Wyoming Administrative Rules 029 — Water Development Commission

292 General Agency, Board or Commission Rules

Chapter 1 General Provisions

Wyo. Code R. 029.0001.1.11202020 General Provisions

CHAPTER 1

GENERAL PROVISIONS

Section 1. Authority. The promulgation of these rules is authorized by Wyoming Statutes §§ 41-2-118, 41-2-119, and 41-2-124.

Section 2. Officers. Officers of the Commission shall include a Chair, Vice-chair, and a Secretary, who shall be elected annually from among the membership of the Commission.

Section 3. Definitions. The following definitions shall apply to these rules:

(a) "Commission" means the Wyoming Water Development Commission.

(b) "Chair" means the duly elected chair of the Wyoming Water Development Commission.

(c) "Director" means the director of the Wyoming Water Development Office.

(d) "EWP Sponsor" means a political subdivision that owns or has the legal responsibility to operate or maintain irrigation infrastructure. EWP refers to emergency water projects.

(e) "Irrigation infrastructure" shall have the meaning provided in Wyoming Statute § 41-2-124(k).

(f) "Office" means the Wyoming Water Development Office.

(g) "Program" means the Wyoming Water Development Program.

(h) "Secretary" means the duly elected secretary of the Wyoming Water Development Commission.

(i) "Sponsor" means an organized public entity consisting of the project beneficiaries, including but not limited to: legal subdivisions of the State of Wyoming, irrigation districts, drainage districts, conservation districts, water conservancy districts, public irrigation and power districts, watershed improvement districts, improvement and service districts, water districts, water and sewer districts, joint powers boards, any public corporation legally organized for the purposes of the conservation, distribution or utilization of water or soil, a joint business council of the Eastern Shoshone and Northern Arapaho Indian tribes, the business council of the Eastern Shoshone Indian tribe and the business council of the Northern Arapaho Indian tribe. This definition of "Sponsor" shall not apply to Chapter 9 of these rules governing emergency water projects.

History

• Effective 2020-11-20

Chapter 2 Meetings

Wyo. Code R. 029.0001.2.11202020 § 1 Meetings

Meetings may be conducted through electronic means. Meetings shall be called by the Chair, after consultation and coordination with the Director and other members of the Commission, or by a majority of members of the Commission, or at the direction of the Governor. In addition to these persons, the Director may also call meetings to consider emergency water projects.

Section 2. Majority for Approval of Actions. A majority vote of the members of the Commission present at the meeting shall be required for approval of any actions of the Commission.

Section 3. Rules of Order. Any matter of procedure or conduct not specifically provided for by state law or by rules and regulations of the Commission shall be governed by Robert's Rules of Order Revised, Latest Edition.

History

• Effective 2020-11-20

Chapter 3 Administration

Wyo. Code R. 029.0001.3.11202020 § 1 Director

The Director serves at the pleasure of the Governor, is the chief executive officer to the Commission, administers the organization and operation of the Office staff, and carries out the programs of the Commission in its policies and at its meetings.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.3.11202020 § 2 Signing of Contracts

All contracts, agreements, memorandums of understanding, or other documents of the Commission shall be signed by the Chair and attested by the Secretary when authorized by the Commission, except that the Vice-Chair shall sign if the Chair is not available and an Acting Secretary may sign if the Secretary is not available. The Director, his designee, or other members of the Commission may sign contracts if so authorized by the Commission.

History

• Effective 2020-11-20

Chapter 4 Public Hearings

Wyo. Code R. 029.0001.4.11272017 Public Hearings

WYOMING WATER DEVELOPMENT COMMISSION

CHAPTER 4

PUBLIC HEARINGS

Section 1. Holding of Hearings. Public hearings shall be held by the Commission, for any of the purposes provided in Wyoming Statutes §§ 41-2-114 (b)(iii) and 41-2-115(a). Nothing contained in these rules shall be construed as prohibiting the Commission or the Director from holding informational meetings, public workshops, or additional public hearings as authorized by statute, upon notice to the Commission.

Section 2. Membership Present at Hearings. Any Commissioner present at a hearing may serve as the presiding officer at such hearing. The Director, or his designee, shall serve as the presiding officer if no Commissioners are present. The Director, or his designee, shall attend each hearing.

