special districts;
(H) After the use of water from the water project for the slurry pipeline transportation system is permanently terminated, good and marketable title to the water project and the related water rights will be conveyed to the state without cost to the state.
(iv) Second option:
(A) If the state determines to select the second option, the state will issue its tax exempt revenue bonds to finance the water project and the state will construct, own and operate the water project and will own the related water rights. Good and marketable title to the related water rights will be conveyed to the state without cost to the state;
(B) The state will sell and Texas Eastern will purchase a firm yield of twenty thousand (20,000) acre-feet per annum from the state (or any lesser quantity which is required for the pipeline transportation system);
(C) Texas Eastern will pay the present owners of the water rights an annual amount for use of the water for the slurry pipeline transportation system pursuant to the water rights. In addition, Texas Eastern will pay the following amounts to the parties indicated for the water purchased, regardless of the amount of water actually used by Texas Eastern:
(I) An annual amount equal to all principal and interest payable on the revenue bonds of the state;
(II) An annual amount to be determined by the state treasurer equal to the difference between the actual interest on the tax exempt revenue bonds of the state and the interest which would have been paid if corporate bonds had been issued to finance the water project as a part of the slurry pipeline transportation system payable to the Wyoming Water Development Account;
(III) An annual amount in lieu of taxes equal to all ad valorem taxes for all taxing jurisdictions payable to the taxing jurisdictions to the same extent as if Texas Eastern owned the water project;
(IV) An annual amount equal to all operating and maintenance costs of the water project.
(D) The state will be entitled to sell water in excess of the water committed to Texas Eastern at such prices as the state may determine but the state will agree that it will not sell water for industrial use at a price less than the cost per acre-foot of water to Texas Eastern. The state will also agree that it will not sell water for industrial use unless the purchaser contracts with Texas Eastern to pay an annual amount equal to the actual sums Texas Eastern is required to pay to the present owners of the water rights, but the state will have no liability for such payments to Texas Eastern or to the present owners of the water rights;
(E) To the extent that the state sells water from the water project other than to Texas Eastern, the state will pay a pro rata share of the operating and maintenance costs of the water project and will to such extent credit Texas Eastern's obligation to pay all operating and maintenance costs;
(F) The state will be entitled to all revenues from water sales under subparagraph (D) of this subsection;
(G) If the state sells water from the water project for industrial use, the state will sell the water only after complying with the review and public hearing processes provided by law and any water sale for industrial use will be contingent upon the industrial user's obtaining any permit required by law;
(H) Texas Eastern will provide the state, political subdivisions or special districts an opportunity to obtain capacity in any water pipeline Texas Eastern constructs to transport water from the water project at a capital cost and operating cost equal only to the incremental cost of constructing and operating the water pipeline to provide additional capacity for use of the state, political subdivisions or special districts.
(v) Third option:
(A) If the state determines to select the third option, Texas Eastern will finance, construct and operate the water project and will own the related water rights without participation by the state;
(B) Texas Eastern will amend the water permits so that the water is not authorized to be used for industrial use other than for a slurry pipeline transportation system;
(C) The reservoir will be available for public recreational uses;
(D) Texas Eastern will provide the state, political subdivisions or special districts an opportunity to obtain capacity in any water pipeline Texas Eastern constructs to transport water from the water project at a capital cost and operating cost equal only to the incremental cost of constructing and operating a larger water pipeline to provide additional capacity for use in the state, political subdivisions and special districts;
(E) After the use of water for the slurry pipeline system is permanently terminated, good and marketable title to the water project and the related water rights will be conveyed to the state without cost to the state, if agreed to by the state.
(vi) As a material consideration for and as a condition of the use of the water described in subsection (a) of this section, Texas Eastern Wyoming, Inc., shall agree, by contract, that if any coal slurry preparation plant utilizing water authorized under this section is constructed outside of the state of Wyoming, then Texas Eastern Wyoming, Inc. shall annually pay to each entity involved an amount equal to the ad valorem taxes which would be due to any taxing entity having authority to levy an ad valorem tax on the plant if the preparation plant facilities were located at the principal reservoir site in Sheridan County, Wyoming.
