Wyo. Stat. § 99-3-904

Current through the 2024 legislative session
Section 99-3-904 - 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.

Source notes for subsection (a): (Laws 2004, Ch. 118, § 1.)

(b) Project - Albin Pipelines and Well Rehabilitation:
(i) Project sponsor: Town of Albin;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Rehabilitation of existing wells and construction of a new pipeline from the Station Well to their 100,000 gallon elevated storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred thirty thousand dollars ($430,000.00);
(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 two hundred fifteen thousand dollars ($215,000.00) 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 two hundred fifteen thousand dollars ($215,000.00) 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, 2013; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Source notes for subsection (b): (Laws 2004, Ch. 118, § 1; 2008, Ch. 75, § 2; 2011, Ch. 63, § 2.)

(c) Project - Casper Alcova Rehabilitation Project:
(i) Project sponsor: Casper Alcova Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Repair and replacement of aged open ditch drop structures with new drop structures and headwalls, replacement of open ditches with plastic pipe and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million seven hundred sixty thousand dollars ($1,760,000.00);
(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 eight hundred eighty thousand dollars ($880,000.00) or one hundred percent (100%) of the cost of the materials, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission eight hundred eighty thousand dollars ($880,000.00) 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, 2010;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(viii) Supplemental project budget: Four hundred forty thousand dollars ($440,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed two hundred ninety-four thousand eight hundred dollars ($294,800.00) for the purchase of one hundred percent (100%) of project materials costs as supported by vendor invoices and approved by the commission;
(x) Supplemental appropriation: There is appropriated from water development account II to the commission an additional two hundred ninety-four thousand eight hundred dollars ($294,800.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total one million one hundred seventy-four thousand eight hundred dollars ($1,174,800.00), 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, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring all necessary easements and permits and the remaining thirty-three percent (33%) of the total supplemental project budget from other sources which shall include all labor and equipment costs associated with completing the project;
(B) The supplemental appropriation is based upon a different grant and loan ratio than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures.

Source notes for subsection (c): (Laws 2004, Ch. 118, § 1; 2005, ch. 147, § 12; 2006, ch. 105, § 10.)

(d) Project - Gillette Madison and Pine Ridge Tanks Project:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Design and construction of new, redundant water storage tanks that are needed to facilitate maintenance of the existing storage tanks and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred thousand dollars ($1,100,000.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed five hundred fifty thousand dollars ($550,000.00) 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 five hundred fifty thousand dollars ($550,000.00) 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, 2008; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Source notes for subsection (d): (Laws 2004, Ch. 118, § 1.)

(e) Project - Glenrock Sunup Ridge Tank Rehabilitation Project:
(i) Project sponsor: Town of Glenrock;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Rehabilitation of the town's Sunup Ridge tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two hundred sixty-five thousand five hundred dollars ($265,500.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed one hundred thirty-two thousand seven hundred fifty dollars ($132,750.00) 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-two thousand seven hundred fifty dollars ($132,750.00) 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, 2008; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Source notes for subsection (e): (Laws 2004, Ch. 118, § 1.)

(f) Project - Guernsey Tanks and Pipelines Project:
(i) Project sponsor: Town of Guernsey;
(ii) Project purpose: Municipal water supply;
(iii) Project description: The project will rehabilitate the town's water storage facilities, provide for an emergency connection to the Wyoming Army National Guard Camp, replace undersized and aged transmission mains and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred thirty thousand dollars ($1,230,000.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed six hundred fifteen thousand dollars ($615,000.00) 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 six hundred fifteen thousand dollars ($615,000.00) 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, 2008; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources.

Source notes for subsection (f): (Laws 2004, Ch. 118, § 1.)

(g) Project - Heart Mountain Pipe Conversion Project:
(i) Project sponsor: Heart Mountain Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: The project will replace open ditch laterals with piped laterals and includes the replacement of ditch turnouts, head gates and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million two hundred four thousand two hundred twenty dollars ($1,204,220.00);
(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 six hundred two thousand one hundred ten dollars ($602,110.00) or one hundred percent (100%) of the cost of the materials, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission six hundred two thousand one hundred ten dollars ($602,110.00) 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, 2010;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(viii) Supplemental project budget: One hundred sixty-nine thousand dollars ($169,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed one hundred thirteen thousand two hundred thirty dollars ($113,230.00) for the purchase of one hundred percent (100%) of project material costs as supported by vendor invoices and approved by the commission or sixty-seven percent (67%) of the total supplemental project costs, whichever is less;
(x) Supplemental appropriation: There is appropriated from water development account II to the commission an additional one hundred thirteen thousand two hundred thirty dollars ($113,230.00), which when combined with the original appropriation as described in paragraphs (iv) through (vi) of this subsection, total seven hundred fifteen thousand three hundred forty dollars ($715,340.00), 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, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring all necessary easements and permits and the remaining thirty-three percent (33%) of the total supplemental project budget from other sources which shall include all labor and equipment costs associated with completing the project;
(B) The supplemental appropriation is based upon a different grant percentage than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures.

Source notes for subsection (g): (Laws 2004, Ch. 118, § 1; 2006, ch. 105, § 11.)

