Water Development Commission

General Agency, Board or Commission Rules

Effective Date: 06/21/2018 to 11/20/2020

Rule Type: Superceded Rules & Regulations

Reference Number: 029.0001.8.06212018

CHAPTER 8

DELEGATION OF DUTIES

Section 1. Applicability. These rules and regulations shall establish the specific administrative duties delegated by the Commission to the Office as authorized by Wyo. Stat. Ann. § 41-2-118 (a)(xvi).

Section 2. Purpose. In order for the Commission to facilitate the effective operation of the Program it is necessary to delegate certain administrative duties to the Office.

Section 3. Delegation of Duties. The Commission delegates the following administrative duties to the Office and the Office shall provide periodic progress reports to the Commission:

1. (a) Consult with and receive the views of persons, local groups, and organizations representing water users, special interests, industries and the public interest, and acquire data and information relating to water, water use, water conservation, and water quality from agencies, departments and other sources in the formulation of water resource plans to be adopted by the Commission;
2. (b) Coordinate water resource plans with other governmental agencies and departments;
3. (c) Administer federal or other sources of funding for water and land resource planning;
4. (d) Develop and provide recommendations to the Commission pertaining to the planning, selection, financing, identification of costs and benefits, construction, acquisition and operation of projects and facilities;
5. (e) Administer and provide the primary point of contact for all Level I reconnaissance studies and Level II feasibility studies;
6. (f) Administer and provide the primary point of contact for all Level III construction grants and loans;
7. (g) Plan, advertise and conduct public hearings, public meetings, public workshops to consult and receive views of interested persons for studies and projects authorized by the Commission;
8. (h) Operate and maintain facilities under the control of the Commission;
9. (i) Receive contributions from any legal subdivision of the state, tribal business council of the Eastern Shoshone or Northern Arapaho Indian tribes, private corporation or person for the operation, management and maintenance of any project or any interest in any facility or function of a project;

(j) Receive and acquire data relating to water, water use and water quality from any source as it relates to a project or study;

(k) Review and acquire additional information and provide recommendations to the Commission regarding all applications for funding;

(l) Report Commission findings and recommendations in the form of the Omnibus Water Bill – Planning and Omnibus Water Bill – Construction to the Governor and Legislature;

(m) Develop, produce and distribute an annual report on the Program’s activities, expenses, Commission-approved recommendations and other items to the Governor, Legislature, Joint Agriculture, State and Public Lands and Water Resources Interim Committee, and Joint Appropriations Committee;

(n) Deposit all funding application fees into water development account I;

(o) When assigned by the Commission, represent or advocate the State’s interests in negotiations and construction of water projects;

(p) Administer contracts and agreements with the United States of America or its duly authorized representative agencies;

(q) Administer grants for the exploration for and feasibility studies of use of underground water;

(r) In the Level I planning process, notify landowners whose lands may be flooded or otherwise physically affected by a proposed water development project;

(s) In the Level II planning process, consult with and provide copies of studies to landowners whose lands may be flooded or otherwise physically affected by a proposed water development project;

(t) In proceeding with Level III construction projects and upon direction by the Commission, negotiate in good faith with affected landowners and follow the requirements of the Wyoming Eminent Domain Act;

(u) File applications in the name of the State of Wyoming for permits to appropriate water for instream flows in those segments of streams recommended by the Game and Fish Commission;

(v) Administer instream flow feasibility studies and report findings to the Game and Fish Commission and Legislature;

(w) On behalf of the Commission, request a call for stream regulation to protect the priority of an instream flow water right;

(x) Administer Level III construction projects including, but not limited to, the performance of the following duties:

(i) Establish repayment schedules for project loans; (ii) Receive sponsor loan payments for project loans; (iii) Review and approve appropriate funding levels for sinking funds for repair and maintenance of projects; (iv) Review and approve construction budgets, construction plans and specifications; (v) Review necessary permits required to construct projects; (vi) Review and approve sponsor contracts for design and construction phase services; (vii) Review, approve and process sponsor requests for payment of grant and loan funds; and (viii) Serve as the Commission's representative on projects;

(y) Administer the small water project program including, but not limited to, the performance of the following duties:

(i) Review project applications and provide funding recommendations to the Commission; (ii) Review and approve construction budgets, plans and specifications; (iii) Monitor sponsor compliance with project agreements; and (iv) Review, approve and process sponsor requests for payment of grant funds;

(z) Administer reservoir operation and maintenance accounts, deposit all revenue derived from the lease or sale of water from these reservoirs into the appropriate accounts, and pay required loan, operation, maintenance, replacement and other contract obligations from these accounts;

(aa) Annually report to the Joint Agriculture, State and Public Lands and Water Resources Interim Committee and Joint Appropriations Committee any reservoir operation and maintenance account funds determined by the Commission to be in excess of the amount needed to meet the obligations of the accounts and, if approved by the Legislature, deposit excess funds into the designated water development account.