SUBJECT TO REVISION
Wyoming Water Development Commission Workshop & Meeting Online Only This meeting will be held remotely due to the COVID-19 health emergency. December 9-10, 2020
To live stream either event, follow the link provided at our website: http://wwdc.state.wy.us/. Please also check for any updates to the Agenda and E-Notebook.
Wednesday, December 9, 2020 - 1:30 p.m. Workshop Agenda:
1. Call to Order
2. Roll Call
3. Financial Status Report (A)
4. Review Public Hearings – Proposed Level III Projects (B)
5. Lance Creek Well Purchase (C)
6. Project Recommendation Updates • Lake Hattie Full Utilization Study, Level I (D) • LaPrele Irrigation District Dam Rehabilitation, Level II, Phase II (E)
7. Small Water Project Program Guidance Document Discussion (F)
8. Demo of Practical Applications of a GIS Tool Developed for Watershed Studies • Michael Henn, General Manager, Sublette County Conservation District
9. Legislative Process and Meeting Requests Discussion
10. Legislative Update • Survey and Aging Infrastructure Draft Bill Update • Level I and II Application Fees (G) • Gillette Madison Pipeline Project (H) • Agency Budget Reductions (I)
Thursday, December 10, 2020 - 8:30 a.m. Meeting Agenda:
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SUBJECT TO REVISION
1. Call to Order
2. Roll Call
3. Approval of Minutes (J) (Action Item) • November 4, 2020 – WWDC/SWC Workshop Minutes • November 5, 2020 – WWDC/SWC Meeting Minutes
4. Closeout Memos (Action Item) • Boulder Irrigation District Rehabilitation, Level II Study (K) • RBP GIS Data Model Implementation, Level I Study (L)
5. Colorado River Basin MOA Budget Modification (M) (Action Item)
6. Lance Creek Well Purchase (C) (Action Item)
7. Planning Contracts (Action Item) • Instream Flow Interagency Agreement – WWDC & WGFD (Mc) • Rock Creek & Trail Ridge Creek Instream Flows 2020, Level I Study (N)
8. Preparation for 2021 Legislature (Action Item) • Omnibus Water Bill – Planning (O) o Possible Amendments • Omnibus Water Bill – Construction (P) o Possible Amendments • Level I and II Application Fee Recommendation (G)
9. Level III Construction Project Updates (Q) • Eden Valley Farson Lateral Rehabilitation • Eden Valley ID System Improvements 2019
10. Discussion • Director Announcements
11. Future Meetings Schedule (R)
12. Adjourn
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WYOMING WATER DEVELOPMENT COMMISSION COMMISSIONERS May 2020
Kellen Lancaster, Chairman (R) (3/1/21) Water Division IV 287 Star West Drive Afton, WY 83110 (C) 307-212-8113
Clinton W. Glick, Vice-Chairman (R) (3/1/22) Wind River Indian Reservation P.O. Box 1308 Fort Washakie, WY 82514 (C) 307-349-0103
Ron Kailey Jr., Secretary (D) (3/1/23) Water Division I 2532 Plainview Rd. Cheyenne, WY 82009 (C) 307-631-7337
Gerald Geis (R) (3/1/21) Water Division III 600 Holly Avenue Worland, WY 82401 (H) 307-347-6443
Mark Kot (D) (3/1/23) Water Division IV 800 Rose Crown Circle Rock Springs, WY 82901 (H) 307-362-1488 (C) 307-350-9347 (W) 307-872-3917
Sheridan Little (R) (3/1/23) Water Division II P.O. Box 165 Leiter, WY 82837 (C) 307-620-0923
Mike Purcell (R) (3/1/21) Member-at-Large 317 Palm Springs Ave. Cheyenne, WY 82009 (H) 307-638-1118 (C) 307-630-7121
Larry Suchor (R) (3/1/21) Water Division II 21 Spruce Street Pine Haven, WY 82721 (H) 307-756-9491
Rodney K. Wagner (R) (3/1/21) Water Division I 3715 Road 86 Lingle, WY 82223 (H) 307-837-2786
Bill Yankee (I) (3/1/23) Water Division III 123 Dallas Dome Rd. Lander, WY 82520 (H) 307-332-6305 (C) 307-330-7922 WYOMING WATER DEVELOPMENT COMMISSION COMMISSIONERS
Kellen Lancaster, Chairman Water Division IV Clinton W. Glick, Vice-Chairman Wind River Indian Reservation Ron Kailey, Secretary Water Division I Gerald Geis Water Division III Mark Kot Water Division IV Sheridan Little Water Division II Mike Purcell Member-at-Large Larry Suchor Water Division II Rodney Wagner Water Division I Bill Yankee Water Division III
STAFF Brandon Gebhart Director David Ray Administrative/Fiscal Manager Janet Belmonte Accountant Nancy Casner Office Support Specialist Riley Taylor Business Office Coordinator
Barry Lawrence Deputy Director – Planning Kevin Boyce Project Manager Keith Clarey Project Manager Julie Gondzar Project Manager Jodie Pavlica Project Manager Chace Tavelli Project Manager
Jodee Pring Supervisor-River Basin Planning Mabel Jones Project Manager Mike Robertson Project Manager
Jason Mead Deputy Director – Dams & Reservoirs Andrew Linch Project Manager Brian Smith High Savery Dam Technician
Bryan Clerkin Deputy Director – Construction Bill Brewer Project Manager Sol Brich Project Manager Jason Fernandez Project Manager Walter Kramb Project Manager Wade Verplancke Project Manager
ADVISORS Darren Cook Attorney General’s Office Greg Lanning State Engineer Greg Kerr University of Wyoming Vacant Wyoming Business Council
Updated September 24, 2020 Wyoming Water Development Office Projections October 2020
WDA I 2020 Projection 80,494,024 Deduct: 2020 Omnibus Water Bills (33,326,588) Deduct: Non-Project Appropriation Agency Budget (8,090,333) Deduct: Non-Project Appropriation SEO Board of Control (14,278,062) Deduct: Non-Project Appropriation DWSRF (1,152,779) Deduct: Non-Project Appropriation SEO Interstate Streams (102,953) Deduct: Non-Project Appropriation Agriculture Water Quality (656,008) Subtotal 22,887,301 Income Projected Actual Difference Tax Income 19,300,000 19,297,500 (2,500) Interest Income 2,000,000 1,782,155 (217,845) Other 1,800,000 3,352,056 1,552,056 Subtotal-Income 23,100,000 24,431,711 1,331,711 Add: Reversions 3,301,401 2021 Projection 27,520,413
WDA II 2020 Projection 15,661,746 Add: Buffalo Bill Transfer 7,000,000 Deduct: 2020 Omnibus Water Bills (20,346,495) Subtotal 2,315,251 Income Projected Actual Tax Income 3,255,000 3,255,000 0 Interest Income 400,000 551,720 151,720 Other 1,000,000 2,190,060 1,190,060 Subtotal-Income 4,655,000 5,996,780 1,341,780 Add: Reversions 3,253,923 2021 Projection 6,910,954
WDA III 2020 Projection 63,209,051 Deduct: 2020 Omnibus Water Bills (39,000,000) Subtotal 24,209,051 Income Projected Actual Tax Income 775,000 775,000 (0) Interest Income 2,200,000 2,984,678 784,678 Subtotal-Income 2,975,000 3,759,678 784,678 Add: Reversions 0 2021 Projection 24,993,729 Water Development Account I Preliminary Fiscal Projections as of 10/21/2020
Cash Balance 6/30/19 111,753,311 FY20 Revenues Taxes 19,297,500 Interest 1,782,155 Loans/Interest 2,957,436 Other 394,620 Total Revenues 24,431,710 FY20 Expenditures Total Expenditures (31,183,901) Cash Balance 6/30/20 105,001,120 Outstanding Commitments 7/1/20 Active Appropriations (201,229,043) * Expenditures Paid 77,948,335 Total Commitments 7/1/20 (123,280,708) Total Uncommitted Balance 7/1/20 (18,279,587) FY21 Anticipated Revenues Taxes 19,300,000 Interest 2,000,000 Other 1,600,000 Total FY21 Anticipated Revenues 22,900,000 FY22 Anticipated Revenues Taxes 19,300,000 Interest 2,000,000 Other 1,600,000 Total FY22 Anticipated Revenues 22,900,000 Subtotal Anticipated Revenues 45,800,000 Balance Available for Appropriation 27,520,413
*Active Appropriations includes the funding for the Board of Control within the State Engineer's Office. Water Development Account II Preliminary Fiscal Projections as of 10/21/2021
Cash Balance 6/30/19 31,073,909
FY20 Revenues Taxes 3,255,000 Interest 551,720 Loans/Interest 2,190,060 Buffalo Bill Account 7,000,000 Total Revenues 12,996,780
FY20 Expenditures Total Expenditures (10,351,330)
Cash Balance 6/30/20 33,719,359
Outstanding Commitments 7/1/20 Active Appropriations (56,404,781) Expenditures Paid 20,686,376 Total Commitments 7/1/20 (35,718,405)
Total Uncommitted Balance 7/1/20 (1,999,046)
FY21 Anticipated Revenues Taxes 3,255,000 Interest 400,000 Loans/Interest 800,000 Total FY21 Anticipated Revenues 4,455,000
FY22 Anticipated Revenues Taxes 3,255,000 Interest 400,000 Loans/Interest 800,000 Total FY22 Anticipated Revenues 4,455,000
Subtotal Anticipated Revenues 8,910,000
Balance Available for Appropriation 6,910,954 Water Development Account III Preliminary Fiscal Projections as of 10/21/2020
Cash Balance 6/30/19 175,020,214
FY20 Revenues Taxes 775,000 Interest 2,974,803 Other 9,875 Total Revenues 3,759,678
FY20 Expenditures Total Expenditures (3,889,836)
Cash Balance 6/30/20 174,890,056
Outstanding Commitments 7/1/20 Active Appropriations (170,507,026) Expenditures Paid 14,660,699 Total Commitments 7/1/20 (155,846,327)
Total Uncommitted Balance 7/1/20 19,043,729
FY21 Anticipated Revenues Taxes 775,000 Interest 2,200,000 Total FY21 Anticipated Revenues 2,975,000
FY22 Anticipated Revenues Taxes 775,000 Interest 2,200,000 Total FY22 Anticipated Revenues 2,975,000
Subtotal Anticipated Revenues 5,950,000
Balance Available for Appropriation 24,993,729 2021 Project Hearing Tour Summary - December 1-3, 2020
Date/Time/Location Hearing Site Sponsor Project/Project Manager #Present Comments
TUES. DEC. 1 City Hall – Council Shoshone Irrigation District Shoshone Irrigation District 2 No Comments 12:00 – 12:04 PM Chambers Improvements 2021 WWDO: POWELL 270 N. Clark St. Bryan Clerkin Clerkin* Powell, WY WWDC: None TUES. DEC. 1 City Hall – Council Northwest Rural Water Northwest Rural Water 2 No Comments 12:05 – 12:09 PM Chambers District System Improvements 2021 WWDO: POWELL 270 N. Clark St. Chace Tavelli Clerkin* Powell, WY WWDC: None TUES. DEC. 1 Cowley Town Hall Sidon Irrigation District Sidon Irrigation District 1 No Comments 1:30 – 1:35 PM 20 S. Division St. Rehabilitation 2021 WWDO: COWLEY Cowley, WY Bill Brewer Clerkin* WWDC: None WED. DEC. 2 Wyoming State Engineer’s City of Torrington Torrington Well Connection 2 1 individual spoke in support of 9:00 – 9:05 AM Office Water Division I 2021 WWDO: the project. TORRINGTON 510 W. 27th Avenue Kevin Boyce Lawrence* Torrington, WY WWDC: None WED. DEC. 2 Town Hall – Council Salt Creek Joint Powers Salt Creek Transmission 9 3 individuals spoke in support of 2:00 – 2:09 PM Chambers Board Pipeline 2021 WWDO: the project. MIDWEST 531 Peake Street Chace Tavelli Lawrence* Midwest, WY WWDC: None THURS. DEC. 3 Jarvie Ranch Interstate Irrigation & Interstate Irrigation & 12 No Comments… all in attendance 1:02 – 1:07 PM 2919 County Road 1 Reservoir Irrigation District Reservoir Irrigation District WWDO: were in support of the project. MCKINNON McKinnon, WY 82938 Improvements 2021 Mead*
Jason Mead WWDC: None * Hearing Officer
21LSO-0310 v0.1 Proposed Amendment Select Water Committee
Page 19 – line 21 After “99-03-2103(b)(vi),” insert “and 99-3- 2503(m)(i)”
Page 24 – after line 16 Insert: “99-3-2503. Level III construction projects – new development.
(m) Project – Sheridan Area Water Supply Transmission 2020:
(i) Project sponsor: Sheridan Area Water Supply Joint Powers Board City of Sheridan;”
Page 24 – line 18 After “Section 3.” Insert “(a)”.
Page 24 – after line 22 Insert: “(b) In accordance with W.S. 41-2-115(c), upon a finding that the transfer of the test well developed as part of the level II feasibility study authorized under 2011 Wyoming Session Laws Chapter 1, Section 2, to the Lance Creek Water and Sewer District is desirable and in the public interest and that the District is capable of constructing, operating and maintaining the project and accomplishing the public interest, the water development commission shall transfer to the Lance Creek Water and Sewer District the test well developed as part of a level II feasibility study for further development by the District, provided the Lance Creek Water and Sewer District agrees to terms outlined by the commission for reimbursement of the expense of predevelopment costs, an amount which shall be not less than thirty-three thousand dollars ($33,000.00), payment for property and assurances of construction, operation and maintenance of the test well in compliance with all applicable state and federal laws.”
2021 WATER DEVELOPMENT PROGRAM RECOMMENDATION AGRICULTURAL WATER PROJECTS
Project Name: Lake Hattie Reservoir Full Utilization Study Program: New Development
Project Type: Reservoir Utilization County: Albany
Sponsor: Pioneer Canal Lake Hattie Irrigation District
WWDO Recommendation: Level I Proposed Budget: $250,000
Basis for the Funding Recommendation:
The Pioneer Canal Lake Hattie Irrigation District (PCLHID) is currently involved in a lawsuit with landowners concerning the elevation of Lake Hattie Reservoir. A ruling by the 10th Circuit Court of Appeals on December 13, 2019 reversed a decision by a lower court that had previously ruled in favor of PCLHID. The case has been remanded back to the lower court for additional proceedings. The 10th Circuit Court of Appeals agreed with the landowners that the boundary of the water’s edge, (as depicted on the original 1909 map accompanying the application for the reservoir,) defines the right-of-way easement for the reservoir. The elevation of the water surface was not defined on that map, but a surveyor hired by the landowners determined the elevation to be 7,258 ft above mean sea level. This elevation is 20 feet below the full storage capacity of the reservoir (as defined by the 7,278 ft spillway elevation). At 7,258 ft elevation, the storage capacity of the reservoir is significantly reduced and limits the irrigation district’s ability to store and put to use their permitted water rights. The 10th Circuit Court of Appeals has since declined to reconsider its original ruling and the storage limitations have gone into effect. The sponsor would like to evaluate projects and explore alternatives for reservoir operation that might “mitigate private landowner claims and restore full operational capacity to the reservoir.”
***As of October 28, 2020, the PCLHID has not reached a resolution regarding the lawsuit with the landowners around Lake Hattie. Following the 10th Circuit Court of Appeals decision to remand the case back to the lower court on December 13, 2019, the lower court has not had any additional proceedings. The parties in the lawsuit have attempted mediation, during July and August of 2020, but no resolution has been reached and those efforts have stalled. The PCLHID has indicated that there are no pending actions either in regards to additional mediation efforts or any indication of when the courts will reach a final decision on the lawsuit. ***
The Director’s original recommendation from the May, 2020 WWDC/SWC meeting was to postpone a funding decision on this project until the November meeting and after additional details of the Court’s decisions were determined. The project received preliminary approval in November; an estimated budget will be brought before both the Commission and Select Water Committees at their December meetings for further discussion and potential inclusion in the 2021 Omnibus Water Bill – Planning.
Project Manager: Mike Robertson
I. PROJECT DESCRIPTION
Lake Hattie is a reservoir owned and operated by the PCLHID to divert and store water from the Laramie River and Little Laramie River. There are 46 landowners and 17,920 acres that receive water, delivered via the Pioneer Canal, primarily for irrigating grass hay and alfalfa. The beneficial uses of water stored in the reservoir include: irrigation, municipal, industrial, fish propagation, flood control, power, and domestic use. The total storage capacity in Lake Hattie Reservoir is approximately 95,260 AF at a water surface elevation of 7,278 ft above mean sea level. This includes 30,000 AF of dead (inactive) storage in the reservoir and adjudicated (active) storage rights of 65,260 AF. The permitted storage is comprised of two water rights: a 1908 right for 28,426 AF, and a 1986 right for 36,834 AF.
