Wyo. Stat. § 99-3-1003

Current through the 2024 legislative session
Section 99-3-1003 - 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.

Source notes for subsection (a): (Laws 2005, Ch. 147, § 1.)

(b) Project - Albin 2005 Well:
(i) Project sponsor: Town of Albin;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Design and construction of transmission pipelines, control building and valves to connect a new groundwater supply to the town's system and include appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Three hundred forty-two thousand dollars ($342,000.00);
(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 seventy-one thousand dollars ($171,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one hundred seventy-one thousand dollars ($171,000.00) 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, 2010;
(vii) Special conditions:
(A) The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(B) The sponsor shall purchase the well completed during the Level II study for a price not to exceed twenty-one thousand nine hundred sixty-eight dollars and seventy-five cents ($21,968.75) or fifty percent (50%) of the actual construction costs, whichever is less. The sponsor may purchase the well with a lump sum payment or with amortized payments for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor at an interest rate of four percent (4%);
(C) The sponsor shall purchase the Albin 04-01 well completed during the Level II study for a price not to exceed two thousand five hundred fourteen dollars and sixty cents ($2,514.60) 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 for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor at an interest rate of four percent (4%).
(viii) Supplemental project budget: Eighty-four thousand dollars ($84,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission an amount not to exceed fifty-six thousand two hundred eighty dollars ($56,280.00) 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 I to the commission an additional fifty-six thousand two hundred eighty dollars ($56,280.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total two hundred twenty-seven thousand two hundred eighty dollars ($227,280.00), 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; 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 (b): (Laws 2005, Ch. 147, § 1; 2006, ch. 105, § 15; 2007, Ch. 121, § 2.)

(c) Project - Alta Water Supply:
(i) Project sponsor: Targhee Towne Water District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Design and construction of transmission pipelines, control building and valves to connect the well that was recently drilled and developed during the Level II study to the district's water system and to include appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Seven hundred thirty-two thousand dollars ($732,000.00);
(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 three hundred sixty-six thousand dollars ($366,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission three hundred sixty-six thousand dollars ($366,000.00) 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, 2009; and
(vii) Special conditions:
(A) The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(B) The sponsor shall purchase the well completed during the Level II study for a price not to exceed fifty percent (50%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments for a term of twenty (20) years from the date the commission determines project benefits accrue to the sponsor at an interest rate of six percent (6%);
(C) Funds for construction of the project shall not be released until the Level II well has been successfully drilled and developed.

Source notes for subsection (c): (Laws 2005, Ch. 147, § 1.)

(d) Project - Baggs Raw Water and Dedicated Transmission Line:
(i) Project sponsor: Town of Baggs;
(ii) Project purpose: Municipal, rural domestic water supply;
(iii) Project description: Construction of a raw water irrigation system to irrigate parks and greenways and construction of a treated water transmission line dedicated for the delivery of water to the town's potable water storage tank and inclusion of appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Six hundred sixty-three thousand dollars ($663,000.00);
(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 three hundred thirty-one thousand five hundred dollars ($331,500.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission for the design, permit procurement, construction engineering, project land procurement and construction of the project an amount not to exceed three hundred thirty-one thousand five hundred dollars ($331,500.00) 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%); and
(vii) Appropriation: There is appropriated from water development account I to the commission six hundred sixty-three thousand dollars ($663,000.00) 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, 2009.

Source notes for subsection (d): (Laws 2005, Ch. 147, § 1.)

(e) Project - Bridger Valley Joint Powers Board Big Hill Transmission Line:
(i) Project sponsor: Bridger Valley Joint Powers Board;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Construction of transmission pipelines to connect the Big Hill area south of Mountain View to the district's water system and inclusion of appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: One hundred thirty-five thousand two hundred dollars ($135,200.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed sixty-seven thousand six hundred dollars ($67,600.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission sixty-seven thousand six hundred dollars ($67,600.00) 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, 2009; 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 2005, Ch. 147, § 1.)

(f) Project - Canyon Water Supply:
(i) Project sponsor: Canyon Improvement and Service District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Construction of transmission pipelines to connect a new groundwater supply to the district's water system and appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million one hundred seventy-five thousand five hundred twenty-three dollars ($2,175,523.00);
(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, construction engineering, project land procurement, and construction of the project an amount not to exceed one million four hundred fifty-seven thousand six hundred dollars ($1,457,600.00) 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 four hundred fifty-seven thousand six hundred dollars ($1,457,600.00) 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; and
(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 not to exceed thirty-three percent (33%) of the actual construction costs. The sponsor may purchase the well with a lump sum payment or with amortized payments for a term of thirty (30) years from the date the commission determines project benefits accrue to the sponsor at an interest rate of four percent (4%);
(C) Funds for construction of the project shall not be released until the Level II well has been successfully drilled and developed.

