Wyo. Stat. § 99-2-104

Current through the 2024 Budget Session
Section 99-2-104 - Level III construction projects-rehabilitation
(a) Except as otherwise specifically provided, each Level III rehabilitation construction project identified in this section shall be subject to the following general conditions:
(i) Each sponsor shall offer security for the project loan as deemed adequate and acceptable to the attorney general;
(ii) The commission shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section;
(iii) Each sponsor shall establish a sinking fund for repair and maintenance of the project as deemed appropriate by the commission;
(iv) Each sponsor shall supervise design and construction of the project and submit all requests for payment to the commission for approval;
(v) Sponsors shall not make construction funding commitments until after the commission has reviewed and approved construction budgets and construction plans;
(vi) The commission shall make payments directly to the sponsors;
(vii) The sponsor shall be responsible for operation and maintenance of the project;
(viii) The sponsor is responsible for all project expenditures in excess of the total project budget;
(ix) If the commission determines that any sponsor has, without good cause, abandoned completion of the project, that sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended plus interest as established by the state auditor in an amount equal to the interest that would have accrued on the expended grant funds in the water development account from the date of expenditure;
(x) Principal and interest payments made in repayment of loans shall be deposited in water development account II.

Source notes for subsection (a): (Laws 1991, ch. 231, § 4a.)

(b) Project - Afton Water Supply:
(i) Project sponsor: Town of Afton;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Spring renovation, transmission pipeline replacement, storage tank, pump station, pipeline connection to the existing system, a groundwater well, valves and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two million six hundred thousand dollars ($2,600,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred thousand dollars ($1,300,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million three hundred thousand dollars ($1,300,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two million six hundred thousand dollars ($2,600,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1995;
(viii) Special conditions: If the town installs a hydroelectric generation facility into the project, the profits derived from the power generation, after debt service and operation, maintenance and replacement costs, shall be utilized to reduce the principal of the loan provided in paragraph (v) of this subsection. After the principal on the loan has been retired, the profits from the power generation shall belong to the town.

Source notes for subsection (b): (Laws 1991, ch. 231, § 4b.)

(c) Project - Chamberlain Reservoir:
(i) Project sponsor: LaPrele Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to the existing embankment, outlet works, principal, north, and emergency spillways, and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One hundred fifty thousand dollars ($150,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seventy-five thousand dollars ($75,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of twenty-five (25) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seventy-five thousand dollars ($75,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one hundred fifty thousand dollars ($150,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1994;
(viii) Special conditions: Upon completion of the project contract the commission shall reamortize the balance of the principal, as of January 1, 1991, of the existing loan provided in the 1984 Wyoming Session Laws, Chapter 25, Section 1(b) on the basis of an interest rate of four percent (4%) and twenty-four (24) annual payments.

Source notes for subsection (c): (Laws 1991, ch. 231, § 4c.)

(d) Project - Cheyenne North Crow Reservoir:
(i) Project sponsor: City of Cheyenne;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing North Crow dam, spillway and outlet works and to the existing diversion dam and outlet works and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three million five hundred thousand dollars ($3,500,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred fifty thousand dollars ($1,750,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million seven hundred fifty thousand dollars ($1,750,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission three million five hundred thousand dollars ($3,500,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1995.

Source notes for subsection (d): (Laws 1991, ch. 231, § 4d.)

(e) Project-Douglas Water Supply:
(i) Project sponsor: City of Douglas;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing intake structure on the North Platte River and to existing facilities at the Little Box Elder Springs and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Four hundred thousand dollars ($400,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thousand dollars ($200,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of forty (40) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred thousand dollars ($200,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission four hundred thousand dollars ($400,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1994;
(viii) Repealed by Laws 1992, ch. 28, § 6.

Source notes for subsection (e): (Laws 1991, ch. 231, § 4e; 1992, ch. 28, § 6.)

(f) Project - Etna Diversion Dam:
(i) Project sponsor: Etna Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Replacement of the existing diversion dam and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Two hundred thousand dollars ($200,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thousand dollars ($100,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of fifteen (15) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred thousand dollars ($100,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission two hundred thousand dollars ($200,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1995.

Source notes for subsection (f): (Laws 1991, ch. 231, § 4f.)

(g) Project - Shoshoni Water Supply:
(i) Project sponsor: Town of Shoshoni;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Improvements to the existing well field, storage tank, transmission and water supply pipeline; installation of a telemetry system; and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Seven hundred forty thousand dollars ($740,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred seventy thousand dollars ($370,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines benefits accrue to the district, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred seventy thousand dollars ($370,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission seven hundred forty thousand dollars ($740,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1994.

Source notes for subsection (g): (Laws 1991, ch. 231, § 4g.)

(h) Project - Smiths Fork Water Supply:
(i) Project sponsor: Smiths Fork Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to an existing diversion dam, headgate, and siphon; installation of measuring devises; and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: Three hundred forty thousand dollars ($340,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred seventy thousand dollars ($170,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty-five (35) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred seventy thousand dollars ($170,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission three hundred forty thousand dollars ($340,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1995. Source notes for subsection (h): (Laws 1991, ch. 231, § 4h.)
(j) Project - Upper Hanover Water Supply:
(i) Project sponsor: Hanover Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Improvements to existing wasteways, flumes, siphons, underpasses, check structures, canals, pipelines and appurtenances necessary to make the project complete and function in the manner intended;
(iv) Total project budget: One million two hundred thousand dollars ($1,200,000.00);
(v) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred thousand dollars ($600,000.00) or fifty percent (50%) of the actual development costs, whichever is less, for a term of thirty-five (35) years from the date the commission determines project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vi) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred thousand dollars ($600,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vii) Appropriation: There is appropriated from water development account II to the commission one million two hundred thousand dollars ($1,200,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account II on July 1, 1996;
(viii) Special conditions: The sponsor shall develop a written agreement with the Bluff, Upper Bluff and Highland Hanover irrigation districts identifying the project responsibilities of the parties.

Source notes for subsection (j):

W.S. 99-2-104