The initial ruling of the lawsuit between the PCLHID and the plaintiffs, who own property adjacent to the reservoir, was decided in District Court on March 20, 2018. That court found that the right-of-way easement of Lake Hattie Reservoir was defined by the full extent of the reservoir at the spillway (high-water line) elevation of 7,278 feet
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 1 OF 7 above mean sea level. Subsequently, that ruling was reversed by the 10th District Court of Appeals on December 13, 2019 and remanded back to the lower court for additional proceedings. The opinion of the 10th Circuit Court of Appeals was that the right-of-way easement of Lake Hattie Reservoir is limited to the boundary shown on a 1909 map approved by the Department of Interior. The elevation of that boundary line is not clearly defined on the map. Survey data collected by a licensed surveyor hired by the plaintiffs indicated that the elevation of the boundary depicted on the 1909 map is 7,258 feet above mean sea level. At this elevation, Lake Hattie Reservoir has a total storage capacity of 42,900 AF, including 30,000 AF of dead storage and 12,900 AF of permitted storage available to the PCLHID. The reduced storage capacity is expected to substantially reduce the ability of the PCLHID to release water into Pioneer Canal to meet demands and fulfill water rights downstream. In addition, historically there have been sedimentation issues that cause problems using the outlet works and this would likely be exacerbated with a reduced storage capacity in the reservoir.
1. Existing and Prior Legislation:
Project Level Chapter Session Account Appropriation Reversion Year Lake Hattie Outlet Works III 118 2004 II $ 163,000 2010 Lake Hattie Dam III 75/14 2008/2012 II $ 282,000 2017 Lake Hattie Dam III 14 2012 II $ 840,000 2017
2. Describe the location of the project:
Lake Hattie is located 15 miles southwest of Laramie in Albany County, Wyoming.
3. Summarize the request:
The sponsor would like to “identify and evaluate projects that will mitigate private landowner claims and restore full operational capacity” to Lake Hattie Reservoir. The application also indicates that the request is to “explore a means of resolving the current conflict with the private landowners and Irrigation District.”
4. Summarize the reasons for the request:
The storage capacity of the reservoir will likely be reduced as a result of legal proceedings that affect the disputed right-of-way easement (high water line) of the reservoir. The current court ruling states that a specific map is to be used to define the high-water line of the reservoir. If this ruling is upheld, it will significantly reduce the storage capacity of the reservoir and substantially reduce the ability of the PCLHID to deliver water downstream.
II. WWDC ELIGIBILITY CONSIDERATIONS
1. Is the Sponsor a public entity? Yes A. If not, is the recommendation for a Level I study or Level I or II study for a dam and reservoir project? N/A 2. Project Priority According to WWDO Criteria: Acct I - Priority 8: LI Reconnaissance Studies
3. Will the project serve at least 1,000 water righted acres? Yes A. Number of Acres: 17,920
4. Is the sponsor eligible for funding from other state or federal programs? No A. If so, what are they? N/A 5. Is the Sponsor currently served by a regionalized water supply system (specify)? Or will the Sponsor consider regional solutions to the purpose and needs of its water supply system? N/A 6. Can the project be delayed or staged? Yes, the project may be delayed. The current status of the lawsuit is for the District Court to revisit its earlier findings in light of the opinion of the 10th District Court of Appeals. Although the current status of the lawsuit favors the landowners, there are specific details yet to be determined, including the
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 2 OF 7 water elevation of the right-of-way easement. The sponsor also indicated there may be additional legal challenges to these court findings. Until the final determination of the storage capacity of the reservoir is made, it may be difficult to fully evaluate the range of alternatives available to the sponsor. A. Should it be? Yes, the study should be delayed until the current litigation is finalized and the results of that litigation can be better evaluated.
III. PERTINENT INFORMATION
1. Existing Water Supply System A. Description of Direct Flow Supply (1) Direct Flow Diversion Right (CFS): 71.43 and 155.14 (2) Direct Flow Source (Name of River, Stream, etc.): Laramie River (3) Type of Diversion (Headgate, Pump, etc.): Headgate (4) Water Transmission System (Canal, Pipeline, etc.): Pioneer Canal B. Description of Stored Water Supply (1) Name(s) of Storage Facility (Reservoir): Lake Hattie (2) Location: Albany County (3) Amount of Stored Water Right (Acre-Feet): 28,426 acre-feet with a 1908 priority and 36,834 acre- feet with a 1986 priority (4) Is any of the stored supply obtained from a federal facility? N/A a. Percent of Total Supply from Federal Facility: 0 b. Amount of Stored Supply from Federal Facility (Acre-Feet): 0 c. Name(s) of Federal Facility: N/A C. Description of Groundwater Supply (1) Number of Wells: N/A (2) Primary Supply Aquifer(s) or Formation(s): N/A (3) Total Average Production Yield of All Wells (GPM): N/A D. Water Rights (1) For the water source supply (or supplies) described above, does the Sponsor possess valid and/or adjudicated water rights? Yes E. System Capacity (1) Maximum Capacity of the Water Supply System (Acre-Feet per Day or CFS): 800-1000 CFS (2) Increased Capacity Needed (If Known) (Acre-Feet per Day or CFS): None F. Water Usage (1) Estimate of Total Water Provided by the System Annually (Acre-Feet per Year): 35,000 (2) Average Day Demand (Acre-Feet per Day or CFS): 48 AF (3) Maximum Day Demand (Acre-Feet per Day or CFS): About 200 AF
2. Existing Service Area and On-Farm Information A. Service Area Information (1) How many total acres are in the district? 17,920 (2) How many acres are assessed? 17,920 (3) How many acres are irrigated? 17,920
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 3 OF 7
(4) What is the annual water delivery assessed (acre-feet per acre)? 2 (5) How many individual land owners receive water? 46 B. On-Farm Information (1) What is the normal irrigation season (e.g., May 1 – Sept. 30)? May to mid-August
(2) What type(s) of on-farm irrigation water applications is used (e.g., center pivot, side roll, flood, etc.)? Flood and Center Pivot (3) Briefly describe the main crops and cropping patterns: Grass Hay and Alfalfa. Typically, one cutting in July. (4) Describe the water measuring devices currently in use: Parshall flumes on main canals and most individual laterals. (5) Percentage of Farm Turnouts with Measuring Devices: 95% (6) Are water deliveries recorded? Yes (7) Estimated System Water Losses (Percentage): 30% (8) What water conservation measures are employed by the Sponsor? Unknown
3. Financial Information A. District Financing (1) Is the assessment based on acres, acre-feet delivered, acre-feet of storage, or other (specify)? Acres (2) How is voting authority delegated to water users (e.g., shares, individuals, number of acres, etc. )? Number of Acres (3) What is the per-unit amount of the current assessment? A&N Shares $4.69/acre; B Shares $3.23/acre; D Shares $1.00/acre; AD Shares $4.69/acre; C & Parker shares $2.82/acre (4) Is there is a basic service charge or first acre assessment in addition to assessments? If so, specify amount: N/A B. Financial Statement (1) Revenues
a. Annual Revenues Generated from Assessments: $ 79,355 b. Annual Revenues from Other Sources: $ 1,115 c. Total Annual Revenues: $ 80,470 (2) Expenditures
a. Annual Budget for Operation and Maintenance Expenses: $ 4,000 b. Annual Payments for Debt Retirement: $ 39,000 c. Annual Payments to a Repair and Replacement Fund: $ See note B d. Annual Payments to an Emergency Fund: $ None e. Annual Payments for Other Purposes: $ None f. Total Annual Payments: $ 43,000
(3) Other
a. Balance in Repair and Replacement Fund: $ As needed b. Balance in Emergency Fund: $ 45,000 c. Explanation (If Needed):
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 4 OF 7
When performing repairs to the system, funds have historically been taken and used from the money market account in which funds are placed, which was plentiful until the recent litigation. Note B: The district does not annually budget specific funds for repairs and replacements, but is required to maintain a sinking fund under the prior WWDC loans. The present amount of the sinking fund is approximately $45,000. (4) Is the operation of the water system self-supporting in terms of revenues offsetting costs for operation, maintenance, debt retirement, replacement funds, emergency funds, etc.? Yes
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 5 OF 7
PROJECT AREA MAP
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 6 OF 7
RESOLUTION
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 7 OF 7
2021 WATER DEVELOPMENT PROGRAM RECOMMENDATION AGRICULTURAL WATER PROJECTS
Project Name: LaPrele Irrigation District Rehabilitation, Phase II Program: Rehabilitation
Project Type: Agricultural Irrigation Supply County: Converse
Sponsor: LaPrele Irrigation District
WWDO Recommendation: Level II, Phase II Proposed Budget: TBD
Project Manager: Chace Tavelli
I. PROJECT DESCRIPTION
In 2018 the LaPrele Irrigation District requested a Level II study identifying rockfall hazards near the LaPrele Dam and development of a mitigation plan, including cost estimates, for such hazards. During the study, structural issues were identified on, and near, one of the Dam’s buttresses. The identified issues led to the Consultant writing a technical memorandum that included recommendations and holding a series of meetings. The result of these led to an amendment to modify the Scope of Work under the Level II study. (See LaPrele Irrigation District Rehabilitation, Level II, Amendment No. 1 and memo). In the 2020 Legislative session, an appropriation of $650,000 was allocated to continue the study to identify plausible alternatives for rehabilitation of the existing dam or for replacement of the existing dam and advance one or two for further analyses. To date, five alternatives have been identified; an infill of the existing dam and a roller compacted concrete replacement dam have been recommended for advancement to a next level of analyses. The Office and the District believe it is important to continue with the study to determine potential funding alternatives and move towards a feasibility level design and cost estimate.
1. Existing and Prior Legislation: Project Level Chapter Session Account Appropriation Reversion Year LaPrele Rehabilitation Project III 25 1984 II $ 1,500,000 1989 LaPrele Irrigation District Master I 65 2017 II $ 190,000 2020 Plan LaPrele Irrigation District II 105 2019 II $ 290,000 2022 Rehabilitation LaPrele Irrigation District II 150 2020 II $ 650,000 2023 Rehabilitation Phase II
2. Describe the location of the project:
The LaPrele Irrigation District is located west and south of Douglas, Wyoming along Interstate 25 in Converse County. The Dam is located on LaPrele Creek approximately 5 miles south of I-25, and upstream of the Natural Bridge.
3. Summarize the request:
The requested appropriation (TBD) would increase the project budget to allow the consultant to be able to further the necessary analyses on the preferred alternatives.
4. Summarize the reasons for the request:
This recommendation is to increase the project’s budget to continue analyzing the preferred alternatives, identify funding opportunities, and develop more refined cost estimates.
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 1 OF 9 II. WWDC ELIGIBILITY CONSIDERATIONS
1. Is the Sponsor a public entity? Yes A. If not, is the recommendation for a Level I study or Level I or II study for a dam and reservoir project? N/A 2. Project Priority According to WWDO Criteria: 7 - Level II Feasibility Studies
3. Will the project serve at least 1,000 water righted acres? Yes A. Number of Acres: 11,462 4. Is the sponsor eligible for funding from other state or federal programs? Yes A. If so, what are they? NRCS 5. Is the Sponsor currently served by a regionalized water supply system (specify)? Or will the Sponsor consider regional solutions to the purpose and needs of its water supply system? N/A 6. Can the project be delayed or staged? Yes A. Should it be? No 7. Basis for the 2019 Funding Recommendation:
The LaPrele Irrigation District is in the process of completing a Level I reconnaissance level Master Plan and would like to advance the study to Level II feasibility status in preparation for Level III construction funding. However, due to lack of available funds in WDA II and this project having a lower priority than other projects, the WWDO is recommending no funding at this time. If the proposed transfer of funds ($5,500,000) from WDA I to WDA II is approved by the Legislature and Governor, the WWDO then recommends funding of this project.
III. PERTINENT INFORMATION
1. Existing Water Supply System A. Description of Direct Flow Supply (1) Direct Flow Diversion Right (CFS): 188.32 (2) Direct Flow Source (Name of River, Stream, etc.): LaPrele Creek (3) Type of Diversion (Headgate, Pump, etc.): Headgate (4) Water Transmission System (Canal, Pipeline, etc.): Canal, tunnels, and siphons B. Description of Stored Water Supply (1) Name(s) of Storage Facility (Reservoir): LaPrele Reservoir (2) Location: Southwest of Douglas on LaPrele Creek (3) Amount of Stored Water Right (Acre-Feet): 20,000 AF (4) Is any of the stored supply obtained from a federal facility? No a. Percent of Total Supply from Federal Facility: N/A b. Amount of Stored Supply from Federal Facility (Acre-Feet): N/A c. Name(s) of Federal Facility: N/A C. Description of Groundwater Supply (1) Number of Wells: N/A (2) Primary Supply Aquifer(s) or Formation(s): N/A (3) Total Average Production Yield of All Wells (GPM): N/A
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 2 OF 9
D. Water Rights (1) For the water source supply (or supplies) described above, does the Sponsor possess valid and/or adjudicated water rights? Yes E. System Capacity (1) Maximum Capacity of the Water Supply System (Acre-Feet per Day or CFS): 175 CFS (2) Increased Capacity Needed (If Known) (Acre-Feet per Day or CFS): 225 CFS F. Water Usage (1) Estimate of Total Water Provided by the System Annually (Acre-Feet per Year): 8,024 (2) Average Day Demand (Acre-Feet per Day or CFS): 75 Acre-Feet per Day (3) Maximum Day Demand (Acre-Feet per Day or CFS): 300 Acre-Feet per Day
2. Existing Service Area and On-Farm Information A. Service Area Information (1) How many total acres are in the district? 31,703 (2) How many acres are assessed? 11,462 (3) How many acres are irrigated? 11,462 (4) What is the annual water delivery assessed (acre-feet per acre)? 1 (5) How many individual land owners receive water? 104 B. On-Farm Information (1) What is the normal irrigation season (e.g., May 1 – Sept. 30)? May 1 - September 30 (2) What type(s) of on-farm irrigation water applications is used (e.g., center pivot, side roll, flood, etc.)? Center pivot, side roll, gated pipe, and flood (3) Briefly describe the main crops and cropping patterns: Perennial wheat/grass hay (4) Describe the water measuring devices currently in use: Cipoletti weirs, parshal flumes, weirs (5) Percentage of Farm Turnouts with Measuring Devices: 100% (6) Are water deliveries recorded? Yes (7) Estimated System Water Losses (Percentage): 40% (8) What water conservation measures are employed by the Sponsor? Sprinklers, water measurement devices, delivery management
3. Financial Information A. District Financing (1) Is the assessment based on acres, acre-feet delivered, acre-feet of storage, or other specify)? Acres (2) How is voting authority delegated to water users (e.g., shares, individuals, number of acres, etc.)? Individuals (3) What is the per-unit amount of the current assessment? $15 per acre (4) Is there is a basic service charge or first acre assessment in addition to assessments? No
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 3 OF 9
B. Financial Statement (1) Revenues a. Annual Revenues Generated from Assessments: $ 171,933 b. Annual Revenues from Other Sources: $ 0 c. Total Annual Revenues: $ 171,933 (2) Expenditures a. Annual Budget for Operation and Maintenance Expenses: $ 171,933 b. Annual Payments for Debt Retirement: $ 0 c. Annual Payments to a Repair and Replacement Fund: $ 0 d. Annual Payments to an Emergency Fund: $ 0 e. Annual Payments for Other Purposes: $ 0 f. Total Annual Payments: $ 171,933 (3) Other a. Balance in Repair and Replacement Fund: $ 24,000 b. Balance in Emergency Fund: $ 0 c. Explanation (If Needed): N/A (4) Is the operation of the water system self-supporting in terms of revenues offsetting costs for operation, maintenance, debt retirement, replacement funds, emergency funds, etc.? Yes
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Project Area Map
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Photo
LaPrele Reservoir Dam
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Resolution
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2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 8 OF 9
Letter
2021 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 9 OF 9 2021 STATE OF WYOMING 21LSO-0316 Working Draft 0.3
DRAFT ONLY NOT APPROVED FOR INTRODUCTION
HOUSE BILL NO.
Small water program.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to water development; establishing a
2 maximum cumulative grant award for multiple small water
3 program projects at the same facility or location;
4 clarifying notice requirements for small projects; and
5 providing for an effective date.
6
7 Be It Enacted by the Legislature of the State of Wyoming:
8
9 Section 1. W.S. 99-3-1903(k)(viii)(B) and by creating
10 a new subparagraph(G) is amended to read:
11
12 (viii) Special conditions:
13
1 [Bill Number] 2021 STATE OF WYOMING 21LSO-0316 Working Draft 0.3
1 (B) The commission may grant a sponsor fifty
2 percent (50%) of the construction cost of a project with a
3 maximum grant awarded limited to thirty-five thousand
4 dollars ($35,000.00), provided the commission may award
5 grants for multiple projects at the same facility or
6 location, at different times, so long as the multiple
7 projects involve different components and the total grants
8 awarded to the sponsor for the same facility or location do
9 not cumulatively exceed thirty-five thousand dollars
10 ($35,000.00) over any ten (10) year period;
11
12 (F) The establishment of criteria and administrative
13 procedures for the development of small projects under this
14 subsection and decisions of the commission relating to the
15 recommendations, prioritization or disqualification of
16 small projects are specifically exempt from the provisions
17 of the Wyoming Administrative Procedure Act including
18 judicial review under W.S. 16-3-114 and 16-3-115.;
19
20 (G) The commission shall evaluate whether each
21 small project funded under this subsection is a “public
22 work” as defined in W.S. 16-6-101(a)(ix). If the commission
23 determines that a small project is not a public work, the
2 [Bill Number] 2021 STATE OF WYOMING 21LSO-0316 Working Draft 0.3
1 commission shall not require the small project to comply
2 with the notice requirements of W.S. 16-6-116.
