1999 State of Wyoming 99LSO-0303


                              HOUSE BILL NO. HB0093
                                        
                                        
Omnibus water bill-planning.

Sponsored by: Select Water Committee


                                     A BILL
                                        
                                       for

 1  AN ACT relating to water development projects; authorizing

 2  specified Level I and II studies and providing

 3  appropriations; requiring reports; providing for reversion

 4  of unexpended funds; authorizing unobligated funds to be

 5  used to complete other designated project studies under

 6  certain conditions; increasing the appropriation to pay the

 7  state's share of costs relating to the endangered species

 8  act; increasing the funding for a temporary position to

 9  assist in water conservation efforts; increasing the

10  appropriation for litigation expenses; authorizing specified

11  positions and providing funding for expenses necessary to

12  implement and administer the statewide water planning

13  process; providing an appropriation for the Bear River Basin

14  study and the Green River/Little Snake River Basin study;

15  and providing for an effective date.

16

17  Be It Enacted by the Legislature of the State of Wyoming:

18



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 1   Section 1.  1998 Wyoming Session Laws, Chapter 82,

 2  Sections 2 through 6 and 8 is amended to read:

 3
 4                    [AUTHORIZED LEVEL I AND LEVEL II STUDIES]
 5     
 6     Section   22(a).     LEVEL I  RECONNAISSANCE
 7       STUDIES - NEW DEVELOPMENT.  The following sums of
 8       money are appropriated from water development
 9       account I to the commission to be expended to
10       conduct the following reconnaissance studies as
11       defined in W.S. 41-2-114.  Funds appropriated
12       under this section for a particular project which
13       are in excess of the actual amount necessary to
14       complete the study may, subject to the review of
15       the select water committee, be expended by the
16       commission to complete the reconnaissance study
17       for any other project listed in this section.
18       Appropriated funds not expended prior to July 1,
19       2000, shall revert to water development account I.
20       The commission shall submit a report to the
21       legislature on each of the following studies prior
22       to the 2000 legislative session.
23     
24               [LEVEL I RECONNAISSANCE STUDIES - NEW DEVELOPMENT]
25     
26       PROJECT                LOCATION  APPROPRIATION
27     
28       Crook County Water Supply         Crook County     $ 100,000
29       Dubois Master Plan     Fremont County   75,000
30       Kaycee Master Plan     Johnson County   40,000
31       Lingle Master Plan     Goshen County    40,000
32       Nine Mile Water Supply Albany County    20,000
33       North End Water Supply Park County      50,000
34       Thirty-Three Mile Water Supply  Natrona County        25,000
35        Total  appropriation  for  Section  22(a)    $ 350,000
36     
37      Section 2(b).  LEVEL I RECONNAISSANCE STUDIES 
38      - REHABILITATION.  The following sums of money are 
39      appropriated from water development account II to 
40      the commission to be expended to conduct the 
41      following reconnaissance studies as defined in 
42      W.S. 41-2-114.  Funds appropriated under this 
43      section for a particular project which are in 
44      excess of the actual amount necessary to complete 
45      the study may, subject to the review of the select 
46      water committee, be expended by the commission to 
47      complete the reconnaissance study for any other 
48      project listed in this section.  Appropriated 
49      funds not expended prior to July 1, 2000, shall 
50      revert to water development account II.  The 
     
