subject to revision - wwdc.state.wy.us

Subject to Revision

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Wyoming Water Development Commission Workshop & Meeting WWDO Conference Room, 6920 Yellowtail Road

Cheyenne, Wyoming January 8-9, 2020

Audio only links for the workshop and meeting can be found on our website: http://wwdc.state.wy.us/ Please check back for any updates to the E-Notebook materials on our website Workshop Schedule: Wed., January 8, 2020 – 1:30 p.m.

1. Roll Call

2. Audience Introductions

3. Financial Status Report (A)

4. Review Public Hearings – Proposed Level III Projects (B)

5. Project Application Updates • Cloud Seeding – Medicine Bow/Sierra Madre/Laramie Ranges and Wind River Range Cost Analyses • LaPrele Irrigation District Rehabilitation, LII, Phase II (refer to tab G) • UW Water Research Program (refer to tab G) • Project Sponsor’s Contingency Fund – Account III (refer to tab H) • Wind River Irrigation Rehabilitation 2015 (refer to tab H)

6. Legislative Process and Meeting Requests Discussion

7. Executive Session to Receive Legal Advice

Meeting Agenda: Thurs., January 9, 2020 – 8:30 a.m.

1. Call to Order

2. Recognition of Members Present to Establish a Quorum


4. Approval of Minutes (C) • November 13, 2019 – Workshop • November 15, 2019 – Executive Session Minutes (Confidential) • November 14-15, 2019 – WWDC/SWC Joint Meeting

http://wwdc.state.wy.us/

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5. Closeout Memos (D)• Osage Water Master Plan, Level I Study

6. Construction Amendments (E)• Pineview Tank and Booster Pump 2017

7. Planning Contracts (F)• Fontenelle Task Order No. 2019-01• Instream Flow Interagency Agreement – WWDC & WGFD• Upper Wind River Instream Flows 2019, Level I Study

8. Preparation for 2020 Legislature• Omnibus Water Bill – Planning (G)

o Possible Amendmentso LaPrele Irrigation District Rehabilitation, LII, Phase IIo UW Water Research Program

• Omnibus Water Bill – Construction (H)o Possible Amendments

o Project Sponsor’s Contingency Fund – Account IIIo Wind River Irrigation Rehabilitation 2015

• Instream Flow Application Process (I)• Emergency Water Projects Account (J)• State Engineer Qualifications (K)• Permit Not Required for Using a De Minimis Amount of Water (L)

9. Update on Level III Construction Projects (M)• Bluff-Upper Bluff System Improvements 2017• Dry Creek Irrigation District Rehab 2019• Wheatland Wells 2017

10. Discussion• Director Announcements

11. Future Meetings Schedule (Mc)

12. Adjourn

Updated: January 08, 2020

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307)777-7881 • FAX (307)777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov

SELECT WATER COMMITTEE

January 10, 2020 | 8:30 AMWyoming Water Development Office

6920 Yellowtail RoadCheyenne, Wyoming

This proposed agenda sets forth the order in which the Committee may consider each topic. The agenda is subject to revision and all times listed are tentative and may be subject to change. If a topic is concluded early, the Committee will proceed to the next topic. For multiple day meetings, topics not completed on the indicated day may be carried over to the next day. Breaks will be taken as necessary.

FRIDAY, JANUARY 10, 2020

8:30 AM 1. Call to Order

8:30 AM 2. Roll Call

8:35 AM 3. Audience Introductions

8:40 AM 4. Consideration of Omnibus Water Bill - Planning 20LSO-0416 v0.1 Omnibus water bill - planning. - LSO

9:10 AM 5. Consideration of Omnibus Water Bill - Construction 20LSO-0417 v0.3 Omnibus water bill - construction. - LSO

9:45 AM 6. Consideration of Instream Flow Application Process Bill 20LSO-0165 v0.6 Instream flow application process. - LSO

10:15 AM 7. Break

10:30 AM 8. Consideration of Emergency Water Projects Account Bill 20LSO-0200 v0.5 Emergency water projects account. - LSO

11:00 AM 9. Consideration of State Engineer Qualifications Bill 20LSO-0269 v0.1 State engineer qualifications. - LSO

11:30 AM 10. Consideration of the Permit Not Required for Using a De Minimis Amount of Water Bill

20LSO-0380 v0.3 Permit not required for using a de minimis amount of water. - LSO

12:00 PM 11. Planning Contracts Upper Wind River Instream Flow Interagency Agreement - WWDC and WGFD

https://web.wyoleg.gov/LsoService/api/File/GetFile/990853bf-5784-4708-8937-669adcd676d5

https://web.wyoleg.gov/LsoService/api/File/GetFile/6e455a8f-54bb-4421-b568-9d99f4eeb91a

https://web.wyoleg.gov/LsoService/api/File/GetFile/f546e840-f853-4d11-a272-816c3520a96d

https://web.wyoleg.gov/LsoService/api/File/GetFile/2b80970a-dbb8-4acc-812d-19f39cbb6c27

https://web.wyoleg.gov/LsoService/api/File/GetFile/ca12dbe9-9c27-48a5-ae23-fdcfa616e999

https://web.wyoleg.gov/LsoService/api/File/GetFile/0c1e0ee5-b4cb-4723-981d-4ddbf32bec7a

https://web.wyoleg.gov/LsoService/api/File/GetFile/0c1e0ee5-b4cb-4723-981d-4ddbf32bec7a

OF 2Updated: January 08, 2020

WYOMING LEGISLATIVE SERVICE OFFICE • 200 West 24th Street • Cheyenne, Wyoming 82002 TELEPHONE (307)777-7881 • FAX (307)777-5466 • E-MAIL [email protected] • WEBSITE www.wyoleg.gov

o Interagency Agreement Upper Wind River ISF 2019 - Wyoming Water Development Office

Upper Wind River Instream Flow 2019 Consultant Contract

o Upper Wind River ISF 2019 Consultant Contract - Wyoming Water Development Office

Fontenelle Task Order No. 2019-01

12:15 PM 12. Construction Amendments Pineview Tank and Booster Pump 2017

12:30 PM 13. Future Meeting Schedule

12:35 PM 14. Adjourn

*NOTE: In accordance with Management Council policy, opportunity for public comment will also be provided upon the conclusion of each topic.

