41-2-506.

41-2-506.

(Laws 1981, Ch. 70, § 1; 1982, Ch. 41, § 2; 1998, Ch. 5, § 2; 2000, Ch. 97, § 3; Renumbered from 41-2-501 by Laws 2009, Ch. 168, § 401.)

99-99-502. Authorization of project.

In order to provide water for agricultural, municipal, recreational and environmental use in the Big Goose Creek and Little Goose Creek drainages of north central Wyoming, the district is authorized to proceed with the final design and reconstruction of the Park Reservoir Dam and appurtenant works to store the amount of water authorized in the original permit.

(Laws 1981, Ch. 70, § 1; Renumbered from 41-2-502 by Laws 2009, Ch. 168, § 401.)

99-99-503. Formation of district; duties.

The Park Reservoir Company shall form a court-approved assessment district. The district shall complete all filings and obtain any permits 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 1981, Ch. 70, § 1; Renumbered from 41-2-503 by Laws 2009, Ch. 168, § 401.)

99-99-504. Project financing.  (a) The state of Wyoming shall fund directly from its water development account an amount not to exceed one million three hundred twenty-five thousand dollars ($1,325,000.00) in return for:

(i) Five hundred eighty-eight (588) acre-feet of stored water in Park Reservoir to maintain a minimum pool for fisheries;

(ii) Five hundred thirty (530) acre-feet of stored water in Park Reservoir to be used to augment flushing flows in the East Fork of Big Goose Creek at the rate of ninety (90) cubic feet per second for seventy-two (72) hours;

(iii) Ninety (90) acre-feet of stored water in Park Reservoir to be used to sustain a minimum flow in the East Fork of Big Goose Creek when inflow into the reservoir drops below four and one-half (4.5) cubic feet per second.

(b) The state of Wyoming shall not be subject to normal operation and maintenance costs for fifty (50) years beginning with the completion of the project.

(c) The state of Wyoming shall loan to the district through the department as authorized in W.S. 9-3-312 a sum not to exceed one million two hundred thousand dollars ($1,200,000.00) from its water development account for a term of forty (40) years at five percent (5%) interest provided:

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

(ii) The department establishes a repayment schedule in accordance with the conditions herein prescribed.

(Laws 1981, Ch. 70, § 1; Renumbered from 41-2-504 by Laws 2009, Ch. 168, § 401.)

99-99-505. Management plan; restriction on sale of water; loan acceleration.

(a) The district and the division 2 superintendent of the state board of control, with approval of the state engineer, shall establish a reservoir management plan to achieve the objectives of this act.  (b) There shall be no sale or transfer of ownership of water from Park Reservoir to other than agricultural users without prior approval of the state board of control. In the event that such a sale or transfer is approved, the balance of the loan associated with the sale is immediately due and payable.

(Laws 1981, Ch. 70, § 1; Renumbered from 41-2-505 by Laws 2009, Ch. 168, § 401.)

99-99-506. Reconstruction and repair.

(a) One million two hundred thousand dollars ($1,200,000.00) is appropriated from the water development account for completion of reconstruction and repairs to correct damage caused by embankment movement and to stabilize the embankment against further displacement of the Park Reservoir Dam. The department shall release funds it deems necessary for reconstruction and repair to the district. Fifty-two and one-half percent (52 1/2%) of any funds released by the department shall be a direct appropriation in exchange for public benefits received under W.S. 41-2-504. Forty-seven and one-half percent (47 1/2%) of the funds released by the department shall be a loan.

(b) Funds released by the department as a loan under subsection (a) of this section shall be subject to the following conditions:

(i) The district shall offer security deemed adequate and acceptable by the attorney general; and

(ii) The department shall establish a repayment schedule subject to the following conditions:

(A) Upon completion of the project, the total amount of the loan shall be determined and the term of the loan shall commence;

(B) The term of the loan shall be forty (40) years at an annual interest rate of five percent (5%);

(C) No interest or principal shall be payable during the first ten (10) years of the term. The loan shall be amortized over the remaining thirty (30) years of the term;  (D) Any proceeds received by the district for reimbursement of any contractual obligations of any third person owed to the district shall be applied to repayment of the loan authorized by W.S. 41-2-506(a), after payment of costs and fees expended in connection therewith, as allowed by the district court having jurisdiction over the district; and

(E) If the sale or transfer of ownership of water is approved under W.S. 41-2-505, the balance of the loan under this section associated with the sale or transfer is immediately due and payable.

(c) The attorney general shall assist the district in pursuing any claim based on a cause of action arising out of the reconstruction or repair of the Park Reservoir Dam.

(Laws 1982, Ch. 17, § 1; Renumbered from 41-2-506 by Laws 2009, Ch. 168, § 401.)

99-99-601. Use of surface waters and tributaries for slurry pipeline and fertilizer plant.

The legislature of the state of Wyoming hereby grants to Chevron Chemical Company, a Delaware corporation, the consent required by W.S. 41-3-105 and 41-3-115(b) and (c) to export from and use outside the state of Wyoming up to three thousand (3,000) acre-feet annually of the surface waters of the Green River and its tributaries for a phosphate rock concentrate slurry pipeline transportation system from Utah to Wyoming and for uses related to the operation of a fertilizer plant in Wyoming, subject to the acquisition of a water service contract with the state of Wyoming regarding Fontenelle Reservoir.

(Laws 1982, Ch. 17, § 1; Renumbered from 41-2-601 by Laws 2009, Ch. 168, § 401.)

99-99-701. Water supply and transmission project.

(a) The department of economic planning and development [economic development and stabilization board] is authorized to proceed with the design and construction of a domestic and municipal water supply and transmission system for the town of South Superior in Sweetwater county. The source of supply may be from surface or groundwater as the department [board] determines will best satisfy the present and future needs of the municipality in the most economical manner. Prior to commencement of construction of the water supply and transmission project, the department of economic planning and development [economic development and stabilization board] shall:

(i) Enter into a signed project agreement with the town of South Superior, Wyoming, for the construction, operation and maintenance of the project by the city;

(ii) Assign the project to the town for design, construction and operation, after execution of the project agreement with the town of South Superior and upon approval of the governor as specified in W.S. 41-2-115;

(iii) Approve the final design, plans and specifications and construction schedule for the project facilities and development of water service from the project facilities to the town of South Superior;

(iv) Approve the operation and maintenance plans for the project which shall be developed by the town of South Superior and the department of environmental quality; and

(v) Approve and authorize payments and disburse the funds appropriated for the project, in accordance with the plans and specifications approved by the department [board] and with the terms and conditions of the agreement executed with the town of South Superior.

(b) The department of economic planning and development [economic development and stabilization board] shall expend not to exceed three million dollars ($3,000,000.00) to determine the most satisfactory and economical source of supply and transmission system for the water project authorized in subsection (a) of this section and to design and construct the water project for the town of South Superior.

(Laws 1983, Ch. 124 § 1; Renumbered from 41-2-701 by Laws 2009, Ch. 168, § 401.)

99-99-801. Reserved.

99-99-901. Repealed by Laws 1988, ch. 79, § 11 as