3
4 Section 2. W.S. 99-3-1904(m)(viii)(B) and by creating
5 a new subparagraph(G) is amended to read:
6
7 (viii) Special conditions:
8
9 (B) The commission may grant a sponsor fifty
10 percent (50%) of the construction cost of a project with a
11 maximum grant awarded limited to thirty-five thousand
12 dollars ($35,000.00), provided the commission may award
13 grants for multiple projects at the same facility or
14 location, at different times, so long as the multiple
15 projects involve different components and the total grants
16 awarded to the sponsor for the same facility or location do
17 not cumulatively exceed thirty-five thousand dollars
18 ($35,000.00) over any ten (10) year period;
19
20 (F) The establishment of criteria and
21 administrative procedures for the development of small
22 projects under this subsection and decisions of the
23 commission relating to the recommendations, prioritization
3 [Bill Number] 2021 STATE OF WYOMING 21LSO-0316 Working Draft 0.3
1 or disqualification of small projects are specifically
2 exempt from the provisions of the Wyoming Administrative
3 Procedure Act including judicial review under W.S. 16-3-114
4 and 16-3-115.;
5
6 (G) The commission shall evaluate whether each
7 small project funded under this subsection is a “public
8 work” as defined in W.S. 16-6-101(a)(ix). If the commission
9 determines that a small project is not a public work, the
10 commission shall not require the small project to comply
11 with the notice requirements of W.S. 16-6-116.
12
13 Section 3. This act is effective July 1, 2021.
14
15 (END)
4 [Bill Number] DECEMBER 1, 2020
DRAFT GUIDANCE DOCUMENT SMALL WATER PROJECTS PROGRAM WYOMING WATER DEVELOPMENT COMMISSION
JODIE PAVLICA, PE PROGRAM MANAGER Wyoming Water Development Office
Table of Contents Chapter 1 Program Eligibility ...... 3 Public Entities ...... 3 Public Benefit ...... 3 Estimated Total Project Cost...... 3 Project Readiness ...... 4 Chapter 2 Eligible Projects ...... 5 Small Reservoirs ...... 5 Wells ...... 5 Solar Platforms, Pipelines & Conveyance Facilities, Windmills ...... 5 Spring Development ...... 5 Wetland Development ...... 5 Environmental Projects ...... 6 Irrigation Projects...... 6 Rural Community Fire Suppression ...... 6 Recreational ...... 6 Ineligible Projects/Expenses ...... 6 Chapter 3 Project Evaluation ...... 8 Project Description ...... 8 Project Location (Private, State, Federal) ...... 8 Project Partners ...... 8 Project Priorities ...... 8 Account I Priorities ...... 9 Account II Priorities ...... 9 Shovel Ready ...... 9 Limited Funding Analysis ...... 9 Chapter 4 Project Development & Construction ...... 11 Sponsors’ Responsibilities ...... 11 Notice to Proceed ...... 11 Project Sponsor Checklists ...... 11 Project Changes After Funding Award ...... 11 Bid Process ...... 12
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Certification of Completed Project ...... 12 Project Timeline ...... 12 Chapter 5 Payments & Funding ...... 14 Eligible Expenses...... 14 Required Documentation ...... 14 Key Dates for Payment ...... 14
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Chapter 1 Program Eligibility Starting in 2021, Small Water Project applications are due by November 15th of each year. Applications may be downloaded from the Small Water Project Program website at: https://wwdc.state.wy.us/small_water_projects/small_water_project.html
Applications may be submitted digitally to the Small Water Project Program Manager ([email protected]), or by mail to 6920 Yellowtail Rd, Cheyenne, WY 82002. Applications must be fully completed and signed by an authorized representative of the applying public entity. Applications must also contain a map of the project area that documents the location of the project and the proposed project components. Public Entities Applications for Small Water Projects may be submitted by eligible public entities as defined by the program criteria. Applications cannot be accepted from landowners.
The public entity is accepting several important responsibilities with a successful application to the Small Water Project Program. Successful Applicants (Sponsor’s) will enter into a contractual arrangement with the Water Development Commission. Under this agreement sponsors are required to provide project designs, specifications, proof of permits, certify that a project has met all legal requirements necessary for construction, submit the project payment request, complete the statutorily required 41-day advertising, and make sure that all necessary deadlines are met prior to the expiration of the Project Agreement. It is important for the project sponsor to know that the Water Development Office (WWDO) is available to help with these tasks, but the responsibility for their completion is ultimately that of the sponsor. In other words, the WWDO will not allow the project sponsor to apply for the project, then turn over their responsibilities to the landowner. Public Benefit The Small Water Project Program is a State of Wyoming Funded Grant Program. Eligible projects will improve watershed condition and function, provide multiple benefits, and meet the funding criteria specified by Wyoming Statutes.
Wyoming Statutes 99-3-1903(k)(viii)(c), and 99-3-1904(m)(viii)(c) require that the public benefit of the project be substantiated by the project sponsor. Section 24 of the project application is provided for the Sponsor to document these benefits. This information will be quoted in the recommendation that is submitted for the Commission’s approval at their March meeting. If the Commission believes that the public benefit is inadequate to justify the project grant they may ask the project sponsor to testify, to assist them in their decision to fund the project. Estimated Total Project Cost Section 29 of the project application includes the Sponsor’s Estimated Total Project Cost. This value is used to determine the requested grant. The program legislation allows a 50% grant on eligible project expenses up to $35,000. The sponsor’s provided estimated cost is not adjusted by the WWDO, therefore it is important for the project sponsor to include in that estimate all eligible expenses, including estimates for contingencies. Authorization for the grant amounts is based on the provided cost estimates. The WWDC can not authorize additional grant funding for the project after the project application is accepted.
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Project Readiness Section 31 in the application gives project sponsors who wish to apply for shovel ready status the opportunity to document their readiness for construction. This step is not required for an application to be complete and recommended for funding. This is only required for projects that wish to seek a shovel ready funding priority. (Please refer to Chapter 3 for more information.) If a project sponsor is not seeking shovel ready status then it is better if the application and map are all that is provided. Project checklists are not helpful at this stage because the project design is incomplete, and as a result there are too many final details to be completed for the checklist to be relevant.
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Chapter 2 Eligible Projects Section C in the program criteria documents eligible project types. Projects are defined according to 11 specific definitions outlined in this section. Project eligibility is further determined by public benefits accrued as described in the previous chapter. Small Reservoirs The program criteria include small reservoirs as an eligible project type. The criteria do not limit the size of the reservoir, the use of the reservoir, or the cost of the reservoir. Project applications will be reviewed for public benefit and constructability based on the project description provided in the application. Project funds may also be used to rehabilitate existing small reservoirs. Wells Wells may be eligible for program funding depending on the depth of the well and scope of the project. Wells are divided into two categories, those that are drilled into proven aquifers and those that are drilled into unproven aquifers. The distinction of a proven vs unproven aquifer determines the requirements upon which the project is eligible for payment, with the primary difference being in the acceptance of risk.
If the proposed well is targeting an unproven aquifer, then the sponsor accepts the risk of proceeding with the project, knowing that if the quality or quantity of the well isn’t sufficient to meet the demands of the project that they will have to bear the full cost. The program criteria explain this distinction in further detail. In order to facilitate the determination of a proven or unproven aquifer the project sponsor is required to provide a geologic report on the proposed well site prior to the issuance of Notice to Proceed. The geologic report will be reviewed by a professional geologist at the Water Development Office. If the proposed well is determined to be targeted for an unproven aquifer then the sponsor will be notified prior to the issuance of Notice to Proceed so that they may decide if they want to accept the risk associated with this designation. Solar Platforms, Pipelines & Conveyance Facilities, Windmills Solar Platforms, Pipelines & Conveyance Facilities, and Windmills are all eligible for program funding. These project components are frequently bundled with other project components like wells, and may be new construction or the rehabilitation of existing facilities. Stock water troughs and storage tanks are also eligible for funding as they are required to beneficially use the water, and beneficial use of the water is required before funds can be issued. Larger projects that may need to be phased, such as long stock water pipelines, are eligible for program funding as long as each phase provides a beneficial use of the water when it is complete. Spring Development Improving flows of existing springs and installation of collection facilities associated with springs may be eligible for program funding. These projects are frequently bundled together with tanks and solar systems. Wetland Development The development of wetlands may be eligible for funding through the program. Wetland projects must provide multiple benefits in addition to those discussed in the public benefit section of the application.
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Environmental Projects Environmental projects are defined as those that provide for stream bank stability, water quality improvements, or erosion protection. Projects outside of this definition may be eligible for funding under another project definition such as wetland development, recreational, or small reservoir. Irrigation Projects Program criteria states that Irrigation Projects may be eligible for funding through the program. This does not provide much guidance for the project sponsors as to which irrigation projects are eligible and which are not. One of the goals of this document is to provide that guidance. See the list below for more details
1. On Farm Improvements: On farm improvements such as center pivots and their appurtenances are not eligible for small water program funding. These projects don’t meet the public benefit requirements outlined earlier in this document. 2. Ditch to pipe conversions: The conversion of an earthen ditch to pipe is an eligible project, with the understanding that the program will not pay for gated pipe for the same reason that center pivots are not eligible. 3. Diversion structures: Diversion structures are eligible projects, including those that are designed to be fish friendly using rock check structures. 4. Large projects that need to be phased: Large projects that may need to be phased are eligible for program funding as long as each phase provides a beneficial use of water when it is complete. As an example, the WWDC won’t provide reimbursement funds for a well that is not pumping water into a tank. The same rule applies for larger irrigation projects. Rural Community Fire Suppression Projects eligible for rural community fire suppression include projects that are in keeping with the larger Agency mission of “Supply, Transmission, and Storage”. Projects that would not be eligible include: distribution lines, fire hydrants, irrigation systems for the purposes of green area buffer zones, etc. Recreational Recreational projects may be considered for funding through the Program. Projects must meet the same public benefit standards required of other projects. Eligible projects might include, but are not limited to: stream channel projects for the purposes of habitat improvement, fish passage, or fish screens. Ineligible Projects/Expenses Over the years there have been several project types that are regularly requested that are not recommended for funding. Those are listed below.
1. Cleaning or reshaping an earthen ditch: This is considered maintenance and is therefore not eligible for project funding. 2. Flumes and Measurement Devices: Measurement devices are often installed as a result of a regulatory mandate from a permitting agency. These expenses are the responsibility of the permit holder and not eligible expenses in the program. 3. On Farm Projects: These projects often have a difficult time providing the necessary public benefit documentation required by the legislation.
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4. Drinking Water Projects: Projects to develop drinking water supply are not eligible 5. Fencing: Fencing is only eligible as it is used to protect infrastructure that is installed by the program. Program funds shall not be used to fence off riparian areas or wetland habitats. 6. Distribution Systems for Rural Community Fire Suppression: The installation of water distribution lines for the purposes of Rural Community Fire Suppression are not eligible for funding. Eligible projects must focus on supply, storage, or transmission. 7. Rehabilitation of a structure that has already been rehabilitated once. Program criteria limit projects to a one-time construction of a new project, a single rehabilitation of an existing project, or eligible subsequent appropriations provided the total grant doesn’t exceed $35,000. 8. Completed Projects: Program criteria prohibit the use of funds for the purposes of refinancing projects that have already been completed. 9. Sponsor budgets: Program criteria prohibit funds being used to augment operating budgets. Therefore, sponsors may not send invoices for employee time unless those employees are Licensed Professional Engineers or Geologists whose time was directly used to prepare Small Water Project deliverables. 10. Maintenance: Program criteria prohibit the use of funds for the purposes of maintenance. 11. Personal Items used to complete the project: Items like tools, fuel, generators, and extended warranties that were purchased through the course of the project are not eligible for reimbursement.
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Chapter 3 Project Evaluation Beginning in 2021, new project applications will be due by November 15th. This will give the Office time to evaluate the number of applications and prepare a request for funding the Small Water Program accounts with approval by the Commission and Select Water Committee at their December\January meetings.
Applications will be reviewed for eligibility and completeness by the Water Development Office and recommendations on specific projects will be made to the Commission and Select Water Committee at their March meetings. Applications may be downloaded at the following website. https://wwdc.state.wy.us/small_water_projects/small_water_project.html Project Description This is an important part of the project application not only for describing the project in general terms to understand the larger picture benefits, but also for specifically detailing the project components that are proposed for installation. This information is used to determine eligibility and is included in the recommendation that is presented to the Commission for their approval. Any project changes that may be requested later in the project are first compared to the project description that was approved by the Commission. No changes will be approved by the office without Commission consideration if they are outside of the approved project description.
Additionally, the sponsor shall identify if the work is to be preformed on a project that has already been funded by the Small Water Project Program and that the total of all appropriations for the project do not exceed $35,000. Project Location (Private, State, Federal) Eligible projects may be located on Federal, State, other public, or private lands. Items 26 and 27 are included in the project application to document the owner of the land that the project is being constructed on and the owner of the project components that are being installed. Because these two owners are not always the same, this information is used to determine what documentation will be required for Notice to Proceed. If the project is being installed by someone who is different than the person who owns the land that it is being installed on, then a letter of approval will be required from the landowner prior to the issuance of construction. This saves money on formal legal authorizations, but still documents the landowner’s awareness and acceptance of the project. These letters can come from federal agencies, private landowners, or public entities like the State of Wyoming. Project Partners Section 25 in the application is titled “Project Participants”. This is the section of the application that documents who will be contributing to the project and what their role will be. Things like financial and technical oversight should be listed here. This data will help the Office determine if the project is ready for grant funding or if more project development time is required before a grant is awarded. Project Priorities Project priorities were established in the program criteria to effectively and efficiently utilize available program funds when the demand for grant dollars exceeds availability. Project priorities are listed below. Please note that the program priorities are not directly equivalent to the eligible project
8 | Page definitions identified in Chapter 2. This is because the project priorities are primarily looking at the purpose of the project, not the project type. In order to assign the new project applications to a priority, the Office relies heavily on the Project Description, the project components table, and the public benefits statement provided with the application. Listed below with the project priority are some example projects and where they might fit into the priority system. Account I Priorities 1. Source Water Development: Wells, New Spring Developments 2. Storage: New Small Reservoirs, Wetlands 3. Pipelines, Conveyance Facilities, Solar Platforms, and Windmills: Stock water systems, pipelines, etc. 4. Irrigation: New irrigation infrastructure (not rehabilitation of an existing system) 5. Environmental: Stream bank stabilization projects 6. Recreational: Fish or habitat projects not associated with irrigation system improvements Account II Priorities 1. Diversion Structures and Spring Developments: Rehabilitation of existing diversions and spring developments 2. Storage: Rehabilitation of a washed-out stock pond, wetland restoration if an embankment is required 3. Pipelines, Conveyance Facilities, Solar Platforms, and Windmills: Rehabilitation of existing systems 4. Irrigation other than the above: Rehabilitation of turnouts or other in canal structures 5. Environmental 6. Recreational Shovel Ready Projects that are ready for construction before applying for Program funding may request a “shovel ready” classification. Projects receiving this classification may be considered as a priority at the Commission’s discretion. This is usually represented with a #1 priority, as the projects would be ready to start as soon as the contracts are signed putting the Commission’s money to work on the ground sooner. In order to qualify as a “Shovel Ready” project the application must include the following:
1. Completed 100% design plans 2. Specifications as necessary to instruct a contractor in proper construction 3. Letter’s of authorization from landowners as necessary 4. Before photos 5. One Call Notifications or other utility crossing approvals 6. All necessary permits 7. Finalization of all other necessary financial agreements
If these items are provided with the application, a Notice to Proceed Review will be completed to establish the project’s readiness for construction. Limited Funding Analysis Program Criteria allow the Commission to prioritize applications according to project priority during times of limited funding. New projects applications will be assigned a priority according to their
9 | Page primary project purpose as outlined in the project description and public benefits sections. It is recommended that the project sponsor include a detailed cost estimate with their application that includes a breakdown of project costs. This will allow the Office to better understand where project funds will be spent, which will allow for a more accurate classification of project priority.
Project Applications will be cut off at an even priority, no effort will be made to fund projects in the next highest priority if not all of the projects within that priority can be funded. The money would stay in the Small Water Program Accounts and roll over to be used the next year. Additionally, the Commission may take into consideration a sponsor’s existing back log of previously funded projects that are not completed when awarding grants for new projects.
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Chapter 4 Project Development & Construction After new project applications are approved by the Commission and Select Water Committee, projects will require the approval and signature of the sponsors governing body on a Project Agreement between the State of Wyoming and the sponsoring district. The project sponsor may proceed with project development after the final signed document is received by the Water Development Office. Sponsors’ Responsibilities The sponsor is responsible for acquiring all necessary access agreements, permits, plans, specifications, change orders, operation & maintenance plans, funding participation & construction budgets, and any other document deemed necessary by the Commission. These documents will be submitted to the Office for review with the signed and completed checklists available for download at the Small Water Projects Program website. The documentation described above should be submitted to the Office prior to the start of any construction. Notice to Proceed The previous section discusses the documents that the Sponsor is required to provide the Office before written authorization to begin with construction will be issued. That written authorization is called “Notice to Proceed”. The purpose of the review is to document the Sponsor’s readiness to begin construction, and to document the project components that are being installed. This documentation will be used to ensure correct payments when reimbursement for completed construction is requested at the end of the project. If the Sponsor initiates the construction process without prior written notification by the Commission, then the Sponsor shall bear all costs resulting from said action. Project Sponsor Checklists To aid the project sponsor with their project development responsibilities and to help with communication between the Office and Sponsor, two checklists were developed. The first is the Project Sponsor Checklist. It includes a list of items that are required by the Office, and several more items that are often required by other State and Federal Agencies. Many of these items will be required before Notice to Proceed will be issued. For those components that are not always required, like a 404 permit, there is a NA box for the sponsor to check on the form. The Project Sponsor Checklist was designed to be filled out and signed right before the Sponsor is ready to submit a project for a Notice to Proceed Review, so the sponsor can use it to ensure the package is complete. It is much less helpful when this checklist is provided with the project application (unless shovel ready). This is because in most cases the project still has to complete final designs and acquire permits when the application is submitted, and that process often changes the sponsors answers on the checklist.