https://web.wyoleg.gov/LsoService/api/File/GetFile/7ef6a609-dd29-425c-a6c2-2fafea3c22f7

https://web.wyoleg.gov/LsoService/api/File/GetFile/7ef6a609-dd29-425c-a6c2-2fafea3c22f7

https://web.wyoleg.gov/LsoService/api/File/GetFile/7d8b584d-ef6e-47df-ac1b-51841ff674cf

https://web.wyoleg.gov/LsoService/api/File/GetFile/7d8b584d-ef6e-47df-ac1b-51841ff674cf

WYOMING WATER DEVELOPMENT COMMISSION COMMISSIONERS

September 2019

Larry Suchor, Chairman (R) (3/1/21) Water Division II 21 Spruce Street Pine Haven, WY 82721 (H) 307-756-9491 Kellen Lancaster, Vice-Chairman (R) (3/1/21) Water Division IV 287 Star West Drive Afton, WY 83110 (C) 307-887-1400 Mike Purcell, Secretary (R) (3/1/21) Member-at-Large 317 Palm Springs Ave. Cheyenne, WY 82009 (H) 307-638-1118 (C) 307-630-7121 Gerald Geis (R) (3/1/21) Water Division III 600 Holly Avenue Worland, WY 82401 (H) 307-347-6443 Clinton W. Glick (R) (3/1/22) Wind River Indian Reservation P.O. Box 1308 Fort Washakie, WY 82514 (C) 307-349-0103 Ron Kailey Jr. (D) (3/1/23) Water Division I 2532 Plainview Rd. Cheyenne, WY 82009 (C) 307-631-7337 Mark Kot (D) (3/1/23) Water Division IV 800 Rose Crown Circle Rock Springs, WY 82901 (H) 307-362-1488 (C) 307-350-9347 (W) 307-872-3917 Sheridan Little (R) (3/1/23) Water Division II P.O. Box 165 Leiter, WY 82837 (C) 307-620-0923 Rodney K. Wagner (R) (3/1/21) Water Division I 3715 Road 86 Lingle, WY 82223 (H) 307-837-2786 Bill Yankee (I) (3/1/23) Water Division III 123 Dallas Dome Rd. Lander, WY 82520 (H) 307-332-6305 (C) 307-330-7922

Updated December 20, 2019

WYOMING WATER DEVELOPMENT COMMISSION COMMISSIONERS

Larry Suchor, Chairman Water Division II Kellen Lancaster, Vice-Chairman Water Division IV Mike Purcell, Secretary Member-at-Large Gerald Geis Water Division III Clinton W. Glick Wind River Indian Reservation Ron Kailey Water Division I Mark Kot Water Division IV Sheridan Little Water Division II Rodney Wagner Water Division I Bill Yankee Water Division III

STAFF Brandon Gebhart Director Vacant Administrative/Fiscal Manager Janet Belmonte Accountant Nancy Casner Office Support Specialist Barry Lawrence Deputy Director – Planning Kevin Boyce Project Manager Keith Clarey Project Manager Julie Gondzar Project Manager Jodie Pavlica Project Manager Vacant Outreach Coordinator Chace Tavelli Project Manager Jodee Pring Supervisor-River Basin Planning Mabel Jones Project Manager Mike Robertson Project Manager Jason Mead Deputy Director – Dams & Reservoirs Andrew Linch Project Manager Tony Rutherford Project Manager Brian Smith High Savery Dam Technician Bryan Clerkin Deputy Director – Construction Bill Brewer Project Manager Sol Brich Project Manager Jason Fernandez Project Manager Walter Kramb Project Manager Wade Verplancke Project Manager

ADVISORS Andrew Kuhlmann Attorney General’s Office Greg Lanning State Engineer Greg Kerr University of Wyoming Vacant Wyoming Business Council

SELECT WATER COMMITTEE REVISED 05/29/19

SNJJ/Select Water Committee

Senator Larry Hicks (R) Chairman Albany/Carbon/Sweetwater Counties PO Box 413 Baggs, WY 82321 (H) 383-7192 [email protected] Senator Wyatt Agar (R) Hot Springs County 3292 Grass Creek Rd. Thermopolis, WY (H) 921-8825 [email protected] Senator Liisa Anselmi-Dalton (D) Sweetwater County 1735 Collins Street Rock Springs, WY 82901 (H) 362-1189 [email protected] Senator Dan Dockstader (R) Lincoln/Teton/Sublette Counties PO Box 129 Afton, WY 83110 (H) 886-1500 (W) 885-5727 [email protected] Senator Ogden Driskill (R) Crook/Weston/E. Campbell Counties PO Box 155 Devils Tower, WY 82714 (H) 467-5555 (C) 680-5555 [email protected] Senator Glenn Moniz (R) Albany County PO Box 784 Laramie, WY 82073 (H) 745-4711 (C) 760-1116 [email protected]

Representative Dan Laursen (R) Vice-Chairman Park County 478 Road 8 Powell, WY 82435 (C) 754-9805 [email protected] Representative Stan Blake (D) Sweetwater County PO Box 774 Green River, WY 82935 (H) 875-3779 [email protected] Representative John Eklund (R) Laramie County 2918 U.S. Highway 85 Cheyenne, WY 82009 (H) 246-3251 [email protected] Representative Hans Hunt (R) Weston County 1347 Old Highway 85 Newcastle, WY 82701 (H) 746-8899 [email protected] Representative Jerry Paxton (R) Carbon County PO Box 692 Encampment, WY 82325 (H) 327-5373 [email protected] Representative Evan Simpson (R) Lincoln County PO Box 678 Afton WY 83110 885-5588 [email protected] Alternate Representative Jamie Flitner (R) Big Horn County 3541 Lane 32 Greybull, WY 82426 (H) 765-2148 [email protected] Alternate Representative Jim Roscoe (I) Lincoln County Box 1789 Wilson, WY 83014 [email protected]

mailto:[email protected]