(j) In connection with the implementation of this section, on behalf of the state, the governor may enter into contracts on such terms and conditions as may be deemed desirable with any persons or entities with regard to development of a water project using the waters of the Little Bighorn River or connected with the project. Nothing in this section may be construed as requiring the governor to enter into any contract. (Laws 1979, Ch. 97, § 1; 2005, Ch. 231, § 1; Renumbered from 41-2-301 by Laws 2009, Ch. 168, § 401.)
(a) A sum of money not to exceed two hundred thousand dollars ($200,000.00) is appropriated from the water development account to the department of economic planning and development [economic development and stabilization board], with advice and assistance from the state engineer and the Wyoming water development commission, to develop a potential water well site in the Split Rock Formation, using the existing water filings by the department of economic planning and development [economic development and stabilization board]. The state engineer shall determine the site and dimensions of the potential well field based on best available geologic data.
(b) The department of economic planning and development shall report to the 1982 legislative session and make recommendations concerning future water development on the Split Rock Formation. (Laws 1981, Ch. 27, § 1; Renumbered from 41-2-401 by Laws 2009, Ch. 168, § 401.)
(a) As used in this act:
(i) "Commission" means the Wyoming water development commission;
(ii) "Department" means the department of economic planning and development [economic development and stabilization board];
(iii) "District" means a court approved assessment district consisting of the shareholders in the Park Reservoir Company;
(iv) "Project" means the reconstruction of Park Reservoir Dam as described in the report submitted by the water development commission entitled "Reconstruction of Park Reservoir Dam";
(v) "Public benefit" means those things including but not limited to fisheries, aesthetics, water quality, recreation and flood control which are enjoyed by the public in general and no specific identifiable group in particular;
(vi) "Water development account" means water development account I;
(vii) "This act" means W.S. 41-2-501 through 41-2-506. (Laws 1981, Ch. 70, § 1; 1982, Ch. 41, § 2; 1998, Ch. 5, § 2; 2000, Ch. 97, § 3; Renumbered from 41-2-501 by Laws 2009, Ch. 168, § 401.)
In order to provide water for agricultural, municipal, recreational and environmental use in the Big Goose Creek and Little Goose Creek drainages of north central Wyoming, the district is authorized to proceed with the final design and reconstruction of the Park Reservoir Dam and appurtenant works to store the amount of water authorized in the original permit. (Laws 1981, Ch. 70, § 1; Renumbered from 41-2-502 by Laws 2009, Ch. 168, § 401.)
The Park Reservoir Company shall form a court-approved assessment district. The district shall complete all filings and obtain any permits necessary to proceed with the project. The department shall do any and all things necessary to assure the compliance by the district with conditions provided for in this act. (Laws 1981, Ch. 70, § 1; Renumbered from 41-2-503 by Laws 2009, Ch. 168, § 401.)
(a) The state of Wyoming shall fund directly from its water development account an amount not to exceed one million three hundred twenty-five thousand dollars ($1,325,000.00) in return for:
(i) Five hundred eighty-eight (588) acre-feet of stored water in Park Reservoir to maintain a minimum pool for fisheries;
(ii) Five hundred thirty (530) acre-feet of stored water in Park Reservoir to be used to augment flushing flows in the East Fork of Big Goose Creek at the rate of ninety (90) cubic feet per second for seventy-two (72) hours;
(iii) Ninety (90) acre-feet of stored water in Park Reservoir to be used to sustain a minimum flow in the East Fork of Big Goose Creek when inflow into the reservoir drops below four and one-half (4.5) cubic feet per second.
(b) The state of Wyoming shall not be subject to normal operation and maintenance costs for fifty (50) years beginning with the completion of the project.
(c) The state of Wyoming shall loan to the district through the department as authorized in W.S. 9-3-312 a sum not to exceed one million two hundred thousand dollars ($1,200,000.00) from its water development account for a term of forty (40) years at five percent (5%) interest provided:
(i) The district offers security as deemed adequate and acceptable to the Wyoming attorney general; and
(ii) The department establishes a repayment schedule in accordance with the conditions herein prescribed. (Laws 1981, Ch. 70, § 1; Renumbered from 41-2-504 by Laws 2009, Ch. 168, § 401.)