Source notes for subsection (f): (Laws 2005, Ch. 147, § 1; 2006, ch. 105, § 16; 2007, Ch. 121, § 2.)

(g) Project - Casper Zone II, Phase II:
(i) Project sponsor: City of Casper;
(ii) Project purpose: Municipal water supply;
(iii) Project description: Construction of transmission pipelines and storage facilities in the city's East Zone II Area and inclusion of appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Two million six hundred thousand dollars ($2,600,000.00);
(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, construction engineering, project land procurement and construction of the project an amount not to exceed one million three hundred thousand dollars ($1,300,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) Appropriation: There is appropriated from water development account I to the commission one million three hundred thousand dollars ($1,300,000.00) 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, 2009; 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 (g): (Laws 2005, Ch. 147, § 1.)

(h) Project - Gillette Fort Union Well Field, Phase I:
(i) Project sponsor: City of Gillette;
(ii) Project purpose: Municipal water supply;
(iii) Project description: The sponsor is seeking funding for the first phase of a three phase thirty-eight million six hundred thousand dollar ($38,600,000.00) construction program that includes additional well field exploration, permitting, easement acquisition and a new groundwater supply source located south of Gillette;
(iv) Total Phase I project budget: Two million dollars ($2,000,000.00);
(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, construction engineering, and project land procurement of the project an amount not to exceed one million dollars ($1,000,000.00) or fifty percent (50%) of the actual development costs, whichever is less;
(vi) 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, 2008;
(vii) Special condition: The sponsor is responsible for acquiring fifty percent (50%) of the total project budget from other sources;
(viii) Supplemental project budget: Seven million six hundred fifty thousand dollars ($7,650,000.00);
(ix) Supplemental project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission an amount not to exceed five million one hundred twenty-five thousand five hundred dollars ($5,125,500.00) 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 project loan: The state of Wyoming shall loan to the sponsor from water development account I through the commission an amount not to exceed two million five hundred twenty-four thousand five hundred dollars ($2,524,500.00) or thirty-three percent (33%) of the additional funds needed to complete the project, 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%). Supplemental loan funds may be used for design, permit procurement, project land procurement, construction engineering and construction of the project;
(xi) Supplemental appropriation: There is appropriated from water development account I to the commission an additional seven million six hundred fifty thousand dollars ($7,650,000.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total eight million six hundred fifty thousand dollars ($8,650,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. Unexpended supplemental funds appropriated under this subsection shall revert to water development account I on March 1, 2007; and
(xii) Special supplemental condition: The supplemental appropriation is based upon a different grant and loan ratio 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 (c): (Laws 2005, Ch. 147, § 1; 2006, ch. 105, § 17; 2007, Ch. 121, § 2; 2008, Ch. 75, § 2.)

(j) Project - North Wright Transmission Line:
(i) Project sponsor: Wright Water and Sewer District;
(ii) Project purpose: Rural domestic water supply;
(iii) Project description: Construction of a transmission pipeline along the north side of the district's service area to improve fire flow capacities and to improve water quality by looping pipelines within the district's northern area and inclusion of appurtenances necessary to make the project function in the manner intended;
(iv) Total project budget: Five hundred thirty-eight thousand dollars ($538,000.00);
(v) Project grant:
(A) The state of Wyoming shall grant to the sponsor from water development account I through the commission for project materials as supported by vendor invoices and approved by the commission an amount not to exceed two hundred sixty-nine thousand dollars ($269,000.00) or one hundred percent (100%) of the actual materials costs, whichever is less;
(B) The state of Wyoming shall additionally grant to the sponsor from water development account I through the commission to meet material cost overruns as supported by vendor invoices and approved by the commission an amount not to exceed one hundred sixty-five thousand dollars ($165,000.00) or one hundred percent (100%) of the actual materials costs, whichever is less;
(C) Combining the grant amounts of subparagraphs (A) and (B) of this paragraph shall result in a maximum grant amount of four hundred thirty-four thousand dollars ($434,000.00) which may be expended to meet material cost overruns as supported by vendor invoices and approved by the commission, which constitutes fifty-five and four tenths percent (55.4%) of the estimated development costs.
(vi) Appropriation: There is appropriated from water development account I to the commission four hundred thirty-four thousand dollars ($434,000.00) 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, 2012; and
(vii) Special conditions:
(A) The sponsor is responsible for acquiring the balance of the total project budget from other sources;
(B) The sponsor is responsible for providing in-kind services necessary to construct the project and for procuring engineering design and construction engineering services.

W.S. 99-3-1003