Water Development Account IPreliminary Fiscal Projections as of 10/1/2019

Cash Balance 6/30/18 112,191,154FY19 Revenues

Taxes 19,297,500Interest 3,541,105Loans/Interest 1,876,949Other 379,350

Total Revenues 25,094,904FY19 Expenditures

Total Expenditures (25,532,747)Cash Balance 6/30/19 111,753,311

Outstanding Commitments 7/1/19Active Appropriations (166,814,151) *Expenditures Paid 66,654,864

Total Commitments 7/1/19 (100,159,287)Total Uncommitted Balance 7/1/19 11,594,024

FY20 Anticipated RevenuesTaxes 19,300,000Interest 2,000,000Other 1,800,000

Total FY20 Anticipated Revenues 23,100,000FY21 Anticipated Revenues

Taxes 19,300,000Interest 2,000,000Other 1,600,000

Total FY21 Anticipated Revenues 22,900,000FY22 Anticipated Revenues

Taxes 19,300,000Interest 2,000,000Other 1,600,000

Total FY22 Anticipated Revenues 22,900,000Subtotal Anticipated Revenues 68,900,000Balance Available for Appropriation 80,494,024

Estimated Non-Project 2020 Budget Session Appropriations for FY2021-22OSLI (060) - DWSRF Request for Match 1,152,779Department of Agriculture (010) - Water Quality Funding 656,008State Engineer's Office (037) - Interstate Streams 102,953State Engineer's Office (037) - Board of Control 14,349,701Attorney General's Office (015) - Board of Control 36,314WWDO (029) - Agency Administration 8,143,897Total (24,441,652)

Updated Balance Available for Appropriation 56,052,372

*Active Appropriations includes the funding for the Board of Control within the State Engineer's Office.

Water Development Account IIPreliminary Fiscal Projections as of 8/1/2019

Cash Balance 6/30/18 28,422,341

FY19 Revenues3,255,000

912,4761,525,722

TaxesInterestLoans/Interest Buffalo Bill Account 5,500,000

Total Revenues 11,193,198

FY19 ExpendituresTotal Expenditures (8,541,630)

Cash Balance 6/30/19 31,073,909

Outstanding Commitments 7/1/19Active Appropriations (45,376,106)Expenditures Paid 16,398,943

Total Commitments 7/1/19 (28,977,163)

Total Uncommitted Balance 7/1/19 2,096,746

FY20 Anticipated RevenuesTaxes 3,255,000Interest 400,000Loans/Interest 1,000,000

Total FY20 Anticipated Revenues 4,655,000

FY21 Anticipated RevenuesTaxes 3,255,000Interest 400,000Loans/Interest 800,000


FY22 Anticipated RevenuesTaxes 3,255,000Interest 400,000Loans/Interest 800,000


Subtotal Anticipated Revenues 13,565,000

Balance Available for Appropriation 15,661,746

Water Development Account IIIPreliminary Fiscal Projections as of 8/1/2019

Cash Balance 6/30/18 173,433,415

FY19 RevenuesTaxes 775,000Interest 5,510,762

Total Revenues 6,285,762

FY19 ExpendituresTotal Expenditures (4,698,963)

Cash Balance 6/30/19 175,020,214

Outstanding Commitments 7/1/19Active Appropriations (131,507,026)Expenditures Paid 10,770,863

Total Commitments 7/1/19 (120,736,163)

Total Uncommitted Balance 7/1/19 54,284,051

FY20 Anticipated RevenuesTaxes 775,000Interest 2,200,000






Subtotal Anticipated Revenues 8,925,000

Balance Available for Appropriation 63,209,051

2020 Project Hearing Tour Summary - December 11-13, 2019

Date/Time/Location Hearing Site Sponsor Project/Project Manager #Present Comments

WED. DEC. 11

9:00 AM

GUERNSEY

Guernsey City Hall

81 W. Whalen St.

Guernsey, WY

Town of Guernsey, WY Guernsey Transmission

Pipeline 2020

Bill Brewer

2

WWDO:

Clerkin*

WWDC:

None

No Comments

WED. DEC. 11

12:00 PM

NEWCASTLE

Newcastle City Hall

10 W. Warwick St.

Newcastle, WY

City of Newcastle, WY Newcastle Water System

Improvement 2020

Sol Brich

1

WWDO:

Clerkin*

WWDC:

None

No Comments

WED. DEC. 11

2:15 PM

GILLETTE

Gillette City Hall

City Council Chambers

201 E. 5th St.

Gillette, WY

City of Gillette, WY Gillette Reg Ext Phase V

2020

Bryan Clerkin

1

WWDO:

Clerkin*

WWDC:

None

No Comments

THURS. DEC. 12

8:00 AM

SHERIDAN

Sheridan City Hall

3rd Floor

55 E. Grinnell Plaza

Sheridan, WY

City of Sheridan, WY Sheridan Area Water Supply

Transmission 2020

Keith Clarey

8

WWDO:

Clerkin*

WWDC:

None

1 individual spoke in support of

the project.

THURS. DEC. 12

11:30 AM

GLENROCK

Glenrock Town Hall

219 S. 3rd St.

Glenrock, WY

Town of Glenrock, WY Glenrock Transmission

Pipeline 2020

Bill Brewer

2

WWDO:

Clerkin*

WWDC:

None

No Comments.

WED. DEC. 11

8:31 – 8:36 AM

LANDER

Lander City Hall

240 Lincoln St.

Lander, WY

Enterprise Watershed

Improvement District

Enterprise WID

Canal Lining 2020

Sol Brich

5

WWDO:

Lawrence*

WWDC:

None

2 individuals spoke in support of

the project. 1 email comment was

received after the hearing in support

of the project (see attached).

WED. DEC. 11

11:15 – 11:21 AM

FARSON

Eden Valley Community

Center

4039 Hwy 191 N

Farson, WY

Eden Valley Irrigation &

Drainage District

Eden Valley I&DD

Farson Lateral 2020

Keenan Hendon/

Bryan Clerkin

3

WWDO:

Lawrence*

WWDC:

None

No Comments.

WED. DEC. 11

4:00 – 4:05 PM

AFTON

Afton Town Hall

Town Council Room

416 S. Washington St.

Afton, WY

Cottonwood Irrigation

District

Cottonwood ID Transmission

Pipeline 2020

Sol Brich

7

WWDO:

Lawrence*

WWDC:

None


the project.