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 1      commission shall submit a report to the 
 2      legislature on each of the following studies prior 
 3     to the 2000 legislative session.
 4                                       
 5                   [LEVEL I RECONNAISSANCE STUDIES -
 6          REHABILITATION]
 7     
 8     PROJECT    LOCATION     APPROPRIATION
 9     
10        Saratoga  Hugus  Mullison  Ditch   Carbon     County    $40,000
11     Total appropriation for Section 2(b)     $40,000
12     
13     
14            Section 3.  LEVEL II FEASIBILITY STUDIES -
15       NEW DEVELOPMENT.  The following sums of money are
16       appropriated from water development account I to
17       the commission to be expended to conduct the
18       following feasibility studies as defined in W.S.
19       41-2-114.  Funds appropriated under this section
20       for a particular project which are in excess of
21       the actual amount necessary to complete the study
22       may, subject to the review of the select water
23       committee, be expended by the commission to
24       complete the feasibility study for any other
25       project listed in this section.  Appropriated
26       funds not expended prior to July 1, 2000, shall
27       revert to water development account I.  The
28       commission shall submit a report to the
29       legislature on each of the following studies prior
30       to the 2000 legislative session.
31     
32                [LEVEL II FEASIBILITY STUDIES - NEW DEVELOPMENT]
33     
34       PROJECT                LOCATION  APPROPRIATION
35     
36         Bairoil  Water  SupplySweetwater  County      $  225,000
37       Coal Bed Methane Test Wells    Campbell County     $  300,000
38       Crestview Water Supply Campbell County 200,000
39       Glenrock Raw Water Supply      Converse County  75,000  40                              375,000
41       Laramie Westside Storage         Albany County     40,000
42       Lakeview Water Supply  Natrona County   25,000
43     Lander Water Supply Fremont County     100,000
44       McNutt Water Supply    Washakie County  25,000
45       New Castle Water Supply-
46         Aquifer Stimulation
47     and Vertical or
48     DirectionalDrilling       Weston        County     140,000
49                                       560,000
50     Nine Mile Water SupplyAlbany County    30,000
51     North Uinta County I & S
52       District Water SupplyUinta County    40,000
53     Riverton Water SupplyFremont County    65,000
54       Sheridan Diversion     Sheridan County  75,000
     
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 1       Sheridan Raw Water Supply      Sheridan County     35,000
 2       State Stream Gage System             Statewide     200,000
 3       Thirty-Three   Mile   Water   SupplyNatrona   County      50,000
 4       Washakie Rural Water Supply    Washakie County     100,000
 5       Westside/Rock Springs Water
 6         Supply               Sweetwater County30,000
 7       Hold Projects*         Statewide        15,000
 8                   Total      appropriation      for      Section       3      $1,260,000
 9                              2,490,000
10     
11       *Hold projects include Blackwillow, North Alpine, Rock
12       Springs East, Sinclair,  Aladdin,   Bridger  Valley, Lake view, 
13       and Hawk Springs Water Supply Projects and Corn Creek
14       Irrigation, Crow Creek Groundwater Recharge, Goshen
15       Reregulating Reservoir, Middle Fork Dam, North Cheyenne,
16       Smith's Fork Dam and Viva Naughton Enlargement Projects.
17     
18            Section 4.  LEVEL II FEASIBILITY STUDIES -
19       REHABILITATION.  The following sums of money are
20       appropriated from water development account II to
21       the commission to be expended to conduct the
22       following feasibility studies as defined in W.S.
23       41-2-114.  Funds appropriated under this section
24       for a particular project which are in excess of
25       the actual amount necessary to complete the study
26       may, subject to the review of the select water
27       committee, be expended by the commission to
28       complete the feasibility study for any other
29       project listed in this section. Appropriated funds
30       not expended prior to July 1, 2000, shall revert
31       to water development account II.  The commission
32       shall submit a report to the legislature on each
33       of the following studies prior to the 2000
34       legislative session.
35          
36                 [LEVEL II FEASIBILITY STUDIES - REHABILITATION]
37     
38       PROJECT                LOCATION  APPROPRIATION
39     
40     Afton    Periodic   SpringLincoln    County       $ 75         
41     Cheyenne    South    Crow   DiversionLaramie    County      80,000
42     Douglas Water SupplyConverse County    60,000
43       Downer Neighborhood Water SupplySheridan County      75,000
44     Fayette     Irrigation     DistrictLincoln      County      75,000
45       Goshen Hole Irrigation Goshen County $  70,000
46     Goshen      Irrigation      DistrictGoshen      County      75,000
47       Highline Ditch Watershed
48       Improvement DistrictCarbon County    50,000
49       Horse Creek Irrigation Goshen County    30,000
50     Sinclair    Water    Supply    ProjectCarbon    County      50,000
51      Total   appropriation  for  Section  4   $175,000     
52                            $ 640,000
53     
54       Section 5.  There is appropriated from water
55       development account I to the state engineer's
     
