Omnibus water bill-construction.

WORKING DRAFT

ORIGINAL SENATE
FILE

NO.
0066

ENROLLED ACT NO. 37, SENATE

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to water development projects; providing for construction of dams and reservoirs; authorizing construction of designated water projects; describing projects; specifying terms and conditions of funding for projects; providing appropriations; modifying project descriptions and terms of appropriations for various specified prior projects; and providing for an effective date.

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

Section 1.

W.S. 99
‑
3
‑
19
01
through 99
‑
3
‑
19
04
are created to read:

ARTICLE 19
2014 CONSTRUCTION PROJECTS

99
‑
3
‑
19
01
.

Definitions.

The definitions in W.S. 99
‑
3
‑
101 apply to this article.

99
‑
3
‑
19
02
.

General authorization.

The provisions of W.S. 99
‑
3
‑
102 apply to this article.

99
‑
3
‑
190
3
.

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.

(
b
)

Project –
Antelope Valley Regional Connection:

(i)

Project sponsor:
Antelope Valley Improvement and Service District;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a connection to the regional water system
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
Three hundred
thousand

dollars ($
300,000
.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
two hundred
one thous
and dollars ($201,0
00.00)

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 two hundred
one thous
and dollars ($201,0
00.00)
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, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(
c
)

Project –
Casper Zone 3 Improvements:

(i)

Project sponsor:
City of Casper;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a transmission pipeline, pumping facilities, storage tank
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
Five million five hundred
thousand dollars ($
5,500,000
.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
t
hree
million six hundred eighty-five
thousan
d dollars ($3,685,000
.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 t
hree
million six hundred eighty-five
thousan
d dollars ($3,685,000
.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, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(
d
)

Project –
Cheyenne Southern Pipeline-Phase III:

(i)

Project sponsor:
City of Cheyenne;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a transmission pipeline
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
One million eight hundred
thousand dollars ($
1,800,000
.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 and project land procurement of the project an amount not to exceed one million
two hundred six
thousan
d dollars ($1,206,000
.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 million two hundred six
thousan
d dollars ($1,206,000
.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, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(
e
)

Project –
Eastern Shoshone Boulder Flats Well Field:

(i)

Project sponsor:
Eastern Shoshone Tribe
;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a well field, pumping facilities, pipeline
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
One million two hundred thousand
dollars ($
1,200,000
.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 eight hundred
four
thousand dollars ($80
4
,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 eight hundred
four
thousand
dollars ($
80
4
,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, 2019
;

(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 drilled during the
l
evel II study for a price not to exceed thirty-three percent (33%) of the well
'
s actual construction costs.

(
f
)

Project –
Glenrock Transmission Pipeline:

(i)

Project sponsor:
Town of Glenrock;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a transmission pipeline
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
Five hundred seventy
thousand dollars ($
570,000
.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
t
hree hundred eighty-one thousand nine hundred dollars ($381,900.00)

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 three hundred eighty-one
thousand
nine hundred
dollars ($
381,900.00) 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, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(
g
)

Project –
Laramie North Side Tank:

(i)

Project sponsor:
City of Laramie
;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project descripti
on: Design of pumping facilities, pipeline
s
, storage tank
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
One million two hundred thousand
dollars ($
1,200,000
.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 and project land procurement of the project an amount not to exceed eight hundred four thousand dollars ($804,000.00) or sixty-seven percent (67%) 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 and project land procurement of the project an amount not to exceed three hundred ninety-six thousand dollars ($396,000.00) 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%);

(vii)

Appropriation: There is appropriated from water development account I to the commission one million two hundred thousand
dollars ($
1,200
,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, 2019.

(
h
)

Project –
Manville Well Connection:

(i)

Project sponsor:
Town of Manville
;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of
a well connection, pumping facilities, pipeline
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
Four hundred

ninety thousand
dollars ($
490,000
.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 twenty-eight thousand three hundred dollars ($328,300.00) or sixty-seven percent (67%) 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, project land procurement, construction engineering and construction of the project an amount not to exceed one hundred sixty-one thousand seven hundred dollars ($161,700.00) 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%);

(vii)

Appropriation: There is appropriated from water development account I to the commission four hundred

ninety thousand
dollars ($
490,000
.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, 2018
;

(viii)

Special conditions:

(A)

The sponsor shall purchase the well drilled during the
l
evel II study for a price not to exceed thirty-three percent (33%) of the well
'
s 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%)
.