WED. DEC. 11

4:19 – 4:24 PM

AFTON

Afton Town Hall

Town Council Room

416 S. Washington St.

Afton, WY

Dry Creek Irrigation District Dry Creek ID Transmission

Pipeline Replacement 2020

Sol Brich

6

WWDO:

Lawrence*

WWDC:

None


the project.

FRI. DEC. 13

10:00 – 10:06 AM

CHEYENNE

Wyoming Water

Development Office

6920 Yellowtail Road

Cheyenne, WY

City of Cheyenne

Board of Public Utilities

Cheyenne Transmission,

Pump Station & Tank 2020

Jodie Pavlica

3

WWDO:

Lawrence*

WWDC:

None

No Comments.

WED. DEC. 11

3:15 – 3:23 PM

COWLEY

Cowley Town Hall

20 S. Division St.

Cowley, WY

Deaver Irrigation District Deaver ID Frannie Canal

Drop Chute #1 2020

Jason Fernandez

3

WWDO:

Mead*

WWDC:

None


the project.

WED. DEC. 11

3:30 – 3:34 PM

COWLEY

Cowley Town Hall

20 S. Division St.

Cowley, WY

Sidon Irrigation District Sidon ID Sidon Canal 2020

Jason Fernandez

4

WWDO:

Mead*

WWDC:

None

No Comments.

WED. DEC. 11

5:31 – 5:35 PM

CODY

Park Co. Courthouse

EOC Room – Basement

1002 Sheridan Ave.

Cody, WY

Northwest Rural Water

District

Northwest Rural Water

System Improvements 2020

Wade Verplancke

3

WWDO:

Mead*

WWDC:

None

No Comments.

THURS. DEC. 12

8:31 – 8:34 AM

BASIN

Big Horn Rural Electric Co.

415 South St.

Basin, WY

Big Horn Regional Joint

Powers Board

Big Horn Regional

Transmission 2020

Jason Fernandez

2

WWDO:

Mead*

WWDC:

None

1 individual spoke in support of the

project.

THURS. DEC. 12

10:02 – 10:05 AM

WORLAND

Washakie Co. Library

1019 Coburn Ave

Worland, WY

Big Horn Canal Irrigation

District

Big Horn Canal ID

Wasteway/Check

Replacement 2020

Jason Fernandez

1

WWDO:

Mead*

WWDC:

None

No Comments.

THURS. DEC. 12

4:33 – 4:36 PM

BAGGS

Valley Community Center

255 W. Osborne St.

Baggs, WY

Savery-Little Snake River

Water Conservancy District

Savery-Little Snake River

WCD Savery Creek Diversion

2020

Bill Brewer

3

WWDO:

Mead*

WWDC:

None

No Comments.

* Hearing Officer

Enterprise WID request comment Inbox x

Doug Thompson <[email protected]>

Dec 11, 2019, 5:05 PM

to me

WWDC and Mr. Lawrence, Due to a medical situation in my family and some confusion over the starting and ending time of today's hearing, I was not able to attend the public hearing in Lander today. However I was informed that you would receive written comment. So please accept these comments as part of the record in support of the grant/loan application. The proposed project has a number of benefits to the community of Lander, the water users on the Enterprise system, and the land and water resources. It has been clearly documented in level 1 and 2 studies, as well as the ongoing Healthy Rivers Initiative, that there is a 50% water conveyance loss in the area of the proposed project. The envisioned pipeline will eliminate most if not all of the significant loss in this area. The project area has been lined twice in the past, but the lining in this very rocky, steep area does not last long. This Fall two large holes appeared in the ditch and there was concern that this portion of the ditch, which traverses the side of a rocky cliff, might give way. If it had failed, the potential repair would have caused much environmental damage and repair would be very expensive. The ditch was temporarily relined with material but the flow had to be reduced and finally shut down, needing a more permanent fix. Because of the large conveyance loss, we are forced to draw down our reservoir Frye Lake late in the season to meet our users demands. This negatively affects several things. The Lander municipal water supply is secondary to our right, so in tight water years the City may have to start municipal water restrictions sooner. Also, the flow of the Po Po Agie river through Lander is reduced and compounds the potential of Ecoli problems in Lander. Further, drawing down Frye Lake in late season affects the recreational values as this is near Lander and used for fishing, camping, and boating. It is not only the direct conveyance loss, but our system is a trans-basin diversion. The return flow goes into the Little Po Po Agie and comes in below Lander. So besides the direct diversion loss, the water that does return to the larger system misses Lander. One final benefit is the potential of additional funding. Because of the Healthy Rivers Initiative, this area (Lander) and our system is the focus and priority of supplemental funding. The Conservation District has already been given a grant for this project and 2 other entities are waiting to see if our WWDC application is successful. Additional funding will be critical to accomplishing this project. Thank you for your consideration of these comments and your approval of our application. Douglas L Thompson Enterprise System water user

Wyoming Water Development Commission/Select Water Committee Joint Workshop Minutes

November 13, 2019 Page 1

Wyoming Water Development Commission/Select Water Committee Joint Workshop

Union/University Building (UU) Rm 322, Casper, WY November 13, 2019

1. Chairman Larry Suchor called the workshop to order at 1:30pm.

2. Roll Call

Commission attendance: Select Water Attendance: Larry Suchor, Chairman Senator Larry Hicks Kellen Lancaster, Vice-Chairman Senator Ogden Driskill Mike Purcell, Secretary Senator Liisa Anselmi-Dalton Gerald Geis Senator Glenn Moniz Bill Yankee Senator Wyatt Agar

Rodney Wagner Rep. Dan Laursen Mark Kot Rep. Stan Blake Ron Kailey Rep. Jerry Paxton Sheridan Little Rep. John Eklund Clinton Glick – Absent Rep. Evan Simpson

3. Audience Introduction

Director Gebhart introduced himself and provided a brief background of himself and his family.

4. Financial Status Report Director Gebhart reviewed the preliminary fiscal projections for Water Development Accounts I, II, III provided to the Commission and Committee. He pointed out an increase in non-project related costs has resulted in a lesser balance in Account I than was reported in August 2019.