99-99-505. Management plan; restriction on sale of water; loan acceleration.
(a) The district and the division 2 superintendent of the state board of control, with approval of the state engineer, shall establish a reservoir management plan to achieve the objectives of this act.
(b) There shall be no sale or transfer of ownership of water from Park Reservoir to other than agricultural users without prior approval of the state board of control. In the event that such a sale or transfer is approved, the balance of the loan associated with the sale is immediately due and payable. (Laws 1981, Ch. 70, § 1; Renumbered from 41-2-505 by Laws 2009, Ch. 168, § 401.)
(a) One million two hundred thousand dollars ($1,200,000.00) is appropriated from the water development account for completion of reconstruction and repairs to correct damage caused by embankment movement and to stabilize the embankment against further displacement of the Park Reservoir Dam. The department shall release funds it deems necessary for reconstruction and repair to the district. Fifty-two and one-half percent (52 1/2%) of any funds released by the department shall be a direct appropriation in exchange for public benefits received under W.S. 41-2-504. Forty-seven and one-half percent (47 1/2%) of the funds released by the department shall be a loan.
(b) Funds released by the department as a loan under subsection (a) of this section shall be subject to the following conditions:
(i) The district shall offer security deemed adequate and acceptable by the attorney general; and
(ii) The department shall establish a repayment schedule subject to the following conditions:
(A) Upon completion of the project, the total amount of the loan shall be determined and the term of the loan shall commence;
(B) The term of the loan shall be forty (40) years at an annual interest rate of five percent (5%);
(C) No interest or principal shall be payable during the first ten (10) years of the term. The loan shall be amortized over the remaining thirty (30) years of the term;
(D) Any proceeds received by the district for reimbursement of any contractual obligations of any third person owed to the district shall be applied to repayment of the loan authorized by W.S. 41-2-506(a), after payment of costs and fees expended in connection therewith, as allowed by the district court having jurisdiction over the district; and
(E) If the sale or transfer of ownership of water is approved under W.S. 41-2-505, the balance of the loan under this section associated with the sale or transfer is immediately due and payable.
(c) The attorney general shall assist the district in pursuing any claim based on a cause of action arising out of the reconstruction or repair of the Park Reservoir Dam. (Laws 1982, Ch. 17, § 1; Renumbered from 41-2-506 by Laws 2009, Ch. 168, § 401.)
99-99-601. Use of surface waters and tributaries for slurry pipeline and fertilizer plant.
The legislature of the state of Wyoming hereby grants to Chevron Chemical Company, a Delaware corporation, the consent required by W.S. 41-3-105 and 41-3-115(b) and (c) to export from and use outside the state of Wyoming up to three thousand (3,000) acre-feet annually of the surface waters of the Green River and its tributaries for a phosphate rock concentrate slurry pipeline transportation system from Utah to Wyoming and for uses related to the operation of a fertilizer plant in Wyoming, subject to the acquisition of a water service contract with the state of Wyoming regarding Fontenelle Reservoir. (Laws 1982, Ch. 17, § 1; Renumbered from 41-2-601 by Laws 2009, Ch. 168, § 401.)
(a) The department of economic planning and development [economic development and stabilization board] is authorized to proceed with the design and construction of a domestic and municipal water supply and transmission system for the town of South Superior in Sweetwater county. The source of supply may be from surface or groundwater as the department [board] determines will best satisfy the present and future needs of the municipality in the most economical manner. Prior to commencement of construction of the water supply and transmission project, the department of economic planning and development [economic development and stabilization board] shall:
(i) Enter into a signed project agreement with the town of South Superior, Wyoming, for the construction, operation and maintenance of the project by the city;
(ii) Assign the project to the town for design, construction and operation, after execution of the project agreement with the town of South Superior and upon approval of the governor as specified in W.S. 41-2-115;
(iii) Approve the final design, plans and specifications and construction schedule for the project facilities and development of water service from the project facilities to the town of South Superior;
(iv) Approve the operation and maintenance plans for the project which shall be developed by the town of South Superior and the department of environmental quality; and
(v) Approve and authorize payments and disburse the funds appropriated for the project, in accordance with the plans and specifications approved by the department [board] and with the terms and conditions of the agreement executed with the town of South Superior.
