2002

State of Wyoming

02LSO-0322.W2

WORKING DRAFT

SENATE FILE NO.

Omnibus water bill-construction.

Sponsored by: Select Water Committee

A BILL

for

AN ACT relating to water development projects; authorizing construction of designated water projects; describing projects; specifying terms and conditions of funding for projects; providing restrictions relating to sales of water and operation of projects; providing appropriations; modifying project descriptions, terms of appropriations for various specified prior projects; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1. W.S. 99-3-601 through 99-3-604 are created to read:

ARTICLE 6

2002 CONSTRUCTION PROJECTS

[AUTHORIZATION FOR 2002 CONSTRUCTION PROJECTS]

99-3-601. Definitions.

The definitions in W.S. 99-3-101 apply to this article.

99-3-602. General authorization.

The provisions of W.S. 99-3-102 apply to this article.

[2002 NEW DEVELOPMENT PROJECTS]

99-3-603. 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.

[NEW DEVELOPMENT CONSTRUCTION PROJECTS]

(b) Project – Alpine Raw Water Project:

(i) Project sponsor: Town of Alpine;

(ii) Project purpose: Engineering design and specifications for a raw water supply system;

(iii) Project description: Final engineering design and specifications, review of water rights, legal expenses for acquiring rights-of-way and permit procurement for a raw water supply system for the Town of Alpine and design of appurtenances necessary for the project to function in the manner intended;

(iv) Total project budget: Fifty-five thousand six hundred dollars ($55,600.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design and specifications, review of water rights, permit procurement, legal expenses to cover costs of exhibits and documents necessary to acquire rights-of-way of the project an amount not to exceed thirteen thousand nine hundred dollars ($13,900.00) or twenty-five percent (25%) of the actual development costs, whichever is less, for a term of five (5) years from the date the commission determines project benefits accrue to the sponsor, 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 and specifications, review of water rights, permit procurement, legal expenses to cover costs of exhibits and documents necessary to acquire rights-of-way of the project an amount not to exceed twenty-seven thousand eight hundred dollars ($27,800.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vii) Appropriation: There is appropriated from water development account I to the commission forty-one thousand seven hundred dollars ($41,700.00) 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, 2006; and

(viii) Special condition: The sponsor is responsible for acquiring twenty-five percent (25%) of the total project budget from other sources.

(i) Project sponsor: Big Horn Regional Joint Powers Board;

(ii) Project purpose: Municipal, rural domestic water supply;

(iii) Project description: Engineering Design, construction engineering, permit procurement, land procurement, construction of a regional pipeline to connect the Worland well field to other systems in the Big Horn Basin, a river crossing and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Eleven million dollars ($11,000,000.00);

(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 a the project an amount not to exceed five million five hundred thousand dollars ($5,500,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account I to the commission five million five hundred thousand dollars ($5,500,000.00) 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, 2007;

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(d) Project – Casper Zone II Water Supply Project:

(i) Project sponsor: City of Casper;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Construction of a new water transmission pipeline and storage facilities to service growth in the eastern area of Casper and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Three million one hundred eighty-eight thousand dollars ($3,188,000.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, construction engineering, land acquisition and related legal expenses, and construction of the project an amount not to exceed one million five hundred ninety-four thousand dollars ($1,594,000.00) 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 I through the commission for the design, permit procurement, construction engineering, project land procurement, and construction of the project an amount not to exceed one million five hundred ninety-four thousand dollars ($1,594,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vii) Appropriation: There is appropriated from water development account I to the commission three million one hundred eighty-eight thousand dollars ($3,188,000.00) 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.

(e) Project – Laramie East Side Tank Project:

(i) Project sponsor: City of Laramie;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Construction of a new water transmission pipeline and storage facilities to service growth in the eastern area of Laramie and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Seven million nine hundred ten thousand dollars ($7,910,000.00);

(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, construction engineering, project land procurement and construction of the project an amount not to exceed three million nine hundred fifty-five thousand dollars ($3,955,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account I to the commission three million nine hundred fifty-five thousand dollars ($3,955,000.00) 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;

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(f) Project - Little Snake River Small Dams and Reservoirs Phase II 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: Five hundred thousand dollars ($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 two hundred thousand dollars ($200,000.00) 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 three hundred thousand dollars ($300,000.00) 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 five hundred thousand dollars ($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, 2007;