5. Funding Applications – Preliminary Review Director Gebhart briefly reviewed a number of the projects, specifically:

• Tab C – Cloud Seeding: Medicine Bow, Sierra Madre, & Laramie Mountain Ranges 2021

• Tab D – Cloud Seeding: Wind River Mountain Range 2021 • Tab K – Sundance Tank 2020 • Tab NN – Dry Creek Irrigation District Transmission Pipeline Replacement

2020 • Tab OO – Eden Valley Irrigation & Drainage District Farson Lateral 2020 • Tab WW – Sponsor’s Contingency Fund - Rehabilitation

Wyoming Water Development Commission/Select Water Committee Joint Workshop Minutes

November 13, 2019 Page 2

• Tab SS – Savery-Little Snake River WCD Savery Creek Diversion 2020 • Tab EE – Sheridan Municipal Watershed Wildfire Hazard Mitigation

Assessment, LI, PhII • Tab AAA – LaPrele Irrigation District Rehabilitation, LII, PhII

Jason Mead gave an update on the Goshen Irrigation District Tunnel Collapse which occurred during the Summer of 2019. Future funding options were discussed. No application for funding was received from the Goshen Irrigation District.

6. Financial Disclosure Forms – WWDC Only The Commissioners are required to complete a current Financial Disclosure form each year for the Secretary of State’s Office.

7. River Basin Planning Presentation Jodee Pring and Mabel Jones presented information about National GIS Day to the Commission and Committee. They outlined the direction River Basin Planning is taking, current and future projects, and the critical role GIS plays in the future of the program and agency.

The workshop adjourned at 4:25pm Respectfully submitted,

Mike Purcell, Secretary

‘C2’ WWDC Executive Session Minutes

(Confidential)

To be provided at meeting

Wyoming Water Development Commission/Select Water Committee Joint Meeting Minutes

November 14-15, 2019 Page 1

Wyoming Water Development Commission/Select Water Committee Joint Meeting

Union/University Building (UU) Rm 322, Casper, WY November 14-15, 2019

1. Chairman Larry Suchor called the meeting to order at 8:30am.

2. Roll Call

Commission attendance: Select Water Attendance: Larry Suchor, Chairman Senator Larry Hicks Kellen Lancaster, Vice-Chairman Rep. Dan Laursen Mike Purcell, Secretary Senator Liisa Anselmi-Dalton Gerald Geis Senator Glenn Moniz

Clinton Glick Senator Ogden Driskill Rodney Wagner Senator Dan Dockstader

Ron Kailey Rep. Stan Blake Mark Kot Rep. John Eklund Bill Yankee Sheridan Little


4. Approval of Minutes Gerry Geis made a motion to approve the October 4, 2019 WWDC Meeting minutes. Sheridan Little seconded the motion; motion carried unanimously.

5. Planning Amendments

• Alkali Creek Reservoir Project Third-Party NEPA Contractor Services, Amendment No. 1 An interim amendment to the engineering contract with SWCA, Incorporated was presented. The amendment serves to extend the term of the Contract from June 30, 2020 through December 31, 2021. The Contract amount is not changed by this Amendment. Sheridan Little made a motion to approve the Alkali Creek Reservoir Project Third-Party NEPA Contractor Services, Amendment No. 1. Gerry Geis seconded the motion; motion carried unanimously.

• LaPrele Irrigation District Rehabilitation, Level II, Amendment No. 1



Director Gebhart declared a conflict of interest. Jason Mead presented the Amendment. An interim amendment to the engineering contract with Re/Spec Inc., was presented by Jason Mead. The amendment serves to: a) replace Attachment “A” with a new Attachment “A” and b) change the responsibilities of the Consultant. The Contract amount is not changed by this amendment. Mike Purcell made a motion to approve the LaPrele Irrigation District Rehabilitation, Level II, Amendment No. 1. Bill Yankee seconded the motion; motion carried unanimously.

• Leavitt Reservoir Expansion Project Third-Party NEPA Contractor Service, Amendment No. 1 An interim amendment to the engineering contract with AECOM Technical Services, Inc., was presented. The amendment serves to extend the term of the Contract from December 31, 2019 through December 31, 2021. The Contract amount is not changed by this Amendment. Gerry Geis made a motion to approve the Leavitt Reservoir Expansion Project Third-Party NEPA Contractor Services, Amendment No. 1. Sheridan Little seconded the motion; motion carried unanimously. Sheridan Municipal Watershed Wildfire Hazard Mitigation Assessment, Level I, Amendment No. 1

Director Gebhart declared a conflict of interest. Jodee Pring presented the Amendment. An interim amendment to the engineering contract with Anchor Point Group, LLC., was presented by Jodee Pring. The amendment serves to extend the term of the Contract from December 31, 2019 through June 30, 2020. The Contract amount is not changed by this Amendment. Sheridan Little made a motion to approve the Sheridan Municipal Watershed Wildfire Hazard Mitigation Assessment, Level I, Amendment No. 1. Gerry Geis seconded the motion; motion carried unanimously.

6. Closeout of Planning Projects • Big Laramie River Oasis Ditch Diversion Rehabilitation Study, Level II

Chace Tavelli, Project Manager, provided a brief summary of project findings.



Discussion followed concerning an issue with the Smith family property. The issue is being resolved. Mike Purcell moved acceptance of the Big Laramie River Oasis Ditch Diversion Rehabilitation, Level II report as being complete and further, the WWDC makes the following findings relative to this project:

That the Commission recommend: 1. Proceeding to Level III of project development upon the submittal of an appropriate funding application from the sponsor. 2. Based on the findings in the final report, the project is determined to be in the public interest. 3. The project functions and services cannot realistically be provided by any person, association or corporation engaged in private enterprise.

Gerry Geis seconded the motion; motion carried unanimously.

• Hanover Irrigation District Bighorn Flume Replacement Study, Level II Jodee Pring, Project Manager, provided a brief summary of project findings. Gerry Geis moved acceptance of the Hanover Irrigation District Bighorn Flume Replacement Study, Level II project report as being complete and further, the WWDC makes the following findings relative to this project:

That the Commission recommend: 1. Proceeding to the next Level of project development upon the submittal of an appropriate funding application by the sponsor.

Sheridan Little seconded the motion; motion carried unanimously.