The second checklist that is required by the office is the Sage Grouse Analysis Sheet. The purpose of this checklist is to document the projects location relative to Sage Grouse Core Area and specific Sage Grouse Leks. Based on the answers provided in this document, guidance in the Notice to Proceed Letter will be given regarding project construction timing. Project Changes After Funding Award It is common with all types of construction for unexpected things to happen while working on a project. Small Water Projects are no exception. Therefore, it is important for project sponsors to stay in touch with the Office when changes are necessary to ensure that there are no problems with payments upon
11 | Page completion. Sponsors should either call or email the office before committing to any changes that might affect funding. The Office will document the change and provide a written approval for the sponsor’s records.
The exception to this would be if the changes were significant enough to bring the project outside of the description in the Recommendation presented to the Commission when the initial application was approved. In that case, approval for a proposed change might have to wait until approval could be obtained at an upcoming Commission Meeting. Bid Process Program criteria require that construction contractors be selected using a competitive bid process. Sponsors should establish a procedure with their boards that is fair, open, and well documented. Records should be kept for the bid process on each project so they are available if they are requested by the Commission. Certification of Completed Project Program criteria require that the project engineer certify the project is functioning in the manner intended and providing a beneficial use of water before funds can be disbursed. In practice, this is sometimes difficult for project sponsors, so the Office also accepts a letter of inspection from a federal agency stating they have inspected the project and it is functioning in the manner intended and providing a beneficial use of water. Inspections by the project sponsor are not an acceptable substitute for the letter from a federal agency or signed as-built plans from the Engineer. Project Timeline New Projects will expire on December 31st approximately 2 ½ years following the signatures on the project agreement. The bullets below give an overview of project deliverables and timelines:
1) Beginning in 2021, applications will be due by November 15th. Project funding is awarded at the March Commission and Select Water Committee meetings the following spring. 2) Immediately following the project approval, agreements are sent to the Sponsors for signature by the respective district board. 3) After the sponsor signs the Project Agreement, all copies are sent back to the Office for additional processing. At this time the sponsor may begin to acquire permits, final designs, specifications, access letters (if necessary), before photos, and any other documentation required for construction. 4) When the documentation addressed in the previous item is complete, the project sponsor should assemble the required documentation along with signed copies of the Project Sponsor and Sage Grouse Checklists, available from the Small Water Website, and send to the Small Water Projects Program Manager ([email protected]) for review. 5) After the previous documents have been reviewed, the Office will provide any questions or comments to the sponsor in writing, usually via email. Once the Project Sponsor addresses the questions/comments, a Notice to Proceed Letter will be issued. This letter authorizes the project sponsor to begin construction. If construction begins before the date on the Notice to Proceed Letter, then according to the program criteria it is ineligible for program funding. a) Project sponsors may, however, purchase off the shelf materials (such as pipe and troughs) in advance of the notice to proceed letter, as long as they are willing to accept the risk that if the plans are changed by the final plan review and the purchased materials are not longer required,
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they are solely responsible for those costs. This exception does not include the construction of custom items such as diversion boxes that are sized specifically for the project in the final plans. 6) Once the Sponsor receives their Notice to Proceed Letter, construction may begin. Project criteria require the selection of a construction contractor through a competitive bid process. The project sponsor is responsible for establishing the process through which Contractors are selected, and for maintaining a record of the bid process should the Office request a copy of the records. 7) After completion of project construction, the project sponsor will need to prepare a payment request for reimbursement of expenses, and begin the statutorily mandated 41-day advertising period. It is important that project sponsors keep very close track of project invoices as payment can only be made based on itemized invoices. Similarly, an “Affidavit of Publication” should be provided to document the completion of the 41-day advertising period. 8) After receipt of the complete payment request package, the Office will review the documents provided by the project sponsor and provide any comments. Once the questions/comments are addressed then project funds are released to the project sponsor. Project sponsors are paid for 50% of invoiced eligible expenses up to $35,000 not to exceed the approved grant amount. Remaining grant funds will revert to the small water program accounts for use on other projects. Program legislation allows for progress payments to be made throughout the project, but program criteria limit these types of payments to components that are providing beneficial use of water. In practice, most project sponsors prefer one payment request at the end of the project.
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Chapter 5 Payments & Funding Eligible Expenses Small Water Program funds may be used for design, permit procurement, project land procurement, construction engineering (design and construction engineering), project materials, and invoiced contractor expenses.
In kind expenses, such as labor and materials are also eligible for reimbursement as long as they were purchased specifically for the project as documented by invoices. All invoices/receipts will be reviewed for ineligible items such as tools, extended warranties, personal items, portable generators, fuel, and fencing beyond that which is necessary for protection of the installed infrastructure. In kind invoices will also be reviewed for mileage and hourly labor rates. The Office understands that these rates will vary across the state, so no preapproved mileage and labor rates are provided. However, the sponsor should be prepared to document the rates used should there be a need to review their reasonableness. Required Documentation Program Criteria lists several items that are required of each small water project. In addition to the items in the Criteria, the office also has a few items that that are required before final payment can be made. The required submittals are listed below.
Operation and Maintenance Plan Certified Pay Request from Sponsor Signed Contractor Invoices Before & After Photos Latitude & Longitude Coordinates Affidavit of Publication of Final Settlement Final As-Built Drawings, or a Letter of Certification that the project is providing beneficial use and functioning in the manner intended from a Federal Agency Finalized SEO Paperwork for Wells
Many of these items are required before notice to proceed is issued. However, because of their importance, a review of the file will be conducted before final payment is made to make sure that they are present. Key Dates for Payment Regarding the final payment, there are two key dates that the project sponsor needs to be aware of. The first is the date that Notice to Proceed was issued. Construction activities that occur before the date Notice to Proceed was issued are not eligible for program funds. All invoices that are submitted for reimbursement will be compared to the date that Notice to Proceed was issued, for eligibility.
The second date that is important for each project is the expiration date listed in the Project Agreement. Project expiration dates are always set for December 31st, so working back from that date the following schedule is set for project sponsors who are finishing their projects in the final year of the agreement.
Final payment requests need to be turned into the Office by December 1st so there is time for review and corrections, if necessary, before the expiration date at the end of the month.
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In order to have the 41-day advertising completed for the affidavit of publication prior to December 1st, construction should be finalized in early October.
Utilizing the above dates as a starting point, a letter is sent to all project sponsors with expiring projects in May. The letter lists the projects that are expiring and the dates listed above for their reference when discussing project completion schedules with landowners and contractors.
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Mark Gordon Governor WYOMING WATER DEVELOPMENT OFFICE Commissioners Gerald E. Geis Sheridan Little 6920 Yellowtail Road Clinton W. Glick Mike Purcell
Cheyenne, WY 82002 Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner
Phone: (307) 777-7626 Kellen K. Lancaster Bill Yankee wwdc.state.wy.us Brandon L. Gebhart, P.E. Director
Memorandum
Date: December 9, 2020
To: Wyoming Water Development Commission
From: Brandon Gebhart, Director
Subject: Recommendation for Level I and II Planning Project Application Fee Increase
The attached memorandum, dated November 4, 2020, discussing application fees for Level I and Level II projects, was presented to you at the November Wyoming Water Development Commission (Commission) and Select Water Committee (SWC) joint workshop. The Director’s recommendation presented in the memorandum proposed an application fee increase to $3,500 based on inflation. During the workshop, members of the SWC suggested that the Commission consider a tiered application fee structure, such as Tier 1 - $2,500, Tier 2 - $3,500 and Tier 3 - $4,500.
Following the adjournment of the joint workshop, the SWC conducted their meeting. During the SWC meeting, the topic of applications fees was discussed further. The SWC elected to initiate drafting a bill to address application fees for Level I and Level II projects, and encouraged the Commission to continue the discussion at their meeting scheduled for December. SWC members noted the discussion topic was consistent with directives from the Joint Appropriations Committee (JAC) for all agencies to review and update fees. I testified to the SWC that there were a couple of options to address application fee increases. The application fee could be statutorily change by modifying W.S. 41-2-118(a)(xii), or the statutory application fee could remain unchanged at $1,000 and the Commission could require a cost share for Level I and Level II projects per W.S. 41-2-112(b)(iii).
Based on the discussions at the joint workshop and SWC meeting, I am providing an updated recommendation for your consideration. The Director’s recommendation is to maintain the $1,000 application fee described in W.S. 41-2-118(a)(xii) and modify the Wyoming Water Development Program’s Operating Criteria to require applicants to reimburse the Commission for Level I and Level II studies, due upon execution of a contract agreement to perform the project. The recommended reimbursement for Level I and Level II projects would be tiered. Tier 1 would consist of smaller entities and the recommended reimbursement would be $1,000 in addition to the $1,000 application fee. Tier 2 would consist of medium sized entities and the recommended reimbursement would be $2,000 in addition to the application fee. Tier 3 includes larger entities and an additional $3,000 reimbursement.
Tiers for water system sponsoring entities would be delineated by the number of taps, and by irrigated acreage for irrigation system sponsoring entities. The table below suggests tier divisions, based on a preliminary analysis. The divisions shown in the table are offered for discussion purposes and could be re-evaluated before finalizing.
Water System Irrigation System Tier Number of Taps Irrigated Acres 1 ≤ 2,000 ≤ 9,000 2 2,001 to 9,000 9,001 to 20,000 3 ≥ 9,001 ≥ 20,001
Mark Gordon Governor WYOMING WATER DEVELOPMENT OFFICE Commissioners Gerald E. Geis Sheridan Little 6920 Yellowtail Road Clinton W. Glick Mike Purcell
Cheyenne, WY 82002 Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner
Phone: (307) 777-7626 Kellen K. Lancaster Bill Yankee wwdc.state.wy.us Brandon L. Gebhart, P.E. Director
Memorandum
Date: November 4, 2020
To: Wyoming Water Development Commission
From: Brandon Gebhart, Director
Subject: Level I and II Planning Project Application Fee Increase
When an application for a project is submitted to the Water Development Program for a project new to the program, an application fee of $1,000 is required. This application fee was authorized in W.S. 41-2-118(a)(xii) and has remained unchanged since the legislation was established, likely during the development of the Program. The application is only required for new applications to the program. If the project progresses through the program, no new application fees are collected so long as subsequent applications for continuing projects are made within 5 years since the completion of the relevant planning study. If the Commission denies an application, 75% of the fee is returned to the applicant.
During the 2020 Legislative Session, an amendment was introduced to the Omnibus Water Billing – Planning to increase application fees for planning project applications to the Water Development Program. The proposed amendment recommended an application fee equal to 10% of the planning study cost. It was argued that this approach would be very difficult to determine because of the process of consultant selection and fee determination which wouldn’t conclude until months after the application deadline. It was also suggested that the philosophy of the program was that planning studies are fully funded by the Program to ensure the reports are unbiased and performed in such a manner as to determine whether the state should invest in the project. This philosophy was also established because the project is better served if the sponsor uses its financial resources to fund its share of the implementation of the project or the debt associated with the implementation. A substantive increase in application fees could jeopardize this philosophy.
The Water Development Program’s Operating Criteria also allows for the Commission to determine if the sponsor should be required to pay a portion of Level I and Level II study costs incurred to develop the recommended alternative needed to secure funding for Level III construction.
This memo presents analyses of increased application fees and alternatives to amend application fees.
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10-Year History of Applications
Financial data and project application data for the past 10 years was analyzed to predict revenue generated by increasing application fees. Over the 10-year history, 154 applications were made for Level I or Level II studies. Of these applications, 96 were new to the program and required the $1,000 application fee. This equates to a total collection of $96,000 in application fees, or an average of $9,600 per year. The annual appropriation to the Program was estimated to be $30.33M per year. The application fees equate to approximately 0.32% of the Program appropriations.
The average cost of Level I and Level II planning studies over the 10-year history is $176,100 per study. Application fees were collected on a total of 79 Level I and II studies that were new to the Program (approximately 8 studies per year). Seventeen Watershed studies performed over the period were separated from the planning studies as they are typically larger projects averaging $330,000 per study.
Application Fee Analyses
Using the Level I and Level II studies data above and assuming a 10% of project cost application fee, it can be estimated that $140,880 (10% of $176,100 multiplied by 8 projects/year) of application fees would be collected each year. This equates to 0.46% of the average annual, total program appropriation.
Another approach to analyze acceptable increases is to compare study costs performed for large irrigation or municipal systems to cost for small systems. To analyze this, data was collected from water system and irrigation system survey data collected by the Office and data from application submissions to determine large, medium and small systems. The theory behind this approach was to determine a tiered fee structure that would have similar impacts to water users of large and small entities.
Using data from the water and irrigation system surveys, a tiered classification was developed to categorize entity sizes and use this data to compare historic study costs against each other. A summary of this data is presented below.
Irrigation District/Agricultural Tier Classification Total Acres Average Appropriation 1 Small <8,000 $117,800.00 2 Medium 8,000-20,000 $158,583.00 3 Large >20,000 $136,700.00
Municipal/Drinking Water Tier Classification Taps Average Appropriation 1 Small <2000 $159,595.00 2 Medium 2,000-6,000 $170,000.00 3 Large >6,000 $208,000.00
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Based on this analysis, study costs for Municipal/Drinking water studies increase as the entity size increases. This is not the case when analyzing the agricultural studies.
A third approach that was considered is to evaluate the inflationary value since the original application was developed. Assuming that the original application fee was established in the 1980’s, and inflation from 1980 to today is approximately 235%, the current value of a $1,000 application fee in 1980 would equate to $3,350 dollars today.
Conclusion
Increasing applications to an approximate 10% of the average study costs would require applicants to pay over $17,000 for a study. An application fee of this magnitude would jeopardize the Program philosophy of ensuring independent and unbiased studies. Per W.S. 41- 2-112(b)(iii) the WWDC still retains the right to request a reimbursement of project costs for Level I reconnaissance studies and Level II feasibility studies if it so chooses regardless of the application fee in place. Still, it is apparent that the current application fee is dated and is being questioned. It is appropriate that an increase in the application fee or a greater sponsor commitment be considered.
Any application fee increase considered in the analyses described above equates to a very small amount when compared to the Program’s average annual appropriation. It should not be expected that any increase in application fees be a significant source of revenue to the Program., nor was it probably ever the intent.
To move forward, three alternatives to amend application fees for consideration are: 1. Request an amendment to current statute to amend the application fee. This requires legislation to change W.S. 41-2-118(a)(xii). 2. Change the current statute to give the Commission authority to determine the application fee. Criteria would be amended to include the specified application fee and could be reevaluated at the Commissions discretion. 3. In lieu of amending Wyoming Statutes through legislation, the current application fee would remain unchanged and a cost share component could be required of the applicant for Level I and II planning studies new to the program. Under this alternative, a $1,000 application fee would be collected with the application and a subsequent fee would be collected when the project appropriation is determined. The total amount of the application fee and cost share would equal the desired application fee.
Director’s Recommendation
Based on the assumed, original intent of the application fee and considering inflation, a revised application fee of $3,500 (roughly 2% of the average study costs) is recommended. However; because of the impacts of a pandemic and economic uncertainty of our Sponsor’s, any increase in application fees should be deferred to a future date.
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2021 STATE OF WYOMING 21LSO-0317 Working Draft 0.1
DRAFT ONLY NOT APPROVED FOR INTRODUCTION
HOUSE BILL NO.
Water development program fees.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to the water development program;
2 increasing application fees; and providing for an effective
3 date.
4
5 Be It Enacted by the Legislature of the State of Wyoming:
6
7 Section 1. W.S. 41-2-118(a)(xii) is amended to read:
8
9 41-2-118. Powers, duties, salaries and expenses of
10 commission.
11
12 (a) The commission shall:
13
1 [Bill Number] 2021 STATE OF WYOMING 21LSO-0317 Working Draft 0.1
1 (xii) Establish an application fee not to exceed
2 one thousand dollars ($1,000.00) three thousand five
3 hundred dollars ($3,500.00) which shall be paid by
4 potential project beneficiaries prior to commission
5 consideration of a project for inclusion in the water
6 development program. Application fees shall be deposited
7 into water development account I;
8
9 Section 2. This act is effective immediately upon
10 completion of all acts necessary for a bill to become law
11 as provided by Article 4, Section 8 of the Wyoming
12 Constitution.
13
14 (END)
2 [Bill Number] Mark Gordon Governor WYOMING WATER DEVELOPMENT OFFICE Commissioners Gerald E. Geis Sheridan Little 6920 Yellowtail Road Clinton W. Glick Mike Purcell Cheyenne, WY 82002 Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner
Phone: (307) 777-7626 Kellen K. Lancaster Bill Yankee wwdc.state.wy.us Brandon L. Gebhart, P.E. Director
Gillette Madison Pipeline Project Update November 23, 2020
PROJECT BACKGROUND
The Gillette Madison Pipeline Project (Project) is a regional water supply project to serve the long-term water needs for the City of Gillette and approximately 45 districts in the designated service area. Water is provided to the Project from a well field 13 miles north of Moorcroft, WY. In 2009, the Wyoming Legislature approved the first project appropriation for the design and construction of:
Five Madison wells, Approximately 45 miles of 42-inch steel pipe, Approximately 7 miles of 30-inch PVC pipe, Approximately 14 miles of PVC and HDPE pipe, Sodium Hypochlorite Disinfection Facility, and Donkey Creek Booster Pump Station.