History

• Effective 2017-11-27

Chapter 5 Public Records Request

Wyo. Code R. 029.0001.5.11272017 Public Records Request

WYOMING WATER DEVELOPMENT COMMISSION

CHAPTER 5

PUBLIC RECORDS REQUESTS

Section 1. Incorporation by Reference. The Commission hereby incorporates by reference: Chapter 2 of the Department of Administration and Information Rule and Regulations: Uniform Procedures, Fees, Costs, and Charges for Inspecting, Copying, and Producing Public Records. This incorporation by reference does not include any later amendments or editions of the incorporated rule beyond September 6, 2016. The Commission has determined that incorporation of the full text in these rules would be cumbersome and inefficient given the length and nature of the rules. The incorporated rule is maintained at 6920 Yellowtail Road, Cheyenne, WY 82002 and is available for public inspection and copying in accordance with this rule at the same location. The incorporated material is available on the Commission's website: http://wwdc.state.wy.us/.

History

• Effective 2017-11-27

Chapter 6 Groundwater Exploration Grants

Wyo. Code R. 029.0001.6.11272017 Groundwater Exploration Grants

WYOMING WATER DEVELOPMENT COMMISSION

CHAPTER 6

GROUNDWATER EXPLORATION GRANTS

Section 1. Applicability. These rules and regulations shall govern application procedures for the groundwater grant program established by Wyoming Statute § 41-2-119.

Section 2. Application Procedures. Applications for funds available through this program shall be prepared and submitted to the Director which shall be forwarded to the Commission.

Section 3. Application Format.

(a) Part 1 - Statement of Problem. Applicant must demonstrate to the satisfaction of the Commission that additional sources of water are needed.

(b) Part 2 - Project Plan. Applicant must prepare and submit a specific and detailed plan of how funds will be spent if awarded. The plan shall include, but is not limited to:

(i) A detailed advance hydro-geologic feasibility study of the area where exploration is anticipated. If such a study is not available, then the costs of obtaining such a study must be included in the project budget.

(ii) A description of the intended exploration project.

(iii) A line item budget.

(iv) Required permits from State and/or Federal agencies to complete exploration.

(v) A statement of intent that the project work shall:

(A) Be supervised by a professional geologist (P.G.) licensed in the State of Wyoming.

(B) Conform to the State Water Well Minimum Construction Standards of the Wyoming State Engineer's Office; and the Water Quality Rules and Regulations of the Wyoming Department of Environmental Quality.

Section 4. State Engineer Review. The Commission shall submit the application to the State Engineer for review and request that the State Engineer provide an opinion regarding associated water right issues.

Section 5. Acceptance of Application. Upon completion of the opinion by the State Engineer described in Section 4, the Commission shall review the application and take action thereon.

History

• Effective 2017-11-27

Chapter 7 Wyoming Water Development Program

Wyo. Code R. 029.0001.7.11272017 § 1 Purpose

The purpose of Chapter 7 is to implement the Wyoming Water Development Program. The Program provides funding to Sponsors for the planning, design, and construction of water infrastructure projects necessary for the optimal development of the State's water resources.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 2 Eligible Applicants

Eligible applicants shall meet the definition of a Sponsor as defined in these rules, with the exception of Level I Reconnaissance studies in the New Development and Rehabilitation Program, and up to Level II, Phase III studies in the Dam and Reservoir Program. For said studies, the Commission may consider applications from Applicants that do not meet the definition of a Sponsor at the time of application, but who intend to qualify as a Sponsor by the completion of the Level I Reconnaissance study in the New Development and Rehabilitation Program or Level II, Phase III study for the Dam and Reservoir Program. Exceptions to this section shall be approved by the Commission on a case by case basis.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 3 Application Procedures

The Commission shall consider Program applications using the following process:

(a) New project applications shall include:

(i) A detailed description of the project;

(ii) A detailed description of any existing water systems;

(iii) A list of the applicant's past projects funded by the Commission, including date of completion;

(iv) Proposed project start date; if project is not "shovel ready," include additional steps that need to be taken before project can start and proposed time table;

(v) Financial capabilities of the Applicant, including the annual budget for operation, maintenance, and replacement of the water supply system; the existing balance in any emergency funds and sinking funds for the water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance and replacement of the water supply system; and

(vi) A certified original of a resolution in support of the project passed by the governing body of the Applicants, or for Applicants who do not meet the definition of a Sponsor at the time of application shall provide evidence of support for the applications by providing letters or petitions from interested water users.

