41-2-218 by Laws 2009, Ch. 168, § 401.)

41-2-218 by Laws 2009, Ch. 168, § 401.)

99-99-219. Definitions.

(a) As used in this act:

(i) "Commission" means the Wyoming water development commission;

(ii) "Department" means the department of economic planning and development [economic development and stabilization board];

(iii) "District" means a court approved assessment district consisting of the shareholders in the Shell Canal Company;  (iv) "Project" means the rehabilitation of Shell Canal as described in the report submitted by the water development commission entitled "Shell Canal Rehabilitation Project";

(v) "This act" means W.S. 41-2-219 through 41-2-222.

(Laws 1983, Ch. 163, § 1; Renumbered from 41-2-218 by Laws 2009, Ch. 168, § 401.)

99-99-220. Authorization of project.

In order to provide for agricultural use in the Shell Creek drainage of Big Horn county, Wyoming, the district is authorized to proceed with the final design and rehabilitation of Shell Canal.

(Laws 1983, Ch. 163, § 1; Renumbered from 41-2-220 by Laws 2009, Ch. 168, § 401.)

99-99-221. Formation of district; duties.

The Shell Canal company shall form a court approved assessment district. The district shall obtain all permits and clearances necessary to proceed with the project. The department shall do any and all things necessary to assure the compliance by the district with conditions provided for in this act.

(Laws 1983, Ch. 163, § 1; Renumbered from 41-2-221 by Laws 2009, Ch. 168, § 401.)

99-99-222. Project financing.

(a) The state of Wyoming shall loan to the district from the water development account through the department as authorized in W.S. 9-2-206 [repealed] a sum not to exceed ninety-five thousand dollars ($95,000.00) for a term of fifty (50) years at an annual interest rate of six percent (6%) provided [that]:

(i) The district offers security as deemed adequate and acceptable to the attorney general;

(ii) No principal or interest is due and payable during the first five (5) years of the term of the loan;  (iii) Interest shall not accrue on the principal during the first five (5) years of the term of the loan;

(iv) The district shall establish a sinking fund for repair and maintenance from an annual assessment of one dollar ($1.00) per acre for each acre to which a water right is attached;

(v) The department establishes a repayment schedule in accordance with the conditions prescribed in this act.

(b) The state of Wyoming shall grant the district not to exceed ninety-five thousand dollars ($95,000.00) for construction of the project. The department shall release grant funds as it deems necessary.

(Laws 1983, Ch. 163, § 1; Renumbered from 41-2-222 by Laws 2009, Ch. 168, § 401.)

99-99-301. Use of surface waters and tributaries for transportation of coal to other states.

(a) On the advice of the state engineer the legislature of the state of Wyoming hereby grants to Texas Eastern Wyoming, Inc., a Delaware corporation (to the extent that it is or may be the holder of a permit, certificate or application to appropriate, store or divert water), all approval required by W.S. 41-3-105 and 41-3-115 to use outside of the state of Wyoming not more than twenty thousand (20,000) acre-feet annually of the surface waters of the Little Bighorn River and its tributaries (including intrastate and interstate tributaries) as a medium of pipeline transportation of coal to another state or states and for uses related to or connected with a pipeline system of transportation of coal. No more than ten thousand (10,000) acre-feet of such water shall be used annually to transport coal other than coal mined within the boundaries of Wyoming.

(b) The approval granted by this act to use not more than twenty thousand (20,000) acre-feet annually of such surface waters outside the state of Wyoming shall automatically terminate if there is a permanent termination of the use of such surface waters as a medium of pipeline transportation of coal.

(c) The use of such surface waters outside the state of Wyoming pursuant to this approval shall not require a grant of reciprocal rights from any adjoining states as set forth in W.S.