The Project Budget, Expenditures & Estimated Final Completion Budgets Summary is attached under Attachment A.
OUTSTANDING WORK
The Project is nearing completions with an estimated $10M worth of work remaining on the Project. Outstanding work is identified in Table 1 below:
TABLE 1 OUTSTANDING WORK SUMMARY
Estimated Cost to WWDC Contract Description Status Complete Eligible
Contract 2a Complete Development and Testing M13, On-Going$ 2,500,000 $ 1,675,000 M14 & M15 Contract 2c Electrical and Pumping Equipment for M13, 2021 Bid$ 6,000,000 $ 4,020,000 M14 & M15 Engineering Design, Construction Management, Record On-Going$ 1,500,000 $ 1,005,000 Drawings, O&M Manuals, Project Closeout
TOTAL$ 10,000,000 $ 6,700,000
PROJECT LOAN
Between 2009 and 2014 the Wyoming Legislature appropriated $145,792,000, in the form of a 67% grant. Legislature also approved $44,328,358 in the form of a loan. The loan portion of the project was paid out based on 67% grant to 33% until October 19, 2016 when the loan appropriation was exhausted. Since October 19, 2016, the City of Gillette has been paying the 33% matching funds from the Campbell County Capital Facilities Tax. Attachment A shows the amount of matching funds paid by the City to date and the corresponding percentages of the grant/loan/City fund mix.
On June 17, 2020, the WWDO sent a letter to the City of Gillette indicating in accordance with Paragraph 4.E of the Project Agreement, the term of the project loan shall commence when the Commission determines that benefits have accrued on the Project. WWDO’s letter determined that project-related benefits accrued based on the City’s ability to deliver water from two of the five completed Madison wells, M11 and M12. The WWDO established the project accrual data in the letter as August 1, 2020.
The City of Gillette objected to the benefit accrual date established by the WWDO. The City’s objection centered on the premise that the project was not complete. Through discussions between the WWDO and the City of Gillette, a compromise was agreed to where the City of Gillette would pay the State $40,000,000 of the loan up front, with the interest on the remaining balance, $4,328,358, starting when the remaining work is complete, and the entire project is able to deliver water. The WWDO Agency Director, Brandon Gebhart, presented an update on the project loan compromise at the August 14, 2020 Wyoming Water Development Commission / Select Water Committee Joint Meeting in Cheyenne, WY.
On September 14, 2020, the State Treasurer’s Office received the $40,000,000 payment from the City of Gillette. The City of Gillette anticipates project completion sometime in 2021. The Project Agreement has a July 1, 2022 reversion date.
Wyoming Water Development Commission/Select Water Committee Joint Workshop November 4, 2020
* Due to the COVID-19 pandemic, the Workshop was conducted remotely via Zoom.
1. Vice-Chairman Clinton Glick called the meeting to order at 1:30 p.m.
2. Roll Call – Commissioner Mike Purcell led roll call of the Commission and Senior Staff Attorney of the Legislative Service Office Josh Anderson led roll call of the Select Water Committee to establish their respective quorums.
Commission Attendance: Select Water Attendance: Kellen Lancaster, Chairman Sen. Larry Hicks, Chairman Clinton Glick, Vice-Chairman Sen. Wyatt Agar – excused Ron Kailey, Jr., Secretary Sen. Lisa Anselmi-Dalton Gerald Geis Sen. Dan Dockstader – excused Mark Kot Sen. Ogden Driskill Sheridan Little Sen. Glenn Moniz Mike Purcell Rep. Dan Laursen, Vice-Chairman Larry Suchor – absent Rep. Stan Blake Rodney K. Wagner Rep. John Eklund Bill Yankee Rep. Hans Hunt – excused Rep. Jerry Paxton Rep. Evan Simpson
Advisor Attendance: Andrew Kuhlmann, Attorney General’s Office Darren Cook, Attorney General’s Office
3. Audience Introductions
4. Financial Status Report Fiscal Manager David Ray gave a financial status update, beginning with projections for fiscal year 2021, then a reconciliation and projection of the budget for the remainder of the current fiscal year.
Director Brandon Gebhart and State Engineer Greg Lanning described their efforts to reduce spending in response to anticipated revenue shortfalls and budget cuts.
5. Funding Applications – Preliminary Review Director Gebhart presented a summary spreadsheet of Level I, II, and III funding requests and recommendations. The summary spreadsheet listed the balance of each account before and after a proposed fund transfer from Account I to Account II. Wyoming Water Development Commission/Select Water Committee Joint Workshop Minutes November 4, 2020 Page 1
Director Gebhart guided a more in-depth discussion of certain projects, including: • Cloud Seeding: Medicine Bow, Sierra Madre & Laramie Mountain Ranges 2022 – Director Gebhart mentioned that operations are suspended in the Medicine Bow because of the Mullen Creek Fire. The Technical Advisory Team is utilized to help guide future decisions. Senator Hicks mentioned the projected cost/acre foot presented in the recommendation didn’t look correct. WDO will review for tomorrow. • Torrington Well Connection 2021 – Discussed the Office’s reduction of the application amount by about $540,000 because of ineligible electrical upgrades. • Small Water Project Program – New Development and Rehabilitation – Request is for $1M for New Development and $500,000 for Rehabilitation. Director Gebhart also mentioned a draft Small Water Guidance document to be presented in December. • Interstate Irrigation and Reservoir Irrigation District Improvements 2021 – Discussed the Director’s recommendation to phase the project and only fund a portion of the original application at this time. • Salt Creek Transmission Pipeline 2021 – The WDO is going to work with the Sponsor to find any cost reductions. • Lander Ditches Rehabilitation – Director Gebhart explained that the recommendation is to the fund the project with a contingency that contract execution is contingent upon the concurrence between the Sponsor and the Dickinson Creek Company on the scope tasks. Concern was expressed about using State funds to aid private entities. Commissioner Purcell suggested that the project be a designated a Level I study. Representatives from the Dickinson Creek Company and the City of Lander presented testimony. • Sponsor’s Contingency Fund – Rehabilitation – Request is for increase in the Sponsor’s Contingency Fund of $1.5M. • UW Water Research Program – Greg Kerr, UW Office of Water Programs, presented the ranking of project proposals.
6. Project Updates • Lake Hattie Full Utilization Study, Level I The Sponsor has not yet received judicial guidance. The scope of work for a study is pending. Director Gebhart recommends that the Commission proceed with a funding request for this project so that funding is available if/when the Sponsor is able to enter into an amicable agreement with the plaintiffs.
Wyoming Water Development Commission/Select Water Committee Joint Workshop Minutes November 4, 2020 Page 2
• LaPrele Irrigation District Dam Rehabilitation, Level II, Phase II RESPEC Engineer Pete Rausch announced that his team had completed an analysis of design alternatives and are now developing a permitting plan for their preferred alternative.
7. Aging Infrastructure Director Gebhart introduced a concept for a new or amended Aging Infrastructure Program that would allow the Commission to take a more proactive, systematic approach to aging infrastructure. Program administrators would ask sponsors to submit a short-list of their top three most critical facilities. These facilities would be ranked in order of criticality based upon a set of criteria developed by the Commission.
8. Wyoming Water Development Program Priorities Director Gebhart presented a revised list of project/program priorities that included feedback from Commissioners since the October meeting. This activity was intended to aid in the selection process should there be a shortage of funding.
9. Application Fees Director Gebhart expressed his support for an application fee increase of $2,500, from $1,000 to $3,500, based on the original intent of the fee and considering inflation. He recommended that this increase be deferred to a later date due to the impacts of the pandemic and uncertainty among Sponsors.
10. Financial Disclosure Forms Members of the Commission were directed to file a Financial Disclosure form with the Secretary of State prior to the January 1st filing date.
Meeting control was then transferred from the Commission to the Select Water Committee to conduct separate business. The Commission was excused.
Respectfully submitted,
Ron Kailey, Jr., Secretary
Wyoming Water Development Commission/Select Water Committee Joint Workshop Minutes November 4, 2020 Page 3
Wyoming Water Development Commission/Select Water Committee Joint Meeting November 5, 2020
* Due to the COVID-19 pandemic, the Workshop was conducted remotely via Zoom.
1. Chairman Kellen Lancaster called the meeting to order at 8:30 a.m.
2. Roll Call - Commissioner Ron Kailey led roll call of the Commission and Staff Attorney Kayla Spencer led roll call of the Select Water Committee to establish respective quorums.
Commission Attendance: Select Water Attendance: Kellen Lancaster, Chairman Sen. Larry Hicks, Chairman Clinton Glick, Vice-Chairman Sen. Wyatt Agar – excused Ron Kailey, Jr., Secretary Sen. Lisa Anselmi-Dalton Gerald Geis Sen. Dan Dockstader Mark Kot Sen. Ogden Driskill – excused Sheridan Little Sen. Glenn Moniz Mike Purcell Rep. Dan Laursen, Vice-Chairman Larry Suchor – absent Rep. Stan Blake Rodney K. Wagner Rep. John Eklund Bill Yankee Rep. Hans Hunt – excused Rep. Jerry Paxton Rep. Evan Simpson Advisor Attendance: Andrew Kuhlmann, Attorney General’s Office Darren Cook, Attorney General’s Office
3. Approval of Minutes Commissioner Sheridan Little made a motion to approve the October 9, 2020 WWDC Meeting minutes. Commissioner Kailey seconded the motion; motion carried unanimously.
4. Closeout Memos • Lander Test Well Study, Level II, Phase I Project Manager Kevin Boyce provided a brief summary of project findings. Commissioner Mike Purcell moved acceptance of the Lander Test Well, Level II, Phase I report as being complete and further, the WWDC makes the following findings relative to this project: 1. That the Commission recommend: . Proceeding to Level III of Phase I project development upon the submittal of an appropriate funding application from the sponsor.
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 1
. Continuing the Level II project at the current level of study. 2. Based on the findings in the final report, the project is determined to be in the public interest. 3. The project functions and services cannot realistically be provided by any person, association or corporation engaged in private enterprise.
Commissioner Little seconded the motion; motion carried unanimously.
• Torrington Water Master Plan Project Manager Kevin Boyce provided a brief summary of project findings. Commissioner Rodney Wagner moved acceptance of the Torrington Water Master Plan Level I project report as being complete and further, the WWDC makes the following findings relative to this project: That the Commission recommend: . Proceeding to the next Level of project development upon the submittal of an appropriate funding application by the sponsor.
Commissioner Bill Yankee seconded the motion; motion carried unanimously.
• Salt Creek-Edgerton-Midwest Water Master Plan Project Manager Chace Tavelli provided a brief summary of project findings. Commissioner Purcell moved acceptance of the Salt Creek-Edgerton-Midwest Water Master Plan, Level I project report as being complete and further, the WWDC makes the following findings relative to this project: That the Commission recommend: . Proceeding to the next Level of project development upon the submittal of an appropriate funding application by the sponsor.
Commissioner Kailey seconded the motion; motion carried unanimously.
5. Operating Criteria • Small Water Program The application date for the Small Water Project Program was changed from January 1 to November 15 of each calendar year, starting in 2021. Language was added for the Commission to prioritize funding according to project priority in the case of limited funding.
• Water Development Program A requirement for new Agricultural Water Projects, Municipal and Joint Powers Board Water Systems, and Rural Domestic Water Systems applicants to complete the current year “Wyoming Water Development Office Irrigation District/Canal
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 2
Company Survey” or “Wyoming Water Development Office Public Water System Survey” was added. A deadline of June 1 was also added for all feasibility studies completed outside the program to be submitted for review ahead of the Level III application deadline.
Commissioner Wagner made a motion to approve the Operating Criteria of both programs. Commissioner Kailey seconded the motion; motion carried unanimously.
6. Contingency Account II Request • Piney and Cruse Canal Piping A request was made by the Piney and Cruse Creek Ditch Company Irrigation District for $591,000 from the Water Development Account II Contingency Fund to cover construction budget shortfalls following the October 2020 project bid opening.
Commissioner Mark Kot made a motion to approve funding in the amount of $591,000 as a 67 percent grant and 33 percent loan. Commissioner Little seconded the motion; motion carried unanimously.
7. 2021 Funding Recommendations – New Development Director Gebhart proposed that the Commission act on all funding recommendations according to Account and Level. With the Commission in agreement, he proceeded to briefly describe each of the following Account I recommendations:
Account I, Level III Projects: • Cloud Seeding: Medicine Bow & Sierra Madre Mountain Ranges 2021-2022 Director Gebhart recommended an appropriation in the amount of $728,000.
• Cloud Seeding: Wind River Mountain Range 2021-2022 Director Gebhart recommended an appropriation in the amount of $215,000.
• Lander Well & Transmission Pipeline 2021 Director Gebhart recommended a 67 percent grant in the amount of $884,400.
• Northwest Rural Water System Improvements 2021 Director Gebhart recommended a 67 percent grant in the amount of $1,413,700.
• Torrington Well Connection 2021 Director Gebhart recommended a 67 percent grant in the amount of $389,270. This is a $540,000 reduction from the requested amount which included ineligible expenses for electrical upgrades.
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 3
Account I, Level III Project Amendments: • Arapahoe Water Supply 2016 Director Gebhart recommended a three-year time extension.
• Ethete Water Supply Director Gebhart recommended a two-year time extension.
• Small Water Project Program – New Development Director Gebhart recommended a budget increase in the amount of $1,000,000.
Commissioner Kot made a motion to approve funding recommendations for all new Account I, Level III projects and project amendments. Commissioner Yankee seconded the motion; motion carried unanimously.
Account I, Level II Projects: Director Gebhart proceeded to read off the titles of the following Level II Planning project recommendations that had previously been discussed and approved by the Commission:
• Big Horn Regional Transmission • Byron Rural Water Supply • Gillette Water System Improvements • Little Snake River Valley Water Supply, Phase II
Commissioner Purcell made a motion to approve funding recommendations for all Account I, Level II projects. He reminded the Commission that consultants for these projects have already been selected and that the requested amount was based upon the bids submitted by those consultants and approved by the Commission. Commissioner Kailey seconded the motion; motion carried unanimously.
Account I, Level I Projects: Director Gebhart repeated the process, reading off the titles of the following Level I Planning project recommendations that had previously been discussed and approved by the Commission:
• Hoback River Watershed Study • Lander Water Master Plan • Nordic Ranches Water Master Plan • Upton Water Master Plan • Wheatland Water Master Plan • Lake Hattie Reservoir Full Utilization Study (in an amount to be determined)
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 4
Vice-Chairman Glick made a motion to approve funding recommendations for all Account I, Level I projects, excluding the unknown amount for the Lake Hattie Reservoir Full Utilization Study. Commissioner Yankee seconded the motion; motion carried unanimously.
Account I, General: Director Gebhart proposed that the Commission take separate action on the recommendation for the UW Water Research Program and separate action for the recommendation to transfer from Water Development Account I to Account II in the amount of $7,500,000.
Commissioner Purcell made a motion to approve funding recommendations for the UW Water Research Program and the recommendation to transfer from Water Development Account I to Account II. Commissioner Wagner seconded the motion; motion carried unanimously.
8. 2021 Funding Recommendations – Dams and Reservoir Program Director Gebhart briefly described each of the Account III, Level II project amendments. Each of the amendments were for time extensions only. The requested time extensions are as follows:
• Clear Creek Storage Director Gebhart recommended to extend the reversion date by three years, from July 1, 2021 to July 1, 2024.
• Fontenelle Dam and Outworks Infrastructure Completion Director Gebhart recommended to extend the reversion date by three years, from July 1, 2021 to July 1, 2024.
• Glendo Reservoir Full Utilization Project Director Gebhart recommended to extend the reversion date by three years, from July 1, 2021 to July 1, 2024.
• Nowood River Storage – Alkali Creek Director Gebhart recommended to extend the reversion date by three years, from July 1, 2021 to July 1, 2024.
Vice-Chairman Glick made a motion to approve funding recommendations for all Account III, Level II project amendments. Commissioners Little and Yankee both seconded the motion; motion carried unanimously.
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 5
9. 2021 Funding Recommendations – Rehabilitation Program Director Gebhart briefly described each of the following Account II, Level I, II, and III projects and project amendments:
Account II, Level III Projects: • Interstate Irrigation and Reservoir Irrigation District Improvements 2021 Director Gebhart recommended a 67 percent grant in the amount of $2,827,400.
• Salt Creek Transmission Pipeline 2021 Director Gebhart recommended a 67 percent grant in the amount of $7,316,400. He noted that there are potential cost savings for this project which the WDO plans to explore.
• Shoshone Irrigation District Improvements 2021 Director Gebhart recommended a 100 percent materials-only grant in the amount of $240,000.
• Sidon Irrigation District Improvements 2021 Director Gebhart recommended a 100 percent materials-only grant in the amount of $576,000.