(b) Applications for Projects previously accepted into the Program shall include:

(i) A description of the project;

(ii) A description of any existing water systems;

(iii) A list of the Applicant's past projects funded by the Commission;

(iv) Financial capabilities of the Applicant, including the annual budget for operation, maintenance, and replacement of the water supply system; the existing balance in any emergency funds and sinking funds for the water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance and replacement of the water supply system; and

(v) Proposed project start date; if project is not "shovel ready," include additional steps that need to be taken before project can start and proposed time table.

(c) In addition to the requirements outlined above, applications for Level III construction projects shall include the following information:

(i) A comprehensive financing plan for the project which includes a listing of all funding sources anticipated to be used by the Applicant and a schedule showing when such funding sources shall become available;

(ii) A certified original of a resolution in support of the project passed by the governing body of the Applicant;

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 4 Application Fees

An initial application fee of one thousand dollars ($1000.00) shall be submitted with each new project application. The application fee may be waived on a case by case basis. If the Commission denies the application, seventy-five percent (75%) of the fee shall be refunded to the Applicant.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 5 General Program Emphasis

(a) Emphasizing multi-purpose water projects for maximum benefit and cost allocation;

(b) Maximizing the use of all existing information, data, reports and other materials in the execution of studies;

(c) Developing unappropriated water;

(d) Developing new storage capacity;

(e) Developing hydroelectric power; and

(f) Utilizing water not currently being beneficially used in Wyoming.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 6 Evaluation

The Commission shall evaluate applications by considering the following:

(a) Information submitted in the project application;

(b) Whether the Applicant is current on all repayment obligations to the State;

(c) General program emphasis; and

(d) Whether the Applicant completed the most recent Commission public water system survey or irrigation system survey.

(e) For construction projects, the Commission shall consider the following additional factors:

(i) Whether the Applicant completed the necessary level of planning studies to adequately define the project scope, assess feasibility, evaluate alternatives, and determine probable costs;

(ii) Whether the Applicant presented an adequate financial plan to fund the project;

(iii) Whether the Applicant is prepared to establish an adequate operations and maintenance account;

(iv) Whether the Applicant is ready to proceed with construction, implementation, and operations; and

(v) Whether the Applicant is prepared to operate and maintain the project.

(f) For rehabilitation projects, the Commission shall also consider the Applicant's past efforts in adequately maintaining the project and whether the Applicant has an existing maintenance account.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 7 Commission Recommendations

Upon receipt of an application, the Director and the Office shall review each application and develop preliminary recommendations to be considered by the Commission. A copy of all original applications will be provided to the Commission. Prior to selecting projects for inclusion in the Program and making recommendations to the Legislature, the Commission shall allow for comments from the Applicant, and receive the preliminary recommendations of the Director. After considering each application, the Commission shall vote on whether to include a project in the Program and either adopt, amend, or reject the Director's preliminary recommendations. Recommendations to the Legislature shall be made by placing Commission approved projects into one of the two draft Omnibus Water Bills (planning or construction). Projects shall not be considered a part of the Program until authorized and funded by the Legislature and Governor.

History

• Effective 2017-11-27

Wyo. Code R. 029.0001.7.11272017 § 8 Operating Criteria

Nothing in these rules shall preclude the Commission from establishing additional criteria for the evaluation and administration of projects pursuant to Wyoming Statute § 41-2-121.

History

• Effective 2017-11-27

Chapter 8 Delegation of Duties

Wyo. Code R. 029.0001.8.11202020 § 1 Applicability

These rules and regulations shall establish the specific administrative duties delegated by the Commission to the Office as authorized by Wyo. Stat. Ann. § 41-2-118 (a)(xvi).

