Wyo. Stat. § 99-3-2203

Current through the 2024 legislative session
Section 99-3-2203 - 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, provided that the general condition related to repair and maintenance sinking funds as described in W.S. 99-3-103(a)(iii) shall not apply to these projects.

Source notes for subsection (a): (Laws 2017, Ch. 75, § 1; 2019, Ch. 55, § 2.)

(b) Project - Broken Wheel Ranch Water Supply 2017:
(i) Project sponsor: Broken Wheel Ranch Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Design and construction of groundwater well, well improvements, storage tank, transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Nine hundred fifteen thousand dollars ($915,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed six hundred thirteen thousand fifty dollars ($613,050.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission six hundred thirteen thousand fifty dollars ($613,050.00) 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, 2025;
(vii) Special conditions:
(A) Funds from this appropriation shall not be expended until the formation of the Broken Wheel Ranch Improvement and Service District has been approved by Lincoln County;
(B) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (b): (Laws 2017, Ch. 75, § 1; 2022, Ch. 93, § 2, 2023, Ch. 180, § 2.)

(c) Project - Cody Tank 2017:
(i) Project sponsor: City of Cody;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million six hundred thousand dollars ($3,600,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two million four hundred twelve thousand dollars ($2,412,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million four hundred twelve thousand dollars ($2,412,000.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (c): (Laws 2017, Ch. 75, § 1.)

(d) Project - Cowley Tank 2017:
(i) Project sponsor: Town of Cowley;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million seven hundred ten thousand dollars ($4,710,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three million one hundred fifty-five thousand seven hundred dollars ($3,155,700.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three million one hundred fifty-five thousand seven hundred dollars ($3,155,700.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (d): (Laws 2017, Ch. 75, § 1.)

(e) Project - Gillette Regional Extensions 2017:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million one hundred ten thousand dollars ($4,110,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two million seven hundred fifty-three thousand seven hundred dollars ($2,753,700.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two million seven hundred fifty-three thousand seven hundred dollars ($2,753,700.00) 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, 2025;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) The sponsor shall authorize water use in Crook County, subject to the following conditions:
(I) A total of five (5) municipal use, including stock use, taps will be provided from the existing eight (8) inch and twelve (12) inch diameter treated water pipelines located generally in the vicinity of the City of Gillette's Madison Well Field in Crook County on a first come, first served basis;
(II) Any additional or existing taps in Crook County located on the eight (8) and twelve (12) inch diameter treated water pipelines shall be used solely for rural domestic use;
(III) Existing water service agreements in Crook County shall remain in full force and effect;
(IV) Any new water service agreement entered into under this subparagraph shall be similar in form to existing individual and wholesale water service agreements previously executed prior to 2018 in Crook and Campbell counties;
(V) The water rates, connection charges and fees associated with taps provided under this subparagraph shall be identical to similar rates, charges and fees assessed to city of Gillette water customers, in accordance with city ordinances;
(VI) Any additional or future water districts formed in the immediate vicinity of the City of Gillette's Madison Well Field shall be able to connect to the eight (8) and twelve (12) inch diameter treated water pipelines. The water districts shall be served as a regional, wholesale water customer. Any new district shall own, operate and maintain their system downstream of a master meter. The city shall own the water pipelines and infrastructure from the eight (8) and twelve (12) inch diameter treated water pipelines up to and including the master meter within the control building. The city has no obligation to plan, finance, develop or construct an additional or future regional extension project in Crook County; and
(VII) New water customers from the existing eight (8) and twelve (12) inch diameter treated water pipelines shall be limited to forty thousand (40,000) gallons per month for rural domestic use and eighty thousand (80,000) gallons per month for municipal use, including stock use, during the city's high demand months of June, July, August and September.

Source Notes for subsection (e): (Laws 2017, Ch. 75, § 1; 2018, Ch. 121, § 2; 2019, Ch. 55, § 2; 2022, Ch. 93, § 2, 2023, Ch. 180, § 2.)

(f) Project - Glenrock Transmission Pipeline 2017:
(i) Project sponsor: Town of Glenrock;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred eighty thousand dollars ($380,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed two hundred fifty-four thousand six hundred dollars ($254,600.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission two hundred fifty-four thousand six hundred dollars ($254,600.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (f): (Laws 2017, Ch. 75, § 1.)

