SUBJECT to REVISION Wyoming Water Development Commission
Total Page：16
File Type：pdf, Size：1020Kb
SUBJECT TO REVISION Wyoming Water Development Commission/Select Water Committee Joint Workshop/Meeting Washakie Museum & Cultural Center 2200 Big Horn Ave, Worland, WY August 19-21, 2015 August 19, 2015 1:30 p.m. Workshop Agenda: 1. Memo re: Exemption for Non-Public Entities for Level I Studies (A) 2. Charts for: 10 years of revenues (WDA I, II, III) (B) 10 years of project appropriations (WDA I, II, III) 3. Consultant selection questionnaire (C) Draft standard questions . Conflict of Interest . Record on Time of performance Statute 9-2-1031 - Requires timely performance 4. Investigation of Irrigation Assessments (D) 5. WWDC Survey Results (E) 6. Results from the Public Purpose Investment Evaluation by the LSO (F) 7. LSO Scoping Paper on the WWDC (G) Management Audit Committee action: Proceed with full evaluation 8. Executive Session to consider confidential information August 20, 2015 8:00 a.m. – Summer Tour (H) Leavitt Reservoir Alkali Creek Reservoir Site Lunch @ Medicine Lodge State Park Lower Nowood I&S District South Circle Estates I&S District Meadowlark Lake Dinner in Ten Sleep SUBJECT TO REVISION Wyoming Water Development Commission/Select Water Committee Joint Workshop/Meeting Washakie Museum & Cultural Center 2200 Big Horn Ave, Worland, WY August 19-21, 2015 August 21, 2015 8:30 a.m. Joint Meeting Agenda 1. Call to Order 2. Recognition of Members present to establish quorum 3. Approval of Agenda 4. Approval of Minutes (I) June 4, 2015 June 3, 2015 Executive Session 5. Audience Introductions 6. Authorize public notice for comments for Small Water Projects Program Operating Criteria (SWPP) (J) Basin States Program (BSP) (K) Memorandum of Agreement (MOA) (L) 7. State Grazing Lease #3-7503 (High Savery Reservoir) Mutual consent to terminate Jon’s Sublease (M) Approval of Matt Myers Sublease (Mc) 8. Small Water Program Amendment Hazen Draw Project, Amendment No. 2 (N) 9. Discussion Financial Status of Funds (O) 2017-18 Biennium Budget Submittal (P) Commission Project Assignments (hand out) 10. Future Meetings Schedule Next 2015 meeting – November 4-6, 2015, Casper, WY 2016 WWDC/SWC Calendar (Q) Matthew H. Mead Governor WYOMING WATER DEVELOPMENT COMMISSION Commissioners Nick Bettas Sheridan Little 6920 Yellowtail Road, Cheyenne, WY 82002 Travis C. Brockie, I William Resor Karen Budd-Falen Jeanette Sekan Phone: (307) 777-7626 Floyd Canfield Rodney Wagner Fax: (307) 777-6819 David Evans Todd Werbelow http://wwdc.state.wy.us Harry C. LaBonde, Jr., P.E. Director Date: August 5, 2015 To: Wyoming Water Development Commission From: Harry LaBonde Subject: Planning Studies for Non-Public Entities In light of recent discussions at commission meetings and the fact that the LSO will take up this topic in the upcoming program evaluation, I have prepared this memo regarding the practice of funding planning studies when the applicant/sponsor is not an organized public entity. In all of these situations, the WWDC retains the services of a consulting engineering firm to conduct the Level I study. The WWDC develops the scope of work and administers the contract during its completion. The sponsor does not receive any form of direct financial assistance in this process. Generally, the WWDC Operating Criteria requires that the sponsor be a public entity. However, within the Operating Criteria there are two situations when the WWDC may fund planning studies without the benefit of a public sponsor. They are as follows: 1. Operating Criteria, Applications - Page 8 – “The WWDC may waive the requirement that the project sponsor be a public entity for Level I studies. This will allow the applicant to know if there is a viable project prior to becoming a public entity. However, the applicant must be a public entity before applying for a Level II study. Under these circumstances, the Level I process will have a two- year duration with the study being completed the first year and the sponsor forming a public entity the second year. If the WWDC is to consider waiving this requirement, a representative of the applicant shall be required to appear before the WWDC to make a formal presentation on the project and to answer questions regarding the application.” 