(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; and

(g) Project – Pinedale Intake Project:

(i) Project sponsor: Town of Pinedale;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Redesign and construction of the town’s intake located at Fremont Lake to address icing conditions due to drought related lowering of the lake which caused ice to encase the intake pipeline and lift the submerged section of the pipeline when the lake level rose in the spring and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: One hundred ninety-three thousand dollars ($193,000.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed ninety-six thousand five hundred dollars ($96,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of ten (10) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of 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 a the project an amount not to exceed ninety-six thousand five hundred dollars ($96,500.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vii) Appropriation: There is appropriated from water development account I to the commission one hundred ninety-three thousand dollars ($193,000.00) 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.

(h) Project – Sinclair Water Supply Project

(i) Project sponsor: Town of Sinclair;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Design and construction of a pipeline and storage tank to integrate with a larger project that is needed to address an Environmental Protection Agency administrative order issued to the Town of Sinclair to comply with the Safe Drinking Water Act and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: One million three hundred forty-five thousand dollars ($1,345,000.00);

(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, construction engineering, project land procurement and construction of the project an amount not to exceed six hundred seventy-two thousand five hundred dollars ($672,500.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account I to the commission six hundred seventy-two thousand five hundred dollars ($672,500.00) 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 I on July 1, 2007;

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(j) Project - Small Water Development Projects:

(i) Project sponsors: Eligible public entities;

(ii) Project purpose: Multi-purpose - agriculture, recreation, environmental;

(iii) Project description: Construction of small dams, windmills, spring development, pipelines, etcetera, to impound, develop and convey water for livestock, wildlife, environmental and recreational purposes;

(iv) Total project budget: One million dollars ($1,000,000.00);

(vi) Project grant: The state of Wyoming shall grant to sponsors 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 thousand dollars ($500,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vii) Appropriation: There is appropriated from water development account I to the commission five hundred thousand dollars ($500,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. The funds appropriated shall not lapse at the end of any fiscal period but shall carry over until expended or reverted by the legislature to water development account I;

(viii) Definition: "Small project" means a project where construction costs, permit procurement, construction engineering and project land procurement are fifty thousand dollars ($50,000.00) or less;

(ix) Special conditions:

(A) Only projects with a total construction cost of fifty thousand dollars ($50,000.00) or less are eligible for funding;

(B) The commission shall conduct two pilot studies in two separate watersheds to establish eligibility criteria and administration procedures for development of small projects. Once the criteria and administration procedures are approved and adopted by the commission, the program may be applied on a state-wide basis;

(C) The commission may grant a sponsor fifty percent of the construction cost of a project with a maximum grant awarded a sponsor limited to twenty-five thousand dollars ($25,000.00);

(D) The project sponsors must substantiate the public benefit that will be derived from proposed projects;

(E) The commission may make monthly progress payments for no more than fifty percent of eligible monthly project expenses;

(F) An appropriate land management or resource management entity must certify that the proposed project will meet expectations and that appropriate engineering standards, as approved by the commission, will be adhered to.

(k) Project – Torrington Raw Water Project:

(i) Project sponsor: City of Torrington;

(ii) Project purpose: Raw water irrigation supply;

(iii) Project description: Drilling and construction of three groundwater wells to irrigate greenways to assist the city with complying with an administrative order issued by the Environmental Protection Agency regarding compliance with the Safe Drinking Water Act and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: One hundred ninety-two thousand dollars ($192,000.00);

(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 a the project an amount not to exceed ninety-six thousand dollars ($96,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account I to the commission ninety-six thousand dollars ($96,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2007; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(m) Project – Wright Well and Pipeline Project:

(i) Project sponsor: Wright Water and Sewer District;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Design and construction of a new groundwater well and pipeline 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 design, permit procurement, construction engineering, project land procurement 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, 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 design, permit procurement, construction engineering, project land procurement 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;

(vii) 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, 2007;

(viii) Special condition: Funding is contingent upon the sponsor complying, to the satisfaction and approval of the commission, with the restrictions specified in an agreement between the sponsor and the commission dated September 10, 1987 relating to the sale of water for uses other than for municipal or domestic purposes.

[REHABILITATION CONSTRUCTION PROJECTS]

99-3-604. 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.

