State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter2

CHAPTER 2 - PLANNING AND DEVELOPMENT

 

ARTICLE 1 - IN GENERAL

 

41-2-101. Repealed By Laws 1999, ch. 149, 1.

 

41-2-102. Repealed By Laws 1999, ch. 149, 1.

 

41-2-103. Repealed By Laws 1999, ch. 149, 1.

 

41-2-104. Repealed By Laws 1999, ch. 149, 1.

 

41-2-105. Repealed By Laws 1999, ch. 149, 1.

 

41-2-106. Repealed By Laws 1999, ch. 149, 1.

 

41-2-107. Water resources plans; review; submission to commission.

 

Thecommission shall formulate and from time to time review and revise water andrelated land resources plans for the state of Wyoming and for appropriateregions and river basins. The plans shall implement the policies stated in theWyoming constitution and in statutes pertaining to the state's water andrelated land resources.

 

41-2-108. Water resources plans; powers of commission.

 

 

(a) In the formulation of these plans the commission may:

 

(i) Repealed by Laws 1979, ch. 59, 5.

 

(ii) Consult with and receive the views of persons, local groupsand organizations representing water users, special interests, industries andthe public interest, and acquire data and information relating to water, wateruse, water conservation, and water quality from government agencies,departments and other sources;

 

(iii) Coordinate the water resources plans with other governmentagencies and departments;

 

(iv) Undertake studies, investigations, surveys and researchrelevant to the formulation of the water resources plans and enter intocontracts and arrangements for the same with any government agency, department,or any person, firm, university, institution, or state or nationalorganization;

 

(v) Adopt, in whole or in part, studies and reports made byother governmental agencies, state or federal; and

 

(vi) Perform other related activities or functions as arerelevant and appropriate to the formulation of water resources plans.

 

41-2-109. Water resources plans; contents.

 

 

(a) The water resources plans shall, to the extent deemedpractical:

 

(i) Identify, describe and inventory the occurrence, amounts,availability and quality of water resources, current uses of water, activitiesthat affect the quality of water, and activities that are dependent on,affected by, or relate to water and uses of water;

 

(ii) Identify and describe prospective needs and demands forwater and opportunities for water development, control, withdrawal, storage,conservation, supply, distribution, drainage and disposal;

 

(iii) Identify and specify for each plan appropriate state,regional and local goals and objectives for management of water resources,including the obtaining of economic efficiency and a desirable distribution ofincome, the protection of the health, safety and welfare of the people, theprotection and encouragement of particular industries and activities, theprotection and enhancement of the environment and recreation; and

 

(iv) Evaluate and compare prospective and anticipated uses andprojects, including combinations and coordinations thereof, uses of alternativesources of water and alternative uses of water, in terms of goals identifiedpursuant to paragraph (iii) of this subsection.

 

41-2-110. Water resources plans; duties of commission.

 

 

(a) The commission shall:

 

(i) Publish the water resources plans as they are formulatedand adopted and disseminate them to people, industries and governmentdepartments and agencies;

 

(ii) Give advice and assistance if requested to governmentdepartments and agencies, furnish to them the appropriate plans, and makeavailable related subsidiary and additional data and information, or data andinformation related to plans in the process of preparation;

 

(iii) Recommend action or legislation needed to implement andcarry out the plans.

 

(iv) Repealed by laws 1979, ch. 59, 5.

 

41-2-111. Suits for enforcement of water rights; appeals fromdecisions of state engineer and state board of control.

 

 

(a) Upon the request of the state engineer, the attorneygeneral shall bring suit in the name of the state of Wyoming, in the properdistrict court, to enjoin the unlawful appropriation, diversion or use of thewaters of the state, or the waste or loss thereof. A showing of injury in suchsuits shall not be required as a condition to the issuance of any temporaryrestraining order, preliminary or permanent injunction. If an appeal is takenfrom the judgment or decree entered by the district court in such suit, itshall be the duty of the supreme court, at the request of one (1) of theparties, to advance the appeal to the head of its docket and give it precedenceover all other civil causes in the hearing and determination thereof.

 

(b) Upon any appeal being taken from the board of control orstate engineer to a district court, it shall be the duty of the court, at therequest of one (1) of the parties, to advance the appeal to the head of itstrial docket and to give the appeal precedence over all civil causes in thehearing and determination thereof. If an appeal is then taken from the judgmentor decree of the district court to the supreme court of the state, it shall bethe duty of the supreme court, at the request of one (1) of the parties to theappeal, to advance the appeal to the head of its docket and give it precedenceover all civil causes in the hearing and determination thereof.

 

41-2-112. Wyoming water development program.

 

(a) The Wyoming water development program is established tofoster, promote and encourage the optimal development of the state's human,industrial, mineral, agricultural, water and recreational resources. Theprogram shall provide, through the commission, procedures and policies for theplanning, selection, financing, construction, acquisition and operation ofprojects and facilities for the conservation, storage, distribution and use ofwater, necessary in the public interest to develop and preserve Wyoming's waterand related land resources. The program shall encourage development of waterfacilities for irrigation, for reduction of flood damage, for abatement ofpollution, for preservation and development of fish and wildlife resources andfor protection and improvement of public lands and shall help make availablethe waters of this state for all beneficial uses, including but not limited tomunicipal, domestic, agricultural, industrial, instream flows, hydroelectricpower and recreational purposes, conservation of land resources and protectionof the health, safety and general welfare of the people of the state ofWyoming.

 

(b) In developing financing recommendations under the Wyomingwater development program, the commission shall:

 

(i) Emphasize multi-purpose water projects for maximum benefitsand cost allocation;

 

(ii) Identify project costs and benefits;

 

(iii) Recommend an allocation of project costs, includingexpenditures of state funds for Level I reconnaissance studies and Level IIfeasibility studies, to be reimbursed by project beneficiaries and to be borneby the state;

 

(iv) Recommend terms and conditions of financing project costs,maintenance and operation, based on the benefits to be derived by projectbeneficiaries and their respective ability to pay;

 

(v) Consider all funds, assets and revenue sources of allproject beneficiaries and recommend financing plans which will reimburseexpenditures of state funds, except as such expenditures may be allocated to astate benefit, including enhancement of fish and wildlife habitat orrecreation;

 

(vi) Consider state construction and ownership of any projectwhich requires the state to finance unreimbursed costs in excess of ten percent(10%) of the total project cost, and submit recommendations on project costsand potential revenues from sale of water or power from the project;

 

(vii) Consider any other factors necessary to developcomprehensive financing recommendations.

 

41-2-113. Definitions.

 

 

(a) As used in W.S. 41-1-106 through 41-1-108 and 41-2-107through 41-2-118:

 

(i) "Project" means any dam, reservoir, canal, ditch,well or well field, hydroelectric power plant, regulatory work and all worksand facilities necessary for the supply and utilization of water for beneficialuses, including the improvement of any feature, facility, function or portionof a project;

 

(ii) "Construct" means to construct, to acquire bylegal means, to contribute or loan funds for the construction of and to financethe construction or acquisition of a project;

 

(iii) "Commission" means the Wyoming water developmentcommission created by W.S. 41-2-117.

 

41-2-114. Development of water projects; rehabilitation of waterprojects.

 

(a) The commission shall, on the basis of the state water planor as otherwise directed by the legislature and after consultation with andadvice from state agencies and officials, other appropriate agencies andofficials, the joint business council of the Eastern Shoshone and NorthernArapaho Indian tribes, the business council of the Eastern Shoshone Indiantribe, the business council of the Northern Arapaho Indian tribe and members ofthe public, identify and select potential projects to be studied for inclusionin the Wyoming water development program pursuant to the following schedule:

 

(i) Level I reconnaissance studies shall, to the extentpossible:

 

(A) Describe the project;

 

(B) Identify the need for the project including supplies anddemands for the water;

 

(C) In cooperation with the state engineer, assess the statusof water rights, including existing conflicts and recommendations forresolution of the conflicts and other potential obstacles;

 

(D) Assess and describe federal permits required forconstruction;

 

(E) Assess environmental considerations and constraints,including recreational use of the water in storage;

 

(F) Identify legal constraints to development;

 

(G) Identify alternate sources of supply including both surfacewater and groundwater;

 

(H) Summarize public testimony received at meetings held by thecommission in the basin of origin; and

 

(J) Contain the commission's recommendation to the legislaturewhether to terminate further consideration of the proposed project or tocontinue the project at its current level of study, or to proceed with furtheractivity under paragraph (a)(ii), (iii) or (iv) of this section.

 

(ii) Level II feasibility studies shall to the extent possible:

 

(A) Include a detailed analysis of factors relevant to development,operation and maintenance;

 

(B) Identify major problems and opportunities concerningdevelopment and the environmental, recreational, social and economic effects ofdevelopment;

 

(C) Identify the desired sequence of events, includingcommencement of state and federal permitting activities and acquisition ofland;

 

(D) Summarize testimony received at public hearings held by thecommission in the basin of origin;

 

(E) Include test drilling for groundwater projects;

 

(F) Contain final concept design and cost estimates;

 

(G) Include the project financing plan;

 

(H) Identify the interests in land and water rights to beacquired and the means and costs of acquisition. An "interest inland" may include the fee simple title or any other interest in land lessthan a fee simple; and

 

(J) Include draft legislation describing in detail theconstruction, operation and financing of the proposed project, includingreimbursement of predevelopment costs from the beneficiaries of the project.

 

(iii) Repealed by Laws 1988, ch. 79, 11.

 

(iv) Level III construction and operation plans shall proceed asauthorized and approved by the legislature under the immediate direction andcontrol of the commission. Preference in the marketing of hydroelectric powerfrom any such project shall be given to utilities serving Wyomingmunicipalities and to rural electric cooperatives where economical andpermissible under federal law. Pursuant to legislative authorization for waterdevelopment projects and prior to completion of Level III construction thecommission may:

 

(A) Design, construct, acquire or purchase water developmentprojects for the conservation, storage, distribution and use of water or anyfeature, facility, function or portion of a project;

 

(B) Contract for the performance of any power undersubparagraph (A) of this paragraph, and consult with or employ experts andprofessional persons;

 

(C) Acquire by purchase, lease, appropriation, gift, exchangeor eminent domain, necessary land, easements and other property forconstruction, operation and maintenance of water projects and accept gifts,grants and contributions of money from any source;

 

(D) Acquire by purchase, lease, appropriation, development,gift or exchange necessary water rights for construction, operation andmaintenance of water projects and accept gifts, grants and contributions ofmoney from any source;

 

(E) Contract for the sale, lease or delivery of water, waterrights, water storage or hydroelectric power, and fix charges, rates, rents,fees and tolls;

 

(F) Contract with, contribute to or receive contributions fromany legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for theconstruction, operation, management and maintenance of any project or anyinterest in any facility or function of a project.

 

(v) After completion of Level III construction, the commission:

 

(A) Shall be responsible for the operation and maintenance ofstate owned facilities constructed under the direction and control of thecommission;

 

(B) Shall manage contracts and agreements entered into by thecommission pursuant to paragraph (iv) of this subsection;

 

(C) May contract for the sale, lease or delivery of water,water rights, water storage or hydroelectric power and fix charges, rates,rents, fees and tolls for any project constructed pursuant to paragraph (iv) ofthis subsection not in conflict with contracts and agreements entered into bythe commission;

 

(D) May contract with, contribute to or receive contributionsfrom any legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for the operation,management and maintenance of any project or any interest in any facility orfunction of a project.

 

(b) State agencies shall cooperate fully with the commission inthe preparation of the studies. In the execution of these activities, thecommission shall:

 

(i) Receive and acquire data relating to water, water use andwater quality from any source as it relates to the project;

 

(ii) Repealed by Laws 1979, ch. 59, 5.

 

(iii) Hold public hearings within the basin of origin waterdivision where the proposed project will be wholly or partly constructed,consult with and receive the views of private persons, local groups,associations and organizations representing water users, industries and thepublic interest;

 

(iv) Coordinate the feasibility studies with the plans of othergovernment agencies and departments;

 

(v) Undertake studies, investigations, surveys and researchrelevant to the completion of the study and enter into contracts andarrangements for its completion with any government agency, department or anyperson, firm, university, institution or state or national organization;

 

(vi) Undertake studies, investigations, surveys and researchrelevant to outright purchase by the state of Wyoming of water interests fromthe federal government;

 

(vii) Perform any other related activities or functions relevantand appropriate to the completion of the feasibility study; and

 

(viii) Maximize the use of all existing information, data, reportsand other materials, and no funds shall be expended to duplicate existinginformation, data, reports and other materials.

 

(c) Repealed by Laws 1982, ch. 59, 2.

 

(d) The commission may suspend the expenditure of time or fundson a project at any level of activity, if it is established that it would be inthe public interest. The commission shall report the reason for any suspensionof activity to the legislature.

 

(e) Any person seeking financial assistance from the waterdevelopment account to rehabilitate an existing water project shall submit thatrequest to the commission. The commission shall:

 

(i) Review and develop plans and recommendations for theproject as provided in this section.

 

(ii) Repealed by Laws 1986, ch. 109, 3.

 

(f) The commission shall make a recommendation to thelegislature for disposition of projects it retains under subsection (e) of thissection.

 

41-2-115. Report; authorization; assignment.

 

 

(a) In preparation of the final concept design under W.S.41-2-114(a)(ii), the commission shall after giving public notice hold a publichearing within the affected water division. Any interested person, associationor state or federal agency may appear and participate as a party. Following thehearing, the commission shall make public a report of their findings relativeto whether the project is in the public interest, stipulating if the proposedproject functions and services can be served by any person, association orcorporation engaged in private enterprise, or if private enterprise has refusedto provide the functions and services identified as being required by theproposed project. The commission shall then proceed as set forth in subsections(b) and (c) of this section. Nothing in this section shall be construed tointerfere with the duties of the state engineer or the state board of control.

