Omnibus water bill-planning.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0141

ENROLLED ACT NO. 42, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to water development projects; authorizing specified Level I and Level II studies and providing appropriations; requiring reports; providing for reversion of unexpended funds; authorizing unobligated funds to be used to complete other designated project studies under certain conditions; authorizing positions and providing an appropriation; authorizing the expenditure of funds for certain mitigation activities as specified; providing for groundwater studies expenditures; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
2004 Wyoming Session Laws, Chapter 34, Sections 2 through 5 and by creating new sections 7 through 9 and by renumbering section 7 as 10 are amended to read:

[AUTHORIZED LEVEL I AND LEVEL II STUDIES]

Section 2.

LEVEL I RECONNAISSANCE STUDIES – NEW DEVELOPMENT.
The following sums of money are appropriated from water development account I to the commission to be expended to conduct the following reconnaissance studies as defined in W.S. 41
‑
2
‑
114. Funds appropriated under this section for a particular project which are in excess of the actual amount necessary to complete the study may, subject to the review of the select water committee, be expended by the commission to complete the reconnaissance study for any other project listed in this section. Appropriated funds not expended prior to July 1, 2006, shall revert to water development account I. The commission shall submit a report to the legislature on each of the following studies prior to the 2006 legislative session.

[LEVEL I RECONNAISSANCE STUDIES - NEW DEVELOPMENT]

PROJECT

LOCATION

APPROPRIATION

Casper Master Plan Update

Natrona County

200,000
Crook County Reservoirs & Water

Crook County

$150,000
Management Study
Framework Water Plan

Statewide

500,000
Gooseberry I.D. Storage 1.

Washakie County

75,000
Green River, Rock Springs,

Sweetwater County

250,000
Sweetwater County Joint Powers
Board Master Plan
Heart Mountain I.D. Return Flow

Park County

75,000
Study
Hoback Junction Water Supply

Teton County

75,000
Interactive Database

Northeast Wyoming

575,000
Kirby Area Water Supply Study
1.

Washakie County

150,000
Kirby Municipal Master Plan

Washakie County

75,000
Lysite Water Supply

Fremont County

75,000
Statewide Water Research

Statewide

200,000

400,000
Sweetwater River Watershed Plan 2.

Fremont County

300,000
Water Value Analysis

Green River Basin

150,000
Westside Irrigation NEPA

Washakie County

250,000

1,450,000

Total appropriation for Section 2

$750,000

$4,500,000

1.

The project shall be funded from water development account III only if the legislation to create the account is enacted by the Fifty-Eighth Legislature during the 2005 General Session. If water development account III is not created, then the project shall be funded from water development account I.

2.

The Sweetwater River Watershed Plan shall be funded only if the Wyoming water development commission and the project sponsor agree to a scope of services before commencing a Level I study.

Section 3.

LEVEL I RECONNAISSANCE STUDIES - REHABILITATION.
The following sums of money are appropriated from water development account II to the commission to be expended to conduct the following reconnaissance studies as defined in W.S. 41
‑
2
‑
114. Funds appropriated under this section for a particular project which are in excess of the actual amount necessary to complete the study may, subject to the review of the select water committee, be expended by the commission to complete the reconnaissance study for any other project listed in this section. Appropriated funds not expended prior to July 1, 2006, shall revert to water development account II. The commission shall submit a report to the legislature on each of the following studies prior to the 2006 legislative session.

[LEVEL I RECONNAISSANCE STUDIES -
REHABILITATION]

PROJECT

LOCATION

APPROPRIATION

Crowheart/Dinwoody Delivery

Fremont County

150,000
Urban/Rural Sprawl Research

Statewide

150,000
Project
Willwood I.D. Master Plan

Park County

50,000
Total appropriation for Section 3

$150,000

$350,000

Section 4.

LEVEL II FEASIBILITY STUDIES – NEW DEVELOPMENT.
The following sums of money are appropriated from water development account I to the commission to be expended to conduct the following feasibility studies as defined in W.S. 41
‑
2
‑
114. Funds appropriated under this section for a particular project which are in excess of the actual amount necessary to complete the study may, subject to the review of the select water committee, be expended by the commission to complete the feasibility study for any other project listed in this section. Appropriated funds not expended prior to July 1, 2006, shall revert to water development account I. The commission shall submit a report to the legislature on each of the following studies prior to the 2006 legislative session.