(
j
)

Project –
Pine Bluffs North Well Field:

(i)

Project sponsor:
Town of Pine Bluffs
;

(ii)

Project purpose:
Municipal, r
ural domestic

water supply;

(iii)

Project description:
Purchase of water rights, d
esign and construction of
new wells, rehabilitation of existing wells, pumping facilities, pipeline
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
Two million three hundred thousand
dollars ($
2,300,000
.00)
;

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account I through the commission for the purchase of water rights, design, permit procurement, construction engineering and construction of the project an amount not to exceed one million five hundred forty-one thousand dollars ($1,541,000.00) or sixty-seven percent (67%) 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, project land procurement, construction engineering and construction of the project an amount not to exceed seven hundred fifty-nine thousand dollars ($759,000.00) 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%);

(vii)

Appropriation: There is appropriated from water development account I to the commission two million three hundred thousand
dollars ($
2,300,000
.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, 2019
;

(viii)

Special conditions:

(A)

The costs for the purchase of land and existing infrastructure, and to effect a water rights transfer before the Wyoming
b
oard of
c
ontrol are not part of the total project budget. The
s
ponsor shall acquire funding for such costs from other sources
.

(
k
)

Project - Small Water Development Projects - 2014:

(i)

Project sponsors: Eligible public entities;

(ii)

Project purpose: Multi-purpose - agriculture, recreation
and
environmental;

(iii)

Project description: Construction of small dams, windmills, spring development, pipelines, etc., to impound, develop and convey water for livestock, wildlife, irrigation, environmental and recreational purposes;

(iv)

Total project budget: One million two hundred thousand dollars ($1,200,000.00);

(v)

Project grant: The state of Wyoming shall grant to sponsors 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 thousand dollars ($600,000.00) 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 six hundred thousand dollars ($600,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. The funds appropriated shall not lapse at the end of any fiscal period but shall carry over until expended or reverted by the legislature to water development account I;

(vii)

Definition:
"
Small project
"
means a project where estimated construction costs, permit procurement, construction engineering and project land procurement are one hundred thirty-five thousand dollars ($135,000.00) or less, and where the maximum financial contribution from the commission is thirty-five thousand dollars ($35,000.00) or less;

(viii)

Special conditions:

(A)

The commission shall establish eligibility criteria and administration procedures for development of small projects;

(B)

The commission may grant a sponsor fifty percent (50%) of the construction cost of a project with a maximum grant awarded limited to thirty-five thousand dollars ($35,000.00);

(C)

The project sponsors
shall
substantiate the public benefit that will be derived from proposed projects;

(D)

The commission may make monthly progress payments for no more than fifty percent (50%) of eligible monthly project expenses;

(E)

An appropriate land management or resource management entity
shall
certify that the proposed project will meet expectations and that appropriate engineering standards, as approved by the commission, will be adhered to;

(F)

The establishment of criteria and administrative procedures for the development of small projects under this subsection and decisions of the commission relating to the recommendations, prioritization or disqualification of small projects are specifically exempt from the provisions of the Wyoming Administrative Procedure Act including judicial review under W.S. 16
‑
3
‑
114 and 16
‑
3
‑
115.

(ix)

No new project shall be authorized under this subsection on or after July 1, 2025.