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.8.11202020 § 2 Purpose

In order for the Commission to facilitate the effective operation of the Program and the Commission, it is necessary to delegate certain administrative duties to the Office.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.8.11202020 § 3 Delegation of Duties

The Commission delegates the following administrative duties to the Office and the Office shall provide periodic progress reports to the Commission:

(a) Consult with and receive the views of persons, local groups, and organizations representing water users, special interests, industries and the public interest, and acquire data and information relating to water, water use, water conservation, and water quality from agencies, departments and other sources in the formulation of water resource plans to be adopted by the

Commission;

(b) Coordinate water resource plans with other governmental agencies and departments;

(c) Administer federal or other sources of funding for water and land resource planning;

(d) Develop and provide recommendations to the Commission pertaining to the planning, selection, financing, identification of costs and benefits, construction, acquisition and operation of projects and facilities;

(e) Administer and provide the primary point of contact for all Level I reconnaissance studies and Level II feasibility studies;

(f) Administer and provide the primary point of contact for all Level III construction grants and loans and emergency water project grants and loans;

(g) Plan, advertise and conduct public hearings, public meetings, public workshops to consult and receive views of interested persons for studies and projects authorized by the

Commission;

(h) Operate and maintain facilities under the control of the Commission;

(i) Receive contributions from any legal subdivision of the state, tribal business council of the Eastern Shoshone or Northern Arapaho Indian tribes, private corporation or person for the operation, management and maintenance of any project or any interest in any facility or function of a project;

(j) Receive and acquire data relating to water, water use and water quality from any source as it relates to a project or study;

(k) Review and acquire additional information and provide recommendations to the Commission regarding all applications for funding;

(l) Report Commission findings and recommendations in the form of the Omnibus Water Bill - Planning and Omnibus Water Bill - Construction to the Governor and Legislature;

(m) Develop, produce and distribute an annual report on the Program's activities, expenses, Commission-approved recommendations and other items to the Governor, Legislature, Joint Agriculture, State and Public Lands and Water Resources Interim Committee, and Joint Appropriations Committee;

(n) Deposit all funding application fees into water development account I;

(o) When assigned by the Commission, represent or advocate the State's interests in negotiations and construction of water projects;

(p) Administer contracts and agreements with the United States of America or its duly authorized representative agencies;

(q) Administer grants for the exploration for and feasibility studies of use of underground water;

(r) In the Level I planning process, notify landowners whose lands may be flooded or otherwise physically affected by a proposed water development project;

(s) In the Level II planning process, consult with and provide copies of studies to landowners whose lands may be flooded or otherwise physically affected by a proposed water development project;

(t) In proceeding with Level III construction projects and upon direction by the Commission, negotiate in good faith with affected landowners and follow the requirements of the Wyoming Eminent Domain Act;

(u) File applications in the name of the State of Wyoming for permits to appropriate water for instream flows in those segments of streams recommended by the Game and Fish Commission;

(v) Administer instream flow feasibility studies and report findings to the Game and Fish Commission and Legislature;

(w) On behalf of the Commission, request a call for stream regulation to protect the priority of an instream flow water right;

(x) Administer Level III construction projects including, but not limited to, the performance of the following duties:

(i) Establish repayment schedules for project loans;

(ii) Receive sponsor loan payments for project loans;

(iii) Review and approve appropriate funding levels for sinking funds for repair and maintenance of projects;

(iv) Review and approve construction budgets, construction plans and specifications;

(v) Review necessary permits required to construct projects;

(vi) Review and approve sponsor contracts for design and construction phase services;

(vii) Review, approve and process sponsor requests for payment of grant and loan funds; and

(viii) Serve as the Commission's representative on projects;

(y) Administer the small water project program including, but not limited to, the performance of the following duties:

(i) Review project applications and provide funding recommendations to the Commission;

(ii) Review and approve construction budgets, plans and specifications;

(iii) Monitor sponsor compliance with project agreements; and

(iv) Review, approve and process sponsor requests for payment of grant funds;

(z) Administer reservoir operation and maintenance accounts, deposit all revenue derived from the lease or sale of water from these reservoirs into the appropriate accounts, and pay required loan, operation, maintenance, replacement and other contract obligations from these accounts;

(aa) Annually report to the Joint Agriculture, State and Public Lands and Water Resources Interim Committee and Joint Appropriations Committee any reservoir operation and maintenance account funds determined by the Commission to be in excess of the amount needed to meet the obligations of the accounts and, if approved by the Legislature, deposit excess funds into the designated water development account.

