Section 99-2-503 - 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 1995, ch. 206, § 3a.)
(b) Project - Alpine Water Supply Project:(i) Project sponsor: Town of Alpine;(ii) Project purpose: Municipal and domestic supply;(iii) Project description: Storage facilities, pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Seven hundred thousand dollars ($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 two hundred thirty-one thousand dollars ($231,000.00) 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 four hundred sixty-nine thousand dollars ($469,000.00) 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 seven hundred thousand dollars ($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. Source notes for subsection (b): (Laws 1995, ch. 206, § 3b.)
(c) Project - Basin Area Water Supply Project:(i) Project sponsor: South Bighorn County Joint Powers Board;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Wells, pipelines, valves and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Nine million two hundred ninety-nine thousand dollars ($9,299,000.00);(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 million two hundred thirty thousand dollars ($6,230,000.00) 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 six million two hundred thirty thousand dollars ($6,230,000.00) 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;(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 purchase the well completed during the Level II study for a price of one hundred twelve thousand two hundred dollars ($112,200.00) or thirty-three percent (33%) of the actual construction costs, whichever is less. The sponsor may purchase the well with a lump sum payment or with amortized payments based on the actual construction costs for a term of fifteen (15) 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, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (c): (Laws 1995, ch. 206, § 3c; 1996, ch. 59, § 13; 1998, ch. 38, § 7.)
(d) Project - Big Piney Water Supply Project: (i) Project sponsor: Town of Big Piney;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Transmission pipelines, wells, controls, storage facility to serve the towns of Big Piney and Marbleton, and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One million dollars ($1,000,000.00);(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 thirty thousand dollars ($330,000.00) 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 seventy thousand dollars ($670,000.00) 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 dollars ($1,000,000.00) 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, 2000. Source notes for subsection (d): (Laws 1995, ch. 206, § 3d; 1996, ch. 59, § 14.)
(e) Project - Gillette Madison Well Field Expansion Project:(i) Project sponsor: City of Gillette;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Wells, pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Two million four hundred seventy-five thousand dollars ($2,475,000.00);(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 six hundred fifty-eight thousand two hundred fifty dollars ($1,658,250.00) 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 six hundred fifty-eight thousand two hundred fifty dollars ($1,658,250.00) 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, 1999;(vii) Special conditions: (A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources;(B) Prior to entering into the contract authorized by section 2(a) of this act, the commission shall hold at least one (1) public hearing within the town of Moorcroft, Wyoming, for the purpose of explaining the proposed project including the proposal to expand the Madison well field. Source notes for subsection (e): (Laws 1995, ch. 206, § 3e; 1996, ch. 59, § 15.)
(f) Project - Laramie Water Supply Project: (i) Project sponsor: City of Laramie;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Wells, pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Four million four hundred thousand dollars ($4,400,000.00);(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 million four hundred fifty-two thousand dollars ($1,452,000.00) 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 two million nine hundred forty-eight thousand dollars ($2,948,000.00) 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 million four hundred thousand dollars ($4,400,000.00) 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, 1999. Source notes for subsection (f): (Laws 1995, ch. 206, § 3f; 1996, ch. 59, § 16.)
(g) Project - Natrona County Regional Water Supply Project:(i) Project sponsor: Natrona County Regional Water System Joint Powers Board;(ii) Project purpose: Municipal and domestic water supply;(iii) Project description: Storage facilities, pump stations, pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Twenty-six million seven hundred fifty thousand dollars ($26,750,000.00);(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 eight million eight hundred twenty-seven thousand five hundred dollars ($8,827,500.00) 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 seventeen million nine hundred twenty-two thousand five hundred dollars ($17,922,500.00) 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 twenty-six million seven hundred fifty thousand dollars ($26,750,000.00) 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. Source notes for subsection (g): (Laws 1995, ch. 206, § 3g; 1996, ch. 59, § 17; 1998, ch. 38, § 8.)
(h) Project - Poison Spider Water Supply Project:(i) Project sponsor: Poison Spider Service and Improvement District;(ii) Project purpose: Domestic water supply;(iii) Project description: Pipeline and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Six hundred forty thousand dollars ($640,000.00);(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 two hundred eleven thousand two hundred dollars ($211,200.00) or thirty-three percent (33%) of the actual development costs, whichever is less, for a term of forty (40) 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 twenty-eight thousand eight hundred dollars ($428,800.00) 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 forty thousand dollars ($640,000.00) 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. Source notes for subsection (h): (Laws 1995, ch. 206, § 3h.)
(j) Project - Ryan Park Water Supply Project:(i) Project sponsor: Northwest Ryan Park Water and Sewer District;(ii) Project purpose: Domestic water supply;(iii) Project description: Wells, pump stations, transmission pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: One million dollars ($1,000,000.00). Phase I budget: Two hundred thousand dollars ($200,000.00);(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 hundred thirty-four thousand dollars ($134,000.00) 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 one hundred thirty-four thousand dollars ($134,000.00) 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;(vii) Special conditions: (A) The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget and Phase I budget from other sources;(B) The sponsor shall purchase the well completed during the Level II study for a price of fifty-two thousand three hundred forty dollars ($52,340.00) or thirty-three percent (33%) of the actual construction costs, whichever is less. The sponsor may purchase the well with a lump sum payment or with amortized payments based on the actual construction costs for a term of fifteen (15) 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, the purchase agreement must be completed prior to commencement of the project. Source notes for subsection (j): (Laws 1995, ch. 206, § 3j.)
(k) Project-Squaw Creek Water Supply Project: (i) Project sponsor: Squaw Creek Water District;(ii) Project purpose: Domestic water supply;(iii) Project description: Wells, storage facilities, transmission pipelines and appurtenances necessary to make the project function in the manner intended;(iv) Total project budget: Five hundred eighty thousand dollars ($580,000.00);(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 ninety-one thousand four hundred dollars ($191,400.00) 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 three hundred eighty-eight thousand six hundred dollars ($388,600.00) 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 eighty thousand dollars ($580,000.00) 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.Laws 1995, ch. 206, § 3k.