(
m
)

Project –
Weather Modification Wind River Mountains:

(i)

Project sponsor:
The
s
tate of Wyoming;

(ii)

Project purpose:
To enhance the winter snowpack in the Wind River Mountain Range
;

(iii)

Project description:
Conduct an operational winter snowpack augmentation program during the 2014-2015 fall, winter and spring seasons
;

(iv)

Total project budget:
Nine hundred thirty thousand
dollars ($
930,000
.00);

(v)

Appropriation: There is appropriated from water development account I to the Wyoming
w
ater
d
evelopment
o
ffice two hundred forty thousand dollars ($240,000.00) 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, 2015;

(vi)

Special conditions:

(A)

The Wyoming
w
ater
d
evelopment
o
ffice shall manage and provide oversight of the program. Ten thousand dollars ($10,000
.00
) of the total appropriation is allocated for this purpose;

(B)

The project operations budget
shall not exceed
nine hundred twenty thousand dollars ($920,000
.00
) of which the
s
tate of Wyoming shall participate at a rate of
twenty-five percent (
25%
)
of actual costs
;

(C)

Prior to commencing with project operations, the Wyoming
w
ater
d
evelopment
o
ffice shall acquire funding commitments from other Colorado
r
iver
b
asin water users for
seventy-five percent

(
75%
)
of project operations costs.

[REHABILITATION CONSTRUCTION PROJECTS]

9
9
‑
3
‑
1904.

Level III construction projects – rehabilitation.

(a)

Authorization is granted for the Level III rehabilitation construction projects identified in this section, subject to the general conditions specified in W.S. 99
‑
3
‑
104.

(b)

Project –
Central Wyoming Elevated Tank
:

(i)

Project sponsor: Central Wyoming Regional Water System;

(ii)

Project purpose: Municipal, r
ural domestic

water supply;

(iii)

Project description: Design and construction of an elevated water storage tank, pipelines and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Two million four hundred sixty thousand dollars ($2,460,000.00)
;

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement and project land procurement of the project one million six hundred forty
-
eight thousand two hundred dollars ($1,648,200.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one million six hundred forty
-
eight thousand two hundred dollars ($1,648,200.00)
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 II on July 1, 2019
;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the project budget from other sources.

(c)

Project – Lakeview Irrigation District Rehabilitation 2014:

(i)

Project sponsor: Lakeview Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of a water siphon structure and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Two hundred thirty-one thousand dollars ($231,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II 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 fifty-four thousand seven hundred seventy dollars ($154,770.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission one hundred fifty-four thousand seven hundred seventy dollars ($154,770.00) 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 II on July 1, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(d)

Project –
Lovell Canal Rehabilitation 2014
:

(i)

Project sponsor: Lovell Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of water lateral improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: One million one hundred fifty-six thousand dollars ($1,156,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed eight hundred eighty-nine thousand dollars ($889,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
eight hundred eighty-nine thousand dollars ($889,000.00)
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 II on July 1, 2019;

(vii)

Special conditions:

(A)

The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and approved by the commission;

(B)

The sponsor is responsible for retaining professional engineering services to design the project, compile materials
and
bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

(
e
)

Project –
Medicine Bow Transmission Pipeline
:

(i)

Project sponsor: Town of Medicine Bow;

(ii)

Project purpose: Municipal, r
ural domestic

water supply
;

(iii)

Project description: Design and construction of a water transmission pipeline and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Three million fifty thousand dollars ($3,050,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project one million fifty
-
two thousand dollars ($1,052,000.00) or sixty-seven percent (67%) of the actual and eligible development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one million fifty
-
two thousand dollars ($1,052,000.00)
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 II on July 1, 2019
;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the eligible project budget and one hundred percent (100%) of
non
eligible project budget from other sources.

(f)

Project – Piney & Cruse Canal Piping:

(i)

Project sponsor: Piney & Cruse Creek Ditch Company Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of water canal improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Eight hundred fifty-five thousand dollars ($855,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project an amount not to exceed five hundred seventy-two thousand eight hundred fifty dollars ($572,850.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Project loan: The state of Wyoming shall loan to the sponsor from water development account II 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 eighty-two thousand one hundred fifty dollars ($282,150.00) or thirty-three percent (33%) of 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%);

(vii)

Appropriation: There is appropriated from water development account II to the commission eight hundred fifty-five thousand dollars ($855,000.00) 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 II on July 1, 2019
.

(g
)

Project –
Riverton Valley Rehabilitation 2014
:

(i)

Project sponsor: Riverton Valley Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of water lateral improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Two hundred four thousand dollars ($204,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project one hundred thirty
-
six thousand six hundred eighty dollars ($136,680.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one hundred thirty
-
six thousand six hundred eighty dollars ($136,680.00)
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 II on July 1, 2019;

(vii)

Special conditions: The sponsor is responsible for acquiring thirty-three percent (33%) of the total project budget from other sources.