(bb) Administer emergency water projects including, but not limited to, the performance of the following duties:

(i) Establish repayment schedules for emergency water project loans;

(ii) Receive EWP Sponsor loan payments for emergency water project loans;

(iii) Review and provide concurrence to construction budgets, construction plans and specifications;

(iv) Review necessary permits required to construct emergency water projects;

(v) Review and approve EWP Sponsor contracts for design and construction phase services;

(vi) Review, approve and process EWP Sponsor requests for payment of grant and loan funds; and

(vii) Serve as the Commission's representative on emergency water projects; and

(viii) Administer the voluntary pool program within the emergency water projects account.

History

• Effective 2020-11-20

Chapter 9 Emergency Water Projects

Wyo. Code R. 029.0001.9.11202020 § 1 Purpose

The purpose of Chapter 9 is to implement Wyoming Statute § 41-2-124(f)-(k) by providing for eligibility determination, procedures and criteria for the application and award of funds from the emergency water projects account (EWPs), and authorizing a voluntary pool program within the emergency water projects account. The provisions in this chapter shall govern emergency water projects and, to the extent this chapter's provisions conflict with other provisions in these rules, this chapter shall control.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.9.11202020 § 2 Eligible Projects and Applicants

Eligible emergency water projects shall meet the eligibility requirements under Wyoming Statute § 41-2-124(g)-(k). In addition, eligible applicants for emergency water projects shall meet the definition of an EWP Sponsor as defined in these rules.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.9.11202020 § 3 Applications

(a) Applications for emergency water projects shall be submitted to the Office using forms prepared by the Office. Applicants may submit an application based on their knowledge or belief at the time of the application. The application shall include:

(i) A description of the affected irrigation infrastructure at issue in the project;

(ii) Information establishing that the applicant is a political subdivision that owns or has the legal responsibility to operate or maintain the irrigation infrastructure, and therefore could meet the definition of an EWP Sponsor;

(iii) Information establishing that the irrigation infrastructure has been rendered permanently inoperable, or is likely to be rendered permanently inoperable, due to an act of God including fire, earthquake, hurricane, storm or other similar natural disaster or phenomena or an unforeseen or impending natural or man-made event that requires immediate action to prevent a threat to or loss of life or property. This information may include, but is not limited to: the present condition of the irrigation infrastructure and the water system it serves; the known or anticipated threat to, or effect on, public safety, property, or the applicant's system or services; when the applicant learned the irrigation infrastructure was rendered inoperable or likely to be rendered inoperable; and any repairs or maintenance planned for the irrigation infrastructure prior to the applicant learning that infrastructure was inoperable or likely to be rendered inoperable; and

(iv) An approved resolution or other documentation establishing that the applicant has legally authorized the submission of the application and supports the project.

(b) Applicants shall supplement their applications with new or more accurate information as it becomes available to them, or in response to the Commission's or the Office's requests for additional information. The supplemental information shall include, but is not limited to:

(i) A description of the emergency water project and the affected irrigation infrastructure. This description shall include, but is not limited to:

(A) The applicant's services or water supply systems affected by the current or anticipated inoperability of the irrigation infrastructure;

(B) The threat to or effect on public safety or property;

(C) The amount of acreage, water, and users affected by the current or anticipated inoperability of the affected irrigation infrastructure;

(D) Any repairs, replacement, or maintenance that are currently known, or anticipated to be, required to make the affected irrigation infrastructure operable or to restore the applicant's affected services or water supply systems;

(E) Any investigations known or anticipated to be required for the emergency water project;

(F) Estimated costs for the emergency water project and the EWP Sponsor's proposed method of payment and requested financing;

(G) Maintenance and/or repairs conducted on the affected irrigation infrastructure in the past;

(ii) A list of the applicant's past projects funded by the Commission, including date of completion;

(iii) Financial capabilities of the applicant, including the annual budget for operation, maintenance, and replacement of applicant's water supply system; the existing balance in any emergency funds and sinking funds for applicant's water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance, and replacement of the applicant's water supply system;