(b) Project – Lingle Water Supply Phase II:

(i) Project sponsor: Town of Lingle;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Design and construction of a transmission pipeline and storage facility needed to replace aged, inadequate infrastructure and miscellaneous appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Seven hundred eleven thousand dollars ($711,000.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred fifty-five thousand five hundred dollars ($355,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of seven and one-quarter percent (7.25%);

(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred fifty-five thousand five hundred dollars ($355,500.00) or fifty percent (50%) of the actual development costs, whichever is less; and

(vii) Appropriation: There is appropriated from water development account II to the commission seven hundred eleven thousand dollars ($711,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2007.

(i) Project sponsor: Riverton Valley Irrigation District;

(ii) Project purpose: Irrigation;

(iii) Project description: Replacing open ditches with piped laterals, miscellaneous structures and other appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Six hundred seventy thousand dollars ($670,000.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed three hundred thirty-five thousand dollars ($335,000.00) or one hundred percent (100%) of the materials cost, whichever is less;

(vi) Appropriation: There is appropriated from water development account II to the commission three hundred thirty-five thousand dollars ($335,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2007; and,

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(d) Project – Shoshone Drop Structures Project:

(i) Project sponsor: Shoshone Irrigation District;

(ii) Project purpose: Irrigation;

(iii) Project description: Replacing and rehabilitating drop structures in the Garland Canal and other miscellaneous appurtenances necessary to make the project function in the manner intended;

(iv) Total Project budget: One million one hundred forty thousand dollars ($1,140,000.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed five hundred seventy thousand dollars ($570,000.00) or one hundred percent (100%) of the materials cost, whichever is less;

(vi) Appropriation: There is appropriated from water development account II to the commission five hundred seventy thousand dollars ($570,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2007; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(e) Project – Sidon Bitter Creek Crossing Rehabilitation Project:

(i) Project sponsor: Sidon Irrigation District;

(ii) Project purpose: Irrigation;

(iii) Project description: Rehabilitation of the Bitter Creek crossing structure to assure the delivery of the water supply to district members and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Two hundred seventeen thousand dollars ($217,000.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed one hundred eight thousand five hundred dollars ($108,500.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of ten (10) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of six percent (6%);

(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed one hundred eight thousand five hundred dollars ($108,500.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vii) Appropriation: There is appropriated from water development account II to the commission two hundred seventeen thousand dollars ($217,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2007.

(f) Project – Sleepy Hollow Tank Rehabilitation Project:

(i) Project sponsor: Central Campbell County Improvement and Service District;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: To stabilize tank settlement and modify pipeline connections, and to rehabilitate the Sleepy Hollow tank control house and miscellaneous appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: One hundred thousand dollars ($100,000.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for design, permit procurement, project land procurement and construction of the project an amount not to exceed fifty thousand dollars ($50,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account II to the commission fifty thousand dollars ($50,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2007; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

(g) Project - Small Water Development Projects:

(i) Project sponsors: Eligible public entities;

(ii) Project purpose: Multi-purpose - agriculture, recreation, environmental;

(iii) Project description: Rehabilitation and replacement of small dams, windmills, spring rehabilitation, pipeline rehabilitation, etc. to impound, develop and convey water for livestock, wildlife, environmental and recreational purposes;

(iv) Total project budget: One million dollars ($1,000,000.00);

(vi) Project grant: The state of Wyoming shall grant to sponsors from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed five hundred thousand dollars ($500,000.00) 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 five hundred thousand dollars ($500,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. The funds appropriated shall not lapse at the end of any fiscal period but shall carry over until expended or reverted by the legislature to water development account II;

(viii) Definition: "Small project" means a project where rehabilitation costs, permit procurement, and project land procurement are fifty thousand dollars ($50,000.00) or less;

(ix) Special conditions:

(A) Only projects with a total construction cost of fifty thousand dollars ($50,000.00) or less are eligible for funding;

(B) The commission shall conduct two (2) pilot studies in two (2) separate watersheds to establish eligibility criteria and administration procedures for development of small projects. Once the criteria and administration procedures are approved and adopted by the commission, the program may be applied on a state-wide basis;

(C) The commission may grant a sponsor fifty percent (50%) of the construction cost of a project with a maximum grant awarded a sponsor limited to twenty-five thousand dollars ($25,000.00);

