SF0127 - Green River/Wind River water storage.
2001 |
State of Wyoming |
01LSO-0465.E1 ENGROSSED |
SENATE FILE NO. SF0127
Green River/Wind River water storage.
Sponsored by: Select Water Committee
A BILL
for
1 AN ACT relating to water
development; reserving water
2
development program funds for water storage projects in the
3
Green and Wind Rivers and their tributaries; authorizing
4
construction of storage projects pending approval of
5
project specific legislation; specifying terms and
6
conditions of funding for the storage projects; and
7
providing for an effective date.
8
9 Be It Enacted by the Legislature of the State of Wyoming:
10
11 Section 1. W.S.99-3-601
through 99-3-604are created
12 to read:
13
14 ARTICLE 6
15 GREEN RIVER/WIND RIVER PROJECTS
16
17 99-3-601. Definitions.
Page 1
1
2 (a) As used in this article:
3
4 (i) "Commission"
means the Wyoming water
5
development commission;
6
7 (ii) "Projects"
means dam and storage projects,
8
spillways, outlet works and appurtenances as described in
9
the Level III construction projects new development in W.S.
10 99-3-604;
11
12 (iii) "Water
development account" means the
13 account created by W.S. 41-2-124.
14
15 99-3-602. Project components.
16
17 (a) The Green
River/Wind River projects consist of
18 the following components:
19
20 (i) Dams;
21
22 (ii) Emergency spillways;
23
Page 2
1 (iii) Outlet
works consisting of principal
2
spillways and operating spillways;
3
4 (iv) Dam access roads;
5
6 (v) Embankment instrumentation;
7
8 (vi) Remote sensing and control features;
9
10 (vii) Gauging stations;
11
12 (viii) Power supply facilities;
13
14 (ix) Utility and
road relocations as necessary
15 to construct and implement the
projects;
16
17 (x) Boat ramps,
parking areas for the boat ramp
18 areas and access roads to the boat
ramps;
19
20 (xi) Conveyance facilities;
21
22 (xii) Appurtenances
necessary to make the
23 project complete and function in the
manner intended.
24
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1 99-3-603. Authorization.
2
3 (a) The
commission may expend funds appropriated in
4
project specific legislation that is approved by the
5
legislature, to perform the following:
6
7 (i) Prepare
environmental impact statements or
8
assessments, as required;
9
10 (ii) Perform final designs;
11
12 (iii) Prepare plans and specifications;
13
14 (iv) Obtain
options, land exchange or purchase
15 agreements for the necessary
projects' lands and easements;
16
17 (v) Procure the
404 permits from the United
18 States Army Corps of Engineers, the
401 permits from the
19 Wyoming department of environmental
quality and the permit
20 to construct from the Wyoming state
engineer's office;
21
22 (vi) Perform
other incidental work required to
23 prepare the projects for
construction.
24
Page 4
1 (b) Upon
enactment of project specific legislation
2
that is approved by the legislature, the commission may
3
negotiate project sponsorship and water sales contracts
4
with entities formed pursuant to Wyoming law that
5
demonstrate a need for water and desire to participate in
6
the projects.
7
8 (c) Upon
enactment of project specific legislation
9
that is approved by the legislature, the commission may
10 either purchase necessary project
lands and easements and
11 construct and operate the projects
in a manner consistent
12 with this article or develop a
project agreement with a
13 sponsor in a manner consistent with
the terms and
14 conditions outlined in the
agreements established under
15 Level III construction projects new
development in W.S.
16 99-3-604.
17
18 99-3-604. Level III construction
projects new
19 development.
20
21 (a) The
provisions of W.S. 99-3-103(a)(i) through
22 (xi) and (xiv) shall apply to this
article.
23
24 (b) Green River/Wind River projects:
2 (i) Projects
sponsors: The specific projects
3
referred to throughout the article may be sponsored by an
4
irrigation district, watershed improvement district, city
5
or town, the state, or any political subdivision formed
6
pursuant to Wyoming law, or a sponsor with whom the state
7
may contract. All sponsors shall be approved by the
8
attorney general;
9
10 (ii) Projects
purposes: To reserve water
11 development program funds for
construction of dams and
12 reservoirs which may serve new
irrigation and multi-purpose
13 projects and provide supplemental
water supplies for
14 agricultural and municipal purposes
within the Green River
15 and Wind River drainage basins and
their tributaries, which
16 may provide new water supplies for
the development of new
17 hydropower facilities within the
basins, and which may
18 provide cooling water needed for the
construction of new
19 thermal electric generation
facilities in the basins;
20
21 (iii) Projects
description: To reserve water
22 development program funds which will
eventually be used to
23 fund the construction of dams and
reservoirs in the Green
24 River and Wind River basins and
their tributaries, to fund
Page 6
1 the
enlargement of existing dams and reservoirs within the
2
Green River and Wind River basins and their tributaries,
3
and to fund appurtenances necessary to make the projects
4
complete and function in the manner intended;
5
6 (iv) Total
projects budget: Fifty-five million
7
dollars ($55,000,000.00);
8
9 (v) Special conditions:
11 (A) Expenditures
shall not occur until the
12 legislature has approved project
specific legislation that
13 conforms to the purposes described
in paragraph (ii) of
14 this subsection;
15
16 (B) Expenditures
for the Green River/Wind
17 River projects may only occur once
the legislature has
18 approved project specific
legislation for projects that can
19 demonstrate noninjury to existing
water appropriators;
20
21 (C) Only those
projects within the Wind
22 River basin that are consistent with
the courts' decisions
23 in the Big Horn River general
adjudication, as interpreted
24 by the attorney general, or with an
amendment to those
Page 7
1 decisions
by stipulation of the parties and entry of court
2
order adopting such stipulations and Green River basin
3
projects are eligible for construction under this article;
4
and
5
6 (D) Funds
appropriated may only be used to
7
finance the construction costs for components that secure
8
benefits that accrue to the state or to public entities
9
formed pursuant to Wyoming law.
10
11 Section 2. This act is effective July 1, 2001.
12
13 (END)
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