(iv) Applicant's personnel, equipment, or other available resources to perform repairs or maintenance on its own;

(v) A listing of all funding sources anticipated to be used by the applicant for the project, all funding the applicant has already applied for or anticipates applying for, and an estimated schedule when those sources of funding may be available;

(vi) A list of the persons, including contact information, who assisted in preparing the application or collecting and providing the information relied on in the application;

(vii) A list of engineers or other professionals the applicant has engaged to work on the emergency water project, and their qualifications;

(viii) A certified original of a resolution in support of the application passed by the governing body of the applicant, or other evidence of support for the application from the applicant's governing body or its constituents; and

(ix) Any other information requested by the Office.

(c) Upon receipt of an application and supplemental information thereto, the Director and the Office shall review the submissions and develop recommendations to be considered by the Commission. The Director and the Office may ask the applicant to provide additional information to assist in preparing the recommendations. The Director and the Office shall also arrange a meeting of the Commission to consider the application. The Director and the Office may begin arranging such a meeting before the completion of their recommendations.

(d) The Commission may provide an initial recommendation to the State Loan and Investment Board based on the application information provided under paragraph (a) of this section. The Commission may provide additional recommendations to the State Loan and Investment Board based on supplemental information provided under paragraph (b) of this section as the information becomes available.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.9.11202020 § 4 Commission Evaluation and Recommendations

(a) Prior to making recommendations to the State Loan and Investment Board regarding the application, the Commission shall allow for comments from the applicant and receive the recommendations of the Director.

(b) The Commission shall evaluate applications for emergency water projects by considering information in the project application, the Director's recommendations, the applicant's comments to the Commission, and any other information presented to the Commission regarding the proposed project.

(c) In preparing its recommendations to the State Loan and Investment Board, the Commission may consider factors including, but not limited to:

(i) Whether the applicant and the proposed project are eligible for funding under Wyoming Statute § 41-2-124(g)-(k) and these rules;

(ii) The scope, nature, and condition of the permanently inoperable or likely to be rendered permanently inoperable affected irrigation infrastructure;

(iii) The effects caused by the irrigation infrastructure being rendered or likely to be rendered permanently inoperable. Evaluation of the effects may include, but is not limited to, public safety, or the amount of affected acreage, water, or users;

(iv) What rendered the irrigation infrastructure permanently inoperable;

(v) What is likely to render the irrigation infrastructure permanently inoperable, and the likelihood or urgency of that event;

(vi) Whether continuing normal operation of the irrigation infrastructure for its intended/permitted uses is likely to cause the infrastructure to fail or otherwise become permanently inoperable, and whether that operation must cease to prevent inoperability;

(vii) When the applicant learned the irrigation infrastructure had been rendered, or was likely to be rendered, permanently inoperable;

(viii) The proposed or potential components of the emergency water project. Evaluating the components may include, but is not limited to, whether the proposed project would exceed the repair, replacement, or maintenance required to address the irrigation infrastructure's inoperability;

(ix) The estimated or potential costs of the emergency water project;

(x) Financial capabilities of the applicant;

(xi) Resources of the applicant to perform its own repairs or maintenance;

(xii) Proposed or potential other funding sources, including other potential forms of funding from the Commission;

(xiii) Qualifications of engineers or other professionals the applicant proposes to work on the emergency water project;

(xiv) Whether the applicant is current on all repayment obligations to the State; and

(xv) The applicant's past efforts to maintain the affected irrigation infrastructure.

(d) After considering each application, the Commission shall vote whether to adopt, amend, or reject the Director's recommendations. The Commission's recommendations to fund an emergency water project shall be submitted to the State Loan and Investment Board for the board's consideration. The Commission may elect to make an initial funding recommendation to the board based on the information provided in paragraph (a) of Section 3 and supplemental recommendations based on information provided in paragraph (b) of Section 3 as it becomes available.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.9.11202020 § 5 Projects Awarded Funds

(a) Emergency water project account funds shall not be released for an approved project until the Commission has recommended funding the project and the State Loan and Investment Board has approved funding the project. Unless otherwise authorized by the Commission, emergency water project account funds shall also not be released until the EWP Sponsor has executed a project agreement (and when applicable, a note and a security agreement) with the Commission. Construction of the project and construction administration/inspection shall commence upon the Office's issuance of a notice to proceed.