(h)

Project –
Rock River Transmission Line Replacement
:

(i)

Project sponsor: Town of Rock River;

(ii)

Project purpose: Municipal, r
ural domestic

water supply
;

(iii)

Project description: Design and construction of a transmission line
, river intake structure
and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget:
O
ne million
seven hundred thirty
thousand dollars ($1,
730
,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project
one million one hundred fifty-nine thousand one hundred dollars
($
1,159,100.00
) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one million one hundred fifty-nine thousand one hundred dollars ($1,159,100.00)
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 II on July 1, 2019;

(vii)

Special conditions:

The sponsor is responsible for acquiring thirty-three percent (33%) of the eligible project budget from other sources.

(
j
)

Project –
State Line Canal Diversion
:

(i)

Project sponsor: Savery-Little Snake River Water Conservancy District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of canal diversion improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Seven hundred fifty thousand dollars ($750,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement, project land procurement, construction engineering and construction of the project five hundred two thousand five hundred dollars ($502,500.00) or sixty-seven percent (67%) of the actual development costs, whichever is less;

(vi)

Project loan: The state of Wyoming shall loan to the sponsor from water development account II 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 forty-seven thousand five hundred dollars ($247,500.00) 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%);

(vii)

Appropriation: There is appropriated from water development account II to the commission seven hundred fifty thousand dollars ($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 II on July 1, 2019
.

(
k
)

Project –
Sidon Irrigation District Rehabilitation 2014
:

(i)

Project sponsor: Sidon Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of water lateral improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Two hundred four thousand dollars ($204,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed one hundred nine thousand dollars ($109,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one hundred nine thousand dollars ($109,000.00)
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 II on July 1, 2019;

(vii)

Special conditions:

(A)

The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and approved by the commission;

(B)

The sponsor is responsible for retaining professional engineering services to design the project, compile materials
and
bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

(
m
)

Project - Small Water Development Projects - 2014:

(i)

Project sponsors: Eligible public entities;

(ii)

Project purpose: Multi-pu
rpose - agriculture, recreation and
environmental;

(iii)

Project description: Rehabilitation and replacement of small dams, windmills, spring rehabilitation, pipeline rehabilitation, etc., to impound, develop and convey water for livestock, wildlife, environmental and recreational purposes;

(iv)

Total p
roject budget: Six

hundred thousand dollars ($600
,000.00);

(v)

Project grant: The state of Wyoming shall grant to sponsors from water development account II 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
thous
and dollars ($30
0,000.00) or fifty percent (50%) of the actual development costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to
the commission three
hundr
ed thousand dollars ($30
0,000.00) or as much thereof as is necessary to carry out the purpose of this subsection. The funds appropriated shall not lapse at the end of any fiscal period but shall carry over until expended or reverted by the legislature to water development account II;

(vii)

Definition:
"
Small project
"
means a project where estimated rehabilitation costs, permit procurement, and project land procurement are one hundred
thirty-five thousand dollars ($135
,000.00) or less, and where the maximum financial contribution from the com
mission is thirty-five thousand dollars ($3
5,000.00) or less;

(viii)

Special conditions:

(A
)

The commission shall establish eligibility criteria and administration procedures for development of small projects;

(B
)

The commission may grant a sponsor fifty percent (50%) of the construction cost of a project with a maximum
grant awarded limited to thirty-five thousand dollars ($3
5,000.00);

(C
)

The project sponsors
shall
substantiate the public benefit that will be derived from proposed projects;

(D
)

The commission may make monthly progress payments for no more than fifty percent (50%) of eligible monthly project expenses;

(E
)

An appropriate land management or resource management entity
shall
certify that the proposed project will meet expectations and that appropriate engineering standards, as approved by the commission, will be adhered to;

(F
)

The establishment of criteria and administrative procedures for the development of small projects under this subsection and decisions of the commission relating to the recommendations, prioritization or disqualification of small projects are specifically exempt from the provisions of the Wyoming Administrative Procedure Act including judicial review under W.S. 16
‑
3
‑
114 and 16
‑
3
‑
115.