 

(b) The commission shall within ninety (90) days following thepublic hearings transmit its findings and recommendations to the governor andlegislature pursuant to W.S. 41-2-114(a). Within thirty (30) days followingreceipt of the findings and recommendations of the commission, the governorshall submit separate recommendations concerning the projects to thelegislature. If the recommendations of the governor differ from those of thecommission, the governor shall state the reasons for nonconcurrence with therecommendations of the commission.

 

(c) If the commission finds that a project is desirable and inthe public interest, and that some other governmental agency, public districtor private corporation or association is desirous and capable of constructing,operating and maintaining the project and accomplishing the public interest tobe served thereby, the commission, with the approval of the governor and thelegislature, shall transfer or assign the project and any property or rightsconnected therewith to the agency, district, corporation or association uponagreed terms for reimbursement of the expense of predevelopment costs, paymentfor property and assurances of construction, operation and maintenance.

 

41-2-116. Water rights.

 

 

(a) The director of the Wyoming water development office shall,at the direction of the governor, file applications in the name of the stateof Wyoming for permits to appropriate water, to construct dams and other works,and to take the steps necessary to acquire, maintain or preserve the priorityof any right essential to any project which is or may become a project of theWyoming water development program, except that nothing in this subsection shallbe construed to authorize or empower the director of the Wyoming waterdevelopment office to acquire water rights through the power of eminent domain.

 

(b) All laws of the state relating to the appropriation and useof water shall apply to any projects of the Wyoming water development program.

 

41-2-117. Wyoming water development commission; membership; removal;terms.

 

(a) The Wyoming water development commission is created toconsist of ten (10) members. The membership shall include:

 

(i) Nine (9) persons, two (2) shall be residents appointed fromeach water division of the state as defined in W.S. 41-3-501, at least one (1)will be a person having an adjudicated water right. One (1) resident of Wyomingshall be appointed at large and one (1) shall be an enrolled member of theArapahoe or Shoshone Indian tribes who is resident on the Wind River IndianReservation:

 

(A) They shall be appointed by the governor, after consultationwith the superintendent of each water division and approval of the senate, andmay be removed by the governor as provided in W.S. 9-1-202;

 

(B) Not more than five (5) members shall be of the samepolitical party;

 

(C) Appointments are for a term of four (4) years;

 

(D) Five (5) of the first appointees shall serve two (2) yearterms and four (4) appointees shall serve four (4) year terms;

 

(E) No person shall be appointed for more than two (2)consecutive terms;

 

(F) If any member ceases to reside in or is absent from thedivision from which appointed for a continuous period of six (6) months ormore, the governor shall declare his office vacant and shall appoint asuccessor from the same division for the unexpired term;

 

(G) The governor shall fill a vacancy for an unexpired term ina like manner to subparagraph (F) of this paragraph;

 

(H) The commission shall annually select one (1) of its membersas chairman and one (1) of its members as secretary;

 

(J) To serve as consultants without vote the following aredesignated:

 

(I) The state engineer or his designee;

 

(II) The chief executive officer of the Wyoming business councilor other person designated by the council; and

 

(III) A person with interest, training and expertise in waterresource matters from the University of Wyoming or the Wyoming Water ResourceResearch Institute, appointed by the president of the university with theapproval of the board of trustees.

 

(b) Members from the four (4) water divisions, the at-largemember and the tribal member shall be voting members of the commission. Six (6)members constitute a quorum for the transaction of commission business.

 

(c) All grant and loan programs over which the commission hasauthority shall be administered by the Wyoming water development office.

 

41-2-118. Powers, duties, salaries and expenses of commission.

 

(a) The commission shall:

 

(i) Repealed by Laws 1992, ch. 42, 4.

 

(ii) Have authority to contract for legal counsel upon approvalof the governor to assist in matters related to water resource development asdirected by the commission. By request of the commission and upon approval ofthe governor, the legal counsel shall be entitled to use monies appropriatedfor legal matters relating to water development. Legal counsel shall consultwith the commission, director of the Wyoming water development office, stateengineer and attorney general on a regular basis;

 

(iii) Submit an annual report of its activities, expenses,recommendations and other items to the governor and the joint agriculture,state and public lands and water resources interim committee by December 31;

 

(iv) Meet quarterly and as necessary and as the governor maydirect;

 

(v) Biennially on or after March 1 elect a chairman from thenine (9) persons;

 

(vi) Establish and adjust priorities for water developmentprojects;

 

(vii) Adopt rules and regulations to implement the provisions ofW.S. 41-1-106 through 41-1-108 and 41-2-107 through 41-2-118, includingestablishment of qualifications for the administrator;

 

(viii) Perform other duties as directed by law;

 

(ix) As nearly as possible represent and assist all interestsadvocating water development and conservation in the state;

 

(x) Have the duty and the authority to conduct studies, developplans, and recommend legislation which may be enacted for the purpose ofsecuring full utilization of the waters of the state of Wyoming, giving priorityto projects for utilization of waters not now being beneficially used inWyoming;

 

(xi) Repealed by Laws 1992, ch. 42, 4.

 

(xii) Establish an application fee not to exceed one thousanddollars ($1,000.00) which shall be paid by potential project beneficiariesprior to commission consideration of a project for inclusion in the waterdevelopment program. Application fees shall be deposited into waterdevelopment account I;

 

(xiii) Represent or advocate the state's interests in negotiationsand construction of water projects assigned by the legislature or the governor;and

 

(xiv) Have authority to temporarily defer the principal amountdue on debt service payments for money loaned to an irrigation district,watershed improvement district, conservation district or a conservancy districtfor construction of water development projects whenever the governor hasdeclared that a drought emergency exists within the affected district's servicearea. The district shall be eligible for the temporary deferral of theprincipal amount due, provided the interest payments on the remaining principalamount are paid and current. The commission shall amend the amortizationschedule to reflect the length of time from the date the affected districtseeks the temporary deferral to the date the governor declares the emergencydrought condition no longer exists.

 

(b) Commission members shall receive a salary of one hundredtwenty-five dollars ($125.00) per day and actual and necessary travelingexpenses while away from home while engaged in the performance of commissionduties.

 

41-2-119. Groundwater studies.

 

(a) The Wyoming water development commission may grant not toexceed six million dollars ($6,000,000.00) to incorporated cities and towns,water and sewer districts and improvement and service districts in Wyoming forexploration for and feasibility studies of the use of underground water formunicipal and rural domestic purposes, not to exceed four hundred thousanddollars ($400,000.00) for any one (1) exploration or study. The grants shallbe made from revenues from water development account I and those revenues arehereby so appropriated. Any city or town, water and sewer district or serviceand improvement district receiving a grant pursuant to this section shall provideat least twenty-five percent (25%) of the cost of the exploration or study fromits own funds. The commission shall adopt rules and regulations governingapplication procedures for the grants.

 

(b) The commission may expend from the funds appropriated undersubsection (a) of this section for exploration and for feasibility studies ofthe use of underground water for municipal and rural domestic purposes subjectto the following conditions:

 

(i) The exploration or study shall be conducted in conjunctionwith an incorporated city or town, water and sewer district or service andimprovement district in Wyoming under an agreement;

 

(ii) Not more than four hundred thousand dollars ($400,000.00)in state funds shall be expended for any one (1) exploration or study underthis subsection;

 

(iii) The incorporated city or town, water and sewer district orservice and improvement district shall provide at least twenty-five percent(25%) of the cost of the exploration or study from funds other than under thissubsection;

 

(iv) The incorporated city or town, water and sewer district, orimprovement and service district shall apply for participation in this programunder procedures established by rules and regulations adopted by thecommission.

 

41-2-120. Approval of loans, construction or water contracts andagreements.

 

Allloans, construction or water contracts and agreements to which the state is aparty, entered into pursuant to this act or W.S. 41-2-114, shall be submittedto the select [water] committee for thirty (30) days for its review andrecommendation and approved and executed by the governor and the head of theagency, commission or board.

 

41-2-121. Criteria for water development projects; disclosure ofpersonal interests by commission.

 

 

(a) The water development commission shall establish criteriafor evaluation and administration of water development projects. Criteria shallinclude but not be limited to the following:

 

(i) All water development proposals submitted to thelegislature shall be reviewed by and accompanied by the recommendation of thewater development commission;

 

(ii) The commission's recommendation shall:

 

(A) Emphasize projects developing unappropriated water;

 

(B) Give preference wherever possible to projects developingnew storage capacity;

 

(C) Consider the potential for development of hydroelectricpower in any project through Level II;

 

(D) Include a summary of the commission's findings under W.S.41-2-112(b);

 

(E) Include financing methods subject to the following:

 

(I) Any water development project may be financed by grants notto exceed seventy-five percent (75%) of the total cost of the project;

 

(II) Storage projects may be financed by grants for the fullcost of the storage capacity but not to exceed public benefits as computed bythe commission;

 

(III) Loans may be made for domestic, municipal, agricultural,industrial, recreational or fish and wildlife enhancement purposes;

 

(IV) The term of a loan shall not exceed fifty (50) years aftersubstantial completion of a project;

 

(V) Payment of interest and principal on loans may be deferredfor not more than five (5) years after substantial completion of the project;

 

(VI) Loan contracts for project construction shall includeprovisions to ensure [that] the project shall be operated and maintained duringthe term of the loan;

 

(VII) The state may elect to own all or a part of a project andenter into water service repayment contracts with project developers;

 

(VIII) A project involving a transbasin diversion shall addressthe impact of the diversion and recommend measures to mitigate any adverseimpact identified in the basin of origin;

 

(IX) Interest on a loan should provide a reasonable return tothe state but shall not be less than four percent (4%) except when thecommission recommends a lower interest rate because of public benefits;

 

(X) Loan contracts for project construction shall provide forpayment of interest on defaulted payments at a rate of ten percent (10%) perannum.

 

(iii) Repealed by Laws 1986, ch. 109, 3.

 

(iv) The commission may disqualify from consideration or givelower priority to a project proposed to correct problems identified in a reviewperformed by the department of environmental quality under W.S. 18-5-306(c)where the board of county commissioners approved a subdivision applicationnotwithstanding the department's recommendation that the application bedisapproved.

 

(b) Any member of the commission who has a personal or privateinterest in any matter proposed or pending before the commission shall publiclydisclose this fact to the commission and shall not vote thereon.

 

(c) Within sixty (60) days after the effective date of thissubsection or within sixty (60) days following appointment and annually on orbefore January 1, each member of the commission shall file written disclosures relative to all interests held by the member or the member's spouse, includinginterests in partnerships and corporations, with the secretary of state, of:

 

(i) Any water rights, permits or applications held, whether fordirect flow, reservoirs or underground water;

 

(ii) Any interests in engineering or construction firms whichengage in designing or constructing water projects.

 

(d) The promulgation of operating procedures and programcriteria by the commission under this section and decisions of the commissionrelating to the recommendation, prioritization or disqualification of projectsare specifically exempt from all provisions of the Wyoming AdministrativeProcedure Act including provisions for judicial review under W.S. 16-3-114 and16-3-115.

 

41-2-122. Protection and rights of landowner.

 

 

(a) The Wyoming water development commission shall include inthe planning process at Level I notification to a landowner whose lands may beflooded or otherwise physically affected, as determined by the administrator. The commission shall include in the planning process at Level II consultationwith any landowner whose land may be flooded or otherwise physically affectedby a proposed water project and shall include a report on the proposedmitigation of landowner impacts as jointly identified by the commission and thelandowner.

 

(b) The Wyoming water development commission shall consultwith and supply copies of reports and studies to any landowner whose land willbe flooded or physically affected by any proposed water development project.The commission and any employees or other persons under the control of thecommission shall mitigate any damages and disruption of the landowner'soperations during the study phase including prevention of public nuisances andshall enter on private property only in the manner provided by W.S. 1-26-506 andshall also be subject to W.S. 1-26-507 and 1-26-508.

 

(c) In proceeding with Level III, construction and operationplans, the commission shall follow the requirements of the Wyoming EminentDomain Act, shall negotiate in good faith with affected landowners and, inaddition, shall attempt to mitigate damages which may occur from the impactsenumerated in subsection (a) of this section.

 

41-2-123. Project studies generally; hearings; reimbursement of costs;source of funding; use of unobligated funds; recommendations to legislature.

 

(a) The commission, after public notice, is authorized toconduct public workshops and public hearings in the affected regions onprojects which have been approved for study by the legislature pursuant to W.S.41-2-114.

 

(b) For each project authorized for Level I or Level II studyby the legislature, the commission shall make a recommendation on the followingalternatives:

 

(i) Proceed with next level of activity;

 

(ii) Continue study at the presently authorized level ofactivity; or

 

(iii) Terminate consideration of the project.

 

(c) Funds appropriated by the legislature for Level Ireconnaissance studies and Level II feasibility studies may be included in thecosts to be reimbursed by project beneficiaries as provided by W.S.41-2-112(b)(ii), unless otherwise specifically provided by the legislature.

 

(d) For projects completed and in use priorto 1970, the funding for Level I and Level II activities shall come from thosewithin water development account II unless otherwise specifically provided bythe legislature.

