Wyo. Stat. § 99-3-2303

Current through the 2024 legislative session
Section 99-3-2303 - 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 2018, Ch. 121, § 1, 2019, Ch. 55, § 2.)

(b) Project - Gillette Regional Extensions Phase IV-2018:
(i) Project sponsor: City of Gillette;
(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: Two million two hundred fifty-seven thousand dollars ($2,257,000.00);
(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 twelve thousand one hundred ninety dollars ($1,512,190.00) 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 five hundred twelve thousand one hundred ninety dollars ($1,512,190.00) 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 (b): (Laws 2018, Ch. 121, § 1; 2019, Ch. 55, § 2, 2023, Ch. 180, § 2.)

(c) Project - Glenrock Transmission Pipeline 2018:
(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: Seven hundred eighty-five thousand dollars ($785,000.00);
(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 twenty-five thousand nine hundred fifty dollars ($525,950.00) 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 five hundred twenty-five thousand nine hundred fifty dollars ($525,950.00) 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, 2023;
(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 2018, Ch. 121, § 1.)

(d) Project - Lusk Water System Improvements 2018:
(i) Project sponsor: Town of Lusk;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a new well, plug existing well, pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Eight hundred fifteen thousand dollars ($815,000.00);
(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 forty-six thousand fifty dollars ($546,050.00) 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 five hundred forty-six thousand fifty dollars ($546,050.00) 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, 2023;
(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 2018, Ch. 121, § 1.)

(e) Project - Melody Ranch Water System Improvements 2018:
(i) Project sponsor: Melody Ranch Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Design and construction of a new well, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: one million four hundred ten thousand dollars ($1,410,000.00);
(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 forty-four thousand seven hundred dollars ($944,700.00) 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 nine hundred forty-four thousand seven hundred dollars ($944,700.00) 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, 2026;
(vii) Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

Source Notes for subsection (e): (Laws 2018, Ch. 121, § 1, 2023, Ch. 180, § 2.)

(f) Project - Newcastle Well 2018:
(i) Project sponsor: City of Newcastle;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of well improvements, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven hundred forty thousand dollars ($740,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed four hundred ninety-five thousand eight hundred dollars ($495,800.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission four hundred ninety-five thousand eight hundred dollars ($495,800.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended funds appropriated under this subsection shall revert to water development account I on July 1, 2023;
(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 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 (f): (Laws 2018, Ch. 121, § 1.)

(g) Project - Northwest Rural Water System Improvements 2018:
(i) Project sponsor: Northwest Rural Water District;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of new storage tanks, transmission pipelines and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million six hundred seven thousand dollars ($1,607,000.00);
(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 seventy-six thousand six hundred ninety dollars ($1,076,690.00) 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 one million seventy-six thousand six hundred ninety dollars ($1,076,690.00) 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, 2023;
(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 (g): (Laws 2018, Ch. 121, § 1.)

(h) Project - Sheridan North Side Transmission Pipeline 2018:
(i) Project sponsor: City of Sheridan;
(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: two million five hundred ninety thousand dollars ($2,590,000.00);
(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 seven hundred thirty-five thousand three hundred dollars ($1,735,300.00) 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 seven hundred thirty-five thousand three hundred dollars ($1,735,300.00) 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, 2023;
(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 2018, Ch. 121, § 1.)

(j) Project - Sundance Tank 2018:
(i) Project sponsor: Town of Sundance;
(ii) Project purpose: Municipal and rural domestic water supply;
(iii) Project description: Design and construction of a new storage tank, demolition of existing tanks and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million seventy-nine thousand dollars ($1,079,000.00);
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred twenty-two thousand nine hundred thirty dollars ($722,930.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission seven hundred twenty-two thousand nine hundred thirty dollars ($722,930.00) 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, 2023;
(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 2018, Ch. 121, § 1.)

(k) Project - Weather Modification Wind River Mountains 2019:
(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 2018-2019 fall, winter and spring seasons;
(iv) Total project budget: Four hundred ninety thousand dollars ($490,000.00);
(v) Appropriation: There is appropriated from water development account I to the Wyoming water development office one hundred six thousand dollars ($106,000.00) 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, 2020;
(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 state of Wyoming shall participate at a rate of twenty percent (20%) of actual project operations costs not to exceed seventy thousand dollars ($70,000.00);
(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 eighty percent (80%) 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.

W.S. 99-3-2303

Amended by Laws 2023, ch. 180,§ 2, eff. 3/10/2023.
Amended by Laws 2019 , ch. 55, § 2, eff. 2/18/2019.
Added by Laws 2018 , ch. 121, § 1, eff. 3/14/2018.