[LEVEL II FEASIBILITY STUDIES - NEW DEVELOPMENT]

PROJECT

LOCATION

APPROPRIATION

Albin Well & Water Supply

Laramie County

$140,000
Alpine Master Plan Update

Lincoln County

75,000
Alta Test Well

Teton County

65,000
Baggs Water & Raw Water Supply

Carbon County

50,000
Big Horn Regional Ground Water

Big Horn, Washakie,

1,500,000

Hot Springs Counties
Boulter Lake Enlargement 3.

Sublette County

75,000
Bridger Valley Reservoir Storage

Uinta County

100,000
Phase II
Burlington Regional Master Plan

Big Horn County

75,000
Canyon Water Supply 2.

Weston County

600,000
Cheyenne Belvoir Ranch

Laramie County

350,000
Cokeville Reservoir Storage 3.

Lincoln County

150,000
Cottonwood Lake Enlargement 3.

Lincoln County

100,000
Dubois Water Supply, Phase 2

Fremont County

400,000
Eight Mile-High Plains Well
,

Campbell County

60,000
Phase 2

510,000
Encampment Sierra Madre Well

Carbon County

250,000
Evanston/Bear River Regional

Uinta County

70,000
Glenrock Well & Tank

Converse County

600,000
Hyattville Water Supply 1.

Big Horn County

600,000
Kaycee Well & Storage

Johnson County

650,000
Lander Paleozoic Well

Fremont County

425,000
Laramie Water Management Study

Albany County

330,000
LeClair/Riverton Valley Storage 3.

Fremont County

250,000
Northern Arapaho Groundwater

Fremont County

700,000
Owl Creek I.D. Storage Supply 3.

Hot Springs County

200,000
Pine Bluffs Lance/Fox Well

Laramie County

475,000
Rawlins Raw Water Storage 3.

Carbon County

150,000
Saratoga Test Well

Carbon County

160,000

185,000
Ray Lake Enlargement
3.

Fremont County

100,000
Shoshone Groundwater Development

Fremont County

850,000
Upper Green River Storage 3.

Sublette County

175,000
Viva Naughton Enlargement 3.

Lincoln County

300,000
Weather Modification Study

Western Wyoming

100,000

200,000
Weather Modification Study,

Western & South

8,825,000
Phase 2, 4.

Central Wyoming
Hold Projects*

Statewide

15,000
Total appropriation for Section 4

$5,585,000

$19,540,000

1.

The sponsor shall first form a public entity prior to the commencement of the study.

2.

If the project progresses through construction, the Canyon Improvement and Service District shall be required to connect to the Salt Creek Water District System.

3.

The project shall be funded from water development account III only if the legislation to create the account is enacted by the Fifty-Eighth Legislature during the 2005 General Session. If water development account III is not created, then the project shall be funded from water development account I.

4.

The funds appropriated for this project shall not revert to water development account I until July 1, 2011.

*Hold projects include: Blackwillow, Rock Springs East and Bridger Valley Water Supply Projects, Cheyenne Hydropower, Crow Creek Groundwater Recharge, Goshen Reregulating Reservoir, Greybull Valley Hydropower, Middle Fork Dam, North Cheyenne and Smith's Fork Dam Projects.

Section 5.

LEVEL II FEASIBILITY STUDIES - REHABILITATION.
The following sums of money are appropriated from water development account II to the commission to be expended to conduct the following feasibility studies as defined in W.S. 41
‑
2
‑
114. Funds appropriated under this section for a particular project which are in excess of the actual amount necessary to complete the study may, subject to the review of the select water committee, be expended by the commission to complete the feasibility study for any other project listed in this section. Appropriated funds not expended prior to July 1, 2006, shall revert to water development account II. The commission shall submit a report to the legislature on each of the following studies prior to the 2006 legislative session.