7. Small Water Project Program Amendment

• Churches Small Water Project, Amendment No. 1 An interim amendment to the agreement with the Laramie Rivers Conservation District was presented. The Amendment serves to extend the term of the Agreement from December 31, 2019 through December 31, 2020. Mike Purcell made a motion to approve the Churches Small Water Project, Amendment No. 1. Gerry Geis seconded the motion; motion carried unanimously.

8. Groundwater Grant Recommendation and Contract Kevin Boyce, Groundwater Grant Project Manager, provided information regarding the Melody Ranch Improvement and Service District Test Well and Pump Tests recommendation and contract. The proposed budget is $184,125.00. The contract amount is for an amount equal to seventy-five (75%) maximum of total original



invoices provided for the services described in Attachment A of the Contract. Total payment under the Contract shall not exceed one hundred eighty-four thousand, one hundred twenty-five dollars (184,125.00). Sheridan Little made a motion to approve the Contract for the Melody Ranch Improvement & Service District Test Well and Pump Tests. Kellen Lancaster seconded the motion; motion carried unanimously. In similar action, the Select Water Committee voted to approve the Contract for the Melody Ranch Improvement & Service District Test Well and Pump Tests.

9. USGS/WWDC – Joint funding agreement for Stream Stats, Phases III & IV Jodee Pring presented the joint funding agreement between the USGS and the WWDC Phases III and IV of the Stream Stats. The WWDC portion of the agreement is $630,880.00. The USGS will contribute $420,600.00 through in-kind services. Gerry Geis made a motion to approve the joint funding agreement. Bill Yankee seconded the motion; motion carried unanimously. In similar action, the Select Water Committee voted to approve the joint funding agreement.

10. 2020 Funding Recommendations – New Development

New Development Program – Account I

Level III Projects – Account I Director Gebhart declared a conflict of interest on 2 projects. Jason Mead will present those projects accordingly. • Big Horn Regional Transmission 2020

The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $4,361,700.00. The remaining funding of $2,148,300.00 will be provided by the sponsor, the Big Horn Regional Joint Powers Board (BHRJPB), potentially utilizing USDA/RD funding.

• Cheyenne Transmission, Pump Station & Tank 2020

Director Gebhart declared a conflict of interest; Jason Mead presented:



The recommendation was to approve funding as a 67% grant only, in the amount of $8,281,200.00. The remaining funding of $4,078,800.00 will be provided by the sponsor, the City of Cheyenne, potentially utilizing DWSRF funds.

• Cloud Seeding in the Medicine Bow, Sierra Madre and Laramie Mountain Ranges 2020-2021 The Director’s recommendation was to approve funding in the amount of $705,000.00 for winter snowpack augmentation. Funds are requested for airborne cloud seeding operations targeting the Medicine Bow, Sierra Madre and Laramie Mountain Ranges, located in southeast Wyoming within the North Platte River Basin, and Little Snake River Basin for the 2020-2021 winter season.

• Cloud Seeding in the Wind River Mountain Ranges 2020-2021 The Director’s recommendation was to approve funding in the amount of $200,000.00 for winter snowpack augmentation. Funds are being requested for the continuation of cloud seeding operations in the Wind River Range for the 2020-2021 winter season.

• Gillette Regional Extensions – Phase V 2020 The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $3,088,700.00. The remaining funding of $1,521,300.00 will be provided by the sponsor, the City of Gillette with support of the Campbell County Commission, through the Campbell County Capital Facilities Tax.

• Glenrock Transmission Pipeline 2020

The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $958,100.00. The remaining funding of $471,900.00 will be provided by the sponsor, the Town of Glenrock, potentially utilizing SLIB MRG funds.

• Guernsey Transmission Pipeline 2020 The Director’s recommendation was to provide funding as a 67% grant only, in the amount of $2,063,600.00. The remaining funding of $1,016,400.00 will be provided by the sponsor, the Town of Guernsey, from a specific purpose tax in Platte County.

• Newcastle Water System Improvements 2020 The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $113,900.00. The remaining funding of $56,100.00 will be provided by the sponsor, the City of Newcastle.



• Northwest Rural Water System Improvements 2020 The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $676,700.00. The remaining funding of $333,300.00 will be provided by the sponsor, the Northwest Rural Water District, potentially utilizing DWSRF funds.

• Sheridan Area Water Supply Transmission 2020 The Director’s recommendation was to approve funding as a 67% grant only, in the amount of $3,102,100.00. The remaining funding of $1,527,900.00 will be provided by the sponsor, the Sheridan Area Water Supply Joint Powers Board (SAWS JPB), through a requested grant under the AML Public Infrastructure Program.

• Sundance Tank 2020 The Director’s recommendation was to not approve funding in the amount of $150,750.00 for the City of Sundance to pay for a de-obligation of FEMA loan funds related to the Sundance Storage Tank (2012). Discussion followed. The Select Water Committee proposed providing the funding through the Omnibus Water Bill – Construction during the 2020 Legislative session. Mike Purcell made a motion to approve the Director’s funding recommendations for the above noted Level III, New Development Projects. Kellen Lancaster seconded the motion; motion carried unanimously.

Level III Project Amendments – Account I • Arapahoe Pipeline and Tank

Director Gebhart declared a conflict of interest. Jason Mead presented the project. The Director’s recommendation was to approve the three-year time extension to allow the Northern Arapaho Tribe time to secure the additional USDA-RD funding they’ve been granted. This extends the reversion date from July 1, 2020 to July 1, 2023.

• Casper Zone II 2015 The Director’s recommendation was to approve the one-year time extension to allow the City of Casper to continue the work on an additional 12-inch PVC pipeline on the western side of Casper. The project was held up for over two years as the City negotiated project easements. This extends the reversion date from July 1, 2020 to July 1, 2021.



• Gillette Madison Pipeline The Director’s recommendation was to approve the two-year time extension to allow the City of Gillette to complete two outstanding construction projects, delayed due to the WYDEQ’s Madison Well investigations. This extends the reversion date from July 1, 2020 to July 1, 2022.

• Green River-Rock Springs-Sweetwater County Raw Water Reservoir

The Director’s recommendation was to approve the two-year time extension to allow the GR/RS/SC JPWB to continue progress on the raw water reservoir. The reservoir had several issues upon initial filling in 2016. The sponsor is in the process of hiring a new engineering design team to develop bid plans and specifications to remediate the issues with the reservoir.