 

(e) The water development commission may commence and contractfor a Level II feasibility study of a project using unobligated fundsauthorized by law for a Level I reconnaissance study of the project if:

 

(i) The Level I study is substantially complete;

 

(ii) The due date for the Level I study report established bythe legislature has not occurred;

 

(iii) The commission finds the Level II study to be in the bestinterest of the state;

 

(iv) The select water committee created under W.S. 28-11-101reviews the commission request to proceed with the Level II study.

 

(f) All recommendations, including proposed legislation, fromthe water development commission to the legislature required by law regardingspecific water projects shall be presented to the select water committeecreated by W.S. 28-11-101 not later than fifteen (15) days prior tocommencement of the legislature to which the reports are due. The committeeshall review and make recommendations to the legislature regarding commissionrecommendations and proposed legislation.

 

41-2-124. Accounts created; unexpended balance.

 

(a) The following accounts are created:

 

(i) Water development account I into which shall be depositedrevenues pursuant to law;

 

(ii) Water development account II into which shall be depositedrevenues pursuant to law;

 

(iii) Water development account III into which shall be depositedrevenues pursuant to law.

 

(b) Any unexpended balance in water development accounts I, IIand III as defined by subsection (a) of this section shall be invested by thestate treasurer and the interest earned shall be credited to the account.

 

(c) The state treasurer shall transfer such sums of money fromwater development accounts I and II created by subsection (a) of this sectionto the state drinking water revolving loan account created by W.S. 16-1-302 toprovide not to exceed one-half (1/2) of the twenty percent (20%) state matchingfunds for each federal capitalization grant to the drinking water staterevolving fund program account. The transferred funds shall be proportionedbetween water development accounts I and II as directed by the waterdevelopment commission.

 

(d) No new dam with storage capacity of less than two thousand(2,000) acre-feet of water or expansion of a dam with a storage capacity ofless than one thousand (1,000) acre-feet of water shall be funded with fundsfrom water development account III. Without the approval of the legislature,funds deposited into water development account III shall not be diverted fromthat account, other than for the purpose of financing projects related to damconstruction or expansion.

 

(e) There is transferred to the water development account IIIcreated by paragraph (a)(iii) of this section effective July 1, 2005:

 

(i) Fifty-four million seventy thousand dollars($54,070,000.00) from water development account I reserved for the GreenRiver/Wind River project development fund established in W.S. 99-3-604. Thetransfer of money into water development account III shall not eliminaterecognition of the water storage potential in the Green River/Wind Riverbasins;

 

(ii) Ten million dollars ($10,000,000.00) from the budgetreserve account.

 

41-2-125. Office of water programs created; duties; annual report.

 

(a) There is created the office of water programs within theoffice of research at the University of Wyoming. The office of water programsshall:

 

(i) Work directly with the director of the Wyoming waterdevelopment office to identify research needs of state and federal agenciesregarding Wyoming's water resources, including funding under the NationalInstitutes of Water Resources (NIWR);

 

(ii) Serve as a point of coordination for and to encourageresearch activities by the University of Wyoming to address the research needsidentified in paragraph (i) of this subsection;

 

(iii) In conjunction with the Wyoming water development office,submit a report annually prior to each legislative session to the select watercommittee and the Wyoming water development commission on the activities of theoffice.

 

ARTICLE 2 - PROJECTS

 

41-2-201. Renumbered as 99-99-201 by Laws 2009, Ch. 168, 401.

 

 

41-2-202. Renumbered as 99-99-202 by Laws 2009, Ch. 168, 401.

 

 

41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, 401.

 

 

41-2-204. Renumbered as 99-99-204 by Laws 2009, Ch. 168, 401.

 

 

41-2-205. Renumbered as 99-99-205 by Laws 2009, Ch. 168, 401.

 

 

41-2-206. Renumbered as 99-99-206 by Laws 2009, Ch. 168, 401.

 

 

41-2-207. Repealed by Laws 1986, ch. 113, 14; Renumbered as99-99-207 by Laws 2009, Ch. 168, 401.

 

 

41-2-208. Renumbered as 99-99-208 by Laws 2009, Ch. 168, 401.

 

 

41-2-209. Renumbered as 99-99-209 by Laws 2009, Ch. 168, 401.

 

 

41-2-210. Renumbered as 99-99-210 by Laws 2009, Ch. 168, 401.

 

41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, 401.

 

 

41-2-212. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-212by Laws 2009, Ch. 168, 401.

 

 

41-2-213. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-213by Laws 2009, Ch. 168, 401.

 

 

41-2-214. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-214by Laws 2009, Ch. 168, 401.

 

 

41-2-215. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-215by Laws 2009, Ch. 168, 401.

 

 

41-2-216. Renumbered as 99-99-216 by Laws 2009, Ch. 168, 401.

 

 

41-2-217. Renumbered as 99-99-217 by Laws 2009, Ch. 168, 401.

 

 

41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, 401.

 

41-2-219. Renumbered as 99-99-219 by Laws 2009, Ch. 168, 401.

 

 

41-2-220. Renumbered as 99-99-220 by Laws 2009, Ch. 168, 401.

 

 

41-2-221. Renumbered as 99-99-221 by Laws 2009, Ch. 168, 401.

 

 

41-2-222. Renumbered as 99-99-222 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 3 - LITTLE BIGHORN RIVER

 

41-2-301. Renumbered as 99-99-301 by Laws 2009, Ch. 168, 401.

 

ARTICLE 4 - SPLIT ROCK FORMATION

 

41-2-401. Renumbered as 99-99-401 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 5 - PARK RESERVOIR DAM

 

41-2-501. Renumbered as 99-99-501 by Laws 2009, Ch. 168, 401.

 

41-2-502. Renumbered as 99-99-502 by Laws 2009, Ch. 168, 401.

 

 

41-2-503. Renumbered as 99-99-503 by Laws 2009, Ch. 168, 401.

 

 

41-2-504. Renumbered as 99-99-504 by Laws 2009, Ch. 168, 401.

 

 

41-2-505. Renumbered as 99-99-505 by Laws 2009, Ch. 168, 401.

 

 

41-2-506. Renumbered as 99-99-506 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 6 - GREEN RIVER

 

41-2-601. Renumbered as 99-99-601 by Laws 2009, Ch. 168, 401.

 

ARTICLE 7 - TOWN OF SOUTH SUPERIOR

 

41-2-701. Renumbered as 99-99-701 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 9 - LITTLE BIGHORN RIVER

 

41-2-901. Repealed by Laws 1988, ch. 79, 11.

 

 

ARTICLE 10 - DEBT SERVICE ACCOUNTS

 

41-2-1001. Renumbered as 99-99-1001 by Laws 2009, Ch. 168, 401.

 

ARTICLE 11 - WIND RIVER INDIAN RESERVATION

 

41-2-1101. Renumbered as 99-99-1101 by Laws 2009, Ch. 168, 401.

 

ARTICLE 12 - LITTLE SNAKE RIVER

 

41-2-1201. Renumbered as 99-99-1201 by Laws 2009, Ch. 168, 401.

 

ARTICLE 13 - TRANSFER OF WATER

 

41-2-1301. Transfer of water authorized; conditions.

 

(a) Pursuant to W.S. 41-3-115, the United States Bureau ofReclamation and the Wyoming water development office are hereby authorized totransfer a maximum of thirty-three thousand four hundred ninety-three (33,493)acre feet of storage water per year from the environmental account in thePathfinder Modification Project within Pathfinder reservoir to the Wyoming-Nebraskastate line for the purpose of providing regulatory certainty under theEndangered Species Act for the use of Wyoming water in the Platte River basin.

 

(b) Pursuant to W.S. 41-3-115, and the Wyoming waterdevelopment office is hereby authorized to transfer a maximum of nine thousandsix hundred (9,600) acre feet of storage water per year from the Wyomingaccount in the Pathfinder Modification Project within Pathfinder reservoir tothe Wyoming-Nebraska state line through annual temporary water use agreementswith the Platte River Recovery Implementation Program in any year the storagewater in the Wyoming account is not needed by the state of Wyoming as amunicipal water supply or a replacement water supply to meet the state ofWyoming's obligations in the Nebraska v. Wyoming settlement agreement and thePlatte River Recovery Implementation Program.

 

(c) The authorizations granted under subsections (a) and (b) ofthis section shall terminate if the state of Wyoming withdraws from the PlatteRiver Recovery Implementation Program or any successor programs approved by thegovernor.

 

(d) If the director of the Wyoming water development officedetermines that Wyoming water users are not receiving the regulatory certaintyunder the endangered species act as provided for in the Platte River recoveryimplementation program, he shall submit a report to the select water committeeoutlining the inadequacy of the regulatory certainty.

 

(e) If the state engineer determines that the transfersauthorized under subsections (a) and (b) of this section cause injury toWyoming water users beyond those identified in the final opinion andrecommendations provided to the legislature pursuant to W.S. 41-3-115(q), thenthe state engineer shall report the injury to the select water committee.

 

(f) Any revenue generated through the annual temporary wateruse agreements for storage water from the Wyoming account shall be deposited inthe account created by W.S. 41-2-1001(a)(iv).

 

State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter2

CHAPTER 2 - PLANNING AND DEVELOPMENT

 

ARTICLE 1 - IN GENERAL

 

41-2-101. Repealed By Laws 1999, ch. 149, 1.

 

41-2-102. Repealed By Laws 1999, ch. 149, 1.

 

41-2-103. Repealed By Laws 1999, ch. 149, 1.

 

41-2-104. Repealed By Laws 1999, ch. 149, 1.

 

41-2-105. Repealed By Laws 1999, ch. 149, 1.

 

41-2-106. Repealed By Laws 1999, ch. 149, 1.

 

41-2-107. Water resources plans; review; submission to commission.

 

Thecommission shall formulate and from time to time review and revise water andrelated land resources plans for the state of Wyoming and for appropriateregions and river basins. The plans shall implement the policies stated in theWyoming constitution and in statutes pertaining to the state's water andrelated land resources.

 

41-2-108. Water resources plans; powers of commission.

 

 

(a) In the formulation of these plans the commission may:

 

(i) Repealed by Laws 1979, ch. 59, 5.

 

(ii) Consult with and receive the views of persons, local groupsand organizations representing water users, special interests, industries andthe public interest, and acquire data and information relating to water, wateruse, water conservation, and water quality from government agencies,departments and other sources;

 

(iii) Coordinate the water resources plans with other governmentagencies and departments;

 

(iv) Undertake studies, investigations, surveys and researchrelevant to the formulation of the water resources plans and enter intocontracts and arrangements for the same with any government agency, department,or any person, firm, university, institution, or state or nationalorganization;

 

(v) Adopt, in whole or in part, studies and reports made byother governmental agencies, state or federal; and

 

(vi) Perform other related activities or functions as arerelevant and appropriate to the formulation of water resources plans.

 

41-2-109. Water resources plans; contents.

 

 

(a) The water resources plans shall, to the extent deemedpractical:

 

(i) Identify, describe and inventory the occurrence, amounts,availability and quality of water resources, current uses of water, activitiesthat affect the quality of water, and activities that are dependent on,affected by, or relate to water and uses of water;

 

(ii) Identify and describe prospective needs and demands forwater and opportunities for water development, control, withdrawal, storage,conservation, supply, distribution, drainage and disposal;

 

(iii) Identify and specify for each plan appropriate state,regional and local goals and objectives for management of water resources,including the obtaining of economic efficiency and a desirable distribution ofincome, the protection of the health, safety and welfare of the people, theprotection and encouragement of particular industries and activities, theprotection and enhancement of the environment and recreation; and

 

(iv) Evaluate and compare prospective and anticipated uses andprojects, including combinations and coordinations thereof, uses of alternativesources of water and alternative uses of water, in terms of goals identifiedpursuant to paragraph (iii) of this subsection.

 

41-2-110. Water resources plans; duties of commission.

 

 

(a) The commission shall:

 

(i) Publish the water resources plans as they are formulatedand adopted and disseminate them to people, industries and governmentdepartments and agencies;

 

(ii) Give advice and assistance if requested to governmentdepartments and agencies, furnish to them the appropriate plans, and makeavailable related subsidiary and additional data and information, or data andinformation related to plans in the process of preparation;

 

(iii) Recommend action or legislation needed to implement andcarry out the plans.

 

(iv) Repealed by laws 1979, ch. 59, 5.

 

41-2-111. Suits for enforcement of water rights; appeals fromdecisions of state engineer and state board of control.

 

 

(a) Upon the request of the state engineer, the attorneygeneral shall bring suit in the name of the state of Wyoming, in the properdistrict court, to enjoin the unlawful appropriation, diversion or use of thewaters of the state, or the waste or loss thereof. A showing of injury in suchsuits shall not be required as a condition to the issuance of any temporaryrestraining order, preliminary or permanent injunction. If an appeal is takenfrom the judgment or decree entered by the district court in such suit, itshall be the duty of the supreme court, at the request of one (1) of theparties, to advance the appeal to the head of its docket and give it precedenceover all other civil causes in the hearing and determination thereof.

 

(b) Upon any appeal being taken from the board of control orstate engineer to a district court, it shall be the duty of the court, at therequest of one (1) of the parties, to advance the appeal to the head of itstrial docket and to give the appeal precedence over all civil causes in thehearing and determination thereof. If an appeal is then taken from the judgmentor decree of the district court to the supreme court of the state, it shall bethe duty of the supreme court, at the request of one (1) of the parties to theappeal, to advance the appeal to the head of its docket and give it precedenceover all civil causes in the hearing and determination thereof.

 

41-2-112. Wyoming water development program.