Vice-Chairman Glick expressed support for materials-only grants, noting that they help to localize operations. Chairman Lancaster also expressed his support for materials-only grants, acknowledging that there are many capable people to install the purchased materials.
Vice-Chairman Glick made a motion to approve funding recommendations for all Account II, Level III projects. Commissioner Purcell seconded the motion; motion carried unanimously.
Account II, Level III Project Amendments: • Small Water Project Program – Rehabilitation Director Gebhart recommended a budget increase in the amount of $500,000.
• Sponsor’s Contingency Fund – Rehabilitation Director Gebhart recommended a budget increase in the amount of $1,500,000.
Commissioner Kot made a motion to approve funding recommendations for both Account II, Level II project amendments. Commissioner Wagner seconded the motion; motion carried unanimously.
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 6
Account II, Level II Project: • Lander Ditches Rehabilitation Director Gebhart recommended that this project maintain its existing budget and pre- selected consultant, but be reclassified as a Level I project. He added language to his recommendation stating that contract execution will be contingent upon the City of Lander and the Dickinson Creek Ditch Company’s concurrence on tasks as defined in the final scope.
Representatives from the City of Lander and the Dickinson Creek Ditch Company both expressed their support for changes made to the initial recommendation.
Commissioner Yankee made a motion to approve the Lander Ditches Rehabilitation funding recommendation as revised by Director Gebhart. Vice-Chairman Glick seconded the motion; motion carried unanimously.
Account II, Level II Project Amendment: • LaPrele Irrigation District Dam Rehabilitation, Phase II Director Gebhart recommended that the project be approved with a budget to be determined at a later date.
Account II, Level I Project: • Highland Irrigation District Master Plan Director Gebhart recommended an appropriation in the amount of $192,000 based upon the cost proposal submitted by the selected consultant.
Commissioner Wagner made a motion to approve funding recommendations for the LaPrele Irrigation District Dam Rehabilitation, Phase II and Highland Irrigation District Master Plan projects. Commissioner Purcell seconded the motion; motion carried unanimously.
10. Other Items Requiring Commission Action No additional items.
11. Director’s Comments Director Gebhart thanked Senator Anselmi-Dalton, Senator Moniz, and Representative Blake for their contributions to the Select Water Committee during the time of their service.
12. Future Meeting Schedule The next WWDC workshop and meeting will take place December 9-10, 2020.
13. Adjourn Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 7
Commissioner Purcell made a motion to adjourn the meeting. Commissioner Kailey seconded the motion. Senator Hicks concurrently motioned that the Select Water Committee adjourn; all motions carried unanimously.
Respectfully submitted,
Ron Kailey, Jr., Secretary
Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes November 4-5, 2020 Page 8
FINAL PROJECT CLOSEOUT MEMO FOR LEVEL I AND II PLANNING PROJECTS
WYOMING WATER DEVELOPMENT OFFICE
PLANNING DIVISION
The Planning Project listed below is complete and scheduled for closeout. This memo serves to summarize the findings of the final report and to document the final contract amount.
PROJECT: Boulder Irrigation District Rehabilitation LEVEL: II SPONSOR: Boulder Irrigation District LOCATION: Boulder, Wyoming PROGRAM: Rehabilitation PROJECT MGR: Andrew Linch WWDC MTG DATE: December 10, 2020
AUTHORIZING LEGISLATION: Purpose Chapter Session Account Appropriation Due Date Level II 105 2019 II $171,000 2022
CURRENT CONTRACT: Consultant Sunrise Engineering, Inc. Original Final Contract Contract Contract Savings Expiration Contract Number Executed Amount Amount Amount Date 05SC0297838 3-25-19 $171,000 $153,397.91 $ 17,602.09 6-30-21
PROJECT DESCRIPTION: The Boulder Irrigation District (District) irrigates approximately 10,000 acres of hay and pasture near the town of Boulder, WY. Water is conveyed through Boulder Lake Dam, down Boulder Creek, and diverted into the Boulder Canal and various headgates along the canal to District members. The Boulder Canal, approximately 14 miles in length, serves as the primary conveyance system for all of the irrigated acreage within the District. The District has estimated seepage losses along the canal at approximately 60%. Boulder Lake Dam is an on-channel, zoned earth embankment, with a crest length of approximately 375 feet that stands approximately 25 feet above Boulder Creek. The spillway is a concrete ogee weir located on the right abutment that is approximately 60 feet wide. Some of the concrete on the spillway is cracked and displaced with visible signs of wear. The Boulder Canal Headgate structure is of similar condition.
Seepage loss along the canal was assessed by visual inspection, aerial photography, and flow loss measurement at strategic locations coordinated with the District. Significant seepage was physically observed and calculated by the consultant team. Specific reaches of the canal were recommended as higher priority for seepage abatement work as they currently inhibit access of haying equipment to the irrigated fields. Numerous canal lining solutions were analyzed. A shotcrete liner was ultimately selected for cost effectiveness, life expectancy, resiliency to cattle crossing, least amount of anticipated maintenance, constructability, and coordination with the District.
Assessment of the spillway included a visual inspection of the exposed areas, an underwater inspection via SCUBA diver, and a ground penetrating radar (GPR) evaluation of the ogee crest. The assessment revealed
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portions of the concrete in good condition and some exhibited significant erosion with exposed rebar and a few major cracks. Previously repaired areas appeared in good condition with one exception and several deep cracks and voids were also revealed with the GPR. The report concludes that the spillway is in decent condition and should function for several more years. However, the structure is nearing the end of its expected life cycle and the owner should begin planning for life cycle replacement as soon as possible. The recommended repairs are expected to extend the life of the structure by 20 years.
The canal headgate assessment revealed the structure is in good condition for its age. In general, the concrete is slightly weathered and has some minor cracking, but the downstream concrete is abraded with severe cracks and has significant areas of exposed aggregate. However, with continued monitoring and the recommended repairs it is estimated the service life of the structure will be extended by 20 years.
Additional structure assessments requested by the District included the Burkhalter Head Gate and an inverted siphon structure which is also part of the Boulder Canal. The same assessment methods described above were utilized for these structures. GPR of the siphon revealed it is in good condition and a liner was recommended to extend its service life. The Burkhalter Head Gate has significant deterioration and it was determined that partial reconstruction would be needed to restore its integrity.
Preliminary designs were developed for the recommended rehabilitation alternatives and their cost estimates are summarized in the table in the next section. An economic analysis was also completed to evaluate the District finances and recommended annual assessment adjustments and potential funding programs the District could utilize.
PROJECT FINDINGS/RECOMMENDATIONS: In general, the system has been well maintained and many system components can continue to serve into future years and decades. Some facilities have experienced deterioration as a result of age and use, therefore, from the assessments in this project and through coordination with the District, a rehabilitation plan was developed which prioritized the recommended projects and phased them based on factors determined in the economic analysis. The following table summarizes the projects recommended and their associated cost estimates.
Phase Project Project Cost 1 Spillway Rehabilitation $155,000 Diversion Rehabilitation $250,000 Burkhalter Head Gate Rehabilitation $60,000 Siphon Rehabilitation $125,000 Flow Measurement Facility $170,000 Phase Subtotal $760,000
2 Shotcrete Canal Lining $3,000,000 Phase Subtotal $3,000,000
The District is continuing to pursue additional funding partners for these projects and may submit a Level III funding request next year.
PUBLIC REPORT PRESENTATION HEARING: Y Date Location City/Town 7-14-20 Boulder Community Center, 304 Adams Ave. Boulder, WY
Page 2 of 3
FINAL REPORT/EXECUTIVE SUMMARIES ONLINE: Final Report: http://library.wrds.uwyo.edu/wwdcrept/Boulder/Boulder_Irrigation_District- Rehabilitation_Level_II_Study-Final_Report-2020.html
Executive Summary: http://library.wrds.uwyo.edu/wwdcrept/Boulder/Boulder_Irrigation_District- Rehabilitation_Level_II_Study-Executive_Summary-2020.html
WWDO RECOMMENDATION: All contract requirements have been met. Therefore, the WWDO recommends acceptance of the Final Report. Project findings, recommendations, and cost estimates are suitable for inclusion in a Level III construction funding application.
The July 14th Level II hearing officer (Linch) questioned those present whether, “Pursuant to Wyoming Statute 41-2-115 (a), is there any person, association or corporation engaged in private enterprise desirous and capable of providing the project functions in lieu of the Sponsor?” and received no response.
WWDC PROPOSED MOTION:
I move acceptance of the Boulder Irrigation District Rehabilitation project report as being complete and further, the WWDC makes the following findings relative to this project:
1. That the Commission recommend: • Proceeding to Level III of project development upon the submittal of an appropriate funding application by the sponsor.
2. Based on the findings in the final report, the project is determined to be in the public interest.
3. The project functions and services cannot realistically be provided by any person, association or corporation engaged in private enterprise.
Page 3 of 3
FINAL PROJECT CLOSEOUT MEMO FOR LEVEL I AND II PLANNING PROJECTS
WYOMING WATER DEVELOPMENT OFFICE
PLANNING DIVISION
The Planning Project listed below is complete and scheduled for closeout. This memo serves to summarize the findings of the final report and to document the final contract amount.
PROJECT: River Basin Planning – GIS Data Model Implementation LEVEL: I SPONSOR: WWDC LOCATION: Statewide PROGRAM: New Development PROJECT MGR: Mabel Jones WWDC MTG DATE: December 10, 2020
AUTHORIZING LEGISLATION: Purpose Chapter Session Account Appropriation Due Date Level I 94 2018 I $115,000 2021
CURRENT CONTRACT: Consultant Confluence Consulting, Inc. Original Final Contract Contract Contract Savings Expiration Contract Number Executed Amount Amount Amount Date 05SC0297516 6-25-18 $107,225 $107,224.30 $ 0.70 6-30-20
PROJECT DESCRIPTION: This project was completed to implement River Basin Planning program data modernization efforts by populating core water datasets. Focused development of statewide water data opens doors to understanding the infrastructure needed to support a changing economy and making investments consistent with best scientific, engineering, and management practices. As these datasets are developed, they can be made available to consultants and partners to save time and money on future planning efforts.
Implementation of modernization recommendations includes mining data to develop statewide datasets and retooling data which is collected during WWDC planning projects so it has utility beyond the life of the project. This project compiled spatial GIS data for water conveyances, points of diversions, and reservoirs. These data were compiled using existing digital datasets, the ePermit database, as well as hard copy plat maps. The data were then attributed and formatted to comply with the WWDO GIS data standards.
PROJECT FINDINGS/RECOMMENDATIONS: The study included development of a subset of data in four Feature Classes in accordance with WWDO GIS data standards. Features Classes include:
• WDO_Structures: Surface water diversions, wells, springs, & gages. (10,883 records)
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• WDO_Conveyances: Canals, ditches, pipelines, & channels. (26,851 segments) • WDO_Reservoirs: Reservoir polygons. (1,000 records) • POD_*_DepthI_FC: Surface water & spring points of diversion. (9659 records) and permitted groundwater wells (2323 records)
The final report documents the original sources from which these datasets were created, the methods by which they were created from those sources, and a qualitative and quantitative assessment of the accuracy and completeness of each resulting dataset. For each dataset, a table is included listing all non-spatial attribute data fields populated by this project, and a description of how those values were created.
Recommendations for the future work on these datasets includes: • Target highest flow infrastructure/capacities and match unmatched records. • Confirm presence of spring structures. • Research and map point of diversion records lacking locational information. • Evaluate and determine best source for duplicate conveyance and reservoir records. • Join segments of conveyance features to create continuous networks. • QC and improve name matches between structures, stream sources and conveyances. • QC and update configuration of NHD water body polygons.
FINAL REPORT/EXECUTIVE SUMMARIES ONLINE: Final Report- GIS Data Model Implementation, Level I Study-Technical Memo: http://library.wrds.uwyo.edu/wwdcrept/Wyoming/Wyoming- River_Basin_Planning_GIS_Data_Model_Implementation_Level_I-Final_Report-2020.html
Executive Summary: http://library.wrds.uwyo.edu/wwdcrept/Wyoming/Wyoming- River_Basin_Planning_GIS_Data_Model_Implementation_Level_I-Executive_Summary- 2020.html
WWDO RECOMMENDATION: Improve datasets by addressing errors and incorporating new WWDO project data into these master datasets. Continue to work with partners including the State Engineer’s Office (SEO) and the Water Resources Data System (WRDS) to improve tools for statewide water reporting. Work with partners at regional levels to integrate datasets into interstate water mapping applications.
WWDC PROPOSED MOTION: I move acceptance of the River Basin Planning - GIS Data Model Implementation, Level I Study project report as being complete.
Page 2 of 2
Mark Gordon
Governor WYOMING WATER DEVELOPMENT OFFICE Commissioners
Gerald E. Geis Sheridan Little 6920 Yellowtail Road Clinton W. Glick Mike Purcell Cheyenne, WY 82002 Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner
Phone: (307) 777-7626 Kellen K. Lancaster Bill Yankee wwdc.state.wy.us Brandon L. Gebhart, P.E. Director
DATE: December 1, 2020
TO: Brandon Gebhart, P.E., Director, Wyoming Water Development Jason Mead, P.E., Deputy Director, Dams and Reservoirs
FROM: William Brewer, P.E., P.G., Project Manager
REGARDING: Colorado River Basin MOA Budget Modifications MOA1 and MOA2 funds
The Wyoming Water Development Office (WWDO) received a request from Reclamation for additional funding for a previously funded project. Scott Winterton, Reclamation Project Manager, prepared updated cost estimates and determined additional MOA1 and MOA2 funding is necessary for the Big Sandy Reservoir Enlargement Project (Project). The Project needs additional MOA1 and MOA2 funds totaling ~$3,600,000 for the construction and management of the project.
The following details the additional funds request and the impact on Wyoming’s MOA1 and MOA2 funding:
PROJECT NAME CURRENT BUDGET INCREASE TOTAL Big Sandy Res Enlargement1 $ 16,230,000 $ 3,600,000 $ 19,830,000
The Bureau of Reclamation is seeking an approval from the State of Wyoming and the Wyoming Water Development Commission for the cost increases.
Please find the following Wyoming MOA1 and MOA2 funding information below:
MOA1
• MOA1 Agreement executed in 2011- funds first available in the 2012 federal fiscal year • MOA1 Agreement originally expired 9/30/2025, but has now been rolled into the MOA2 Agreement • Total anticipated WY MOA1 funds per agreement:2 $ 24,652,285 • Previously funded WY MOA1 projects: $ 24,565,579 o Flaming Gorge Aquatic Invasive Species Prevention o Big Sandy Reservoir Enlargement o Stateline Dam Spillway Improvements o Farson Lateral Phase I o Big Sandy/Green River Gauging Stations o Blacks Fork River Gauging Station • Total remaining anticipated WY MOA1 funds (after reversions): $ ~300,000 o Proposed Budget Increase for Big Sandy Reservoir Enlargement (from MOA1 funds, will request all available funds) $ ~200,000
1 Original project budget was $7,002,000 and increased by $3,608,000 in August 2017 and $5,620,000 in April 2019. 2 Amount has been adjusted to reflect approved basinwide projects.
o Additional MOA1 funds may become available, but at this time they are committed to other projects. The MOA1 funds will be available until 2037 based on the new MOA2 program agreement. • Total remaining anticipated WY MOA1 funds: $ ~100,000
MOA2
• MOA2 Agreement executed 2020 - funds first available in the 2022 federal fiscal year, but can be requested early. • MOA2 Agreement expires 9/30/2037 (funds available through 9/30/2047 if approved prior to program expiration) • Total anticipated WY MOA2 funds per agreement: $ 29,046,005 • Previously funded WY MOA2 projects: $ 4,000,0003 o Required MOA2 funding contingency set-aside. • Total remaining anticipated WY MOA2 funds: $ 25,046,005 • Proposed Budget Increase for Big Sandy Reservoir Enlargement (from MOA2 funds) $ ~3,400,000 • Total remaining anticipated WY MOA2 funds: $ ~21,600,000
3 The $4,000,000 MOA2 funding contingency set-aside will likely not be available to use until near the end of the program when the majority of projects have been closed out.
RECLAMATION’S UPDATED COST ESTIMATES:
Please find the following Big Sandy Reservoir Enlargement cost increase explanation from Scott Winterton, Chief, Design and Contract Administration Group, for the Bureau of Reclamation, Provo Area Office. Reclamation is in the final stages of evaluating construction proposals and it is evident based on market conditions and bid proposals received, the cost of construction is more than anticipated from previous construction cost estimates. A few cost drivers on the project are associated with supply of materials and potential contractors indicate these necessary materials are difficult to procure within the region. Other risk factors identified in the proposals are the difficulty in meeting the work restrictions and reservoir operation requirements associated with water delivery for the local water users. These factors lead to additional precautions and measures taken by the contractors to perform work after the irrigation season and during the extreme winter weather, thus increasing cost.
Other factors contributing to the overall increased project costs are associated with the required construction oversight and contract management. The complexity of the project necessitates additional personnel to oversee and inspect the project due to work occurring simultaneously in different areas of the project. The proposed construction schedules are longer in overall duration than originally anticipated and the additional required time by Government personnel increases cost for administration of the contract.