(D) The project sponsors must substantiate the public benefit that will be derived from proposed projects;

(E) The commission may make monthly progress payments for no more than fifty percent (50%) of eligible monthly project expenses;

(h) Project – Upton Water Tank Replacement Project:

(i) Project sponsor: Town of Upton;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Replacement of a failing water storage tank, pipeline and miscellaneous appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: Three hundred seventeen thousand six hundred dollars ($317,600.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the final design, plans and specifications for the project an amount not to exceed one hundred fifty-eight thousand eight hundred dollars ($158,800.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account II to the commission one hundred fifty-eight thousand eight hundred dollars ($158,800.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2006;

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

[AMENDMENTS TO PRIOR PROJECTS]

Section 2. [Amendments to the Greybull Valley Dam and Reservoir Project] W.S. 99-2-403(g)(iv) through (vii) is amended to read:

99-2-403. Level III construction projects-new development.

(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: ~~Forty million dollars ($40,000,000.00)~~ 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 ~~ten million dollars ($10,000,000.00)~~ 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 ~~thirty million dollars ($30,000,000.00)~~ 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 ~~forty million dollars ($40,000,000.00)~~ 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, ~~2000~~ 2005;.

(viii) Special condition: Payment of interest and principal and accrual of interest on the loan shall be deferred until five (5) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining forty-five (45) years.

Section 3. [Amendments to the Torrington Water Supply Project] W.S. 99-3-203(m)(vii) is amended to read:

99-3-203. Level III construction projects - new development.

(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: Four million five hundred thousand dollars ($4,500,000.00);

(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 one million eight hundred thousand dollars ($1,800,000.00) 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%). In lieu of this loan, the sponsor is encouraged to seek application for funding forty percent (40%) of project costs from United States department of agriculture rural development;

(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 thousand dollars ($2,700,000.00) 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 million five hundred thousand dollars ($4,500,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, ~~2002~~ 2007.

Section 4. [Amendments to the Rawlins Transmission Line Rehabilitation Project] W.S. 99-3-204(e)(vi) is amended to read:

99-3-204. Level III construction projects-rehabilitation.

(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 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, ~~2002~~ 2005;

(vii) Special condition: The sponsor is responsible for acquiring forty percent (40%) of the total project budget from other sources. (Laws 1998, ch. 38, § 2.)

Section 5. [Amendments to the Wheatland Irrigation District Sand Lake and Canon Canal Rehabilitation Project] W.S. 99-3-204(g)(iv) through (vii) is amended to read:

99-3-204. Level III construction projects-rehabilitation.

(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: ~~Four hundred seventy-five thousand dollars ($475,000.00)~~ 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 ~~two hundred thirty-seven thousand five hundred dollars ($237,500.00)~~ 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 ~~two hundred thirty-seven thousand five hundred dollars ($237,500.00)~~ 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 ~~four hundred seventy-five thousand dollars ($475,000.00)~~ 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, ~~2002~~ 2006. (Laws 1998, ch. 38, § 2.)

Section 6. [Amendments to the Glenrock Groundwater Supply Project] W.S. 99-3-403(g)(iv) through (vii) is amended to read:

99-3-403. Level III construction projects-new development.

(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 six hundred fifty thousand dollars ($1,650,000.00)~~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 ~~six hundred sixty thousand dollars ($660,000.00)~~ 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 ~~nine hundred ninety thousand dollars ($990,000.00)~~ 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 six hundred fifty thousand dollars ($1,650,000.00)~~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.

Section 7. [Amendments to the Sheridan Big Goose Water Supply Project] W.S. 99-3-403(p)(iv) through (vii) is amended to read:

99-3-403. Level III construction projects-new development.

(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: ~~Two million six hundred forty-five thousand dollars ($2,645,000.00)~~Three million two hundred thirty-nine thousand dollars ($3,239,000.00);

(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 five hundred eighty-seven thousand dollars ($1,587,000.00)~~one million eight hundred eighty-four thousand dollars ($1,884,000.00) or ~~sixty percent (60%)~~fifty-eight and seventeen hundreds percent (58.17%) of the actual development costs, whichever is less;

(vi) Appropriation: There is appropriated from water development account I to the commission ~~one million five hundred eighty-seven thousand dollars ($1,587,000.00)~~one million eight hundred eighty-four thousand dollars ($1,884,000.00) 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~~ 2005;

(vii) Special condition: The sponsor is responsible for acquiring the remaining ~~forty percent (40%)~~forty-one and eighty-three hundreds percent (41.83%) of the total project budget from other sources.