(b) The department of economic planning and development [economic development and stabilization board] shall expend not to exceed three million dollars ($3,000,000.00) to determine the most satisfactory and economical source of supply and transmission system for the water project authorized in subsection (a) of this section and to design and construct the water project for the town of South Superior. (Laws 1983, Ch. 124 § 1; Renumbered from 41-2-701 by Laws 2009, Ch. 168, § 401.)
(a) The following accounts are created:
(i) Fontenelle reservoir account;
(ii) Buffalo Bill dam account;
(iii) Palisades reservoir account;
(iv) Miscellaneous water investment account;
(v) Keyhole reservoir account;
(vi) High Savery reservoir account;
(vii) Pathfinder modification account;
(viii) Glendo reservoir account;
(ix) Lake DeSmet Reservoir account;
(x) Middle Piney reservoir account. (Created by Laws, 2019, Ch. 55, § 2.)
(b) Any unexpended balance in an account created by subsection (a) of this section shall be invested by the state treasurer and the interest earned shall be credited to the account.
(c) The Wyoming water development commission shall annually review the accounts created by subsection (a) of this section and report to the joint appropriations committee, and to the joint agriculture, state and public lands and water resources interim committee in the report required under W.S. 41-2-118(a), the amount of funds in any account which are in excess of that amount needed to meet obligations specified in subsections (d) through (j) of this section. After approval by the legislature, funds in excess of the amount needed to meet obligations specified in subsections (d) through (j) of this section shall be deposited in water development account I created by W.S. 41-2-124(a)(i). (Amended Laws 2017, Ch. 64, § 1)
(d) All revenues received by the state from the lease, sale, assignment or transfer of ownership of power or water resulting from the state's interest in the Fontenelle reservoir shall be deposited in the account created by paragraph (a)(i) of this section. The Wyoming water development commission shall use any monies in the account to meet the loan, operation, maintenance and replacement obligations of the state relating to the Fontenelle reservoir project. Funds previously credited to the account created by W.S. 9-2-211(d) shall be transferred to the account created by paragraph (a)(i) of this section.
(e) All revenues received by the state from the lease, sale, assignment or transfer of ownership of power or water resulting from the state's interest in the Buffalo Bill dam shall be deposited in the account created by paragraph (a)(ii) of this section. The Wyoming water development commission shall use any monies in the account to meet the operation, maintenance and replacement obligations of the state relating to the Buffalo Bill dam project. Any balance in the account created by paragraph (a)(ii) of this section in excess of five hundred thousand dollars ($500,000.00) or the amount necessary to meet operation, maintenance and replacement obligations related to the Buffalo Bill dam project, whichever is greater, may be used to meet the state's annual obligation for any of the projects referenced in subsection (a) of this section.
(f) Revenues received by the state from the lease, sale, assignment or transfer of ownership of water resulting from the state's interest in Palisades reservoir shall be deposited with the game and fish department until the department has been reimbursed for the sixty-five thousand dollars ($65,000.00) approved by the Wyoming game and fish commission for deposit into the account created by paragraph (a)(iii) of this section. Thereafter, all revenues received by the state from the lease, sale, assignment or transfer of ownership of water resulting from the state's interest in the Palisades reservoir shall be deposited in the account created by paragraph (a)(iii) of this section. The Wyoming water development commission shall administer the account and use any monies in the account to meet annual operation, maintenance and other contract obligations of the state relating to the Palisades reservoir project.
(g) Revenues received by the state from the lease, sale, assignment or transfer of water from projects funded by the Wyoming water development program or from the lease, sale, assignment or transfer of projects, or any portions thereof, funded by the Wyoming water development program shall be deposited into the account created by paragraph (a)(iv) of this section. The Wyoming water development commission shall administer the account and use any monies in the account to meet the contract obligations of the state relative to said leases, sales, assignments or transfers. The account balance shall at no time exceed one hundred thousand dollars ($100,000.00).
(h) The Wyoming water development commission shall administer the account created by paragraph (a)(v) of this section and use any monies in the account for replacement water purchases and to meet annual operation, maintenance and other contract obligations of the state relating to the Keyhole reservoir project.
