SF0127 - Green River/Wind River water storage.
2001 |
State of Wyoming |
01LSO-0465 |
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; providing
7
appropriations; and 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 and approved by the attorney
7
general, or a sponsor with whom the state may contract;
8
9 (ii) Projects
purposes: To reserve water
10 development program funds for construction
of dams and
11 reservoirs which may serve new irrigation
and multi-purpose
12 projects and provide supplemental water
supplies for
13 agricultural and municipal purposes within
the Green River
14 and Wind River drainage basins and their
tributaries, which
15 may provide new water supplies for the
development of new
16 hydropower facilities within the basins, and
which may
17 provide cooling water needed for the
construction of new
18 thermal electric generation facilities in
the basins;
19
20 (iii) Projects
description: To reserve water
21 development program funds which will
eventually be used to
22 fund the construction of dams and reservoirs
in the Green
23 River and Wind River basins and their
tributaries, to fund
24 the enlargement of existing dams and
reservoirs within the
Page 6
1
Green River and Wind River basins and their tributaries,
2 and
to fund appurtenances necessary to make the projects
3
complete and function in the manner intended;
4
5 (iv) Total
projects budget: Seventy million
6
dollars ($70,000,000.00);
7
8 (v) Appropriation:
There is appropriated from
9
water development account I to the commission seventy
10 million dollars ($70,000,000.00) or as much
thereof as
11 necessary to carry out the purpose of this
subsection.
12 Unexpected funds appropriated shall revert
to water
13 development account I on July 1, 2010;
14
15 (vi) Special conditions:
17 (A) Expenditures
shall not occur until the
18 legislature has approved project specific
legislation that
19 conforms to the purposes described in
paragraph (ii) of
20 this subsection;
21
22 (B) Expenditures
for the Green River/Wind
23 River projects may only occur once the
legislature has
Page 7
1
approved project specific legislation for projects that can
2
demonstrate noninjury to existing water appropriators;
3
4 (C) Only those
projects within the Wind
5
River basin that are consistent with the courts' decisions
6 in
the Big Horn River general adjudication, as interpreted
7 by
the attorney general, or with an amendment to those
8
decisions by stipulation of the parties and entry of court
9
order adopting such stipulations and Green River basin
10 projects are eligible for construction under
this article;
11 and
12
13 (D) Funds
appropriated may only be used to
14 finance the construction costs for
components that secure
15 benefits that accrue to the state or to
public entities
16 formed pursuant to Wyoming law.
17
18 Section 2. This act is effective July 1, 2001.
19
20 (END)
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