Omnibus water bill-planning.

WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0236

ENROLLED ACT NO. 52, HOUSE OF REPRESENTATIVES

FIFTY-NINTH LEGISLATURE OF THE STATE OF
WYOMING
2007 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; and providing for an effective date.

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

Section 1.

2006 Wyoming Session Laws, Chapter 99, Sections 1 and 3 through 5 and 6 by creating a new Part II are amended to read:

[2006-2007 WATER PROGRAM]

[AUTHORIZED LEVEL I AND LEVEL II STUDIES]

Section 1.

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, 2008, 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 2008 legislative session.

[LEVEL I RECONNAISSANCE STUDIES - NEW DEVELOPMENT]

Project

Location

Appropriation

Owl Creek Rural Water Supply

Hot Springs County

$75,000
Statewide Water Research

Statewide

300,000

600,000
Wind River Glaciers

Fremont
,
Sublette

Counties

225,000

Clearmont CBM Impact Plan

Sheridan
County

75,000
Green

River Basin
Plan II

Green

River Basin

600,000
Green River
, Rock Springs,

Sweetwater County

220,000
Sweetwater

County
JPWB Master
Plan II

Laramie

County

Aquifer
Study

Laramie
County

300,000
Phase I

Lusk Area Ground Water

Niobrara
County

200,000

Pinedale Master Plan 2007

Sublette County

210,000
Northern Arapaho Master Plan

Fremont
County

125,000
Star

Valley
Regional Master

Lincoln
County

600,000
Plan
Total appropriation for Section 1

$600,000

$3,230,000

Section 3.

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, 2008, 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 2008 legislative session.

[LEVEL II FEASIBILITY STUDIES - NEW DEVELOPMENT]

PROJECT

LOCATION

APPROPRIATION
Glendo Water Supply

Platte

County

$625,000
LaBarge Water Supply

Lincoln
County

400,000
Cheyenne/Laramie

Laramie
County

450,000
County

Water
Service
Area
Sundance Meadows 1.

Converse County

50,000
Alpine Master Plan

Lincoln
County

185,000
Update, Phase II
Cheyenne
Belvoir

Laramie
County

450,000
Ranch, Phase II 2.
Glenrock Well Phase II

Converse County

550,000
Hudson
Water Supply

Fremont
County

575,000
Lysite Test Well

Fremont
County

545,000
Northern Arapaho

Fremont
County

605,000
Groundwater, Budget
Increase
Saratoga
Test Well,

Carbon County

300,000
Phase II
Shoshone Groundwater

Fremont
County

600,000
Dev., Budget Increase
Jon’s Drop Hydropower

Carbon County

40,000
Coalbed Methane (CBM)

Powder and North

500,000
Water Delivery

Platte

River Basin
Analysis,
Powder River
Basin to
Platte

River
Basin 3.
Hold Projects*

Statewide

15,000
Star

Valley
Ranch

Lincoln
County

600,000
Groundwater 4.
Upton Well No. 6

Weston County

75,000
Cody

Canal
Hydropower

Park County

75,000
Dixon
Water Supply II

Carbon County

75,000
Dayton
Raw Water

Sheridan
County

100,000
Frannie Raw Water

Park County

50,000
Hoback Water Supply

Teton County

700,000
Laramie
Water

Albany
County

260,000
Management Plan

Total appropriation for Section 3
$5,890,000

$7,825,000

1.

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

2.

Surface and groundwater interference issues shall be addressed during the study.

3.

The water development commission in consultation with the governor's office, the attorney general's office, the state engineer's office, the department of environmental quality and representatives of the oil and gas industry shall compile a scope of services and request for proposal to secure the needed professional engineering services to conduct the study.

4.

The sponsor shall acquire appropriate portions of the existing system prior to commencement of the study.

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

As used in this section, "Hold project" means a project which has had a previous legislative funding authorization for a study at the same level authorized by this act, but has been placed on hold status as a result of outstanding issues which warrant limiting future expenditures until the issues are resolved. Hold status serves to document commission or sponsor interest in a project subject to resolution of issues.

Section 4.

