Irrigation districts-power projects.

WORKING DRAFT
2012
STATE OF WYOMING
12LSO-0077

HOUSE BILL
NO.
HB0037

Irrigation districts-power projects.

Sponsored by:
Representative(s) Bonner and Krone and Senator(s) Bebout and Geis

A BILL

for

AN ACT relating to
irrigation districts; authorizing irrigation districts to construct power projects for electric energy other than hydroelectric;
specifying conditions;
and providing for an effective date.

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

Section 1.
W.S. 41
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7
‑
701, 41
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7
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702, 41
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7
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706, 41
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7
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708 and 41
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7
‑
718 are amended to read:

41
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7
‑
701.

Irrigation districts may undertake power projects.

Any irrigation district heretofore organized and existing under and by virtue of the provisions of chapter 2, Session Laws of Wyoming, Special Session, 1920, as amended,
codified and compiled in W.S. 41
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7
‑
101 through 41
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7
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603, as now amended, is hereby authorized and given the power to provide for the construction, building and development of suitable works and structures, and to purchase, extend, enlarge, operate and maintain constructed works and structures suitable for the operation, maintenance, development and distribution of
hydroelectric

electric
energy and power.

Any project for development of wind energy shall meet the requirements of W.S. 18
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5
‑
501 through 18
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5
‑
513.

41
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7
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702.

Resolution of commissioners.

Whenever the commissioners of any duly organized and existing irrigation district, heretofore or hereafter organized under the laws of the state of Wyoming, shall determine by a majority vote thereof that it is and would be beneficial and for the best interest of the landowners and entrymen therein that the development and distribution of
hydroelectric

electric
energy and power is feasible, necessary
and

beneficial or
required for the complete and full construction and building of appropriate irrigation works necessary and required

or beneficial
for the improvement of the water supply for the landowners and
entrymen therein, they may adopt and approve an appropriate resolution stating their determination thereof.

41
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7
‑
706.

Notices; contents.

Such notice shall show the court in which said petition is filed, give a general description of the proposed works, state the time and place fixed by the court when and where the hearing on said petition will be had, and it shall require all persons interested to appear at the time and place therein stated, then and there to show cause if any they have, why said irrigation district should not proceed with plans and specifications for the construction or purchase as need be of the incidental necessary and required works for the development, distribution and sale of
hydroelectric

electric
energy and power.

41
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7
‑
708.

Approved project may proceed as incident to existing system; disposition of excess energy.

After the approval of the court the board of commissioners of said irrigation district shall be authorized to proceed with the construction, acquisition or purchase of all works and equipment required to provide for the generation,
distribution and sale of
hydroelectric

electric
energy and power as an incident to its existing or proposed water storage and distribution system and that it shall have the power to sell, distribute or otherwise dispose of
hydroelectric

electric
energy not necessary for the uses and purposes of the district.

41
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7
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718.

Liberal construction; restrictions; regulation by public service commission.

(a)

This act shall be construed liberally for the purpose of making it possible for irrigation districts by the development and sale of
hydroelectric

electric
energy and power through the construction or purchase of necessary and required properties and works to create sufficient income to make said works in connection with their irrigation works a feasible project, to save, conserve and preserve their full water rights under the laws of Wyoming.

(b)

The generation of electric energy and power under the provisions of this act shall be restricted to the generation of
hydroelectric

electric
energy and power for wholesale transmission and sale and such irrigation and public power districts established under the provisions of
said act shall be subject to the regulation of the public service commission of Wyoming in the establishment of wholesale rates and transmission facilities, applicable to any other public utility generating electric energy and power for wholesale transmission and sale.

(c)

Any project for development of wind energy shall meet the requirements of W.S. 18
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5
‑
501 through 18
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5
‑
513.

Section 2.
This act is effective July 1, 2012.

(END)

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HB0037