Wyo. Stat. § 99-3-2704

Current through the 2024 legislative session
Section 99-3-2704 - 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, provided that W.S. 99-3-104(a)(iii) shall not apply to the projects identified in this section unless required by W.S. 41-2-121.

Source Notes for subsection (a): (Laws 2022, Ch. 93, § 1.)

(b) Project - Big Horn Canal Adobe Check Structure 2022:
(i) Project sponsor: Big Horn Canal Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of a water control structure and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: two hundred thirty thousand dollars ($230,000.00);
(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 fifty-four thousand one hundred dollars ($154,100.00) or sixty-seven percent (67%) of these actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one hundred fifty-four thousand one hundred dollars ($154,100.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(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 (b): (Laws 2022, Ch. 93, § 1.)

(c) Project - Cottonwood Irrigation District Pipeline Replacement 2022:
(i) Project sponsor: Cottonwood Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: one million six hundred thousand dollars ($1,600,000.00);
(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 million seventy-two thousand dollars ($1,072,000.00) or sixty-seven percent (67%) of these actual development costs, whichever is less;
(vi) 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 five hundred twenty-eight thousand dollars ($528,000.00) or thirty-three percent (33%) of these actual development costs, whichever is less, for a term of forty (40) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission one million six hundred thousand dollars ($1,600,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(viii) Special Conditions: The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act or transfer from another funding source.

Source Notes for subsection (c): (Laws 2022, Ch. 93, § 1.)

(d) Project - Deaver ID Rehabilitation 2022:
(i) Project sponsor: Deaver Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: two million seven hundred twenty-two thousand seven hundred dollars ($2,722,700.00);
(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 eight hundred sixteen thousand eight hundred ten dollars ($816,810.00) or thirty percent (30%) of these actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission eight hundred sixteen thousand eight hundred ten dollars ($816,810.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(vii) Special Conditions: The sponsor is responsible for acquiring seventy percent (70%) of the total project budget from other sources.

Source Notes for subsection (d): (Laws 2022, Ch. 93, § 1.)

(e) Project - Dry Creek Irrigation District Pipeline Replacement 2022:
(i) Project sponsor: Dry Creek Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: one million eight hundred fifty thousand dollars ($1,850,000.00);
(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 million two hundred thirty-nine thousand five hundred dollars ($1,239,500.00) or sixty-seven percent (67%) of these actual development costs, whichever is less;
(vi) 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 ten thousand five hundred dollars ($610,500.00) or thirty-three percent (33%) of these actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission one million eight hundred fifty thousand dollars ($1,850,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2028;
(viii) Repealed by Laws 2023, ch. 180, § 7.

Source Notes for subsection (e): (Laws 2022, Ch. 93, § 1, 2023, Ch. 180, § 2.)

(f) Project - Goshen ID 29.4 Pipeline Project Phase II 2022:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: four hundred eighty-five thousand three hundred forty dollars ($485,340.00);
(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 as approved by the commission an amount not to exceed two hundred ninety thousand dollars ($290,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission two hundred ninety thousand dollars ($290,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(vii) Special conditions:
(A) The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures;
(C) The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act or transfer from another funding source.

Source Notes for subsection (f): (Laws 2022, Ch. 93, § 1.)

(g) Project - Goshen ID Tunnel Rehabilitation 2022:
(i) Project sponsor: Goshen Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Engineering analysis, design and pre-construction of tunnels, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four million seven hundred ninety-five thousand nine hundred twenty dollars ($4,795,920.00). The sponsor's project budget is two million three hundred fifty thousand dollars ($2,350,000.00) or forty-nine percent (49%) of the total project budget, whichever is less;
(v) Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the engineering analysis, design, permit procurement, project land procurement, and pre-construction engineering of the project an amount not to exceed one million five hundred seventy-four thousand five hundred dollars ($1,574,500.00) or sixty-seven percent (67%) of these actual development costs within the sponsor's project budget, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account II through the commission for the engineering analysis, design, permit procurement, project land procurement and pre-construction engineering of the project an amount not to exceed seven hundred seventy-five thousand five hundred dollars ($775,500.00) or thirty-three percent (33%) of these actual development costs within the sponsor's project budget, whichever is less, for a term of twenty (20) years from the date the commission determines that project benefits accrue to the sponsor or the commission determines the project is not likely to proceed to construction, at an annual interest rate of four percent (4%);
(vii) Repealed by Laws 2023, ch. 180, § 7.
(viii) Appropriation: There is appropriated from water development account II to the commission two million three hundred fifty thousand dollars ($2,350,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(ix) Repealed by Laws 2023, ch. 180, § 7.

Source Notes for subsection (g): (Laws 2022, Ch. 93, § 1, 2023, Ch. 180, § 2.)

(h) Project - Highland Hanover ID System Improvements 2022:
(i) Project sponsor: Highland Hanover Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pumps, pumping facilities, improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: four million six hundred eleven thousand dollars ($4,611,000.00);
(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 eighty-nine thousand three hundred seventy dollars ($3,089,370.00) or sixty-seven percent (67%) of these actual development costs, whichever is less;
(vi) 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 five hundred twenty-one thousand six hundred thirty dollars ($1,521,630.00) or thirty-three percent (33%) of these actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission four million six hundred eleven thousand dollars ($4,611,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027.

Source Notes for subsection (h): (Laws 2022, Ch. 93, § 1.)

(j) Project - Lovell Moncur Lateral Phase II 2022:
(i) Project sponsor: Lovell Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pipelines, structures and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: one million four hundred forty-five thousand eight hundred twenty-five dollars ($1,445,825.00);
(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 as approved by the commission an amount not to exceed nine hundred ninety-one thousand dollars ($991,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission nine hundred ninety-one thousand dollars ($991,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended and unobligated funds appropriated under this subsection shall revert to water development account II on July 1, 2027;
(vii) Special conditions:
(A) The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and as approved by the commission;
(B) The sponsor is responsible for retaining professional engineering services to design the project, compile materials and bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures;
(C) The appropriation of funds for this project is contingent upon the transfer of funds to water development account II as described in section 3 of this act or transfer from another funding source.

Source Notes for subsection (j): (Laws 2022, Ch. 93, § 1.)

(k) Project - Owl Creek Irrigation District System Improvements:
(i) Project sponsor: Owl Creek Irrigation District;
(ii) Project purpose: Agricultural water supply;
(iii) Project description: Design and construction of pumping systems, structures, pipelines, improvements and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: seven million dollars ($7,000,000.00);
(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 four million six hundred ninety thousand dollars ($4,690,000.00) or sixty-seven percent (67%) of these actual development costs, whichever is less;
(vi) 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 fifty thousand dollars ($350,000.00) or five percent (5%) of these actual development costs, whichever is less, for a term of thirty (30) years from the date the commission determines that project benefits accrue to the sponsor, at an annual interest rate of four percent (4%);
(vii) Appropriation: There is appropriated from water development account II to the commission five million forty thousand dollars ($5,040,000.00) 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, 2028;
(viii) Special Conditions: The sponsor is responsible for acquiring twenty-eight percent (28%) of the total project budget from other sources.

W.S. 99-3-2704

Amended by Laws 2024, ch. 99,§ 2, eff. 3/20/2024.
Amended by Laws 2023, ch. 180,§ 7, eff. 3/10/2023.
Amended by Laws 2023, ch. 180,§ 2, eff. 3/10/2023.
Added by Laws 2022 , ch. 93, § 1, eff. 3/16/2022.