[LEVEL II FEASIBILITY STUDIES - REHABILITATION]

PROJECT

LOCATION

APPROPRIATION

Big Horn Canal Rehabilitation

Washakie, Big Horn Counties

$
150,000
Big Valley & Crossed Arrow Water

Park County

75,000
Supply
Cody Canal I.D. Rehabilitation

Park County

250,000
& Hydro
Frannie Well Rehabilitation

Big Horn, Park Counties

65,000
Greybull Wells Rehabilitation

Big Horn County

$
475,000
Green River Canal PAM Study

Sweetwater County

40,000
Heart Mountain Screens

Park County

100,000
Kennington Springs 1.

Lincoln County

100,000
Lake DeSmet Master Plan-Phase 2

Johnson County

150,000
Mead Creek Ditch 1.

Sheridan County

75,000
Owl Creek I.D. Conservation Study

Hot Springs County

100,000
Riverton Mountain View

Fremont County

300,000
Sheridan/Veterans Center

Sheridan County

75,000
Thermopolis Storage & Raw Water

Hot Springs County

175,000
Worland Wells Flow Test

Washakie County

40,000

165,000
Midvale Sand Gulch

Fremont County

75,000
Wagoner/Cherokee ID-Phase 2

Carbon County

35,000
Washam Water Supply 2.

Sweetwater County

40,000
Wheatland I.D. Conservation

Platte County

100,000
Worland Area Irrigated Land GIS

Washakie County

200,000

Total appropriation for Section 5

$1,130,000

$2,745,000

1.

The project sponsor shall first form a public entity prior to the commencement of the study.

2.

If the project advances to a Level III construction phase, one-half (1/2) of the cost of the Level II study shall be repaid to the commission.

Section 7.

Dam and reservoir section.

(a)

There is created within the Wyoming water development office the dam and reservoir section. The section shall be limited to the administration of Level I and Level II study projects and other assignments that encourage the enlargement of existing dams and reservoirs or the construction of new dams and reservoirs.

(b)

Five hundred twenty-six thousand dollars ($526,000.00) is appropriated from water development account I to the Wyoming water development office, and the office is authorized four (4) full-time positions including a hydrologist, an operations and maintenance engineer for state-owned and operated dam and reservoir facilities, a National Environmental Policy Act analyst and a scientist.

(c)

Beginning with the 2007-2008 biennium, the positions and expenses necessary to provide dam and reservoir and National Environmental Policy Act technical assistance and to operate the dam and reservoir section shall be included in the standard budget of the Wyoming water development office.

Section 8.

Selenium control and conservation measures. The legislature hereby approves the continuing expenditure of funds appropriated in the 2003-2004 Pathfinder mitigation activities for construction of selenium control and conservation measures in the amount as described in the contract between Casper Alcova irrigation district, the Wyoming attorney general's office and the Wyoming water development office executed on March 12, 2004.

Section 9.

Contingent upon the availability of matching funds from the United States Department of Interior, Bureau of Reclamation, there is appropriated one hundred thousand dollars ($100,000.00) from water development account I to the Wyoming water development office to meet the state's proportionate share of the contract expense for the conservation staff position for fiscal years 2005 and 2006.

Section
7
10
.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

Section 2.
W.S. 41
‑
2
‑
119(a) and (b)(intro) is amended to read:

41
‑
2
‑
119.

Groundwater studies.

(a)

The Wyoming water development commission may grant not to exceed
four million five hundred thousand dollars ($4,500,000.00)
five million five hundred thousand dollars ($5,500,000.00)
to incorporated cities and towns, water and sewer districts and improvement and service districts in Wyoming for exploration for and feasibility studies of the use of underground water for municipal and rural domestic purposes, not to exceed four hundred thousand dollars ($400,000.00) for any one (1) exploration or study. The grants shall be made from revenues from water development account I and those revenues are hereby so appropriated. Any city or town, water and sewer district or service and improvement district receiving a grant pursuant to this section shall provide at least twenty-five percent (25%) of the cost of the exploration or study from its own funds. The commission shall adopt rules and regulations governing application procedures for the grants.

(b)

The commission may expend
not to exceed two million five hundred thousand dollars ($2,500,000.00)
from the funds appropriated under subsection (a) of this section for exploration and for feasibility studies of the use of underground water for municipal and rural domestic purposes subject to the following conditions:

Section 3.

This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

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