• Lander Storage Tanks and Pump Station 2019

Director Gebhart declared a conflict of interest. Jason Mead presented the project. The recommendation was to approve additional funding in the amount of $3,423,700.00 as a 67% grant to construct a new 4MG Ellis storage tank, hospital pump station relocation/replacement, transmission line/PRV bypass at the Mager Tank site, and a rodeo-site PRV.

• Laramie North Side Tank The Director’s recommendation was to approve the two-year time extension to allow the City of Laramie to continue with project design and construction. The project delays are due to easement negotiations. This extends the reversion date from July 1, 2020 to July 1, 2022.

• Lower Nowood Rural Water Supply The Director’s recommendation was to approve the two-year time extension to allow the Lower Nowood I&SD time to complete the design and construction of the project following delays from the BLM easement approval process. This extends the reversion date from July 1, 2020 to July 1, 2022.

• Riverton Water Supply The Director’s recommendation was to approve additional funding in the amount of $737,000.00 as a 67% grant to continue work after delays in easement negotiations. A one-year time extension is also recommended. This extends the reversion date from July 1, 2020 to July 1, 2021.



• Small Water Project Program – New Development The Director’s recommendation was to approve additional funding in the amount of $1,000,000.00 to meet project application demands. Sheridan Little made a motion to approve the Director’s Level III, New Development Amendments. Rod Wagner seconded the motion; motion carried unanimously.

Level II Projects – Account I • Happy Valley Water Supply

The Director’s recommendation was to provide $59,000.00 for a study to evaluate the current condition of their water system and provide the tools and guidance necessary to assist in the planning, rehabilitation, upgrading, and managing of their system.

• Skyline Improvement & Service District Water Supply The Director’s recommendation was to provide $93,000.00 for a study to evaluate the current condition of their water system and provide the tools and guidance necessary to assist in the planning, rehabilitation, upgrading, and managing of their system.

• South End Water Users Improvement & Service District Transmission The Director’s recommendation was to provide funding in the amount of $142,000.00 for a study to explore extending existing lines to provide water to those who are hauling water. The study will also consider minimizing and eliminating dead end lines to reduce water loss and avoid water quality issues. Kellen Lancaster declared a conflict of interest on the Happy Valley Water Supply Project. Sheridan Little made a motion to approve the Director’s Level II, New Development Project recommendations for the Skyline I&SD Water Supply and the South End Water Users I&SD Transmission projects. Gerry Geis seconded the motion; motion carried unanimously. Sheridan Little made a motion to approve the Director’s recommendations on the Happy Valley Water Supply Project. Gerry Geis seconded the motion; motion carried, with one conflict.

Level I Projects – Account I



• Bridger Valley Regional Master Plan The Director’s recommendation was to provide funding in the amount of $100,000.00 for the Bridger Valley Joint Powers Board to evaluate the current condition of their water system and provide the tools and guidance necessary to assist in the planning, rehabilitation, upgrading, and managing of their system. The plan would also provide reconnaissance-level information regarding costs and scheduling. This Level I study would need to include Fort Bridger, Lyman, Mountain View, and Urie, which are currently served by the JPB water system.

• Cody Water Master Plan The Director’s recommendation was to provide funding in the amount of $205,000.00 for the City of Cody to analyze both the drinking and raw water systems, update hydraulic models and mapping, determine future growth and water needs, and develop a schedule for system upgrades and the corresponding rate structure necessary to accommodate those upgrades.

• LaGrange Water Master Plan The Director’s recommendation was to provide funding in the amount of $114,000.00 for the Town of LaGrange to identify the components of their existing system which are deficient and to provide a schedule for improvements.

• Lower Shoshone Watershed Study The Director’s recommendation was to provide funding in the amount of $231,000.00 for the Shoshone Conservation District to evaluate current watershed processes and to develop water projects on the ground.

• Pavillion Water Master Plan The Director’s recommendation was to provide funding in the amount of $135,000.00 for the Town of Pavillion to identify the components of the existing system that are deficient and to provide a schedule for improvements. It will also identify system needs and develop a plan to accommodate future growth.

• Pinedale Water Master Plan The Director’s recommendation was to provide funding in the amount of $172,000.00 for the Town of Pinedale to evaluate their water system, update hydraulic models and mapping, determine future growth and water needs, identify options for water treatment, identify an alternate source of water to meet EPA requirements, and evaluate water rates to accommodate the findings of the plan.



• Sheridan Municipal Watershed Wildfire Hazard Mitigation Assessment, Phase II Director Gebhart declared a conflict of interest. Jason Mead presented the project. The recommendation was to provide funding in the amount of $120,000.00 for the Sheridan Area Water Supply Joint Powers Board to complete a full Hazard Mitigation Assessment for the Tongue River Watershed upstream of Ranchester. This will include the towns of Dayton and Ranchester. The analysis will be used to identify areas that present a risk to water quality and will also be used to prioritize mitigation needs. This Phase II to the existing study would include 1) updating the existing fire model to include planned and future forest management projects, 2) conducting the postfire hydrologic assessment, and 3) writing the wildfire hazard mitigation plan including the priority matrix of critical areas for the Tongue River Watershed.

• Shoshoni Water Master Plan The Director’s recommendation was to provide funding in the amount of $157,000.00 for the Town of Shoshoni to identify components of the existing system that are deficient and to provide a schedule for improvements. It will also identify system needs and develop a plan to accommodate future growth. Clinton Glick made a motion to approve the Director’s Level I, New Development project recommendations. Rod Wagner seconded the motion; motion carried unanimously.

General – Account I • UW Office of Water Programs

The Director’s recommendation was to approve funding in the amount of $175,000.00 to fund the Office of Water Programs for the upcoming biennium (July 1, 2002 to June 30, 2022).

• UW Water Research Program The Director’s recommendation was to approve funding, an amount yet to be determined, for projects recommended by the WRP Advisory Committee. The recommended amount of funding will be presented at the January meeting during draft bill consideration. Bill Yankee made a motion to approve the Director’s recommendations for the two General, Account I projects. The funding amount of the UW Water Research



Program will be determined in January. Ron Kailey seconded the motion; motion carried unanimously.

