Water Development Commission

General Agency, Board or Commission Rules

Chapter 7: Wyoming Water Development Program

Effective Date: 11/27/2017 to Current

Rule Type: Current Rules & Regulations

Reference Number: 029.0001.7.11272017

CHAPTER 7

WYOMING WATER DEVELOPMENT PROGRAM

Section 1. Purpose. The purpose of Chapter 7 is to implement the Wyoming Water Development Program. The Program provides funding to Sponsors for the planning, design, and construction of water infrastructure projects necessary for the optimal development of the State's water resources.

Section 2. Eligible Applicants. Eligible applicants shall meet the definition of a Sponsor as defined in these rules, with the exception of Level I Reconnaissance studies in the New Development and Rehabilitation Program, and up to Level II, Phase III studies in the Dam and Reservoir Program. For said studies, the Commission may consider applications from Applicants that do not meet the definition of a Sponsor at the time of application, but who intend to qualify as a Sponsor by the completion of the Level I Reconnaissance study in the New Development and Rehabilitation Program or Level II, Phase III study for the Dam and Reservoir Program. Exceptions to this section shall be approved by the Commission on a case by case basis.

Section 3. Application Procedures. The Commission shall consider Program applications using the following process:

(a) New project applications shall include: (i) A detailed description of the project; (ii) A detailed description of any existing water systems; (iii) A list of the applicant's past projects funded by the Commission, including date of completion; (iv) Proposed project start date; if project is not "shovel ready," include additional steps that need to be taken before project can start and proposed time table; (v) Financial capabilities of the Applicant, including the annual budget for operation, maintenance, and replacement of the water supply system; the existing balance in any emergency funds and sinking funds for the water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance and replacement of the water supply system; and (vi) A certified original of a resolution in support of the project passed by the governing body of the Applicants, or for Applicants who do not meet the definition of a Sponsor at the time of application shall provide evidence of support for the applications by providing letters or petitions from interested water users. (b) Applications for Projects previously accepted into the Program shall include:

(i) A description of the project; (ii) A description of any existing water systems; (iii) A list of the Applicant's past projects funded by the Commission;

(iv) Financial capabilities of the Applicant, including the annual budget for operation, maintenance, and replacement of the water supply system; the existing balance in any emergency funds and sinking funds for the water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance and replacement of the water supply system; and

(v) Proposed project start date; if project is not "shovel ready," include additional steps that need to be taken before project can start and proposed time table.

(c) In addition to the requirements outlined above, applications for Level III construction projects shall include the following information:

(i) A comprehensive financing plan for the project which includes a listing of all funding sources anticipated to be used by the Applicant and a schedule showing when such funding sources shall become available;

(ii) A certified original of a resolution in support of the project passed by the governing body of the Applicant;

Section 4. Application Fees. An initial application fee of one thousand dollars ($1000.00) shall be submitted with each new project application. The application fee may be waived on a case by case basis. If the Commission denies the application, seventy-five percent (75%) of the fee shall be refunded to the Applicant.

Section 5. General Program Emphasis.

(a) Emphasizing multi-purpose water projects for maximum benefit and cost allocation;

(b) Maximizing the use of all existing information, data, reports and other materials in the execution of studies;

(c) Developing unappropriated water;

(d) Developing new storage capacity;

(e) Developing hydroelectric power; and

(f) Utilizing water not currently being beneficially used in Wyoming.

Section 6. Evaluation. The Commission shall evaluate applications by considering the following:

1. (a) Information submitted in the project application;
2. (b) Whether the Applicant is current on all repayment obligations to the State;
3. (c) General program emphasis; and
4. (d) Whether the Applicant completed the most recent Commission public water system survey or irrigation system survey.
5. (e) For construction projects, the Commission shall consider the following additional factors:
6. (i) Whether the Applicant completed the necessary level of planning studies to adequately define the project scope, assess feasibility, evaluate alternatives, and determine probable costs;
7. (ii) Whether the Applicant presented an adequate financial plan to fund the project;
8. (iii) Whether the Applicant is prepared to establish an adequate operations and maintenance account;
9. (iv) Whether the Applicant is ready to proceed with construction, implementation, and operations; and
10. (v) Whether the Applicant is prepared to operate and maintain the project.
11. (f) For rehabilitation projects, the Commission shall also consider the Applicant's past efforts in adequately maintaining the project and whether the Applicant has an existing maintenance account.

Section 7. Commission Recommendations. Upon receipt of an application, the Director and the Office shall review each application and develop preliminary recommendations to be considered by the Commission. A copy of all original applications will be provided to the Commission. Prior to selecting projects for inclusion in the Program and making recommendations to the Legislature, the Commission shall allow for comments from the Applicant, and receive the preliminary recommendations of the Director. After considering each application, the Commission shall vote on whether to include a project in the Program and either adopt, amend, or reject the Director’s preliminary recommendations. Recommendations to the Legislature shall be made by placing Commission approved projects into one of the two draft Omnibus Water Bills (planning or construction). Projects shall not be considered a part of the Program until authorized and funded by the Legislature and Governor.

Section 8. Operating Criteria. Nothing in these rules shall preclude the Commission from establishing additional criteria for the evaluation and administration of projects pursuant to Wyoming Statute § 41-2-121.