LEVEL II FEASIBILITY STUDIES – STORAGE
. The following sums of money are appropriated from water development account III, as created by W.S. 41
‑
2
‑
124(a)(iii), 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, 2008, shall revert to water development account III. The commission shall submit a report to the legislature on each of the following studies prior to the 2008 legislative session.

[LEVEL II FEASIBILITY STUDIES - STORAGE]

Project

Location

Appropriation

Middle Piney, Phase I

Sublette County

$200,000
Viva Naughton Enlargement II

Lincoln
County

250,000
Bridger

Valley
Reservoir

Uinta County

100,000
Cottonwood
Lake

Enlargement

Lincoln
County

80,000
Hopkins
Reservoir Study

Johnson County

100,000
Rawlins Raw Water Storage

Carbon County

100,000
Sublette Creek Reservoir

Lincoln
County

81,000
Upper Green River
Storage

Sublette County

200,000

Total appropriation for Section 4

$200,000

$1,111,000

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, 2008, 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 2008 legislative session.

[LEVEL II FEASIBILITY STUDIES - REHABILITATION]

PROJECT

LOCATION

APPROPRIATION
Casper
Alcova ID GIS

Natrona

County

$200,000
Douglas Groundwater

Converse County

75,000
Shoshone ID Rehab, GIS

Park County

300,000
Washakie Co. Safety

Washakie County

50,000
Crowheart/Dinwoody 1.

Fremont
County

200,000
Gooseberry ID

Washakie/Hot Springs

100,000
Conservation, 2006

Counties
Heart Mountain ID,

Park County

21,000
Budget Increase
Riverton/Mountain

Fremont
County

125,000
View, Budget Increase
Wheatland ID,

Platte
County

300,000
Phase II Conservation
Enterprise
Conservation

Fremont
County

100,000
Fort

Laramie
Supply

Goshen
County

100,000
Greybull Valley I.D.,

Big Horn County

100,000
Upper Sunshine Diversion
Kirby Irrigation

Hot Springs
County

200,000
Manville Water Supply

Niobrara
County

90,000
Willwood Diversion Dam

Park County

250,000

Total appropriation for Section 5

$1,371,000

$2,211,000

1.

An official letter, minutes from a meeting, or resolution of the business council of the Eastern Shoshone tribe or Northern Arapaho tribe or the joint business council of the Eastern Shoshone and Northern Arapaho tribes, which demonstrates support for the project shall be submitted to the Wyoming water development office prior to commencement of the project.

Section 6.

Part II.
LEVEL I FEASIBILITY STUDY – MITIGATION
NORTH PLATTE
DRAINAGE SYSTEM
.

(a)

There is appropriated one hundred thousand dollars ($100,000.00) from the water development account I to the
Wyoming
water development office to be expended to conduct feasibility studies specified in this section. Notwithstanding W.S. 9
‑
4
‑
207(a), funds appropriated under this section that are not encumbered or obligated prior to June 30, 2008, shall not revert to the general fund, but shall be used by the office to complete the studies authorized under this section. Level I feasibility funds appropriated under this section shall be used as follows:

(i)

To develop a five (5) year plan to mitigate surface/drain water and groundwater replacement requirements required of the state of Wyoming as defined in the modified North Platte River Decree in an area bounded by Whalen Diversion Dam on the west, the Fort Laramie Canal on the South, the Interstate Canal on the North and the Wyoming-Nebraska state line on the east;

(ii)

To explore and facilitate the creation of an irrigation district as an alternative for purchasing or otherwise acquiring replacement water as described in paragraph (a)(i) of this section;

(iii)

To locate and determine the feasibility of development of nonhydrological sources to mitigate the state of Wyoming's water replacement obligations described by the modified North Platte River decree and by paragraph (a)(i) of this section.

(b)

The office shall report its findings to the select water committee prior to November 1, 2007.

(c)

Any balance of funds remaining after completion of the level I feasibility study may be used for the acquisition of replacement water as described in paragraph

(a)(i) of this section.

(d)

As used in this section, "modified North Platte River decree" means the North Platte River decree approved by the United States Supreme Court in
Nebraska v. Wyoming
, 534 U.S. 40 (2001).

Section 2.

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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