 

(a) The Wyoming water development program is established tofoster, promote and encourage the optimal development of the state's human,industrial, mineral, agricultural, water and recreational resources. Theprogram shall provide, through the commission, procedures and policies for theplanning, selection, financing, construction, acquisition and operation ofprojects and facilities for the conservation, storage, distribution and use ofwater, necessary in the public interest to develop and preserve Wyoming's waterand related land resources. The program shall encourage development of waterfacilities for irrigation, for reduction of flood damage, for abatement ofpollution, for preservation and development of fish and wildlife resources andfor protection and improvement of public lands and shall help make availablethe waters of this state for all beneficial uses, including but not limited tomunicipal, domestic, agricultural, industrial, instream flows, hydroelectricpower and recreational purposes, conservation of land resources and protectionof the health, safety and general welfare of the people of the state ofWyoming.

 

(b) In developing financing recommendations under the Wyomingwater development program, the commission shall:

 

(i) Emphasize multi-purpose water projects for maximum benefitsand cost allocation;

 

(ii) Identify project costs and benefits;

 

(iii) Recommend an allocation of project costs, includingexpenditures of state funds for Level I reconnaissance studies and Level IIfeasibility studies, to be reimbursed by project beneficiaries and to be borneby the state;

 

(iv) Recommend terms and conditions of financing project costs,maintenance and operation, based on the benefits to be derived by projectbeneficiaries and their respective ability to pay;

 

(v) Consider all funds, assets and revenue sources of allproject beneficiaries and recommend financing plans which will reimburseexpenditures of state funds, except as such expenditures may be allocated to astate benefit, including enhancement of fish and wildlife habitat orrecreation;

 

(vi) Consider state construction and ownership of any projectwhich requires the state to finance unreimbursed costs in excess of ten percent(10%) of the total project cost, and submit recommendations on project costsand potential revenues from sale of water or power from the project;

 

(vii) Consider any other factors necessary to developcomprehensive financing recommendations.

 

41-2-113. Definitions.

 

 

(a) As used in W.S. 41-1-106 through 41-1-108 and 41-2-107through 41-2-118:

 

(i) "Project" means any dam, reservoir, canal, ditch,well or well field, hydroelectric power plant, regulatory work and all worksand facilities necessary for the supply and utilization of water for beneficialuses, including the improvement of any feature, facility, function or portionof a project;

 

(ii) "Construct" means to construct, to acquire bylegal means, to contribute or loan funds for the construction of and to financethe construction or acquisition of a project;

 

(iii) "Commission" means the Wyoming water developmentcommission created by W.S. 41-2-117.

 

41-2-114. Development of water projects; rehabilitation of waterprojects.

 

(a) The commission shall, on the basis of the state water planor as otherwise directed by the legislature and after consultation with andadvice from state agencies and officials, other appropriate agencies andofficials, the joint business council of the Eastern Shoshone and NorthernArapaho Indian tribes, the business council of the Eastern Shoshone Indiantribe, the business council of the Northern Arapaho Indian tribe and members ofthe public, identify and select potential projects to be studied for inclusionin the Wyoming water development program pursuant to the following schedule:

 

(i) Level I reconnaissance studies shall, to the extentpossible:

 

(A) Describe the project;

 

(B) Identify the need for the project including supplies anddemands for the water;

 

(C) In cooperation with the state engineer, assess the statusof water rights, including existing conflicts and recommendations forresolution of the conflicts and other potential obstacles;

 

(D) Assess and describe federal permits required forconstruction;

 

(E) Assess environmental considerations and constraints,including recreational use of the water in storage;

 

(F) Identify legal constraints to development;

 

(G) Identify alternate sources of supply including both surfacewater and groundwater;

 

(H) Summarize public testimony received at meetings held by thecommission in the basin of origin; and

 

(J) Contain the commission's recommendation to the legislaturewhether to terminate further consideration of the proposed project or tocontinue the project at its current level of study, or to proceed with furtheractivity under paragraph (a)(ii), (iii) or (iv) of this section.

 

(ii) Level II feasibility studies shall to the extent possible:

 

(A) Include a detailed analysis of factors relevant to development,operation and maintenance;

 

(B) Identify major problems and opportunities concerningdevelopment and the environmental, recreational, social and economic effects ofdevelopment;

 

(C) Identify the desired sequence of events, includingcommencement of state and federal permitting activities and acquisition ofland;

 

(D) Summarize testimony received at public hearings held by thecommission in the basin of origin;

 

(E) Include test drilling for groundwater projects;

 

(F) Contain final concept design and cost estimates;

 

(G) Include the project financing plan;

 

(H) Identify the interests in land and water rights to beacquired and the means and costs of acquisition. An "interest inland" may include the fee simple title or any other interest in land lessthan a fee simple; and

 

(J) Include draft legislation describing in detail theconstruction, operation and financing of the proposed project, includingreimbursement of predevelopment costs from the beneficiaries of the project.

 

(iii) Repealed by Laws 1988, ch. 79, 11.

 

(iv) Level III construction and operation plans shall proceed asauthorized and approved by the legislature under the immediate direction andcontrol of the commission. Preference in the marketing of hydroelectric powerfrom any such project shall be given to utilities serving Wyomingmunicipalities and to rural electric cooperatives where economical andpermissible under federal law. Pursuant to legislative authorization for waterdevelopment projects and prior to completion of Level III construction thecommission may:

 

(A) Design, construct, acquire or purchase water developmentprojects for the conservation, storage, distribution and use of water or anyfeature, facility, function or portion of a project;

 

(B) Contract for the performance of any power undersubparagraph (A) of this paragraph, and consult with or employ experts andprofessional persons;

 

(C) Acquire by purchase, lease, appropriation, gift, exchangeor eminent domain, necessary land, easements and other property forconstruction, operation and maintenance of water projects and accept gifts,grants and contributions of money from any source;

 

(D) Acquire by purchase, lease, appropriation, development,gift or exchange necessary water rights for construction, operation andmaintenance of water projects and accept gifts, grants and contributions ofmoney from any source;

 

(E) Contract for the sale, lease or delivery of water, waterrights, water storage or hydroelectric power, and fix charges, rates, rents,fees and tolls;

 

(F) Contract with, contribute to or receive contributions fromany legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for theconstruction, operation, management and maintenance of any project or anyinterest in any facility or function of a project.

 

(v) After completion of Level III construction, the commission:

 

(A) Shall be responsible for the operation and maintenance ofstate owned facilities constructed under the direction and control of thecommission;

 

(B) Shall manage contracts and agreements entered into by thecommission pursuant to paragraph (iv) of this subsection;

 

(C) May contract for the sale, lease or delivery of water,water rights, water storage or hydroelectric power and fix charges, rates,rents, fees and tolls for any project constructed pursuant to paragraph (iv) ofthis subsection not in conflict with contracts and agreements entered into bythe commission;

 

(D) May contract with, contribute to or receive contributionsfrom any legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for the operation,management and maintenance of any project or any interest in any facility orfunction of a project.

 

(b) State agencies shall cooperate fully with the commission inthe preparation of the studies. In the execution of these activities, thecommission shall:

 

(i) Receive and acquire data relating to water, water use andwater quality from any source as it relates to the project;

 

(ii) Repealed by Laws 1979, ch. 59, 5.

 

(iii) Hold public hearings within the basin of origin waterdivision where the proposed project will be wholly or partly constructed,consult with and receive the views of private persons, local groups,associations and organizations representing water users, industries and thepublic interest;

 

(iv) Coordinate the feasibility studies with the plans of othergovernment agencies and departments;

 

(v) Undertake studies, investigations, surveys and researchrelevant to the completion of the study and enter into contracts andarrangements for its completion with any government agency, department or anyperson, firm, university, institution or state or national organization;

 

(vi) Undertake studies, investigations, surveys and researchrelevant to outright purchase by the state of Wyoming of water interests fromthe federal government;

 

(vii) Perform any other related activities or functions relevantand appropriate to the completion of the feasibility study; and

 

(viii) Maximize the use of all existing information, data, reportsand other materials, and no funds shall be expended to duplicate existinginformation, data, reports and other materials.

 

(c) Repealed by Laws 1982, ch. 59, 2.

 

(d) The commission may suspend the expenditure of time or fundson a project at any level of activity, if it is established that it would be inthe public interest. The commission shall report the reason for any suspensionof activity to the legislature.

 

(e) Any person seeking financial assistance from the waterdevelopment account to rehabilitate an existing water project shall submit thatrequest to the commission. The commission shall:

 

(i) Review and develop plans and recommendations for theproject as provided in this section.

 

(ii) Repealed by Laws 1986, ch. 109, 3.

 

(f) The commission shall make a recommendation to thelegislature for disposition of projects it retains under subsection (e) of thissection.

 

41-2-115. Report; authorization; assignment.

 

 

(a) In preparation of the final concept design under W.S.41-2-114(a)(ii), the commission shall after giving public notice hold a publichearing within the affected water division. Any interested person, associationor state or federal agency may appear and participate as a party. Following thehearing, the commission shall make public a report of their findings relativeto whether the project is in the public interest, stipulating if the proposedproject functions and services can be served by any person, association orcorporation engaged in private enterprise, or if private enterprise has refusedto provide the functions and services identified as being required by theproposed project. The commission shall then proceed as set forth in subsections(b) and (c) of this section. Nothing in this section shall be construed tointerfere with the duties of the state engineer or the state board of control.

 

(b) The commission shall within ninety (90) days following thepublic hearings transmit its findings and recommendations to the governor andlegislature pursuant to W.S. 41-2-114(a). Within thirty (30) days followingreceipt of the findings and recommendations of the commission, the governorshall submit separate recommendations concerning the projects to thelegislature. If the recommendations of the governor differ from those of thecommission, the governor shall state the reasons for nonconcurrence with therecommendations of the commission.

 

(c) If the commission finds that a project is desirable and inthe public interest, and that some other governmental agency, public districtor private corporation or association is desirous and capable of constructing,operating and maintaining the project and accomplishing the public interest tobe served thereby, the commission, with the approval of the governor and thelegislature, shall transfer or assign the project and any property or rightsconnected therewith to the agency, district, corporation or association uponagreed terms for reimbursement of the expense of predevelopment costs, paymentfor property and assurances of construction, operation and maintenance.

 

41-2-116. Water rights.

 

 

(a) The director of the Wyoming water development office shall,at the direction of the governor, file applications in the name of the stateof Wyoming for permits to appropriate water, to construct dams and other works,and to take the steps necessary to acquire, maintain or preserve the priorityof any right essential to any project which is or may become a project of theWyoming water development program, except that nothing in this subsection shallbe construed to authorize or empower the director of the Wyoming waterdevelopment office to acquire water rights through the power of eminent domain.

 

(b) All laws of the state relating to the appropriation and useof water shall apply to any projects of the Wyoming water development program.

 

41-2-117. Wyoming water development commission; membership; removal;terms.

 

(a) The Wyoming water development commission is created toconsist of ten (10) members. The membership shall include:

 

(i) Nine (9) persons, two (2) shall be residents appointed fromeach water division of the state as defined in W.S. 41-3-501, at least one (1)will be a person having an adjudicated water right. One (1) resident of Wyomingshall be appointed at large and one (1) shall be an enrolled member of theArapahoe or Shoshone Indian tribes who is resident on the Wind River IndianReservation:

 

(A) They shall be appointed by the governor, after consultationwith the superintendent of each water division and approval of the senate, andmay be removed by the governor as provided in W.S. 9-1-202;

 

(B) Not more than five (5) members shall be of the samepolitical party;

 

(C) Appointments are for a term of four (4) years;

 

(D) Five (5) of the first appointees shall serve two (2) yearterms and four (4) appointees shall serve four (4) year terms;

 

(E) No person shall be appointed for more than two (2)consecutive terms;

 

(F) If any member ceases to reside in or is absent from thedivision from which appointed for a continuous period of six (6) months ormore, the governor shall declare his office vacant and shall appoint asuccessor from the same division for the unexpired term;

 

(G) The governor shall fill a vacancy for an unexpired term ina like manner to subparagraph (F) of this paragraph;

 

(H) The commission shall annually select one (1) of its membersas chairman and one (1) of its members as secretary;

 

(J) To serve as consultants without vote the following aredesignated:

 

(I) The state engineer or his designee;

 

(II) The chief executive officer of the Wyoming business councilor other person designated by the council; and

 

(III) A person with interest, training and expertise in waterresource matters from the University of Wyoming or the Wyoming Water ResourceResearch Institute, appointed by the president of the university with theapproval of the board of trustees.

 

(b) Members from the four (4) water divisions, the at-largemember and the tribal member shall be voting members of the commission. Six (6)members constitute a quorum for the transaction of commission business.

 

(c) All grant and loan programs over which the commission hasauthority shall be administered by the Wyoming water development office.

 

41-2-118. Powers, duties, salaries and expenses of commission.

 

(a) The commission shall:

 

(i) Repealed by Laws 1992, ch. 42, 4.

 

(ii) Have authority to contract for legal counsel upon approvalof the governor to assist in matters related to water resource development asdirected by the commission. By request of the commission and upon approval ofthe governor, the legal counsel shall be entitled to use monies appropriatedfor legal matters relating to water development. Legal counsel shall consultwith the commission, director of the Wyoming water development office, stateengineer and attorney general on a regular basis;

 

(iii) Submit an annual report of its activities, expenses,recommendations and other items to the governor and the joint agriculture,state and public lands and water resources interim committee by December 31;

 

(iv) Meet quarterly and as necessary and as the governor maydirect;

 

(v) Biennially on or after March 1 elect a chairman from thenine (9) persons;

 

(vi) Establish and adjust priorities for water developmentprojects;

 

(vii) Adopt rules and regulations to implement the provisions ofW.S. 41-1-106 through 41-1-108 and 41-2-107 through 41-2-118, includingestablishment of qualifications for the administrator;

 

(viii) Perform other duties as directed by law;

 

(ix) As nearly as possible represent and assist all interestsadvocating water development and conservation in the state;

 

(x) Have the duty and the authority to conduct studies, developplans, and recommend legislation which may be enacted for the purpose ofsecuring full utilization of the waters of the state of Wyoming, giving priorityto projects for utilization of waters not now being beneficially used inWyoming;

 

(xi) Repealed by Laws 1992, ch. 42, 4.

