Section 99-2-403 - Level III construction projects - new development(a) Except as otherwise specifically provided, each Level III new development 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 appropriation;(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 I;(xi) There shall be no lease, sale, assignment or transfer of ownership of water from the project for purposes other than the designated project purpose without prior written approval of the commission and the state engineer or board of control. If such a transaction is approved, the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project shall be utilized to retire principal on the project loan. After that loan is paid in full, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of water from the project equal to the percentage of the project grant;(xii) There shall be no lease, sale, assignment or transfer of ownership of any project until the project loan is paid in full, and until prior written approval is obtained from the commission. If these conditions are met, the sponsor shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project loan and the state of Wyoming shall receive a proportionate share of the revenues generated by the lease, sale, assignment or transfer of ownership of the project equal to the percentage of the project grant. Before the sponsor may lease, sell, assign or transfer ownership of the project, the state of Wyoming shall be given a one (1) year first right of refusal option to purchase the sponsor's interest in the project for an amount equal to the principal, interest, maintenance and replacement costs incurred by the sponsor at the date the option is exercised;(xiii) After the project loan is paid in full, the sponsor may purchase the position of the state of Wyoming, as described in paragraphs (xi) and (xii) of this subsection, for the amount of the project grant plus the interest that would have accrued on the grant amount in the water development account from the date the project was substantially completed as defined by the commission. The interest that would have accrued on the grant amount shall be established by the state auditor;(xiv) Any revenues generated by the state from the lease, sale, assignment or transfer of ownership of any project or project water shall be deposited in water development account I. Source notes for subsection (a): (Laws 1994, ch. 28, § 3a.)
(b) [Project - Casper Irrigation Project] Source notes for subsection (b): (Laws 1994, ch. 28, § 3b; Repealed by Laws 1995, ch. 206, § 11.)
(c) Project - Cokeville Water Supply Project: (i) Project sponsor: Town of Cokeville;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Wells, pump stations, transmission pipeline, storage facility 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 loan: The state of Wyoming shall loan 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 hundred thirty-three thousand two hundred dollars ($133,200.00) or eighteen percent (18%) 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 rate of four percent (4%);(vi) 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;(vii) Appropriation: There is appropriated from water development account I to the commission six hundred twenty-nine thousand dollars ($629,000.00) 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, 1997;(viii) Special conditions: The sponsor is responsible for acquiring fifteen percent (15%) of the total project budget from other sources. Source notes for subsection (c): (Laws 1994, ch. 28, § 3c.)
(d) Project - Collins Heights Water Supply Project:(i) Project sponsor: Collins Heights Industrial Park Improvement and Service District;(ii) Project purpose: Domestic water supply;(iii) Project description: Transmission pipeline and appurtenances necessary to make the project 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 I through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed sixty-six thousand dollars ($66,000.00) or thirty-three percent (33%) 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 rate of four percent (4%);(vi) 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 hundred thirty-four thousand dollars ($134,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I 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 I on July 1, 1996. Source notes for subsection (d): (Laws 1994, ch. 28, § 3d.)
(e) Project - Cook Road Water Supply Project:(i) Project sponsor: Cook Road Water District;(ii) Project purpose: Domestic water supply;(iii) Project description: Pump station, transmission pipeline, storage facility and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One million seven hundred thousand dollars ($1,700,000.00);(v) Project loan: The state of Wyoming shall loan 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 sixty-one thousand dollars ($561,000.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of thirty-eight (38) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%);(vi) 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 one hundred thirty-nine thousand dollars ($1,139,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one million seven hundred thousand dollars ($1,700,000.00) 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, 1998;(viii) Special conditions:(A) Thirty-three thousand eight hundred seventy dollars ($33,870.00), which is thirty-three percent (33%) of the construction costs of the groundwater well completed during the Level II study, shall be added to the loan amount provided in paragraph (v) of this subsection;(B) Payment of interest and principal and accrual of interest on the loan shall be deferred until three (3) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining thirty-five (35) years of the term. Source notes for subsection (e): (Laws 1994, ch. 28, § 3e; 1995, ch. 206, § 10.)