(h) Project - Hidden Valley Pipelines Project:
(i) Project sponsor: Midvale Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: The project entails replacing open ditches with piped laterals and miscellaneous appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three million four hundred twenty-six thousand three hundred four dollars ($3,426,304.00);
(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 one million four hundred seventy-four thousand one hundred three dollars ($1,474,103.00) or one hundred percent (100%) of the cost of the materials, whichever is less;
(vi) Appropriation: There is appropriated from water development account II to the commission one million four hundred seventy-four thousand one hundred three dollars ($1,474,103.00) 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, 2010;
(vii) Special condition: The sponsor is responsible for acquiring the balance of the total project budget from other sources;
(viii) Supplemental project budget: Two million two hundred thirty-two thousand dollars ($2,232,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed one million four hundred ninety-five thousand four hundred forty dollars ($1,495,440.00) for the purchase of one hundred percent (100%) of project material costs as supported by vendor invoices and approved by the commission or sixty-seven percent (67%) of the total supplemental project costs, whichever is less;
(x) Supplemental appropriation: There is appropriated from water development account II to the commission an additional one million four hundred ninety-five thousand four hundred forty dollars ($1,495,440.00), which when combined with funds appropriated as described in paragraphs (iv) through (vi) of this subsection, total two million nine hundred sixty-nine thousand five hundred forty-three dollars ($2,969,543.00), 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, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring all necessary easements and permits and the remaining thirty-three percent (33%) of the total supplemental project budget from other sources which shall include all labor and equipment costs associated with completing the project;
(B) The supplemental appropriation is based upon a different grant percentage than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures.

Source notes for subsection (h): (Laws 2004, Ch. 118, § 1; 2006, ch. 105, § 12.)

(j) Project - Lake Hattie Dam Rehabilitation Project:
(i) Project sponsor: Pioneer Canal-Lake Hattie Irrigation District;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: Replacing the existing head gates with a new structure designed to address sediment buildup at the head gates and appurtenances for the project to function in the manner intended;
(iv) Total project budget: One hundred sixty-three thousand dollars ($163,000.00);
(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 eighty-one thousand five hundred dollars ($81,500.00) 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 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 eighty-one thousand five hundred dollars ($81,500.00) 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 one hundred sixty-three thousand dollars ($163,000.00) 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, 2010.

Source notes for subsection (j): (Laws 2004, Ch. 118, § 1.)

(k) Project - Saratoga Standpipe Rehabilitation Project:
(i) Project sponsor: The Town of Saratoga and the Carbon County Impact Joint Powers Board;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Rehabilitation of the existing water storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Four hundred thousand dollars ($400,000.00);
(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, construction engineering, project land procurement 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;
(vi) 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, 2008; and
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the balance of the total project budget from other sources.

Source notes for subsection (k): (Laws 2004, Ch. 118, § 1.)

(m) Project - Turnerville Water Supply Project:
(i) Project sponsor: Turnerville Water and Sewer District;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Replacing undersized and aged transmission pipelines, spring rehabilitation, construction of a water storage tank and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One million one hundred seventy-five thousand five hundred dollars ($1,175,500.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed five hundred eighty-seven thousand seven hundred fifty dollars ($587,750.00) 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 five hundred eighty-seven thousand seven hundred fifty dollars ($587,750.00) 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, 2010;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the balance of the total project budget from other sources;
(viii) Supplemental project budget: Two hundred thirty-three thousand two hundred dollars ($233,200.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission an amount not to exceed one hundred fifty-six thousand two hundred forty-four dollars ($156,244.00) or sixty-seven percent (67%) of the additional funds needed to complete the project, whichever is less. Supplemental grant funds may be used for design, construction engineering and construction of the project;
(x) Supplemental appropriation: There is appropriated from water development account II to the commission an additional one hundred fifty-six thousand two hundred forty-four dollars ($156,244.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total seven hundred forty-three thousand nine hundred ninety-four dollars ($743,994.00), 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, 2010; and
(xi) Special supplemental conditions:
(A) The sponsor is responsible for acquiring the remaining thirty-three percent (33%) of the total supplemental project budget from other sources;
(B) The supplemental appropriation is based upon a different grant percentage than the original appropriation. The original funding described in paragraphs (iv) through (vi) of this subsection shall be expended prior to incurring supplemental funding expenditures.

Source notes for subsection (m): (Laws 2004, Ch. 118, § 1; 2006, ch. 105, § 14.)

(n) Project - Wind River Irrigation Project:
(i) Project sponsor: The Joint Business Council for the Eastern Shoshone and Northern Arapaho Tribes or the Eastern Shoshone Business Council or the Northern Arapaho Business Council;
(ii) Project purpose: Agriculture water supply;
(iii) Project description: The rehabilitation of the irrigation delivery system 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 three million five hundred thousand dollars ($3,500,000.00) 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 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, 2015; and
(vii) Special conditions:
(A) The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(B) In the event of a dispute between the contract parties, unexpended funds shall be withheld until the dispute is resolved.

W.S. 99-3-904

Amended by Laws 2011 , ch. 63, § 2, eff. 2/22/2011.