 

(xii) Establish an application fee not to exceed one thousanddollars ($1,000.00) which shall be paid by potential project beneficiariesprior to commission consideration of a project for inclusion in the waterdevelopment program. Application fees shall be deposited into waterdevelopment account I;

 

(xiii) Represent or advocate the state's interests in negotiationsand construction of water projects assigned by the legislature or the governor;and

 

(xiv) Have authority to temporarily defer the principal amountdue on debt service payments for money loaned to an irrigation district,watershed improvement district, conservation district or a conservancy districtfor construction of water development projects whenever the governor hasdeclared that a drought emergency exists within the affected district's servicearea. The district shall be eligible for the temporary deferral of theprincipal amount due, provided the interest payments on the remaining principalamount are paid and current. The commission shall amend the amortizationschedule to reflect the length of time from the date the affected districtseeks the temporary deferral to the date the governor declares the emergencydrought condition no longer exists.

 

(b) Commission members shall receive a salary of one hundredtwenty-five dollars ($125.00) per day and actual and necessary travelingexpenses while away from home while engaged in the performance of commissionduties.

 

41-2-119. Groundwater studies.

 

(a) The Wyoming water development commission may grant not toexceed six million dollars ($6,000,000.00) to incorporated cities and towns,water and sewer districts and improvement and service districts in Wyoming forexploration for and feasibility studies of the use of underground water formunicipal and rural domestic purposes, not to exceed four hundred thousanddollars ($400,000.00) for any one (1) exploration or study. The grants shallbe made from revenues from water development account I and those revenues arehereby so appropriated. Any city or town, water and sewer district or serviceand improvement district receiving a grant pursuant to this section shall provideat least twenty-five percent (25%) of the cost of the exploration or study fromits own funds. The commission shall adopt rules and regulations governingapplication procedures for the grants.

 

(b) The commission may expend from the funds appropriated undersubsection (a) of this section for exploration and for feasibility studies ofthe use of underground water for municipal and rural domestic purposes subjectto the following conditions:

 

(i) The exploration or study shall be conducted in conjunctionwith an incorporated city or town, water and sewer district or service andimprovement district in Wyoming under an agreement;

 

(ii) Not more than four hundred thousand dollars ($400,000.00)in state funds shall be expended for any one (1) exploration or study underthis subsection;

 

(iii) The incorporated city or town, water and sewer district orservice and improvement district shall provide at least twenty-five percent(25%) of the cost of the exploration or study from funds other than under thissubsection;

 

(iv) The incorporated city or town, water and sewer district, orimprovement and service district shall apply for participation in this programunder procedures established by rules and regulations adopted by thecommission.

 

41-2-120. Approval of loans, construction or water contracts andagreements.

 

Allloans, construction or water contracts and agreements to which the state is aparty, entered into pursuant to this act or W.S. 41-2-114, shall be submittedto the select [water] committee for thirty (30) days for its review andrecommendation and approved and executed by the governor and the head of theagency, commission or board.

 

41-2-121. Criteria for water development projects; disclosure ofpersonal interests by commission.

 

 

(a) The water development commission shall establish criteriafor evaluation and administration of water development projects. Criteria shallinclude but not be limited to the following:

 

(i) All water development proposals submitted to thelegislature shall be reviewed by and accompanied by the recommendation of thewater development commission;

 

(ii) The commission's recommendation shall:

 

(A) Emphasize projects developing unappropriated water;

 

(B) Give preference wherever possible to projects developingnew storage capacity;

 

(C) Consider the potential for development of hydroelectricpower in any project through Level II;

 

(D) Include a summary of the commission's findings under W.S.41-2-112(b);

 

(E) Include financing methods subject to the following:

 

(I) Any water development project may be financed by grants notto exceed seventy-five percent (75%) of the total cost of the project;

 

(II) Storage projects may be financed by grants for the fullcost of the storage capacity but not to exceed public benefits as computed bythe commission;

 

(III) Loans may be made for domestic, municipal, agricultural,industrial, recreational or fish and wildlife enhancement purposes;

 

(IV) The term of a loan shall not exceed fifty (50) years aftersubstantial completion of a project;

 

(V) Payment of interest and principal on loans may be deferredfor not more than five (5) years after substantial completion of the project;

 

(VI) Loan contracts for project construction shall includeprovisions to ensure [that] the project shall be operated and maintained duringthe term of the loan;

 

(VII) The state may elect to own all or a part of a project andenter into water service repayment contracts with project developers;

 

(VIII) A project involving a transbasin diversion shall addressthe impact of the diversion and recommend measures to mitigate any adverseimpact identified in the basin of origin;

 

(IX) Interest on a loan should provide a reasonable return tothe state but shall not be less than four percent (4%) except when thecommission recommends a lower interest rate because of public benefits;

 

(X) Loan contracts for project construction shall provide forpayment of interest on defaulted payments at a rate of ten percent (10%) perannum.

 

(iii) Repealed by Laws 1986, ch. 109, 3.

 

(iv) The commission may disqualify from consideration or givelower priority to a project proposed to correct problems identified in a reviewperformed by the department of environmental quality under W.S. 18-5-306(c)where the board of county commissioners approved a subdivision applicationnotwithstanding the department's recommendation that the application bedisapproved.

 

(b) Any member of the commission who has a personal or privateinterest in any matter proposed or pending before the commission shall publiclydisclose this fact to the commission and shall not vote thereon.

 

(c) Within sixty (60) days after the effective date of thissubsection or within sixty (60) days following appointment and annually on orbefore January 1, each member of the commission shall file written disclosures relative to all interests held by the member or the member's spouse, includinginterests in partnerships and corporations, with the secretary of state, of:

 

(i) Any water rights, permits or applications held, whether fordirect flow, reservoirs or underground water;

 

(ii) Any interests in engineering or construction firms whichengage in designing or constructing water projects.

 

(d) The promulgation of operating procedures and programcriteria by the commission under this section and decisions of the commissionrelating to the recommendation, prioritization or disqualification of projectsare specifically exempt from all provisions of the Wyoming AdministrativeProcedure Act including provisions for judicial review under W.S. 16-3-114 and16-3-115.

 

41-2-122. Protection and rights of landowner.

 

 

(a) The Wyoming water development commission shall include inthe planning process at Level I notification to a landowner whose lands may beflooded or otherwise physically affected, as determined by the administrator. The commission shall include in the planning process at Level II consultationwith any landowner whose land may be flooded or otherwise physically affectedby a proposed water project and shall include a report on the proposedmitigation of landowner impacts as jointly identified by the commission and thelandowner.

 

(b) The Wyoming water development commission shall consultwith and supply copies of reports and studies to any landowner whose land willbe flooded or physically affected by any proposed water development project.The commission and any employees or other persons under the control of thecommission shall mitigate any damages and disruption of the landowner'soperations during the study phase including prevention of public nuisances andshall enter on private property only in the manner provided by W.S. 1-26-506 andshall also be subject to W.S. 1-26-507 and 1-26-508.

 

(c) In proceeding with Level III, construction and operationplans, the commission shall follow the requirements of the Wyoming EminentDomain Act, shall negotiate in good faith with affected landowners and, inaddition, shall attempt to mitigate damages which may occur from the impactsenumerated in subsection (a) of this section.

 

41-2-123. Project studies generally; hearings; reimbursement of costs;source of funding; use of unobligated funds; recommendations to legislature.

 

(a) The commission, after public notice, is authorized toconduct public workshops and public hearings in the affected regions onprojects which have been approved for study by the legislature pursuant to W.S.41-2-114.

 

(b) For each project authorized for Level I or Level II studyby the legislature, the commission shall make a recommendation on the followingalternatives:

 

(i) Proceed with next level of activity;

 

(ii) Continue study at the presently authorized level ofactivity; or

 

(iii) Terminate consideration of the project.

 

(c) Funds appropriated by the legislature for Level Ireconnaissance studies and Level II feasibility studies may be included in thecosts to be reimbursed by project beneficiaries as provided by W.S.41-2-112(b)(ii), unless otherwise specifically provided by the legislature.

 

(d) For projects completed and in use priorto 1970, the funding for Level I and Level II activities shall come from thosewithin water development account II unless otherwise specifically provided bythe legislature.

 

(e) The water development commission may commence and contractfor a Level II feasibility study of a project using unobligated fundsauthorized by law for a Level I reconnaissance study of the project if:

 

(i) The Level I study is substantially complete;

 

(ii) The due date for the Level I study report established bythe legislature has not occurred;

 

(iii) The commission finds the Level II study to be in the bestinterest of the state;

 

(iv) The select water committee created under W.S. 28-11-101reviews the commission request to proceed with the Level II study.

 

(f) All recommendations, including proposed legislation, fromthe water development commission to the legislature required by law regardingspecific water projects shall be presented to the select water committeecreated by W.S. 28-11-101 not later than fifteen (15) days prior tocommencement of the legislature to which the reports are due. The committeeshall review and make recommendations to the legislature regarding commissionrecommendations and proposed legislation.

 

41-2-124. Accounts created; unexpended balance.

 

(a) The following accounts are created:

 

(i) Water development account I into which shall be depositedrevenues pursuant to law;

 

(ii) Water development account II into which shall be depositedrevenues pursuant to law;

 

(iii) Water development account III into which shall be depositedrevenues pursuant to law.

 

(b) Any unexpended balance in water development accounts I, IIand III as defined by subsection (a) of this section shall be invested by thestate treasurer and the interest earned shall be credited to the account.

 

(c) The state treasurer shall transfer such sums of money fromwater development accounts I and II created by subsection (a) of this sectionto the state drinking water revolving loan account created by W.S. 16-1-302 toprovide not to exceed one-half (1/2) of the twenty percent (20%) state matchingfunds for each federal capitalization grant to the drinking water staterevolving fund program account. The transferred funds shall be proportionedbetween water development accounts I and II as directed by the waterdevelopment commission.

 

(d) No new dam with storage capacity of less than two thousand(2,000) acre-feet of water or expansion of a dam with a storage capacity ofless than one thousand (1,000) acre-feet of water shall be funded with fundsfrom water development account III. Without the approval of the legislature,funds deposited into water development account III shall not be diverted fromthat account, other than for the purpose of financing projects related to damconstruction or expansion.

 

(e) There is transferred to the water development account IIIcreated by paragraph (a)(iii) of this section effective July 1, 2005:

 

(i) Fifty-four million seventy thousand dollars($54,070,000.00) from water development account I reserved for the GreenRiver/Wind River project development fund established in W.S. 99-3-604. Thetransfer of money into water development account III shall not eliminaterecognition of the water storage potential in the Green River/Wind Riverbasins;

 

(ii) Ten million dollars ($10,000,000.00) from the budgetreserve account.

 

41-2-125. Office of water programs created; duties; annual report.

 

(a) There is created the office of water programs within theoffice of research at the University of Wyoming. The office of water programsshall:

 

(i) Work directly with the director of the Wyoming waterdevelopment office to identify research needs of state and federal agenciesregarding Wyoming's water resources, including funding under the NationalInstitutes of Water Resources (NIWR);

 

(ii) Serve as a point of coordination for and to encourageresearch activities by the University of Wyoming to address the research needsidentified in paragraph (i) of this subsection;

 

(iii) In conjunction with the Wyoming water development office,submit a report annually prior to each legislative session to the select watercommittee and the Wyoming water development commission on the activities of theoffice.

 

ARTICLE 2 - PROJECTS

 

41-2-201. Renumbered as 99-99-201 by Laws 2009, Ch. 168, 401.

 

 

41-2-202. Renumbered as 99-99-202 by Laws 2009, Ch. 168, 401.

 

 

41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, 401.

 

 

41-2-204. Renumbered as 99-99-204 by Laws 2009, Ch. 168, 401.

 

 

41-2-205. Renumbered as 99-99-205 by Laws 2009, Ch. 168, 401.

 

 

41-2-206. Renumbered as 99-99-206 by Laws 2009, Ch. 168, 401.

 

 

41-2-207. Repealed by Laws 1986, ch. 113, 14; Renumbered as99-99-207 by Laws 2009, Ch. 168, 401.

 

 

41-2-208. Renumbered as 99-99-208 by Laws 2009, Ch. 168, 401.

 

 

41-2-209. Renumbered as 99-99-209 by Laws 2009, Ch. 168, 401.

 

 

41-2-210. Renumbered as 99-99-210 by Laws 2009, Ch. 168, 401.

 

41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, 401.

 

 

41-2-212. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-212by Laws 2009, Ch. 168, 401.

 

 

41-2-213. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-213by Laws 2009, Ch. 168, 401.

 

 

41-2-214. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-214by Laws 2009, Ch. 168, 401.

 

 

41-2-215. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-215by Laws 2009, Ch. 168, 401.

 

 

41-2-216. Renumbered as 99-99-216 by Laws 2009, Ch. 168, 401.

 

 

41-2-217. Renumbered as 99-99-217 by Laws 2009, Ch. 168, 401.

 

 

41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, 401.

 

41-2-219. Renumbered as 99-99-219 by Laws 2009, Ch. 168, 401.