(b) Once the project agreement is in effect, the EWP Sponsor shall submit to the Office all eligible expenses for reimbursement. Upon review and approval of the Office, reimbursement of eligible expenses shall be distributed to the EWP Sponsor. Consideration of reimbursement of expenses incurred prior to execution of the project agreement will be at the sole discretion of the Commission.

(i) Emergency Water Project eligible expenses include professional services, materials, and labor necessary during, and immediately following, a disaster to restore operation, minimize the extent of damage or to protect remaining facilities. Incidental expenses for the temporary repair of facilities damaged as a direct result of the disaster and to restore temporary functionality, even if reduced, may be eligible. In evaluating the eligibility of expenses, the Office shall consider, among other factors, if incurred expenses were undertaken with proper consideration for the appropriate scope and timeline needed to conduct temporary repairs, and that the intent of emergency water projects account funds is not to repair damage as a result of a preexisting, non-disaster related or inherently deficient condition; nor is it the intent of these funds to fully rehabilitate pre-disaster functionality or condition.

(c) The Commission may review, modify, or terminate emergency water projects or their funding at any time after approval. However, to increase the emergency water projects account funding for an ongoing emergency water project, the Commission must make a recommendation to the State Loan and Investment Board and the Board must review and approve that recommendation prior to release of the additional funds.

(d) Funding for an emergency water project shall cease when:

(i) The Commission determines the project is complete;

(ii) The Commission determines a suitable temporary fix is complete and services are temporarily restored;

(iii) The Commission determines the project costs are no longer eligible; or

(iv) Additional funding becomes available through the Water Development Program or other sources.

(e) Except as otherwise specifically provided by the Commission, each emergency water project shall be subject to the following general conditions:

(i) Each EWP Sponsor shall offer security for the emergency water project loan as deemed adequate and acceptable to the Attorney General;

(ii) The Office shall establish repayment schedules for project loans in accordance with the conditions prescribed in this section. The date project benefits accrue to the EWP Sponsor, for purposes of triggering loan repayment schedules, shall be determined by the Commission;

(iii) Each EWP Sponsor or their representative shall supervise design and construction of the emergency water project and submit all requests for payment to the Office for approval. Upon review and approval of the Office, reimbursement of eligible expenses shall be distributed to the EWP Sponsor;

(iv) EWP Sponsors shall not make construction funding commitments until after the Office provides written concurrence to construction budgets and construction plans;

(v) The Commission and the Office shall make payments directly to the EWP Sponsor;

(vi) The EWP Sponsor shall be responsible for operation and maintenance of the emergency water project;

(vii) The EWP Sponsor is responsible for all emergency water project expenditures in excess of the approved total project budget and any non-eligible expenses;

(viii) If the Commission determines that any EWP Sponsor has, without good cause, abandoned completion of the emergency water project, that EWP Sponsor, in addition to being required to repay the loan, shall be obligated to immediately repay the full amount of all grant funds actually expended, unless offset by any funds contributed to the voluntary pool program, plus interest as established by the State Auditor in an amount equal to the interest that would have accrued on the expended grant funds in the emergency water projects account from the date of expenditure; and

(ix) The EWP Sponsor shall comply with its applicable laws and procedures to procure construction and professional services.

History

• Effective 2020-11-20

Wyo. Code R. 029.0001.9.11202020 § 6 Voluntary Pool Program

A voluntary pool program is authorized within the emergency water projects account. A political subdivision that meets the definition of an EWP Sponsor in these rules may participate in the voluntary pool program. Each participant may contribute funds into a separate subaccount within the emergency water projects account. Funds within each participant's subaccount shall only be used for emergency water projects sponsored by that contributing participant. The Office shall administer the voluntary pool program, including but not limited to receiving and depositing participants' contributions, and disbursing pool funds for emergency water projects. Pool funds may only be applied to offset the loan portion of an approved emergency water project. At a participant's request, the Office may withdraw funds from the participant's subaccount and return them to the participant. A participant that expends or withdraws all of the funds from its subaccount shall be removed from participation in the voluntary pool program.

History

• Effective 2020-11-20