Small water projects.

2017
STATE OF WYOMING
17LSO-0194
ENGROSSED
2.1

SENATE FILE

NO.

SF0091

Small water projects.

Sponsored by:
Senator(s) Hicks, Driskill and Meier and Representative(s) Blake, Hunt and Paxton

A BILL

for

AN ACT relating to water development; providing for recommendation of small water projects by the water development commission; requiring review of small water projects by the select water committee; requiring legislative approval of funding for small water projects; providing for reversion of appropriations; and providing for an effective date.

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

Section 1
.

W.S. 28
‑
11
‑
101(b)(v), 41
‑
2
‑
112(b) by creating a new paragraph (viii), 41
‑
2
‑
113(a) by creating a new paragraph (iv), 41
‑
2
‑
123(f), 99
‑
3
‑
1903(k)(ix) and 99
‑
3
‑
1904(m)(ix) are amended to read:

28
‑
11
‑
101
.

Appointment of members; powers and duties; related duties of water development commission.

(b)

The select committee shall:

(v)

Review the budgets of all projects
including small water projects

and make recommendations.

41
‑
2
‑
112
.

Wyoming water development program.

(b)

In developing financing recommendations under the Wyoming water development program, the commission shall:

(viii)

Consider recommendations related to small water projects which shall be administered as follows:

(A)

The commission shall
establish eligibility criteria
and administration procedures fo
r development of small projects
. The eligibility criteria shall:

(I)

Not
include any requirement for a watershed study;

(II)

Provide that any project that does not meet the eligibility criteria for large project programs shall be eligible for the small water project program

provided it meets the small water project program eligibility criteria other than the maximum size or storage limitations.

(B)

The commission may recommend funding projects with grants in an amount not to exceed 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 and prioritization of small water 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.

41
‑
2
‑
113
.

Definitions.

(a)

As used in W.S. 41
‑
1
‑
106 through 41
‑
1
‑
108 and 41
‑
2
‑
107 through 41
‑
2
‑
118:

(iv)

"Small water project" means
the construction, rehabilitation or replacement
of dams, windmills, springs
, pipeline
s
or other projects to impound,
develop
or
convey water for
irrigation,
livestock, wildlife, environmental and recreational purposes
.

T
he maximum financial contribution
requested
from the state
for a small water project shall be
thirty
‑
five thousand dollars ($35,000.00) or
fifty percent (50%) of the eligible project cost, whichever is

less.

41
‑
2
‑
123
.

Project studies generally; hearings; reimbursement of costs; source of funding; use of unobligated funds; recommendations to legislature.

(f)

All recommendations, including proposed legislation, from the water development commission to the legislature required by law regarding specific water projects

including small water projects
shall be presented to the select water committee created by W.S. 28
‑
11
‑
101 not later than fifteen (15) days prior to commencement of the legislature to which the reports are due. The committee shall review and make recommendations to the legislature regarding commission recommendations and proposed legislation.

99
‑
3
‑
1903
.

Level III construction projects – new development.

(k)

Project
‑
Small Water Development Projects
‑
2014:

(ix)

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

2017
.

99
‑
3
‑
1904
.

Level III construction projects – rehabilitation.

(m)

Project
‑
Small Water Development Projects
‑
2014:

(ix)

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

2017
.

Section 2.

(a)

Any funds remaining unobligated from the appropriation in W.S. 99
‑
3
‑
1903(
k)(vi) shall revert to water development account I on July 1, 2017.

(b)

Any funds remaining unobligated from the appropriation in W.S. 99
‑
3
‑
1904(
m)(vi) shall revert to water development account II on July 1, 2017.

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)

1
SF0091