(ix)

No new project shall be authorized under this sub
section on or after July 1, 2025
.

(
n
)

Project –
Willwood Irrigation District Rehabilitation 2014
:

(i)

Project sponsor: Willwood Irrigation District;

(ii)

Project purpose: Agriculture water supply;

(iii)

Project description: Design and construction of water lateral gate improvements and appurtenances necessary to make the project function in the manner intended;

(iv)

Total project budget: Two hundred nineteen thousand dollars ($219,000.00);

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed one hundred sixty-four thousand dollars ($164,000.00) or one hundred percent (100%) of the approved materials costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one hundred sixty-four thousand dollars ($164,000.00)
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 II on July 1, 2019;

(vii)

Special conditions:

(A)

The sponsor is responsible for all project costs with the exception of the purchase of project materials as supported by vendor invoices and approved by the commission;

(B)

The sponsor is responsible for retaining professional engineering services to design the project, compile materials
and
bidding documents and monitor construction activities including the installation of project components and the tracking of project expenditures.

[AMENDMENTS TO PRIOR PROJECTS]

Section 2.

W.S.
9
9
‑
3
‑
1004(c)(x), 99
‑
3
‑
1403(m)(vii)
and (q)(vii)
, 99
‑
3
‑
1504
(c)(iv) through (vi), 99
‑
3
‑
1603(d)(iii), 99
‑
3
‑
1703(b)(iv) through (vi),
(g)(iv) through (vi),
(m)(iv)
,
(v)
,

(vii)
,

by creating a new paragraph
(viii)
,
(o)(iv)
and
(v)
, 99
‑
3
‑
1803(m)(iv) through (vi)

and 99
‑
3
‑
1804(b)(iv) through (vi) are amended to read:

99
‑
3
‑
1004
.

Level III construction projects – rehabilitation.

(c
)

Project

-
Gillette Madison Pipeline Joint Bonding
:

(x)

Supplemental appropriation: There is appropriated from water development account II to the commission an additional three million eight hundred fifty-two thousand five hundred dollars ($3,852,500.00), which when combined with the original appropriation, as described in paragraphs (iv) through (vi) of this subsection, total five million seventy-seven thousand five hundred dollars ($5,077,500.00) 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 II on July 1,
2014

2015
; and

99
‑
3
‑
1403.

Level III construction projects – new development.

(m
)

Project – Riverton Water Supply
:

(vii)

Appropriation:

There is appr
opriated from water development
account I to the commission seven million eighty-four thousand dollars ($7,084,000.00) 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,
2014
2015
;

(q)

Project – Upton Well:

(vii)

Appropriation: There is appropriated from water development account I to the commission three hundred ninety-five thousand dollars ($395,000.00) 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,
2014

2015
.

99
‑
3
‑
150
4
.

Level III construction projects – rehabilitation.

(c
)

Project

-
Heart Mountain Rehabilitation 2010
:

(iv)

Total project budget:
Three million thirty-six thousand
dollars ($3,036,000.00)
Three
million three hundred ten thousand
dollars ($
3,310,000.00
)
;

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the purchase of project materials as supported by vendor invoices and approved by the commission an amount not to exceed
one million six hundred sixty-five thousand
dollars ($1,665,000.00)
one million nine hundred ninety thousand
dollars ($
1,990,000.00
)
or one hundred percent (100%) of the approved materials costs, whichever is less;

(vi)

Appropriation: There is appropriated from water development account II to the commission
one million six hundred sixty-five thousand
dollars ($1,665,000.00)
one million nine hundred ninety thousand
dollars ($
1,990,000.00
)

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 II on July 1, 2017;

99
‑
3
‑
1603.

Level III construction projects – new development.

(d)

Project

- Cheyenne Southern Pipeline:

(iii)

Project description: Design and construction of transmission pipelines
, pumping facilities
and appurtenances necessary to make the project function in the manner intended;

99
‑
3
‑
1703.