(j) All revenues received by the state from the lease, sale, assignment or transfer of ownership of power or water resulting from the state's interest in the High Savery reservoir and dam shall be deposited in the account created by paragraph (a)(vi) of this section. The Wyoming water development commission shall use any monies in the account to meet the operation, maintenance and replacement obligations of the state relating to the High Savery dam and reservoir project.
(k) Notwithstanding W.S. 41-2-1301(f), all revenues received by the state from the lease, sale, assignment or transfer of ownership of water resulting from the state's interest in the Pathfinder modification project shall be deposited in the account created by paragraph (a)(vii) of this section. The Wyoming water development commission shall use any monies in the account to meet the operation, maintenance, replacement and mitigation obligations of the state related to the Pathfinder modification project. Two million two hundred fifty thousand dollars ($2,250,000.00) from the appropriation from water development account II provided in the 2000 Wyoming Session Laws, Chapter 36, Section 6 is hereby transferred to the account created by paragraph (a)(vii) of this section.
(m) All revenues received by the state from the lease, sale, assignment or transfer of ownership of water resulting from the state's interest in the Glendo reservoir shall be deposited in the account created by paragraph (a)(viii) of this section. The Wyoming water development commission shall administer the account and use any monies in the account to meet the operation, maintenance, replacement and other contract obligations of the state related to the Glendo reservoir water service contract. Eight hundred thousand dollars ($800,000.00) from the appropriation from water development account I provided in the 2002 Wyoming Session Laws, Chapter 83, Section 29 is hereby transferred to the account created by paragraph (a)(viii) of this section.
(n) All revenues received by the state from the lease, sale, assignment or transfer of ownership of power or water resulting from the state's interest in the Lake DeSmet Reservoir, Healy Reservoir and Dam, and associated facilities as provided in W.S. 99-1-602 shall be deposited in the account created by paragraph (a)(ix) of this section. The Wyoming water development commission shall administer the account and use any monies in the account to meet the operation, maintenance and replacement obligations of the state related to the Lake DeSmet Reservoir, Healy Reservoir and Dam, and associated facilities. The Wyoming water development commission shall report on operations of Lake DeSmet Reservoir and Healy Reservoir and Dam and administration of the Lake DeSmet Reservoir account to the joint appropriations committee and the select water committee not later than December 31 of each year through December 31, 2020. Source Notes for subsection (n): created by (Laws 2018, Ch. 115, § 2.)
(o) All revenues received by the state from the lease, sale, assignment or transfer of ownership of power or water resulting from the state's interest in the Middle Piney reservoir and dam, and associated facilities as provided in W.S. 99-3-2205(c), shall be deposited in the account created by paragraph (a)(x) of this section. The Wyoming water development commission shall administer the account and use any monies in the account to meet the operation, maintenance and replacement obligations of the state related to the Middle Piney reservoir and dam, and associated facilities. Source Notes for subsection (o): (Created by Laws 2019, Ch. 55, § 2.)
(a) Repealed by Laws 2005, ch. 84, § 2.
(b) The joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe or the business council of the Northern Arapaho Indian tribe may apply for assistance from the state and serve as a sponsor for water development programs and projects in the same manner as political subdivisions and special districts. (Laws 1989, Ch. 145, § 1; W.S. 1977, } 41-2-1001; Laws 1998, Ch. 5, § 2; 2003, Ch. 78, § 1; 2005, Ch. 84, §§ 1, 2; Renumbered from 41-2-1101 by Laws 2009, Ch. 168, § 401.)
(a) The Little Snake River mitigation account is created.
(b) Funds in the Little Snake River mitigation account shall be used by the Wyoming water development commission to complete the Little Snake River mitigation study to identify water supply and rehabilitation needs in the Little Snake River basin in Wyoming and to evaluate alternative measures to meet those needs.
(c) The Wyoming water development commission shall administer the Little Snake River mitigation account created by subsection (a) of this section. (Laws 1991, Ch. 231, § 8; 2005, Ch. 231, § 1; Renumbered from 41-2-1201 by Laws 2009, Ch. 168, § 401.)