(f) Project - Etna Water Supply Project: (i) Project sponsor: Etna Water and Sewer District;(ii) Project purpose: Domestic water supply;(iii) Project description: Pump station, spring renovation, transmission pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One million one hundred fourteen thousand dollars ($1,114,000.00);(v) Repealed By Laws 1998, ch. 38, § 6.(vi) 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 ninety thousand dollars ($690,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission six hundred ninety thousand dollars ($690,000.00) 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, 2002;(viii) Special conditions:(A) The sponsor shall purchase the well completed during the Level II study for a price of sixteen thousand five hundred dollars ($16,500.00) constituting thirty-three percent (33%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments based on thirty-three percent (33%) of the actual construction costs 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%). In either event, a purchase agreement must be completed prior to commencement of the project.(B) The sponsor is responsible for acquiring thirty-three percent (33%) or the balance of the total project budget, whichever is greater, from other sources. Source notes for subsection (f): (Laws 1994, ch. 28, § 3f; 1997, ch. 45, § 10; 1998, ch. 38, § 6.)
(g) Project - Greybull Valley Dam and Reservoir Project:(i) Project sponsor: Greybull Valley Irrigation District;(ii) Project purpose: Irrigation water supply;(iii) Project description: Diversion structure, supply canal, dam and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Thirty-two million fiftyseven thousand four hundred fifty-eight dollars ($32,057,458.00);(v) Project loan: The state of Wyoming shall loan 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 eight million fourteen thousand three hundred sixty-four dollars and fifty cents ($8,014,364.50) or twenty-five percent (25%) of the actual design, permitting, and land procurement costs, whichever is less, for a term of fifty (50) years from the date the commission determines project benefits accrue to the sponsor or that the project will not be constructed, at an annual rate of four percent (4%);(vi) 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 twenty-four million forty-three thousand ninety-three dollars and fifty cents ($24,043,093.50) or seventy-five percent (75%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission thirty-two million fifty-seven thousand four hundred fifty-eight dollars ($32,057,458.00) 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, 2010;(viii) Special condition: Payment of interest and principal and accrual of interest on the loan shall be deferred until six (6) years after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining forty-four (44) years. Source notes for subsection (g): (Laws 1994, ch. 28, § 3g; 1996, ch. 59, § 12; 2002, Ch. 88, § 2; 2005, ch. 147, § 2.)
(h) Project - Jackson Water Supply Project:(i) Project sponsor: Town of Jackson;(ii) Project purpose: Municipal water supply;(iii) Project description: Wells, pump stations, transmission pipeline and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Two million three hundred thousand dollars ($2,300,000.00);(v) Project loan: The state of Wyoming shall loan 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 fifty-nine thousand dollars ($759,000.00) or thirty-three percent (33%) 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 rate of four percent (4%);(vi) 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 forty-one thousand dollars ($1,541,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission two million three hundred thousand dollars ($2,300,000.00) 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, 1997. Source notes for subsection (h): (Laws 1994, ch. 28, § 3h.)
(j) Project - McKenney Water Supply Project:(i) Project sponsor: McKenney Improvement and Service District;(ii) Project purpose: Domestic water supply;(iii) Project description: Transmission pipeline and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One hundred forty thousand dollars ($140,000.00);(v) Project loan: The state of Wyoming shall loan 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 forty-six thousand two hundred dollars ($46,200.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty-one (21) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%);(vi) 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 ninety-three thousand eight hundred dollars ($93,800.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one hundred forty thousand dollars ($140,000.00) 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, 1996;(viii) Payment of interest and principal and accrual of interest on the loan shall be deferred until one (1) year after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining twenty (20) years of the term. Source notes for subsection (j): (Laws 1994, ch. 28, § 3j.)