Level III construction projects – new development.

(b
)

Project
– Big Horn Regional Well Connection
:

(iv)

Total project budget:
Seven million sixty thousand
dollars ($7,060,000.00)

Nine million two hundred twenty thousand
dollars ($
9,220,000.00
)
;

(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
four million seven hundred thirty thousand two hundred
dollars ($4,730,200.00)

six million one hundred seventy-seven thousand four hundred
dollars ($
6,177,400.00
)
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
four million seven hundred thirty thousand two hundred
dollars ($4,730,200.00)

six million one hundred seventy-seven thousand four hundred
dollars ($
6,177,400.00
)
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, 2017;

(g)

Project – Gillette Regional Extensions:

(iv)

Total project budget:
Nine million two hundred fifty thousand
dollars ($9,250,000.00)

N
ine million six hundred thousand
dollars ($
9,600,000.00
)
;

(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, project land procurement, construction engineering and construction of the project an amount not to exceed
six million one hundred ninety-seven thousand five hundred
dollars ($6,197,500.00)

six million four hundred thirty-two thousand
dollars ($
6,432,000.00
)
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 one hundred ninety-seven thousand five hundred
dollars (
$
6,197,500.00)

six million four hundred thirty-two thousand
dollars ($
6,432,000.00
)
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, 2018;

(m
)

Project
– Rolling Hills Water Supply
:

(iv)

Total project budget:
One million nine hundred thousand
dollars ($1,900,000.00)

Two million forty-one thousand five hundred
dollars ($
2,041,500.00
)
. Total project phase I budget: One hundred sixty thousand dollars ($160,000.00);

(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
,

and

project land procurement
, construction engineering and construction
of the project an amount not to exceed
one hundred seven thousand two hundred
dollars ($107,200.00)

one million two hundred ninety-one thousand two hundred
dollars ($
1,291,200.00
)
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 hundred sixty thousand
dollars ($160,000.00)
one million three hundred forty-four thousand
dollars ($
1,344,000.00
)
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, 2017
;
.

(viii)

Special
c
onditions:

T
he
s
ponsor
is responsible for acquiring thirty-three percent (33%) of the construction engineering and construction budget from other sources.

(o)

Project – Pavillion East Water Supply Project:

(iv)

Total project budget:
Seven hundred fifty thousand dollars ($750,000.00)

One million fifty
thousand dollars ($
1,050
,000.00)
;

(v)

Appropriation: There is appropriated from water development account I to the commission
seven hundred fifty thousand dollars ($750,000.00)

one million fifty
thousand dollars ($
1,050,000
.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, 2017;

99
‑
3
‑
1803.

Level III construction projects – new development.

(m
)

Project

-
Sheridan North Loop Transmission Line
:

(iv)

Total project budget:
Two million three hundred thirty-eight thousand
dollars ($2,338,000.00)
Two million five hundred sixty thousand
dollars ($
2,560,000.00
)
;

(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 five hundred sixty-six thousand four hundred sixty
dollars ($1,5
6
6,460.00)
one million seven hundred fourteen thousand four hundred sixty
dollars ($
1,714,460.00
)
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 five hundred sixty-six thousand four hundred sixty
dollars ($1,566,460.00)
one million seven hundred fourteen thousand four hundred sixty
dollars ($
1,714,460.00
)
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, 2018;

99
‑
3
‑
1804.

Level III construction projects – rehabilitation.

(b
)

Project

-
Austin-Wall Canal Rehabilitation Phase I
:

(iv)

Total project budget:
Two million nine hundred fifty thousand
dollars ($2,950,000.00)
.
Total project budget for phase I: Three hundred thousand dollars ($300,000.00)

Two million dollars ($2,000,000.00)
;

(v)

Project grant: The state of Wyoming shall grant to the sponsor from water development account II through the commission for the design, permit procurement
,

and
project land procurement
, construction engineering and construction
of the project
one hundred fifty thousand
dollars ($150,000.00)
one million
dollars ($
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 II to the commission
one hundred fifty thousand
dollars
($150,000.00)

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 II on July 1, 2018.

Section 3.
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.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

1