2. Operating Criteria, Dams and Reservoirs, Page 22 – “The WWDC may accept applications related to the construction of dams and reservoirs from applicants that are not public entities. As the evaluations of the feasibility of new dams are complex, this will allow the applicant to know if the proposed reservoir is feasible prior to becoming a public entity. However, the applicant must be a public entity before applying for Level II, Phase III funding.” As indicated in both of these Operating Criteria sections, the general intent is to provide information to the sponsor so they can determine if the project is “viable” or “feasible” before they incur the cost to form a district. In speaking with an attorney who specializes in special district formation in Wyoming, one can expect legal fees to run a minimum of $10,000 to form a simple Improvement and Service District and $30,000 to form a simple Water District. If multiple counties are involved or the proposal is complex, the fees go up. In the case of Level I water system master plans, the sponsor is always a public water system by EPA’s definition, i.e. 15 taps or serving more than 25 people on a daily basis. The system may be privately owned but it must comply with the Safe Drinking Water Act (SDWA) which is a federal law. Additionally, modifications or improvements to these systems must obtain a permit to construct from DEQ and comply with their regulations for potable water systems. In reviewing the state statutes regarding the formation of Water Districts, the following information is required as part of the petition to establish the district which is filed with the respective County Commission: Source of the water to be used Amount of water to used A determination that the source of supply is adequate to meet the forecast demand A description of the water service mains, pumps, and treatment facilities If the proposed district is within two miles of a city or town, the proposed improvements will meet municipal standards The boundaries and land area to be included in the district In the development of new reservoirs, the purpose and need for the facility is generally irrigation water shortages and the benefitting landowners are typically not organized into an irrigation district. As such, most landowners would like answers to such questions as what is the overall project cost, how much water will the project yield, what lands will benefit, what is the anticipated per acre assessment, etc. before they move forward with district formation. Level I studies capture all of the basic information listed above plus develop capital improvement plans and cost estimates. This information is critical when the residents of an area contemplate the formation of a district. For that reason, I believe past Commissions have created the two exemptions allowing for the WWDC to work with non-public entities in the early planning stages of a project, thereby increasing the success rate in bringing projects to fruition. Water Development Account I Revenues by Fiscal Year Appropriations by Session Law Year $50,000,000.00 $45,000,000.00 $40,000,000.00 $35,000,000.00 $30,000,000.00 $25,000,000.00 $20,000,000.00 $15,000,000.00 $10,000,000.00 $5,000,000.00 $- 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Water Development Account II Revenues by Fiscal Year Appropriations by Session Law Year $20,000,000.00 $18,000,000.00 $16,000,000.00 $14,000,000.00 $12,000,000.00 $10,000,000.00 $8,000,000.00 $6,000,000.00 $4,000,000.00 $2,000,000.00 $- 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 Water Development Account III Revenues by Fiscal Year Appropriations by Session Law Year $70,000,000 $60,000,000 $50,000,000 $40,000,000 $30,000,000 $20,000,000 $10,000,000 $0 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 -$10,000,000 -$20,000,000 Governot WYOMING WATER DEVELOPMENT COMMISSION Commissioners Nick Bettas Sheridan Little 6920 YeLlowtail Road, Cheyenne, WY 82002 Travis C. Brockie, I William Resor Karen Budd-Falen Jeanette Sekan Phone: (307) 777-7626 Floyd Canfield Rodney Wagner Fax: (307) 777-6819 David Evani' Todd Werbelow http: / /wwdc.state.wy.us Harry C. LaBonde, ?r., P.E. Director Date: August s, 2015 To: Harry LaBonde, WWDO Director -'? From: E3arry Lawrence, Planning Division Deputy Director Subject: Standard Requirements and Information Requested during WWDC Consultant Selection Process A brief summary of the standard requirements and information requested of consultants during the Wyoming Water Development Commission's consultant selection process follows: Qualifications * Must show firm's capability for performing the project. * Must Iist project team members and identify the Project Manager. * Must include a certification that the work conducted will be supervised by a professional engineer licensed in Wyoming as required by the provisions of WS 33-29-114 through WS 33-29-139 and a professional geologist licensed in Wyoming as required by the provisions of WS 33-41-101 through 33-41-121 . * Must be registered with the State of Wyoming. * Must state which offices will be peforming the project work. * Must provide a resume for each key project member. @ Must Identify all proposed subconsultants, list the work to be performed by the proposed subconsultants, and provide statements of project specific qualifications for each subconsultant. Other Requirements * Must provide listing of current clients whose interests may compete or conflict with the project as described.