A final factor increasing cost is the result of the final Environmental Assessment which resulted in a Finding of No Significant Impact on June 30, 2020. This document necessitates purchasing Sage Grouse habitat and commits to other recreation improvements to mitigate the impacts of the construction and enlarged reservoir area. While Reclamation has contributed some of the recreation items through purchasing public recreation facilities, additional funding is necessary for construction of these items.
With the requested additional funding, an award can be made for the contract. It is anticipated the contract would be awarded in January 2021 with final completion of the contract scheduled for December 2022. We look forward to completion of the Big Sandy Enlargement Project and appreciate being a partner on this project.
2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
DRAFT ONLY NOT APPROVED FOR INTRODUCTION
HOUSE BILL NO.
Omnibus water bill - planning.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to water development projects; authorizing
2 specified level I and level II studies; providing
3 appropriations; requiring reports; providing for the
4 reversion of unexpended funds; authorizing unobligated
5 funds to be used to complete other designated projects as
6 specified; extending reversion and study dates; and
7 providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10 [2021-2022 WATER PROGRAM]
11 [AUTHORIZED LEVEL I AND LEVEL II STUDIES]
12
1 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Section 1. LEVEL I RECONNAISSANCE STUDIES – NEW
2 DEVELOPMENT. The following sums of money are appropriated
3 from water development account I, as created by W.S. 41-2-
4 124(a)(i), to the water development commission to be
5 expended to conduct the following reconnaissance studies as
6 defined in W.S. 41-2-114. Funds appropriated under this
7 section for a particular project which are in excess of the
8 actual amount necessary to complete the study may, subject
9 to the review of the select water committee, be expended by
10 the commission to complete the reconnaissance study for any
11 other project listed in this section. Appropriated funds
12 not obligated prior to July 1, 2024 shall revert to water
13 development account I. The commission shall submit a report
14 to the legislature on each of the following studies prior
15 to the 2023 legislative session:
16 [LEVEL I RECONNAISSANCE STUDIES - NEW DEVELOPMENT]
17 PROJECT LOCATION APPROPRIATION 18 19 Hoback River Watershed Sublette, Lincoln 20 Study and Teton Counties $277,000 21 Lander Water Master Plan Fremont County $208,000 22 Nordic Ranches Water Master Plan Lincoln County $63,000 23 Upton Water Master Plan Weston County $153,000 24 Wheatland Water Master Plan Platte County $125,000 25 Lake Hattie Reservoir Full 26 Utilization Study Albany County $250,000 27 UW Water Research Program Statewide $283,454 28 Total appropriation for Section 1 $1,359,454 29
2 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Section 2. LEVEL II FEASIBILITY STUDIES – NEW
2 DEVELOPMENT. The following sums of money are appropriated
3 from water development account I, as created by W.S. 41-2-
4 124(a)(i), to the water development commission to be
5 expended to conduct the following feasibility studies as
6 defined in W.S. 41-2-114. Funds appropriated under this
7 section for a particular project which are in excess of the
8 actual amount necessary to complete the study may, subject
9 to the review of the select water committee, be expended by
10 the commission to complete the feasibility study for any
11 other project listed in this section. Appropriated funds
12 not obligated prior to July 1, 2024 shall revert to water
13 development account I. The commission shall submit a report
14 to the legislature on each of the following studies prior
15 to the 2023 legislative session:
16 [LEVEL II FEASIBILITY STUDIES - NEW DEVELOPMENT]
17 PROJECT LOCATION APPROPRIATION 18 19 Big Horn Regional 20 Transmission Washakie County $146,000 21 Byron Rural Water Supply Big Horn County $127,000 22 Gillette Water System 23 Improvements Campbell County $150,000 24 Little Snake River Valley 25 Water Supply, Phase II Carbon County $163,000 26 Total appropriation for Section 2 $586,000 27
28
3 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Section 3. LEVEL I RECONNAISSANCE STUDIES –
2 REHABILITATION. The following sums of money are
3 appropriated from water development account II, as created
4 by W.S. 41-2-124(a)(ii), to the water development
5 commission to be expended to conduct the following
6 reconnaissance studies as defined in W.S. 41-2-114. Funds
7 appropriated under this section for a particular project
8 which are in excess of the actual amount necessary to
9 complete the study may, subject to the review of the select
10 water committee, be expended by the commission to complete
11 the reconnaissance study for any other project listed in
12 this section. Appropriated funds not obligated prior to
13 July 1, 2024 shall revert to water development account II.
14 The commission shall submit a report to the legislature on
15 each of the following studies prior to the 2023 legislative
16 session.
17 [LEVEL I RECONNAISSANCE STUDIES - REHABILITATION]
18 PROJECT LOCATION APPROPRIATION 19 20 Highland Irrigation District 21 Master Plan Sublette County $192,000 22 Lander Ditches 23 Rehabilitation Fremont County $242,000 24 Total appropriation for Section 3 $434,000
25
4 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Section 4. 2020 Wyoming Session Laws, Chapter 150,
2 Section 4 is amended to read:
3 LEVEL II FEASIBILITY STUDIES –
4 REHABILITATION. The following sums of money are
5 appropriated from water development account II,
6 as created by W.S. 41-2-124(a)(ii), to the water
7 development commission to be expended to conduct
8 the following feasibility studies as defined in
9 W.S. 41-2-114. Funds appropriated under this
10 section for a particular project which are in
11 excess of the actual amount necessary to complete
12 the study may, subject to the review of the
13 select water committee, be expended by the
14 commission to complete the feasibility study for
15 any other project listed in this section.
16 Appropriated funds Funds appropriated to the
17 Highland Hanover ID Pump Station project not
18 obligated prior to July 1, 2023 shall revert to
19 water development account II. Funds appropriated
20 to the LaPrele Irrigation District
21 Rehabilitation, Phase II project not obligated
22 prior to July 1, 2024 shall revert to water
23 development account II. The commission shall
5 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 submit a report to the legislature on each of the
2 following studies prior to the 2022 legislative
3 session on the Highland Hanover ID Pump Station
4 study and prior to the 2023 legislative session
5 on the LaPrele Irrigation District
6 Rehabilitation, Phase II study.
7 [LEVEL II FEASIBILITY STUDIES - REHABILITATION]
8 PROJECT LOCATION APPROPRIATION 9 10 Highland Hanover ID Pump 11 Station Washakie County $75,000 12 LaPrele Irrigation 13 District Rehabilitation, 14 Phase II Converse County $650,000$x,xxx 15 Total 2020 appropriation for Section 4 $725,000 16 Total 2021 appropriation for Section 4 $x,xxx 17
18 Section 5. 2018 Wyoming Session Laws, Chapter 94,
19 Section 2 is amended to read:
20 LEVEL II FEASIBILITY STUDIES – NEW
21 DEVELOPMENT. The following sums of money are
22 appropriated from water development account I, as
23 created by W.S. 41-2-124(a)(i), to the water
24 development commission to be expended to conduct
25 the following feasibility studies as defined in
26 W.S. 41-2-114. Funds appropriated under this
27 section for a particular project which are in
28 excess of the actual amount necessary to complete
6 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 the study may, subject to the review of the
2 select water committee, be expended by the
3 commission to complete the feasibility study for
4 any other project listed in this section.
5 Appropriated funds Funds appropriated to the GR-
6 RS-SC JPWB Pump Station Sweetwater and
7 Transmission, Lander Test Well Study and Little
8 Snake River Valley Municipal Water Supply
9 projects not obligated prior to July 1, 2021
10 shall revert to water development account I.
11 Funds appropriated to the Fontenelle Dam and
12 Outlet Works Infrastructure Completion and the
13 Glendo Reservoir Full Utilization Project
14 projects not obligated prior to July 1, 2024
15 shall revert to water development account I. The
16 commission shall submit a report to the
17 legislature on each of the following studies
18 prior to the 2020 legislative session: on the GR-
19 RS-SC JPWB Pump Station Sweetwater and
20 Transmission, Lander Test Well Study and Little
21 Snake River Valley Municipal Water Supply studies
22 and prior to 2023 legislative session on the
23 Fontenelle Dam and Outlet Works Infrastructure
7 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Completion and the Glendo Reservoir Full
2 Utilization Project studies.
3 [LEVEL I RECONNAISSANCE STUDIES - NEW
4 DEVELOPMENT]
5 PROJECT LOCATION APPROPRIATION 6 7 Fontenelle Dam and 8 Outworks Outlet Works Lincoln and 9 Infrastructure Sweetwater 10 Completion Counties $750,000 11 Glendo Reservoir Full 12 Utilization Project Platte County $750,000 13 GR-RS-SC JPWB Pump Station Sweetwater 14 and Transmission County $180,000 15 Lander Test Well Study Fremont County $2,340,000 16 Little Snake River Valley 17 Municipal Water Supply Carbon County $135,000 18 Total 2018 appropriation for Section 2 $4,155,000 19 Total 2021 appropriation for Section 2 $0
20
21 Section 6. 2018 Wyoming Session Laws, Chapter 94,
22 Section 5 is amended to read:
23 TIME EXTENSION FOR LEVEL II FEASIBILITY
24 STUDIES – DAMS AND RESERVOIRS. In the 2015
25 Omnibus water bill – planning, 2015 Wyoming
26 Session Laws, Chapter 168, Section 5, the
27 following sums of money were appropriated from
28 water development account III, as created by W.S.
29 41-2-124(a)(iii), to the water development
30 commission to be expended to conduct the
31 following feasibility studies as defined in W.S.
8 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 41-2-114. A three (3) year time extension is
2 granted for those feasibility studies the Shell
3 Valley Storage – Leavitt Reservoir project and
4 appropriated funds for that project not obligated
5 prior to July 1, 2021 shall revert to water
6 development account III. A six (6) year time
7 extension is granted for the Clear Creek Storage
8 and Nowood River Storage – Alkali Cr. projects
9 and funds appropriated for those projects but not
10 obligated prior to July 1, 2024 shall revert to
11 water development account III. The commission
12 shall submit a report to the legislature on each
13 of the following studies prior to the 2020
14 legislative session: on the Shell Valley Storage
15 – Leavitt Reservoir project study and prior to
16 the 2023 legislative session on the Clear Creek
17 Storage and Nowood River Storage – Alkali Cr.
18 studies.
19 [LEVEL II FEASIBILITY STUDIES – DAMS AND
20 RESERVOIRS]
21 PROJECT LOCATION APPROPRIATION 22 23 Clear Creek Storage Johnson County $700,000 24 Nowood River Storage – Bighorn, 25 Alkali Cr. Washakie 26 Counties $4,000,000
9 [Bill Number] 2021 STATE OF WYOMING 21LSO-0307 Working Draft 0.2
1 Shell Valley Storage – Big Horn 2 Leavitt Reservoir County $4,500,000 3 Total 2015 appropriation for Section 5 $9,200,000 4 Total 2018 appropriation for Section 5 $0 5 Total 2021 appropriation for Section 5 $0 6
7 Section 7. This act is effective immediately upon
8 completion of all acts necessary for a bill to become law
9 as provided by Article 4, Section 8 of the Wyoming
10 Constitution.
11
12 (END)
10 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
DRAFT ONLY NOT APPROVED FOR INTRODUCTION
HOUSE BILL NO.
Omnibus water bill - construction.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to water development projects; authorizing
2 construction of designated water projects; describing
3 projects; specifying terms and conditions of funding for
4 projects; providing grants; providing appropriations;
5 amending the sponsor’s contingency fund; amending project
6 descriptions, amounts and terms of appropriations for
7 specified prior projects; transferring funds from water
8 development account I to water development account II; and
9 providing for an effective date.
10
11 Be It Enacted by the Legislature of the State of Wyoming:
12
1 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 Section 1. W.S. 99-3-2601 through 99-3-2604 are
2 created to read:
3
4 ARTICLE 26
5 2021 CONSTRUCTION PROJECTS
6
7 99-3-2601. Definitions.
8 9 The definitions in W.S. 99-3-101 apply to this article. 10
11 99-3-2602. General authorization.
12
13 The provisions of W.S. 99-3-102 apply to this article. 14
15 99-3-2603. Level III construction projects – new
16 development.
17
18 (a) Authorization is granted for the Level III new
19 development construction projects identified in this
20 section subject to the general conditions specified in W.S.
21 99-3-103, provided that W.S. 99-3-103(a)(iii) shall not
22 apply to the projects identified in this section unless
23 required by W.S. 41-2-121.
24
2 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (b) Project – Cloud Seeding Medicine Bow Mountains
2 2021-2022:
3
4 (i) Project sponsor: The state of Wyoming;
5
6 (ii) Project purpose: To enhance the winter
7 snowpack in the Medicine Bow, Sierra Madre and Laramie
8 Mountain Ranges;
9
10 (iii) Project description: Conduct an
11 operational winter snowpack augmentation program during the
12 2021-2022 fall, winter and spring seasons;
13
14 (iv) Total project budget: Seven hundred
15 seventy-eight thousand dollars ($778,000.00);
16
17 (v) Appropriation: There is appropriated from
18 water development account I to the Wyoming water
19 development office seven hundred twenty-eight thousand
20 dollars ($728,000.00) or as much thereof as is necessary to
21 carry out the purpose of this subsection. Unexpended funds
22 appropriated under this subsection shall revert to water
23 development account I on July 1, 2023;
3 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1
2 (vi) Special conditions:
3
4 (A) The Wyoming water development office
5 shall acquire funding commitments from Wyoming water users
6 or other interested parties for operational costs which
7 exceed project appropriation;
8
9 (B) The Wyoming water development office is
10 authorized to enter into contracts with Colorado
11 organizations to extend aerial weather modification efforts
12 into Colorado provided these organizations pay one hundred
13 percent (100%) of the additional costs associated with
14 operations in Colorado.
15
16 (c) Project – Cloud Seeding Wind River Mountains
17 2021-2022:
18
19 (i) Project sponsor: The state of Wyoming;
20
21 (ii) Project purpose: To enhance the winter
22 snowpack in the Wind River Mountain Range;
23
4 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (iii) Project description: Conduct an
2 operational winter snowpack augmentation program during the
3 2021-2022 fall, winter and spring seasons;
4
5 (iv) Total project budget: Five hundred seventy-
6 one thousand dollars ($571,000.00);
7
8 (v) Appropriation: There is appropriated from
9 water development account I to the Wyoming water
10 development office two hundred fifteen thousand dollars
11 ($215,000.00) or as much thereof as is necessary to carry
12 out the purpose of this subsection. Unexpended funds
13 appropriated under this subsection shall revert to water
14 development account I on July 1, 2023;
15
16 (vi) Special conditions:
17
18 (A) The state of Wyoming shall participate
19 at a rate up to thirty-seven percent (37%) of actual
20 project operations costs not to exceed two hundred ten
21 thousand dollars ($210,000.00);
22
5 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (B) Prior to commencing project operations,
2 the Wyoming water development office shall acquire funding
3 commitments from other Colorado River basin water users or
4 other interested parties for a minimum of sixty-three
5 percent (63%) of actual project operations costs;
6
7 (C) If the project is cancelled, the
8 Wyoming water development office is authorized to use the
9 appropriated funds to remove weather modification equipment
10 and reclaim project sites.
11
12 (d) Project – Lander Well and Transmission Pipeline
13 2021:
14
15 (i) Project sponsor: City of Lander;
16
17 (ii) Project purpose: Municipal and rural
18 domestic water supply;
19
20 (iii) Project description: Design and
21 construction of well connections, pumping facilities,
22 transmission pipelines and appurtenances necessary to make
23 the project function in the manner intended;
6 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1
2 (iv) Total project budget: One million three
3 hundred twenty thousand dollars ($1,320,000.00);
4
5 (v) Project grant: The state of Wyoming shall
6 grant to the sponsor from water development account I
7 through the commission for the design, permit procurement,
8 project land procurement, construction engineering and
9 construction of the project an amount not to exceed eight
10 hundred eighty-four thousand four hundred dollars
11 ($884,400.00) or sixty-seven percent (67%) of the actual
12 development costs, whichever is less;
13
14 (vi) Appropriation: There is appropriated from
15 water development account I to the commission eight hundred
16 eighty-four thousand four hundred dollars ($884,400.00) or
17 as much thereof as is necessary to carry out the purpose of
18 this subsection. Unexpended funds appropriated under this
19 subsection shall revert to water development account I on
20 July 1, 2026;
21
7 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (vii) Special conditions: The sponsor is
2 responsible for acquiring thirty-three percent (33%) of the
3 total project budget from other sources.
4
5 (e) Project – Northwest Rural Water System
6 Improvements 2021:
7
8 (i) Project sponsor: Northwest Rural Water
9 District;
10
11 (ii) Project purpose: Municipal and rural
12 domestic water supply;
13
14 (iii) Project description: Design and
15 construction of pumping facility upgrades, storage tanks
16 and transmission pipelines and appurtenances necessary to
17 make the project function in the manner intended;
18
19 (iv) Total project budget: Two million one
20 hundred ten thousand dollars ($2,110,000.00);
21
22 (v) Project grant: The state of Wyoming shall
23 grant to the sponsor from water development account I
8 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 through the commission for the design, permit procurement,
2 project land procurement, construction engineering and
3 construction of the project an amount not to exceed one
4 million four hundred thirteen thousand seven hundred
5 dollars ($1,413,700.00) or sixty-seven percent (67%) of the
6 actual development costs, whichever is less;
7
8 (vi) Appropriation: There is appropriated from
9 water development account I to the commission one million
10 four hundred thirteen thousand seven hundred dollars
11 ($1,413,700.00) or as much thereof as is necessary to carry
12 out the purpose of this subsection. Unexpended funds
13 appropriated under this subsection shall revert to water
14 development account I on July 1, 2026;
15
16 (vii) Special conditions: The sponsor is
17 responsible for acquiring thirty-three percent (33%) of the
18 total project budget from other sources.