Section 8. [Amendments to Fayette Irrigation Ditch Rehabilitation] W.S. 99-3-404(h)(iv) through (vi) and by creating a new paragraph (vii) is amended to read:

99-3-404. Level III construction projects-rehabilitation.

(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, and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Ninety-eight thousand five hundred dollars ($98,500.00)~~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 ~~ninety-eight thousand five hundred dollars ($98,500.00)~~thirty-seven thousand five hundred dollars ($37,500.00) or ~~one hundred percent (100%)~~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%)~~six percent (6%);

(vi) Appropriation: There is appropriated from the water development account II to the commission ~~ninety-eight thousand five hundred dollars ($98,500.00)~~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, 2005;. and

(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.

Section 9. [Amendments to Bridger Valley Intake Structure Rehabilitation Project] W.S 99-3-504(c)(iii) through (vi) is amended to read:

99-3-504. Level III construction projects - rehabilitation.

(i) Project sponsor: Bridger Valley Joint Powers Board;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Rehabilitation of the intake and raw water diversion facility, construction of a water storage tank, and transmission pipeline and appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Two hundred seventy-six thousand dollars ($276,000.00)~~ One million ten thousand dollars ($1,010,000.00);

(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 thirty-eight thousand dollars ($138,000.00)~~five hundred five thousand dollars ($505,000.00) 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 hundred thirty-eight thousand dollars ($138,000.00)~~five hundred five thousand dollars ($505,000.00) 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, 2005; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Section 10. [Amendments to Cheyenne South Crow Dam Water Supply rehabilitation Project] W.S 99-3-504(d)(iii) and (iv), (vi) and (vii) and by creating a new paragraph (viii) is amended to read:

99-3-504. Level III construction projects - rehabilitation.

(d) Project – Cheyenne South Crow Dam Water Supply Rehabilitation Project:

(i) Project sponsor: City of Cheyenne;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Final design services, plans and specifications, for rehabilitating the South Crow Dam, for adding a supervisory control and data acquisition control system, for pipelines needed to connect to the city's treatment and conveyance system, rehabilitation of the dam, installation of the pipeline, installation of telemetry, construction of a valve house and ~~for~~ appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Seventy thousand dollars ($70,000.00)~~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 II through the commission for final design, plans and specifications of the project an amount not to exceed thirty-five thousand dollars ($35,000.00) or fifty percent (50%) of the actually 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 hall grant to the sponsor from water development account II through the commission for the final design, plans and specifications for the project, construction engineering, project land procurement, permit procurement, and construction of the project an amount not to exceed ~~thirty-five thousand ($35,000.00)~~seven hundred fifty-thousand dollars ($750,000.00) or fifty percent (50%) of the actual development costs, whichever is less; and

(vii) Appropriation: There is appropriated from water development account II to the commission ~~seventy thousand dollars ($70,000.00)~~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, 2007.

(viii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Section 11. [Amendments to Encampment Raw Water Line Rehabilitation Project] W.S 99-3-504(f)(iii) and (iv), (vi) and (vii) and by creating a new paragraph (viii) is amended to read:

99-3-504. Level III construction projects - rehabilitation.

(f) Project – Encampment Raw Water Line Rehabilitation Project:

(i) Project sponsor: Town of Encampment;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Final design services, plans and specifications, for the replacement of the remaining nonpiped portion of the raw water conveyance system extending from the North Fork of the Encampment River to the town's water system, installation of the pipeline and for appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Sixty thousand dollars ($60,000.00)~~Eight hundred thousand dollars ($800,000.00);

~~(v)~~ Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for final design, plans and specifications of the project an amount not to exceed thirty thousand dollars ($30,000.00) or (3.75%) 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 final design, plans, and specifications, ~~for~~ project land procurement, construction engineering and construction of the project an amount not to exceed ~~thirty thousand dollars ($30,000.00)~~four hundred thousand dollars ($400,000.00) or fifty percent (50%) of the actual development costs, whichever is less; and

(vii) Appropriation: There is appropriated from water development account II to the commission ~~sixty thousand dollars ($60,000.00)~~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, 2006.