 

 

41-2-220. Renumbered as 99-99-220 by Laws 2009, Ch. 168, 401.

 

 

41-2-221. Renumbered as 99-99-221 by Laws 2009, Ch. 168, 401.

 

 

41-2-222. Renumbered as 99-99-222 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 3 - LITTLE BIGHORN RIVER

 

41-2-301. Renumbered as 99-99-301 by Laws 2009, Ch. 168, 401.

 

ARTICLE 4 - SPLIT ROCK FORMATION

 

41-2-401. Renumbered as 99-99-401 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 5 - PARK RESERVOIR DAM

 

41-2-501. Renumbered as 99-99-501 by Laws 2009, Ch. 168, 401.

 

41-2-502. Renumbered as 99-99-502 by Laws 2009, Ch. 168, 401.

 

 

41-2-503. Renumbered as 99-99-503 by Laws 2009, Ch. 168, 401.

 

 

41-2-504. Renumbered as 99-99-504 by Laws 2009, Ch. 168, 401.

 

 

41-2-505. Renumbered as 99-99-505 by Laws 2009, Ch. 168, 401.

 

 

41-2-506. Renumbered as 99-99-506 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 6 - GREEN RIVER

 

41-2-601. Renumbered as 99-99-601 by Laws 2009, Ch. 168, 401.

 

ARTICLE 7 - TOWN OF SOUTH SUPERIOR

 

41-2-701. Renumbered as 99-99-701 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 9 - LITTLE BIGHORN RIVER

 

41-2-901. Repealed by Laws 1988, ch. 79, 11.

 

 

ARTICLE 10 - DEBT SERVICE ACCOUNTS

 

41-2-1001. Renumbered as 99-99-1001 by Laws 2009, Ch. 168, 401.

 

ARTICLE 11 - WIND RIVER INDIAN RESERVATION

 

41-2-1101. Renumbered as 99-99-1101 by Laws 2009, Ch. 168, 401.

 

ARTICLE 12 - LITTLE SNAKE RIVER

 

41-2-1201. Renumbered as 99-99-1201 by Laws 2009, Ch. 168, 401.

 

ARTICLE 13 - TRANSFER OF WATER

 

41-2-1301. Transfer of water authorized; conditions.

 

(a) Pursuant to W.S. 41-3-115, the United States Bureau ofReclamation and the Wyoming water development office are hereby authorized totransfer a maximum of thirty-three thousand four hundred ninety-three (33,493)acre feet of storage water per year from the environmental account in thePathfinder Modification Project within Pathfinder reservoir to the Wyoming-Nebraskastate line for the purpose of providing regulatory certainty under theEndangered Species Act for the use of Wyoming water in the Platte River basin.

 

(b) Pursuant to W.S. 41-3-115, and the Wyoming waterdevelopment office is hereby authorized to transfer a maximum of nine thousandsix hundred (9,600) acre feet of storage water per year from the Wyomingaccount in the Pathfinder Modification Project within Pathfinder reservoir tothe Wyoming-Nebraska state line through annual temporary water use agreementswith the Platte River Recovery Implementation Program in any year the storagewater in the Wyoming account is not needed by the state of Wyoming as amunicipal water supply or a replacement water supply to meet the state ofWyoming's obligations in the Nebraska v. Wyoming settlement agreement and thePlatte River Recovery Implementation Program.

 

(c) The authorizations granted under subsections (a) and (b) ofthis section shall terminate if the state of Wyoming withdraws from the PlatteRiver Recovery Implementation Program or any successor programs approved by thegovernor.

 

(d) If the director of the Wyoming water development officedetermines that Wyoming water users are not receiving the regulatory certaintyunder the endangered species act as provided for in the Platte River recoveryimplementation program, he shall submit a report to the select water committeeoutlining the inadequacy of the regulatory certainty.

 

(e) If the state engineer determines that the transfersauthorized under subsections (a) and (b) of this section cause injury toWyoming water users beyond those identified in the final opinion andrecommendations provided to the legislature pursuant to W.S. 41-3-115(q), thenthe state engineer shall report the injury to the select water committee.

 

(f) Any revenue generated through the annual temporary wateruse agreements for storage water from the Wyoming account shall be deposited inthe account created by W.S. 41-2-1001(a)(iv).

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title41 > Chapter2

CHAPTER 2 - PLANNING AND DEVELOPMENT

 

ARTICLE 1 - IN GENERAL

 

41-2-101. Repealed By Laws 1999, ch. 149, 1.

 

41-2-102. Repealed By Laws 1999, ch. 149, 1.

 

41-2-103. Repealed By Laws 1999, ch. 149, 1.

 

41-2-104. Repealed By Laws 1999, ch. 149, 1.

 

41-2-105. Repealed By Laws 1999, ch. 149, 1.

 

41-2-106. Repealed By Laws 1999, ch. 149, 1.

 

41-2-107. Water resources plans; review; submission to commission.

 

Thecommission shall formulate and from time to time review and revise water andrelated land resources plans for the state of Wyoming and for appropriateregions and river basins. The plans shall implement the policies stated in theWyoming constitution and in statutes pertaining to the state's water andrelated land resources.

 

41-2-108. Water resources plans; powers of commission.

 

 

(a) In the formulation of these plans the commission may:

 

(i) Repealed by Laws 1979, ch. 59, 5.

 

(ii) Consult with and receive the views of persons, local groupsand organizations representing water users, special interests, industries andthe public interest, and acquire data and information relating to water, wateruse, water conservation, and water quality from government agencies,departments and other sources;

 

(iii) Coordinate the water resources plans with other governmentagencies and departments;

 

(iv) Undertake studies, investigations, surveys and researchrelevant to the formulation of the water resources plans and enter intocontracts and arrangements for the same with any government agency, department,or any person, firm, university, institution, or state or nationalorganization;

 

(v) Adopt, in whole or in part, studies and reports made byother governmental agencies, state or federal; and

 

(vi) Perform other related activities or functions as arerelevant and appropriate to the formulation of water resources plans.

 

41-2-109. Water resources plans; contents.

 

 

(a) The water resources plans shall, to the extent deemedpractical:

 

(i) Identify, describe and inventory the occurrence, amounts,availability and quality of water resources, current uses of water, activitiesthat affect the quality of water, and activities that are dependent on,affected by, or relate to water and uses of water;

 

(ii) Identify and describe prospective needs and demands forwater and opportunities for water development, control, withdrawal, storage,conservation, supply, distribution, drainage and disposal;

 

(iii) Identify and specify for each plan appropriate state,regional and local goals and objectives for management of water resources,including the obtaining of economic efficiency and a desirable distribution ofincome, the protection of the health, safety and welfare of the people, theprotection and encouragement of particular industries and activities, theprotection and enhancement of the environment and recreation; and

 

(iv) Evaluate and compare prospective and anticipated uses andprojects, including combinations and coordinations thereof, uses of alternativesources of water and alternative uses of water, in terms of goals identifiedpursuant to paragraph (iii) of this subsection.

 

41-2-110. Water resources plans; duties of commission.

 

 

(a) The commission shall:

 

(i) Publish the water resources plans as they are formulatedand adopted and disseminate them to people, industries and governmentdepartments and agencies;

 

(ii) Give advice and assistance if requested to governmentdepartments and agencies, furnish to them the appropriate plans, and makeavailable related subsidiary and additional data and information, or data andinformation related to plans in the process of preparation;

 

(iii) Recommend action or legislation needed to implement andcarry out the plans.

 

(iv) Repealed by laws 1979, ch. 59, 5.

 

41-2-111. Suits for enforcement of water rights; appeals fromdecisions of state engineer and state board of control.

 

 

(a) Upon the request of the state engineer, the attorneygeneral shall bring suit in the name of the state of Wyoming, in the properdistrict court, to enjoin the unlawful appropriation, diversion or use of thewaters of the state, or the waste or loss thereof. A showing of injury in suchsuits shall not be required as a condition to the issuance of any temporaryrestraining order, preliminary or permanent injunction. If an appeal is takenfrom the judgment or decree entered by the district court in such suit, itshall be the duty of the supreme court, at the request of one (1) of theparties, to advance the appeal to the head of its docket and give it precedenceover all other civil causes in the hearing and determination thereof.

 

(b) Upon any appeal being taken from the board of control orstate engineer to a district court, it shall be the duty of the court, at therequest of one (1) of the parties, to advance the appeal to the head of itstrial docket and to give the appeal precedence over all civil causes in thehearing and determination thereof. If an appeal is then taken from the judgmentor decree of the district court to the supreme court of the state, it shall bethe duty of the supreme court, at the request of one (1) of the parties to theappeal, to advance the appeal to the head of its docket and give it precedenceover all civil causes in the hearing and determination thereof.

 

41-2-112. Wyoming water development program.

 

(a) The Wyoming water development program is established tofoster, promote and encourage the optimal development of the state's human,industrial, mineral, agricultural, water and recreational resources. Theprogram shall provide, through the commission, procedures and policies for theplanning, selection, financing, construction, acquisition and operation ofprojects and facilities for the conservation, storage, distribution and use ofwater, necessary in the public interest to develop and preserve Wyoming's waterand related land resources. The program shall encourage development of waterfacilities for irrigation, for reduction of flood damage, for abatement ofpollution, for preservation and development of fish and wildlife resources andfor protection and improvement of public lands and shall help make availablethe waters of this state for all beneficial uses, including but not limited tomunicipal, domestic, agricultural, industrial, instream flows, hydroelectricpower and recreational purposes, conservation of land resources and protectionof the health, safety and general welfare of the people of the state ofWyoming.

 

(b) In developing financing recommendations under the Wyomingwater development program, the commission shall:

 

(i) Emphasize multi-purpose water projects for maximum benefitsand cost allocation;

 

(ii) Identify project costs and benefits;

 

(iii) Recommend an allocation of project costs, includingexpenditures of state funds for Level I reconnaissance studies and Level IIfeasibility studies, to be reimbursed by project beneficiaries and to be borneby the state;

 

(iv) Recommend terms and conditions of financing project costs,maintenance and operation, based on the benefits to be derived by projectbeneficiaries and their respective ability to pay;

 

(v) Consider all funds, assets and revenue sources of allproject beneficiaries and recommend financing plans which will reimburseexpenditures of state funds, except as such expenditures may be allocated to astate benefit, including enhancement of fish and wildlife habitat orrecreation;

 

(vi) Consider state construction and ownership of any projectwhich requires the state to finance unreimbursed costs in excess of ten percent(10%) of the total project cost, and submit recommendations on project costsand potential revenues from sale of water or power from the project;

 

(vii) Consider any other factors necessary to developcomprehensive financing recommendations.

 

41-2-113. Definitions.

 

 

(a) As used in W.S. 41-1-106 through 41-1-108 and 41-2-107through 41-2-118:

 

(i) "Project" means any dam, reservoir, canal, ditch,well or well field, hydroelectric power plant, regulatory work and all worksand facilities necessary for the supply and utilization of water for beneficialuses, including the improvement of any feature, facility, function or portionof a project;

 

(ii) "Construct" means to construct, to acquire bylegal means, to contribute or loan funds for the construction of and to financethe construction or acquisition of a project;

 

(iii) "Commission" means the Wyoming water developmentcommission created by W.S. 41-2-117.

 

41-2-114. Development of water projects; rehabilitation of waterprojects.

 

(a) The commission shall, on the basis of the state water planor as otherwise directed by the legislature and after consultation with andadvice from state agencies and officials, other appropriate agencies andofficials, the joint business council of the Eastern Shoshone and NorthernArapaho Indian tribes, the business council of the Eastern Shoshone Indiantribe, the business council of the Northern Arapaho Indian tribe and members ofthe public, identify and select potential projects to be studied for inclusionin the Wyoming water development program pursuant to the following schedule:

 

(i) Level I reconnaissance studies shall, to the extentpossible:

 

(A) Describe the project;

 

(B) Identify the need for the project including supplies anddemands for the water;

 

(C) In cooperation with the state engineer, assess the statusof water rights, including existing conflicts and recommendations forresolution of the conflicts and other potential obstacles;

 

(D) Assess and describe federal permits required forconstruction;

 

(E) Assess environmental considerations and constraints,including recreational use of the water in storage;

 

(F) Identify legal constraints to development;

 

(G) Identify alternate sources of supply including both surfacewater and groundwater;

 

(H) Summarize public testimony received at meetings held by thecommission in the basin of origin; and

 

(J) Contain the commission's recommendation to the legislaturewhether to terminate further consideration of the proposed project or tocontinue the project at its current level of study, or to proceed with furtheractivity under paragraph (a)(ii), (iii) or (iv) of this section.

 

(ii) Level II feasibility studies shall to the extent possible:

 

(A) Include a detailed analysis of factors relevant to development,operation and maintenance;

 

(B) Identify major problems and opportunities concerningdevelopment and the environmental, recreational, social and economic effects ofdevelopment;

 

(C) Identify the desired sequence of events, includingcommencement of state and federal permitting activities and acquisition ofland;

 

(D) Summarize testimony received at public hearings held by thecommission in the basin of origin;

 

(E) Include test drilling for groundwater projects;

 

(F) Contain final concept design and cost estimates;

 

(G) Include the project financing plan;

 

(H) Identify the interests in land and water rights to beacquired and the means and costs of acquisition. An "interest inland" may include the fee simple title or any other interest in land lessthan a fee simple; and

 

(J) Include draft legislation describing in detail theconstruction, operation and financing of the proposed project, includingreimbursement of predevelopment costs from the beneficiaries of the project.

 

(iii) Repealed by Laws 1988, ch. 79, 11.