19
20 (f) Project – Torrington Well Connection 2021:
21
22 (i) Project sponsor: City of Torrington;
23
9 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (ii) Project purpose: Municipal and rural
2 domestic water supply;
3
4 (iii) Project description: Design and
5 construction of a well connection, pumping facilities,
6 transmission pipelines and appurtenances necessary to make
7 the project function in the manner intended;
8
9 (iv) Total project budget: Five hundred eighty-
10 one thousand dollars ($581,000.00);
11
12 (v) Project grant: The state of Wyoming shall
13 grant to the sponsor from water development account I
14 through the commission for the design, permit procurement,
15 project land procurement, construction engineering and
16 construction of the project an amount not to exceed three
17 hundred eighty-nine thousand two hundred seventy dollars
18 ($389,270.00) or sixty-seven percent (67%) of the actual
19 development costs, whichever is less;
20
21 (vi) Appropriation: There is appropriated from
22 water development account I to the commission three hundred
23 eighty-nine thousand two hundred seventy dollars
10 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 ($389,270.00) or as much thereof as is necessary to carry
2 out the purpose of this subsection. Unexpended funds
3 appropriated under this subsection shall revert to water
4 development account I on July 1, 2026;
5
6 (vii) Special conditions: The sponsor is
7 responsible for acquiring thirty-three percent (33%) of the
8 total project budget from other sources.
9
10 99-3-2604. Level III construction projects –
11 rehabilitation.
12
13 (a) Authorization is granted for the Level III
14 rehabilitation construction projects identified in this
15 section subject to the general conditions specified in W.S.
16 99-3-104, provided that W.S. 99-3-104(a)(iii) shall not
17 apply to the projects identified in this section unless
18 required by W.S. 41-2-121.
19
20 (b) Project – Interstate Irrigation and Reservoir
21 Irrigation District Improvements 2021:
22
11 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (i) Project sponsor: Interstate Irrigation and
2 Reservoir Irrigation District Improvements;
3
4 (ii) Project purpose: Agricultural water supply;
5
6 (iii) Project description: Design and
7 construction of pipelines and appurtenances necessary to
8 make the project function in the manner intended;
9
10 (iv) Total project budget: Four million two
11 hundred twenty thousand dollars ($4,220,000.00);
12
13 (v) Project grant: The state of Wyoming shall
14 grant to the sponsor from water development account II
15 through the commission for the design, permit procurement,
16 project land procurement, construction engineering and
17 construction of the project an amount not to exceed two
18 million eight hundred twenty-seven thousand four hundred
19 dollars ($2,827,400.00) or sixty-seven percent (67%) of the
20 actual development costs, whichever is less;
21
22 (vi) Appropriation: There is appropriated from
23 water development account II to the commission two million
12 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 eight hundred twenty-seven thousand four hundred dollars
2 ($2,827,400.00) or as much thereof as is necessary to carry
3 out the purpose of this subsection. Unexpended funds
4 appropriated under this subsection shall revert to water
5 development account II on July 1, 2026;
6
7 (vii) Special Conditions: The sponsor is
8 responsible for acquiring thirty-three percent (33%) of the
9 total project budget from other sources.
10
11 (c) Project – Salt Creek Transmission Pipeline 2021:
12
13 (i) Project sponsor: Salt Creek Joint Powers
14 Board;
15
16 (ii) Project purpose: Municipal and rural
17 domestic water supply;
18
19 (iii) Project description: Design and
20 construction of replacement transmission pipelines and
21 appurtenances necessary to make the project function in the
22 manner intended;
13 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1
2 (iv) Total project budget: Ten million nine
3 hundred twenty thousand dollars ($10,920,000.00);
4
5 (v) Project grant: The state of Wyoming shall
6 grant to the sponsor from water development account II
7 through the commission for the design, permit procurement,
8 project land procurement, construction engineering and
9 construction of the project an amount not to exceed seven
10 million three hundred sixteen thousand four hundred dollars
11 ($7,316,400.00) or sixty-seven percent (67%) of the actual
12 development costs, whichever is less;
13
14 (vi) Appropriation: There is appropriated from
15 water development account II to the commission seven
16 million three hundred sixteen thousand four hundred dollars
17 ($7,316,400.00) or as much thereof as is necessary to
18 carry out the purpose of this subsection. Unexpended funds
19 appropriated under this subsection shall revert to water
20 development account II on July 1, 2026;
21
22 (vii) Special Conditions:
14 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (A) The sponsor is responsible for
2 acquiring thirty-three percent (33%) of the total project
3 budget from other sources;
4
5 (B) The appropriation of funds for this
6 project is contingent upon the transfer of funds to water
7 development account II as described in section 3 of this
8 act.
9
10 (d) Project – Shoshone Irrigation District
11 Improvements 2021:
12
13 (i) Project sponsor: Shoshone Irrigation
14 District;
15
16 (ii) Project purpose: Agricultural water supply;
17
18 (iii) Project description: Design and
19 construction of lateral pipelines, structures and
20 appurtenances necessary to make the project function in the
21 manner intended;
22
15 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (iv) Total project budget: Four hundred seventy-
2 seven thousand five hundred dollars ($477,500.00);
3
4 (v) Project grant: The state of Wyoming shall
5 grant to the sponsor from water development account II
6 through the commission for the purchase of project
7 materials as supported by vendor invoices and as approved
8 by the commission an amount not to exceed two hundred forty
9 thousand dollars ($240,000.00) or one hundred percent
10 (100%) of the approved materials costs, whichever is less;
11
12 (vi) Appropriation: There is appropriated from
13 water development account II to the commission two hundred
14 forty thousand dollars ($240,000.00) or as much thereof as
15 is necessary to carry out the purpose of this subsection.
16 Unexpended funds appropriated under this subsection shall
17 revert to water development account II on July 1, 2026;
18
19 (vii) Special conditions:
20
21 (A) The sponsor is responsible for all
22 project costs with the exception of the purchase of project
16 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 materials as supported by vendor invoices and as approved
2 by the commission;
3
4 (B) The sponsor is responsible for retaining
5 professional engineering services to design the project,
6 compile materials and bidding documents and monitor
7 construction activities including the installation of
8 project components and the tracking of project
9 expenditures;
10
11 (C) The appropriation of funds for this
12 project is contingent upon the transfer of funds to water
13 development account II as described in section 3 of this
14 act.
15
16 (e) Project – Sidon Irrigation District
17 Rehabilitation 2021:
18
19 (i) Project sponsor: Sidon Irrigation District;
20
21 (ii) Project purpose: Agricultural water supply;
22
17 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 (iii) Project description: Design and
2 construction of structures, gates and appurtenances
3 necessary to make the project function in the manner
4 intended;
5
6 (iv) Total project budget: Seven hundred fifty-
7 five thousand four hundred seventy-five dollars
8 ($755,475.00);
9
10 (v) Project grant: The state of Wyoming shall
11 grant to the sponsor from water development account II
12 through the commission for the purchase of project
13 materials as supported by vendor invoices and as approved
14 by the commission an amount not to exceed five hundred
15 seventy-six thousand dollars ($576,000.00) or one hundred
16 percent (100%) of the approved materials costs, whichever
17 is less;
18
19 (vi) Appropriation: There is appropriated from
20 water development account II to the commission five hundred
21 seventy-six thousand dollars ($576,000.00) or as much
22 thereof as is necessary to carry out the purpose of this
18 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 subsection. Unexpended funds appropriated under this
2 subsection shall revert to water development account II on
3 July 1, 2026;
4
5 (vii) Special conditions:
6
7 (A) The sponsor is responsible for all
8 project costs with the exception of the purchase of project
9 materials as supported by vendor invoices and as approved
10 by the commission;
11
12 (B) The sponsor is responsible for retaining
13 professional engineering services to design the project,
14 compile materials and bidding documents and monitor
15 construction activities including the installation of
16 project components and the tracking of project
17 expenditures.
18
19 Section 2. W.S. 99-3-1106(b)(iv) and (vii),
20 99-3-1503(g)(vi), 99-3-1903(k)(iv) through (vi), 99-3-1904
21 (m)(iv) through (vi), 99-03-2103(b)(vi), are amended to
22 read:
23
19 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 99-3-1106. Sponsor's contingency funds.
2
3 There are created the following sponsor's contingency
4 funds:
5
6 (b) Project – Sponsor's Contingency Fund –
7 Rehabilitation:
8
9 (iv) Total project budget: Three million
10 dollars ($3,000,000.00) Four million five hundred thousand
11 dollars ($4,500,000.00);
12
13 (vii) Appropriation: There is appropriated from
14 water development account II to the commission Three
15 million dollars ($3,000,000.00) Four million five hundred
16 thousand dollars ($4,500,000.00) or as much thereof as is
17 necessary to carry out the purpose of this subsection.
18 Unexpended funds appropriated under this subsection shall
19 revert to water development account II on July 1, 2025
20 2026; and
21
22 99-3-2103. Level III construction projects – new
23 development.
20 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1
2 (b) Project – Arapahoe Water Supply 2016:
3
4 (vi) Appropriation: There is appropriated from
5 water development account I to the commission two million
6 two hundred forty-seven thousand eight hundred fifty
7 dollars ($2,247,850.00) or as much thereof as is necessary
8 to carry out the purpose of this subsection. Unexpended
9 funds appropriated under this subsection shall revert to
10 water development account I on July 1, 2021 2024.
11
12 99-3-1503. Level III construction projects – new
13 development.
14
15 (g) Project – Ethete Water Supply:
16
17 (vi) Appropriation: There is appropriated from
18 water development account I to the commission two million
19 dollars ($2,000,000.00) or as much thereof as is necessary
20 to carry out the purpose of this subsection. Unexpended
21 funds appropriated under this subsection shall revert to
22 water development account I on July 1, 2021 2023.
23
21 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 99-3-1903. Level III construction projects – new
2 development.
3
4 (k) Project - Small Water Development Projects -
5 2014:
6
7 (iv) Total project budget: Eleven million three
8 hundred twenty-six thousand dollars ($11,326,000.00)
9 Thirteen million three hundred twenty-six thousand dollars
10 ($13,326,000.00);
11
12 (v) Project grant: The state of Wyoming shall
13 grant to sponsors from water development account I through
14 the commission for the design, permit procurement, project
15 land procurement, construction engineering and construction
16 of the project an amount not to exceed five million six
17 hundred sixty-three thousand dollars ($5,663,000.00) six
18 million six hundred sixty-three thousand dollars
19 ($6,663,000.00) or fifty percent (50%) of the actual
20 development costs, whichever is less;
21
22 (vi) Appropriation: There is appropriated from
23 water development account I to the commission five million
22 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 six hundred sixty-three thousand dollars ($5,663,000.00)
2 six million six hundred sixty-three thousand dollars
3 ($6,663,000.00) or as much thereof as is necessary to carry
4 out the purpose of this subsection. The funds appropriated
5 shall not lapse at the end of any fiscal period but shall
6 carry over until expended or reverted by the legislature to
7 water development account I;
8
9 99-3-1904. Level III construction projects –
10 rehabilitation.
11
12 (m) Project - Small Water Development Projects -
13 2014:
14
15 (iv) Total project budget: Five million three
16 thousand five hundred ninety dollars ($5,003,590.00) Six
17 million three thousand five hundred ninety dollars
18 ($6,003,590.00);
19
20 (v) Project grant: The state of Wyoming shall
21 grant to sponsors from water development account II through
22 the commission for the design, permit procurement, project
23 land procurement, construction engineering and construction
23 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 of the project an amount not to exceed two million five
2 hundred one thousand seven hundred ninety-five dollars
3 ($2,501,795.00) three million one thousand seven hundred
4 ninety-five dollars ($3,001,795.00) or fifty percent (50%)
5 of the actual development costs, whichever is less;
6
7 (vi) Appropriation: There is appropriated from
8 water development account II to the commission two million
9 five hundred one thousand seven hundred ninety-five dollars
10 ($2,501,795.00) three million one thousand seven hundred
11 ninety-five dollars ($3,001,795.00) or as much thereof as
12 is necessary to carry out the purpose of this subsection.
13 The funds appropriated shall not lapse at the end of any
14 fiscal period but shall carry over until expended or
15 reverted by the legislature to water development account
16 II;
17
18 Section 3. The Wyoming water development commission
19 is hereby authorized to transfer seven million five hundred
20 thousand dollars ($7,500,000.00) from water development
21 account I created by W.S. 41-2-124(a)(i) to water
22 development account II created by W.S. 41-2-124(a)(ii).
23
24 [Bill Number] 2021 STATE OF WYOMING 21LSO-0310 Working Draft 0.1
1 Section 4. This act is effective immediately upon
2 completion of all acts necessary for a bill to become law
3 as provided by Article 4, Section 8 of the Wyoming
4 Constitution.
5
6 (END)
25 [Bill Number] WYOMING WATER DEVELOPMENT COMMISSION LEVEL III CONSTRUCTION REPORT December-2020
Eden Valley Farson Lateral Eden Valley Irrigation and Drainage PROJECT: SPONSOR: Rehabilitation District PROJECT DESCRIPTION: Irrigation system improvements including lining the Farson Canal and converting open canals to pipe.
WWDC MANAGER: William Brewer
FUNDING WWDC Appropriation: $ 3,076,000.00 60.3% WWDC Account: Account II 2013, 2015, WWDC Grant Amount: $ 3,076,000.00 60.3% Session Law: 2016, 2019 WWDC Loan Amount: $ - 0.0% Reversion Date: 2021
Funding Source #2: BSP Amount: $ 2,024,413.00 39.7%
Total Project Budget: $ 5,100,413.00 100.0% ENGINEERING Engineer: JUB Engineers Agreement Date: Sep-08-2016 Design Fee: $ 340,000.00 Construction Fee: $ 365,000.00 Total Fee: $ 705,000.00 CONSTRUCTION Bid Opening Date: Aug-08-2019 Number of Bids: 6 Low Bidder: Searle Bros. Range of Bids: $3.8-$6.6M Engineer's Estimate: $ 3,958,000.00 Agreement Date: Aug-08-2019 Contractor Amount: $ 3,855,929.70 Construction Time: 214
MISCELLANEOUS COSTS (Easements, Permits, Title Of Opinion, Title Search etc.) Misc. Costs $ 249,886.28 PROJECT CLOSEOUT Final Project Cost: $ 4,810,815.98 Date: Oct-21-2020 WWDC Funding Share: $ 2,839,861.93 Other Funding Sources: $ 1,970,954.05 WWDC Reverted Funding: $ 236,138.07 PROJECT STATUS The Project was completed in the summer of 2020 and is now closed out. WYOMING WATER DEVELOPMENT COMMISSION LEVEL III CONSTRUCTION REPORT December-2020
Eden Valley ID System Improvements Eden Valley Irrigation and Drainage PROJECT: SPONSOR: 2019 District PROJECT DESCRIPTION: Irrigation system improvements to sandtrap and canal
WWDC MANAGER: William Brewer
FUNDING WWDC Appropriation: $ 351,000.00 54.0% WWDC Account: Account II WWDC Grant Amount: $ 351,000.00 54.0% Session Law: 2019 WWDC Loan Amount: $ - 0.0% Reversion Date: 2024
Funding Source #2: BOR Amount: $ 299,000.00 46.0%
Total Project Budget: $ 650,000.00 100.0% ENGINEERING Engineer: JUB Engineers Agreement Date: May-30-2019 Design Fee: $ 42,000.00 Construction Fee: $ 42,000.00 Total Fee: $ 84,000.00 CONSTRUCTION Bid Opening Date: Number of Bids: Low Bidder: Range of Bids: Engineer's Estimate: Agreement Date: Contractor Amount: Construction Time:
MISCELLANEOUS COSTS (Easements, Permits, Title Of Opinion, Title Search etc.) Misc. Costs PROJECT CLOSEOUT Final Project Cost: Date: WWDC Funding Share: Other Funding Sources: $ - WWDC Reverted Funding: PROJECT STATUS The Project is currently between 10% and 50% design.
2021 WWDC/SWC MEETING SCHEDULE (Oct. 2020)
Date Day Program Item
MARCH
March 18, 2021 Thursday WWDC Workshop (Cheyenne) March 19, 2021 Friday WWDC Meeting (Election of Officers, Level I, II III, SWPP Contract Approval)
______
MAY
May 12, 2021 Wednesday New Commissioner Orientation (Cheyenne) May 13, 2021 Thursday WWDC/SWC Workshop (Cheyenne) May 14, 2021 Friday WWDC/SWC Joint Meeting, (New Level I & II Apps Review/Approval, SRF-IUP) ______
AUGUST
August 11-13, 2021 Wed-Fri WWDC/SWC Workshop/Summer Tour/Meeting (TBD) ______
OCTOBER
October 5-7, 2021 Tues-Thurs Consultant Selection Interviews (Cheyenne) October 8, 2021 Friday WWDC Meeting, Selection Approval (Cheyenne)
______
NOVEMBER
November 8, 2021 Monday WWDC/SWC Workshop (Casper) November 9-10, 2021 Tues-Wed WWDC/SWC Joint Meeting (Preliminary Funding Recs prior to WyoLeg) (Casper)
______