(viii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Section 12. [Amendments to Gillette Central Pressure zone Isolation Rehabilitation Project] W.S 99-3-504(g)(iii) through (vi) is amended to read:

99-3-504. Level III construction projects - rehabilitation.

(g) Project – Gillette Central Pressure Zone Isolation Rehabilitation Project:

(i) Project sponsor: City of Gillette;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Final design services, plans and specifications, for improving fire flows, meeting Safe Drinking Water Act minimum pressure and disinfection requirements, installation of transmission lines and ~~for~~ appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~One hundred fifty thousand dollars ($150,000.00)~~One million five hundred nineteen thousand dollars ($1,519,000.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the final design, plans and specifications, ~~for~~ project land procurement, construction engineering and construction of the project an amount not to exceed ~~seventy-five thousand ($75,000.00)~~seven hundred fifty nine thousand five hundred dollars ($759,500.00) 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 ~~seventy-five thousand dollars ($75,000.00)~~seven hundred fifty nine thousand five hundred dollars ($759,500.00) 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, 2006; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Section 13. [Amendments to Laramie North Side Water Supply Rehabilitation Project] W.S. 99-3-504(j)(iii) through (vii) is amended to read:

99-3-504. Level III construction projects-rehabilitation.

(j) Project – Laramie North Side Water Supply Rehabilitation Project:

(i) Project sponsor: City of Laramie;

(ii) Project purpose: Municipal;

(iii) Project description: Permit procurement, right-of-way acquisition, final design services, plans and specifications required to rehabilitate an existing twenty (20) inch diameter pipeline, to add additional storage facilities in east Laramie, to connect the east side storage to the Laramie water system, the rehabilitation of a twenty inch and twenty-four inch diameter transmission pipeline, the replacement of a portion of the twenty inch diameter line, cathodic protection and for appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Nine hundred seventy thousand dollars ($970,000.00)~~Four million one hundred ninety-five thousand dollars ($4,195,000.00);

(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for permit procurement, right-of-way acquisition, final design, plans and specifications, construction engineering and construction of the project an amount not to exceed ~~four hundred eighty-five thousand dollars ($485,000.00)~~two million ninety-seven thousand five hundred dollars ($2,097,500.00) 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 permit procurement, right-of-way acquisition, final design, plans and specifications, construction engineering and construction of the project an amount not to exceed ~~four hundred eighty-five thousand dollars ($485,000.00)~~one million six hundred twelve thousand five hundred dollars ($1,612,500.00) or fifty percent (50%) of the actual development costs, whichever is less; and

(vii) Appropriation: There is appropriated from water development account II to the commission ~~nine hundred seventy thousand dollars ($970,000.00)~~four million one hundred ninety five thousand dollars ($4,195,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2007.

Section 14. [Amendments to Powell Water Supply rehabilitation Project] W.S 99-3-504(m)(iii) through (vi) is amended to read:

99-3-504. Level III construction projects - rehabilitation.

(m) Project – Powell Water Supply Rehabilitation Project:

(i) Project sponsor: City of Powell;

(ii) Project purpose: Municipal and domestic water supply;

(iii) Project description: Right-of-way acquisition, final design services, including permitting services and providing plans and specifications, for replacing an old water storage tank, for providing miscellaneous piping and pressure reducing valves to create additional pressure zones to comply with the Safe Drinking Water Act's minimum pressure requirements, construction of a new storage tank, valves, pressure reducing valves and for appurtenances necessary to make the project function in the manner intended;

(iv) Total project budget: ~~Two hundred fifty-four thousand dollars ($254,000.00)~~ One million eight hundred twenty-four thousand ($1,824,000.00);

(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the right-of-way acquisition, final design, plans and specifications, ~~for~~ construction engineering and construction of the project an amount not to exceed ~~one hundred twenty-seven thousand dollars ($127,000.00)~~nine hundred twelve thousand dollars ($912,000.00) 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 hundred twenty-seven thousand dollars ($127,000.00)~~nine hundred twelve thousand dollars ($912,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 2007; and

(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Section 15. W.S. 99-3-504(d)(v) and (f)(v) are repealed.

Section 16. This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

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