 

(iv) Level III construction and operation plans shall proceed asauthorized and approved by the legislature under the immediate direction andcontrol of the commission. Preference in the marketing of hydroelectric powerfrom any such project shall be given to utilities serving Wyomingmunicipalities and to rural electric cooperatives where economical andpermissible under federal law. Pursuant to legislative authorization for waterdevelopment projects and prior to completion of Level III construction thecommission may:

 

(A) Design, construct, acquire or purchase water developmentprojects for the conservation, storage, distribution and use of water or anyfeature, facility, function or portion of a project;

 

(B) Contract for the performance of any power undersubparagraph (A) of this paragraph, and consult with or employ experts andprofessional persons;

 

(C) Acquire by purchase, lease, appropriation, gift, exchangeor eminent domain, necessary land, easements and other property forconstruction, operation and maintenance of water projects and accept gifts,grants and contributions of money from any source;

 

(D) Acquire by purchase, lease, appropriation, development,gift or exchange necessary water rights for construction, operation andmaintenance of water projects and accept gifts, grants and contributions ofmoney from any source;

 

(E) Contract for the sale, lease or delivery of water, waterrights, water storage or hydroelectric power, and fix charges, rates, rents,fees and tolls;

 

(F) Contract with, contribute to or receive contributions fromany legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for theconstruction, operation, management and maintenance of any project or anyinterest in any facility or function of a project.

 

(v) After completion of Level III construction, the commission:

 

(A) Shall be responsible for the operation and maintenance ofstate owned facilities constructed under the direction and control of thecommission;

 

(B) Shall manage contracts and agreements entered into by thecommission pursuant to paragraph (iv) of this subsection;

 

(C) May contract for the sale, lease or delivery of water,water rights, water storage or hydroelectric power and fix charges, rates,rents, fees and tolls for any project constructed pursuant to paragraph (iv) ofthis subsection not in conflict with contracts and agreements entered into bythe commission;

 

(D) May contract with, contribute to or receive contributionsfrom any legal subdivision of the state, special district, the joint businesscouncil of the Eastern Shoshone and Northern Arapaho Indian tribes, thebusiness council of the Eastern Shoshone Indian tribe, the business council ofthe Northern Arapaho Indian tribe, private corporation or person for the operation,management and maintenance of any project or any interest in any facility orfunction of a project.

 

(b) State agencies shall cooperate fully with the commission inthe preparation of the studies. In the execution of these activities, thecommission shall:

 

(i) Receive and acquire data relating to water, water use andwater quality from any source as it relates to the project;

 

(ii) Repealed by Laws 1979, ch. 59, 5.

 

(iii) Hold public hearings within the basin of origin waterdivision where the proposed project will be wholly or partly constructed,consult with and receive the views of private persons, local groups,associations and organizations representing water users, industries and thepublic interest;

 

(iv) Coordinate the feasibility studies with the plans of othergovernment agencies and departments;

 

(v) Undertake studies, investigations, surveys and researchrelevant to the completion of the study and enter into contracts andarrangements for its completion with any government agency, department or anyperson, firm, university, institution or state or national organization;

 

(vi) Undertake studies, investigations, surveys and researchrelevant to outright purchase by the state of Wyoming of water interests fromthe federal government;

 

(vii) Perform any other related activities or functions relevantand appropriate to the completion of the feasibility study; and

 

(viii) Maximize the use of all existing information, data, reportsand other materials, and no funds shall be expended to duplicate existinginformation, data, reports and other materials.

 

(c) Repealed by Laws 1982, ch. 59, 2.

 

(d) The commission may suspend the expenditure of time or fundson a project at any level of activity, if it is established that it would be inthe public interest. The commission shall report the reason for any suspensionof activity to the legislature.

 

(e) Any person seeking financial assistance from the waterdevelopment account to rehabilitate an existing water project shall submit thatrequest to the commission. The commission shall:

 

(i) Review and develop plans and recommendations for theproject as provided in this section.

 

(ii) Repealed by Laws 1986, ch. 109, 3.

 

(f) The commission shall make a recommendation to thelegislature for disposition of projects it retains under subsection (e) of thissection.

 

41-2-115. Report; authorization; assignment.

 

 

(a) In preparation of the final concept design under W.S.41-2-114(a)(ii), the commission shall after giving public notice hold a publichearing within the affected water division. Any interested person, associationor state or federal agency may appear and participate as a party. Following thehearing, the commission shall make public a report of their findings relativeto whether the project is in the public interest, stipulating if the proposedproject functions and services can be served by any person, association orcorporation engaged in private enterprise, or if private enterprise has refusedto provide the functions and services identified as being required by theproposed project. The commission shall then proceed as set forth in subsections(b) and (c) of this section. Nothing in this section shall be construed tointerfere with the duties of the state engineer or the state board of control.

 

(b) The commission shall within ninety (90) days following thepublic hearings transmit its findings and recommendations to the governor andlegislature pursuant to W.S. 41-2-114(a). Within thirty (30) days followingreceipt of the findings and recommendations of the commission, the governorshall submit separate recommendations concerning the projects to thelegislature. If the recommendations of the governor differ from those of thecommission, the governor shall state the reasons for nonconcurrence with therecommendations of the commission.

 

(c) If the commission finds that a project is desirable and inthe public interest, and that some other governmental agency, public districtor private corporation or association is desirous and capable of constructing,operating and maintaining the project and accomplishing the public interest tobe served thereby, the commission, with the approval of the governor and thelegislature, shall transfer or assign the project and any property or rightsconnected therewith to the agency, district, corporation or association uponagreed terms for reimbursement of the expense of predevelopment costs, paymentfor property and assurances of construction, operation and maintenance.

 

41-2-116. Water rights.

 

 

(a) The director of the Wyoming water development office shall,at the direction of the governor, file applications in the name of the stateof Wyoming for permits to appropriate water, to construct dams and other works,and to take the steps necessary to acquire, maintain or preserve the priorityof any right essential to any project which is or may become a project of theWyoming water development program, except that nothing in this subsection shallbe construed to authorize or empower the director of the Wyoming waterdevelopment office to acquire water rights through the power of eminent domain.

 

(b) All laws of the state relating to the appropriation and useof water shall apply to any projects of the Wyoming water development program.

 

41-2-117. Wyoming water development commission; membership; removal;terms.

 

(a) The Wyoming water development commission is created toconsist of ten (10) members. The membership shall include:

 

(i) Nine (9) persons, two (2) shall be residents appointed fromeach water division of the state as defined in W.S. 41-3-501, at least one (1)will be a person having an adjudicated water right. One (1) resident of Wyomingshall be appointed at large and one (1) shall be an enrolled member of theArapahoe or Shoshone Indian tribes who is resident on the Wind River IndianReservation:

 

(A) They shall be appointed by the governor, after consultationwith the superintendent of each water division and approval of the senate, andmay be removed by the governor as provided in W.S. 9-1-202;

 

(B) Not more than five (5) members shall be of the samepolitical party;

 

(C) Appointments are for a term of four (4) years;

 

(D) Five (5) of the first appointees shall serve two (2) yearterms and four (4) appointees shall serve four (4) year terms;

 

(E) No person shall be appointed for more than two (2)consecutive terms;

 

(F) If any member ceases to reside in or is absent from thedivision from which appointed for a continuous period of six (6) months ormore, the governor shall declare his office vacant and shall appoint asuccessor from the same division for the unexpired term;

 

(G) The governor shall fill a vacancy for an unexpired term ina like manner to subparagraph (F) of this paragraph;

 

(H) The commission shall annually select one (1) of its membersas chairman and one (1) of its members as secretary;

 

(J) To serve as consultants without vote the following aredesignated:

 

(I) The state engineer or his designee;

 

(II) The chief executive officer of the Wyoming business councilor other person designated by the council; and

 

(III) A person with interest, training and expertise in waterresource matters from the University of Wyoming or the Wyoming Water ResourceResearch Institute, appointed by the president of the university with theapproval of the board of trustees.

 

(b) Members from the four (4) water divisions, the at-largemember and the tribal member shall be voting members of the commission. Six (6)members constitute a quorum for the transaction of commission business.

 

(c) All grant and loan programs over which the commission hasauthority shall be administered by the Wyoming water development office.

 

41-2-118. Powers, duties, salaries and expenses of commission.

 

(a) The commission shall:

 

(i) Repealed by Laws 1992, ch. 42, 4.

 

(ii) Have authority to contract for legal counsel upon approvalof the governor to assist in matters related to water resource development asdirected by the commission. By request of the commission and upon approval ofthe governor, the legal counsel shall be entitled to use monies appropriatedfor legal matters relating to water development. Legal counsel shall consultwith the commission, director of the Wyoming water development office, stateengineer and attorney general on a regular basis;

 

(iii) Submit an annual report of its activities, expenses,recommendations and other items to the governor and the joint agriculture,state and public lands and water resources interim committee by December 31;

 

(iv) Meet quarterly and as necessary and as the governor maydirect;

 

(v) Biennially on or after March 1 elect a chairman from thenine (9) persons;

 

(vi) Establish and adjust priorities for water developmentprojects;

 

(vii) Adopt rules and regulations to implement the provisions ofW.S. 41-1-106 through 41-1-108 and 41-2-107 through 41-2-118, includingestablishment of qualifications for the administrator;

 

(viii) Perform other duties as directed by law;

 

(ix) As nearly as possible represent and assist all interestsadvocating water development and conservation in the state;

 

(x) Have the duty and the authority to conduct studies, developplans, and recommend legislation which may be enacted for the purpose ofsecuring full utilization of the waters of the state of Wyoming, giving priorityto projects for utilization of waters not now being beneficially used inWyoming;

 

(xi) Repealed by Laws 1992, ch. 42, 4.

 

(xii) Establish an application fee not to exceed one thousanddollars ($1,000.00) which shall be paid by potential project beneficiariesprior to commission consideration of a project for inclusion in the waterdevelopment program. Application fees shall be deposited into waterdevelopment account I;

 

(xiii) Represent or advocate the state's interests in negotiationsand construction of water projects assigned by the legislature or the governor;and

 

(xiv) Have authority to temporarily defer the principal amountdue on debt service payments for money loaned to an irrigation district,watershed improvement district, conservation district or a conservancy districtfor construction of water development projects whenever the governor hasdeclared that a drought emergency exists within the affected district's servicearea. The district shall be eligible for the temporary deferral of theprincipal amount due, provided the interest payments on the remaining principalamount are paid and current. The commission shall amend the amortizationschedule to reflect the length of time from the date the affected districtseeks the temporary deferral to the date the governor declares the emergencydrought condition no longer exists.

 

(b) Commission members shall receive a salary of one hundredtwenty-five dollars ($125.00) per day and actual and necessary travelingexpenses while away from home while engaged in the performance of commissionduties.

 

41-2-119. Groundwater studies.

 

(a) The Wyoming water development commission may grant not toexceed six million dollars ($6,000,000.00) to incorporated cities and towns,water and sewer districts and improvement and service districts in Wyoming forexploration for and feasibility studies of the use of underground water formunicipal and rural domestic purposes, not to exceed four hundred thousanddollars ($400,000.00) for any one (1) exploration or study. The grants shallbe made from revenues from water development account I and those revenues arehereby so appropriated. Any city or town, water and sewer district or serviceand improvement district receiving a grant pursuant to this section shall provideat least twenty-five percent (25%) of the cost of the exploration or study fromits own funds. The commission shall adopt rules and regulations governingapplication procedures for the grants.

 

(b) The commission may expend from the funds appropriated undersubsection (a) of this section for exploration and for feasibility studies ofthe use of underground water for municipal and rural domestic purposes subjectto the following conditions:

 

(i) The exploration or study shall be conducted in conjunctionwith an incorporated city or town, water and sewer district or service andimprovement district in Wyoming under an agreement;

 

(ii) Not more than four hundred thousand dollars ($400,000.00)in state funds shall be expended for any one (1) exploration or study underthis subsection;

 

(iii) The incorporated city or town, water and sewer district orservice and improvement district shall provide at least twenty-five percent(25%) of the cost of the exploration or study from funds other than under thissubsection;

 

(iv) The incorporated city or town, water and sewer district, orimprovement and service district shall apply for participation in this programunder procedures established by rules and regulations adopted by thecommission.

 

41-2-120. Approval of loans, construction or water contracts andagreements.

 

Allloans, construction or water contracts and agreements to which the state is aparty, entered into pursuant to this act or W.S. 41-2-114, shall be submittedto the select [water] committee for thirty (30) days for its review andrecommendation and approved and executed by the governor and the head of theagency, commission or board.

 

41-2-121. Criteria for water development projects; disclosure ofpersonal interests by commission.

 

 

(a) The water development commission shall establish criteriafor evaluation and administration of water development projects. Criteria shallinclude but not be limited to the following:

 

(i) All water development proposals submitted to thelegislature shall be reviewed by and accompanied by the recommendation of thewater development commission;

 

(ii) The commission's recommendation shall:

 

(A) Emphasize projects developing unappropriated water;

 

(B) Give preference wherever possible to projects developingnew storage capacity;

 

(C) Consider the potential for development of hydroelectricpower in any project through Level II;

 

(D) Include a summary of the commission's findings under W.S.41-2-112(b);

 

(E) Include financing methods subject to the following:

 

(I) Any water development project may be financed by grants notto exceed seventy-five percent (75%) of the total cost of the project;

 

(II) Storage projects may be financed by grants for the fullcost of the storage capacity but not to exceed public benefits as computed bythe commission;

 

(III) Loans may be made for domestic, municipal, agricultural,industrial, recreational or fish and wildlife enhancement purposes;

 

(IV) The term of a loan shall not exceed fifty (50) years aftersubstantial completion of a project;

 

(V) Payment of interest and principal on loans may be deferredfor not more than five (5) years after substantial completion of the project;

 

(VI) Loan contracts for project construction shall includeprovisions to ensure [that] the project shall be operated and maintained duringthe term of the loan;

 

(VII) The state may elect to own all or a part of a project andenter into water service repayment contracts with project developers;

 

(VIII) A project involving a transbasin diversion shall addressthe impact of the diversion and recommend measures to mitigate any adverseimpact identified in the basin of origin;

 

(IX) Interest on a loan should provide a reasonable return tothe state but shall not be less than four percent (4%) except when thecommission recommends a lower interest rate because of public benefits;

 

(X) Loan contracts for project construction shall provide forpayment of interest on defaulted payments at a rate of ten percent (10%) perannum.