(g) Project - High Meadow Ranch Well, Tank and Pipeline 2017:
(i) Project sponsor: High Meadow Ranch Water District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Design and construction of well improvements, storage tank and transmission pipeline and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million nine hundred seventy-three thousand dollars ($2,973,000.00);
(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 nine hundred ninety-one thousand nine hundred ten dollars ($1,991,910.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million nine hundred ninety-one thousand nine hundred ten dollars ($1,991,910.00) 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, 2022;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;
(B) In addition to the amount under subparagraph (A) of this paragraph, the sponsor is responsible for acquiring one hundred percent (100%) of the total well purchase price from other sources;
(C) The sponsor shall purchase the well drilled during the level II study for a price not to exceed thirty-three percent (33%) of the well's actual construction costs. The sponsor shall purchase the well with a lump sum payment.

Source Notes for subsection (g): (Laws 2017, Ch. 75, § 1.)

(h) Project - Opal Well Improvements 2017:
(i) Project sponsor: Town of Opal;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of well improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven thousand dollars ($7,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four thousand six hundred ninety dollars ($4,690.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission four thousand six hundred ninety dollars ($4,690.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (h): (Laws 2017, Ch. 75, § 1.)

(j) Project - Pineview Tank and Booster Pump 2017:
(i) Project sponsor: Pineview Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Design and construction of a storage tank, pumping facilities and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred fifty thousand dollars ($550,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed three hundred sixty-eight thousand five hundred dollars ($368,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three hundred sixty-eight thousand five hundred dollars ($368,500.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (j): (Laws 2017, Ch. 75, § 1.)

(k) Project - Pioneer Transmission Pipeline 2017:
(i) Project sponsor: Pioneer Water and Sewer District;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million eight hundred sixty thousand dollars ($1,860,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed one million two hundred forty-six thousand two hundred dollars ($1,246,200.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million two hundred forty-six thousand two hundred dollars ($1,246,200.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (k): (Laws 2017, Ch. 75, § 1.)

(m) Project - Thayne Tank 2017:
(i) Project sponsor: Town of Thayne;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred eighty thousand dollars ($880,000.00);
(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 five hundred eighty-nine thousand six hundred dollars ($589,600.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission five hundred eighty-nine thousand six hundred dollars ($589,600.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (m): (Laws 2017, Ch. 75, § 1.)

(n) Project - Weather Modification Wind River Mountains 2018:
(i) Project sponsor: The state of Wyoming;
(ii) Project purpose: To enhance the winter snowpack in the Wind River Mountain Range;
(iii) Project description: Conduct an operational winter snowpack augmentation program during the 2017-2018 fall, winter and spring seasons;
(iv) Total project budget: Five hundred ninety thousand dollars ($590,000.00);
(v) Appropriation: There is appropriated from water development account I to the Wyoming water development office one hundred fifty-five thousand dollars ($155,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2019;
(vi) Special conditions:
(A) The Wyoming water development office shall manage and provide oversight of the program. Ten thousand dollars ($10,000.00) of the total appropriation is allocated for this purpose;
(B) The project operations budget shall not exceed five hundred eighty thousand dollars ($580,000.00) of which the state of Wyoming shall participate at a rate of twenty-five percent (25%) of actual project operations costs;
(C) Prior to commencing project operations, the Wyoming water development office shall acquire funding commitments from other Colorado River basin water users or other interested parties for seventy-five percent (75%) of actual project operations costs;
(D) If the state of Wyoming is unable to secure adequate funding commitments and the project is cancelled, the Wyoming water development office is authorized to use the appropriated funds to remove weather modification equipment and reclaim project sites.

Source Notes for subsection (n): (Laws 2017, Ch. 75, § 1.)

(o) Project - Wheatland Wells 2017:
(i) Project sponsor: Town of Wheatland;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of wells, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million four hundred eighty-five thousand dollars ($1,485,000.00);
(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 nine hundred ninety-four thousand nine hundred fifty dollars ($994,950.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission nine hundred ninety-four thousand nine hundred fifty dollars ($994,950.00) 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, 2022;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

W.S. 99-3-2203

Amended by Laws 2023, ch. 180,§ 2, eff. 3/10/2023.
Amended by Laws 2022 , ch. 93, § 2, eff. 3/16/2022.
Amended by Laws 2019 , ch. 55, § 2, eff. 2/18/2019.
Amended by Laws 2018 , ch. 121, § 2, eff. 3/14/2018.
Added by Laws 2017 , ch. 75, § 1, eff. 7/1/2017.