(k) Project - Means Water Supply Project:(i) Project sponsor: Means Water and Sewer District;(ii) Project purpose: Domestic water supply;(iii) Project description: Pump station, transmission pipeline, and storage facility and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Two hundred twenty-five thousand dollars ($225,000.00);(v) Project loan: The state of Wyoming shall loan 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 seventy-four thousand two hundred fifty dollars ($74,250.00) or thirty-three percent (33%) 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 rate of four percent (4%);(vi) 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 hundred fifty thousand seven hundred fifty dollars ($150,750.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission two hundred twenty-five thousand dollars ($225,000.00) 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, 1997. Source notes for subsection (k): (Laws 1994, ch. 28, § 3k.)
(m) Project - Moorcroft Water Supply Project:(i) Project sponsor: Town of Moorcroft;(ii) Project purpose: Municipal water supply;(iii) Project description: Pump station, transmission pipelines, storage facility and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Nine hundred thirty thousand dollars ($930,000.00);(v) Project loan: The state of Wyoming shall loan 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 six thousand nine hundred dollars ($306,900.00) or thirty-three percent (33%) 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 four percent (4%);(vi) 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 twenty-three thousand one hundred dollars ($623,100.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission nine hundred thirty thousand dollars ($930,000.00) 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, 1997;(viii) Special conditions: Twenty-four thousand seven hundred fifty dollars ($24,750.00), which is thirty-three percent (33%) of the construction costs of the groundwater well completed during the Level II study, shall be added to the loan amount provided in paragraph (v) of this subsection. Source notes for subsection (m): (Laws 1994, ch. 28, § 3m.)
(n) Project - Pavillion Water Supply Project:(i) Project sponsor: Town of Pavillion;(ii) Project purpose: Municipal water supply;(iii) Project description: Well, pump station, transmission pipelines, storage facility 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 loan: The state of Wyoming shall loan 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 hundred thirty-two thousand dollars ($132,000.00) or thirty-three percent (33%) 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 rate of four percent (4%);(vi) 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 sixty-eight thousand dollars ($268,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I 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 I on July 1, 1997. Source notes for subsection (n): (Laws 1994, ch. 28, § 3n.)
(o) Project - Vista West Water Supply Project:(i) Project sponsor: Vista West Improvement and Service District;(ii) Project purpose: Domestic water supply;(iii) Project description: Well, pump stations, transmission pipeline, storage facility improvements and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Five hundred forty thousand dollars ($540,000.00);(v) Project loan: The state of Wyoming shall loan 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 hundred seventy-eight thousand two hundred dollars ($178,200.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of thirty-one (31) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%);(vi) 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-one thousand eight hundred dollars ($361,800.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission five hundred forty thousand dollars ($540,000.00) 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, 1997;(viii) Special conditions: (A) Eight thousand five hundred eighty dollars ($8,580.00), which is thirty-three percent (33%) of the construction costs of the groundwater well completed during the Level II study, shall be added to the loan amount provided in paragraph (v) of this subsection;(B) Payment of interest and principal and accrual of interest on the loan shall be deferred until one (1) year after the term of the loan commences as determined by the commission. The loan shall be amortized over the remaining thirty (30) years of the term. Source notes for subsection (o): (Laws 1994, ch. 28, § 3o.)
(p) Project - Pine Butte Water Supply Project:(i) Project sponsor: Pine Butte Improvement and Service District;(ii) Project purpose: Domestic water supply;(iii) Project description: Pump station and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One hundred thousand dollars ($100,000.00);(v) Project loan: The state of Wyoming shall loan 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 thirty-three thousand dollars ($33,000.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor, at an annual rate of four percent (4%);(vi) 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 sixty-seven thousand dollars ($67,000.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;(vii) Appropriation: There is appropriated from water development account I to the commission one hundred thousand dollars ($100,000.00) 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, 1997;(viii) Special conditions: Project financing plan shall be approved by district election prior to July 1, 1995. Unexpended funds appropriated under this section shall revert to water development account I on July 1, 1995, if voters in the district reject the project financing plan. Source notes for subsection (p):