 

(iii) Repealed by Laws 1986, ch. 109, 3.

 

(iv) The commission may disqualify from consideration or givelower priority to a project proposed to correct problems identified in a reviewperformed by the department of environmental quality under W.S. 18-5-306(c)where the board of county commissioners approved a subdivision applicationnotwithstanding the department's recommendation that the application bedisapproved.

 

(b) Any member of the commission who has a personal or privateinterest in any matter proposed or pending before the commission shall publiclydisclose this fact to the commission and shall not vote thereon.

 

(c) Within sixty (60) days after the effective date of thissubsection or within sixty (60) days following appointment and annually on orbefore January 1, each member of the commission shall file written disclosures relative to all interests held by the member or the member's spouse, includinginterests in partnerships and corporations, with the secretary of state, of:

 

(i) Any water rights, permits or applications held, whether fordirect flow, reservoirs or underground water;

 

(ii) Any interests in engineering or construction firms whichengage in designing or constructing water projects.

 

(d) The promulgation of operating procedures and programcriteria by the commission under this section and decisions of the commissionrelating to the recommendation, prioritization or disqualification of projectsare specifically exempt from all provisions of the Wyoming AdministrativeProcedure Act including provisions for judicial review under W.S. 16-3-114 and16-3-115.

 

41-2-122. Protection and rights of landowner.

 

 

(a) The Wyoming water development commission shall include inthe planning process at Level I notification to a landowner whose lands may beflooded or otherwise physically affected, as determined by the administrator. The commission shall include in the planning process at Level II consultationwith any landowner whose land may be flooded or otherwise physically affectedby a proposed water project and shall include a report on the proposedmitigation of landowner impacts as jointly identified by the commission and thelandowner.

 

(b) The Wyoming water development commission shall consultwith and supply copies of reports and studies to any landowner whose land willbe flooded or physically affected by any proposed water development project.The commission and any employees or other persons under the control of thecommission shall mitigate any damages and disruption of the landowner'soperations during the study phase including prevention of public nuisances andshall enter on private property only in the manner provided by W.S. 1-26-506 andshall also be subject to W.S. 1-26-507 and 1-26-508.

 

(c) In proceeding with Level III, construction and operationplans, the commission shall follow the requirements of the Wyoming EminentDomain Act, shall negotiate in good faith with affected landowners and, inaddition, shall attempt to mitigate damages which may occur from the impactsenumerated in subsection (a) of this section.

 

41-2-123. Project studies generally; hearings; reimbursement of costs;source of funding; use of unobligated funds; recommendations to legislature.

 

(a) The commission, after public notice, is authorized toconduct public workshops and public hearings in the affected regions onprojects which have been approved for study by the legislature pursuant to W.S.41-2-114.

 

(b) For each project authorized for Level I or Level II studyby the legislature, the commission shall make a recommendation on the followingalternatives:

 

(i) Proceed with next level of activity;

 

(ii) Continue study at the presently authorized level ofactivity; or

 

(iii) Terminate consideration of the project.

 

(c) Funds appropriated by the legislature for Level Ireconnaissance studies and Level II feasibility studies may be included in thecosts to be reimbursed by project beneficiaries as provided by W.S.41-2-112(b)(ii), unless otherwise specifically provided by the legislature.

 

(d) For projects completed and in use priorto 1970, the funding for Level I and Level II activities shall come from thosewithin water development account II unless otherwise specifically provided bythe legislature.

 

(e) The water development commission may commence and contractfor a Level II feasibility study of a project using unobligated fundsauthorized by law for a Level I reconnaissance study of the project if:

 

(i) The Level I study is substantially complete;

 

(ii) The due date for the Level I study report established bythe legislature has not occurred;

 

(iii) The commission finds the Level II study to be in the bestinterest of the state;

 

(iv) The select water committee created under W.S. 28-11-101reviews the commission request to proceed with the Level II study.

 

(f) All recommendations, including proposed legislation, fromthe water development commission to the legislature required by law regardingspecific water projects shall be presented to the select water committeecreated by W.S. 28-11-101 not later than fifteen (15) days prior tocommencement of the legislature to which the reports are due. The committeeshall review and make recommendations to the legislature regarding commissionrecommendations and proposed legislation.

 

41-2-124. Accounts created; unexpended balance.

 

(a) The following accounts are created:

 

(i) Water development account I into which shall be depositedrevenues pursuant to law;

 

(ii) Water development account II into which shall be depositedrevenues pursuant to law;

 

(iii) Water development account III into which shall be depositedrevenues pursuant to law.

 

(b) Any unexpended balance in water development accounts I, IIand III as defined by subsection (a) of this section shall be invested by thestate treasurer and the interest earned shall be credited to the account.

 

(c) The state treasurer shall transfer such sums of money fromwater development accounts I and II created by subsection (a) of this sectionto the state drinking water revolving loan account created by W.S. 16-1-302 toprovide not to exceed one-half (1/2) of the twenty percent (20%) state matchingfunds for each federal capitalization grant to the drinking water staterevolving fund program account. The transferred funds shall be proportionedbetween water development accounts I and II as directed by the waterdevelopment commission.

 

(d) No new dam with storage capacity of less than two thousand(2,000) acre-feet of water or expansion of a dam with a storage capacity ofless than one thousand (1,000) acre-feet of water shall be funded with fundsfrom water development account III. Without the approval of the legislature,funds deposited into water development account III shall not be diverted fromthat account, other than for the purpose of financing projects related to damconstruction or expansion.

 

(e) There is transferred to the water development account IIIcreated by paragraph (a)(iii) of this section effective July 1, 2005:

 

(i) Fifty-four million seventy thousand dollars($54,070,000.00) from water development account I reserved for the GreenRiver/Wind River project development fund established in W.S. 99-3-604. Thetransfer of money into water development account III shall not eliminaterecognition of the water storage potential in the Green River/Wind Riverbasins;

 

(ii) Ten million dollars ($10,000,000.00) from the budgetreserve account.

 

41-2-125. Office of water programs created; duties; annual report.

 

(a) There is created the office of water programs within theoffice of research at the University of Wyoming. The office of water programsshall:

 

(i) Work directly with the director of the Wyoming waterdevelopment office to identify research needs of state and federal agenciesregarding Wyoming's water resources, including funding under the NationalInstitutes of Water Resources (NIWR);

 

(ii) Serve as a point of coordination for and to encourageresearch activities by the University of Wyoming to address the research needsidentified in paragraph (i) of this subsection;

 

(iii) In conjunction with the Wyoming water development office,submit a report annually prior to each legislative session to the select watercommittee and the Wyoming water development commission on the activities of theoffice.

 

ARTICLE 2 - PROJECTS

 

41-2-201. Renumbered as 99-99-201 by Laws 2009, Ch. 168, 401.

 

 

41-2-202. Renumbered as 99-99-202 by Laws 2009, Ch. 168, 401.

 

 

41-2-203. Renumbered as 99-99-203 by Laws 2009, Ch. 168, 401.

 

 

41-2-204. Renumbered as 99-99-204 by Laws 2009, Ch. 168, 401.

 

 

41-2-205. Renumbered as 99-99-205 by Laws 2009, Ch. 168, 401.

 

 

41-2-206. Renumbered as 99-99-206 by Laws 2009, Ch. 168, 401.

 

 

41-2-207. Repealed by Laws 1986, ch. 113, 14; Renumbered as99-99-207 by Laws 2009, Ch. 168, 401.

 

 

41-2-208. Renumbered as 99-99-208 by Laws 2009, Ch. 168, 401.

 

 

41-2-209. Renumbered as 99-99-209 by Laws 2009, Ch. 168, 401.

 

 

41-2-210. Renumbered as 99-99-210 by Laws 2009, Ch. 168, 401.

 

41-2-211. Renumbered as 99-99-211 by Laws 2009, Ch. 168, 401.

 

 

41-2-212. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-212by Laws 2009, Ch. 168, 401.

 

 

41-2-213. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-213by Laws 2009, Ch. 168, 401.

 

 

41-2-214. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-214by Laws 2009, Ch. 168, 401.

 

 

41-2-215. Repealed by Laws 1982, ch. 60, 16; Renumbered as 99-99-215by Laws 2009, Ch. 168, 401.

 

 

41-2-216. Renumbered as 99-99-216 by Laws 2009, Ch. 168, 401.

 

 

41-2-217. Renumbered as 99-99-217 by Laws 2009, Ch. 168, 401.

 

 

41-2-218. Renumbered as 99-99-218 by Laws 2009, Ch. 168, 401.

 

41-2-219. Renumbered as 99-99-219 by Laws 2009, Ch. 168, 401.

 

 

41-2-220. Renumbered as 99-99-220 by Laws 2009, Ch. 168, 401.

 

 

41-2-221. Renumbered as 99-99-221 by Laws 2009, Ch. 168, 401.

 

 

41-2-222. Renumbered as 99-99-222 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 3 - LITTLE BIGHORN RIVER

 

41-2-301. Renumbered as 99-99-301 by Laws 2009, Ch. 168, 401.

 

ARTICLE 4 - SPLIT ROCK FORMATION

 

41-2-401. Renumbered as 99-99-401 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 5 - PARK RESERVOIR DAM

 

41-2-501. Renumbered as 99-99-501 by Laws 2009, Ch. 168, 401.

 

41-2-502. Renumbered as 99-99-502 by Laws 2009, Ch. 168, 401.

 

 

41-2-503. Renumbered as 99-99-503 by Laws 2009, Ch. 168, 401.

 

 

41-2-504. Renumbered as 99-99-504 by Laws 2009, Ch. 168, 401.

 

 

41-2-505. Renumbered as 99-99-505 by Laws 2009, Ch. 168, 401.

 

 

41-2-506. Renumbered as 99-99-506 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 6 - GREEN RIVER

 

41-2-601. Renumbered as 99-99-601 by Laws 2009, Ch. 168, 401.

 

ARTICLE 7 - TOWN OF SOUTH SUPERIOR

 

41-2-701. Renumbered as 99-99-701 by Laws 2009, Ch. 168, 401.

 

 

ARTICLE 9 - LITTLE BIGHORN RIVER

 

41-2-901. Repealed by Laws 1988, ch. 79, 11.

 

 

ARTICLE 10 - DEBT SERVICE ACCOUNTS

 

41-2-1001. Renumbered as 99-99-1001 by Laws 2009, Ch. 168, 401.

 

ARTICLE 11 - WIND RIVER INDIAN RESERVATION

 

41-2-1101. Renumbered as 99-99-1101 by Laws 2009, Ch. 168, 401.

 

ARTICLE 12 - LITTLE SNAKE RIVER

 

41-2-1201. Renumbered as 99-99-1201 by Laws 2009, Ch. 168, 401.

 

ARTICLE 13 - TRANSFER OF WATER

 

41-2-1301. Transfer of water authorized; conditions.

 

(a) Pursuant to W.S. 41-3-115, the United States Bureau ofReclamation and the Wyoming water development office are hereby authorized totransfer a maximum of thirty-three thousand four hundred ninety-three (33,493)acre feet of storage water per year from the environmental account in thePathfinder Modification Project within Pathfinder reservoir to the Wyoming-Nebraskastate line for the purpose of providing regulatory certainty under theEndangered Species Act for the use of Wyoming water in the Platte River basin.

 

(b) Pursuant to W.S. 41-3-115, and the Wyoming waterdevelopment office is hereby authorized to transfer a maximum of nine thousandsix hundred (9,600) acre feet of storage water per year from the Wyomingaccount in the Pathfinder Modification Project within Pathfinder reservoir tothe Wyoming-Nebraska state line through annual temporary water use agreementswith the Platte River Recovery Implementation Program in any year the storagewater in the Wyoming account is not needed by the state of Wyoming as amunicipal water supply or a replacement water supply to meet the state ofWyoming's obligations in the Nebraska v. Wyoming settlement agreement and thePlatte River Recovery Implementation Program.

 

(c) The authorizations granted under subsections (a) and (b) ofthis section shall terminate if the state of Wyoming withdraws from the PlatteRiver Recovery Implementation Program or any successor programs approved by thegovernor.

 

(d) If the director of the Wyoming water development officedetermines that Wyoming water users are not receiving the regulatory certaintyunder the endangered species act as provided for in the Platte River recoveryimplementation program, he shall submit a report to the select water committeeoutlining the inadequacy of the regulatory certainty.

 

(e) If the state engineer determines that the transfersauthorized under subsections (a) and (b) of this section cause injury toWyoming water users beyond those identified in the final opinion andrecommendations provided to the legislature pursuant to W.S. 41-3-115(q), thenthe state engineer shall report the injury to the select water committee.

 

(f) Any revenue generated through the annual temporary wateruse agreements for storage water from the Wyoming account shall be deposited inthe account created by W.S. 41-2-1001(a)(iv).