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 1   office eight hundred fifty thousand dollars 
 2   ($850,000.00)  one  million  seven  hundred  thousand  
 3   dollars ($1,700,000.00)for fifty percent (50%)  of  
 4   the state's proportionate share of the
 5   capitalization of components to recover and
 6   remove, from the endangered species act list, four
 7   (4) species of fish that inhabit the Upper
 8   Colorado  River  basin.  The  remaining  fifty  percent 
 9   (50%) of the state's proportionate share will be 
10   funded during the next biennium pending an 
11   evaluation   of  the  "Recovery  Implementation   Program  
12      for the Recovery of Endangered Species in the 
13      Upper Colorado River" and pending approval by the 
14      legislature.  The state's proportionate share
15       shall be two and one-half percent (2.5%) of the
16       total cost of the capital construction program for
17       the recovery of the species or one million seven
18       hundred thousand dollars ($1,700,000.00),
19       whichever is less.  Funds appropriated shall not
20       be expended until funding for the participating
21       states and the federal government has been
22       appropriated and made available to meet
23       construction costs believed to be necessary for
24       the recovery of the species. The Funds
25       appropriated in this section shall not revert at 
26        the  end  of  any  fiscal  year  but  shall  carry   over     
27        until   expended   or   reverted   by   the   legislature     that  
28      are not expended prior to July 1, 2001, shall 
29      revertto water development account I.
30     
31            Section 6.
32          
33          (a)  There is appropriated from water
34       development account I to the state engineer's
35       office fifty thousand dollars ($50,000.00) for
36       funding fifty percent (50%) of the cost of
37       retaining the services of a full-time temporary or
38       contract  staff person dedicated to working with
39       the United States Bureau of Reclamation and water
40       user entities in the preparation of voluntary
41       water conservation plans, evaluations and
42       investigations of existing delivery systems, water
43       management analyses and other technical assistance
44       requested by water users.  The remaining fifty
45       percent (50%) of the cost of the position will be
46       funded by the United States Bureau of Reclamation.
47       Funding for this position will be reviewed
48       annually by the United States Bureau of
49       Reclamation, the state engineer, the legislature
50       and the governor.  In the event the position is
     
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 1       not funded, the conservation staff person position
 2       will be eliminated.
 3      
 4       (b)  An additional fifty thousand dollars 
 5      ($50,000.00) is appropriated from water 
 6      development account I to the state engineer's 
 7      office to meet the state's proportionate share of 
 8      the second year contract expense for the 
 9     conservation staff position.
10      
11            Section 8.  There is appropriated from water
12       development account I to the office of the
13       attorney general two million dollars 
14        ($2,000,000.00) five    million      dollars  
15        ($5,000,000.00) to continue to  protect  and      defend
16       the state of Wyoming's right to develop, regulate
17       and beneficially use the waters of the North
18       Platte River.  The funds appropriated shall not
19       lapse at the end of any fiscal period but shall
20       carry over until expended or reverted by the
21       legislature to water development account I.
22
23       Section 2.  Statewide water planning process.

24     

25       (a)  For purposes of implementing and administering the

26  statewide water planning process there is appropriated from

27  water development account I the following amounts for the

28  following stated purposes:

29

30            (i)  Three hundred three thousand dollars

31  ($303,000.00) and three (3) full-time positions to the water

32  development commission;

33

34            (ii)  Forty-four thousand dollars ($44,000.00) and

35  one (1) full-time position to the state engineer;

36



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 1            (iii)  Thirty-eight thousand dollars ($38,000.00)

 2  to the water development commission to contract with the

 3  University of Wyoming to carry out the functions of the

 4  water resources data system office related to the statewide

 5  water planning process;

 6

 7            (iv)  One million fifty thousand dollars

 8  ($1,050,000.00) to the water development commission to

 9  conduct basin studies on the Bear River and Green

10  River/Little Snake River Basins.

11

12       (b)  Beginning in the 2001-2002 biennium, the positions

13  and expenses necessary to administer the statewide water

14  planning process shall be included in the standard budgets

15  of the applicable agencies.

16

17       (c)  This section is effective July 1, 1999.

18     

19       Section 3.  This act is effective immediately upon

20   completion of all acts necessary for a bill to become law

21  as provided by Article 4, Section 8 of the Wyoming

22  Constitution.

23

24                                      (END)

                                        

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