11. Dams and Reservoirs Program – Account III Level III Projects – Amendments • Alkali Creek Reservoir

The Director’s recommendation was to approve additional funding in the amount of $24,000.000.00 as a 100% grant. Due to design changes resulting from the final geotechnical investigation, as well as refinement of project components and unit prices, the Engineer’s opinion of probable construction cost has increased. Therefore, it is recommended the project appropriation be increased. Discussion followed.

• Leavitt Reservoir Expansion The Director’s recommendation was to approve additional funding in the amount of $5,000,000.00 as a 100% grant. Due to design changes resulting from the final geotechnical investigation, as well as refinement of project components and unit prices, the Engineer’s opinion of probable construction cost has increased. Therefore, it is recommended the project appropriation be increased. Discussion followed.

• Sheridan Supplemental Storage The Director’s recommendation was to approve the five-year time extension to allow the Sheridan Area Water Supply Joint Powers Board and the City of Sheridan to secure the targeted volume of storage and would appreciate having a five-year time extension before any remaining balance of the appropriation reverted. The appropriation will remain in Water Development Account III and accrue interest earnings on investments made by the State Treasurer’s Office. Mike Purcell made a motion to approve the Director’s recommendations for the Level III, Amendments. Bill Yankee seconded the motion; motion carried unanimously. Meeting adjourned for the day at 2:52 pm.



FRIDAY NOVEMBER 15, 2019 – WWDC/SWC Joint Meeting, continued Chairman Larry Suchor called the workshop to order at 8:30am.

Commission attendance: Select Water Attendance: Larry Suchor, Chairman Senator Larry Hicks Kellen Lancaster, Vice-Chairman Rep. Dan Laursen Mike Purcell, Secretary Senator Ogden Driskill Gerald Geis Senator Glenn Moniz

Clinton Glick Senator Liisa Anselmi-Dalton Rodney Wagner Rep. John Eklund

Mark Kot Rep. Stan Blake Bill Yankee Sheridan Little Ron Kailey – Absent

Audience Introductions At 8:32 am Gerry Geis made a motion to enter into executive session to receive legal advice. Sheridan Little seconded the motion; motion carried unanimously. At 8:54 am Gerry Geis made a motion to return to regular session. Kellen Lancaster seconded the motion; motion carried unanimously.

12. Rehabilitation Program – Account II

Level III Projects – Account II The agenda was modified to move the Transfer or Funds from Buffalo Bill Reservoir Account to the first item of business. • Transfer of Funds from the Buffalo Bill Reservoir Account

The Director’s recommendation was to transfer excess funds in the amount of $7,000,000.00 from the Buffalo Bill Dam Account to Water Development Account II. On August 16, 2019, the WWDC formally approved a request to the legislature to redirect the $7,000,000.00 from WDA I to WDA II to mitigate the funding shortfall for rehabilitation projects. Kellen Lancaster made a motion to approve the Transfer of Funds from the Buffalo Bill Reservoir Account to WDA II with the Legislature’s approval. Gerry Geis seconded the motion; motion carried unanimously.



• Big Horn Canal Irrigation District Wasteway/Check Replacement 2020 The Director’s recommendation was to provide funding as a 67% grant in the amount of $1,112,200 and 33% loan in the amount of $547,800.00, 30-year term, at 4% interest.

• Cottonwood Irrigation District Transmission Pipeline 2020 The Director’s recommendation was to provide funding as a 67% grant in the amount of $1,031,800.00 and a 33% loan in the amount of $508,200.00, a 40-year term, at 4% interest.

• Deaver Irrigation District Frannie Canal Drop Chute #1 2020

The Director’s recommendation was to provide funding in the amount of $166,200.00 as a 100%, materials only grant. The sponsor share is all costs excluding materials in the amount of $133,410.00.

• Dry Creek Irrigation District Transmission Pipeline Replacement 2020 The Director’s recommendation was to not provide funding due to lack of available funds in WDA II. The request was for a 67% grant in the amount of $897,800.00 and a 33% loan in the amount of $442,200.00 for a 20-year term at 4% interest. This is one of two projects identified for funding if excess Buffalo Bill reservoir funds are transferred to Account II.

• Eden Valley Irrigation & Drainage District Farson Lateral 2020 The Director’s recommendation was to not provide funding due to lack of available funds in WDA II. The request was for a 60% grant in the amount of $2,262,000.00 and the remaining 40% funding would be from the USBOR Salinity Control Funds in the amount of $1,508,000.00. This is the second of two projects identified for funding if excess Buffalo Bill reservoir funds are transferred to Account II.

• Enterprise Watershed Improvement District Canal Lining 2020 The Director’s recommendation was to provide funding as a 67% grant in the amount of $408,700.00 and a 33% loan in the amount of $201,300.00 for a 50-year term at 4% interest.

• Kirby Ditch Irrigation District Pipeline 2020 The Director’s recommendation was to provide funding as a 67% grant in the amount of $1,547,700.00 and a 33% loan in the amount of $762,300.00 with a 30-year term at 4% interest.



• Laramie Valley Diversion Structure 2020 The Director’s recommendation was to provide funding as a 67% grant in the amount of $770,500.00 and a 33% loan in the amount of $379,500.00 with a 20-year term at 4% interest.

• Savery-Little Snake River WCD Savery Creek Diversion 2020 The Director’s recommendation was to not provide funding as a 67% grant in the amount of $301,500.00. The Sponsor would be responsible for $148,500.00, paid for through NRCS contracts. The recommendation to not fund was based on the question of exchange of adequate consideration of public benefit for the use of funds on private lands. Discussion followed. Gerry Geis made a motion to table until January 2020. Mike Purcell seconded the motion. Motion failed with Sheridan Little, Clinton Glick, Gerry Geis and Kellen Lancaster in favor of tabling. Rod Wagner, Bill Yankee, Mark Kot, Mike Purcell and Larry Suchor opposed to tabling.

• Sidon Irrigation District Sidon Canal 2020 The Director’s recommendation was to provide funding as a 100%, materials only grant in the amount of $1,060,000.00. The sponsor is responsible for all costs excluding materials in the amount of $693,857.00.

Mike Purcell made a motion to approve the Director’s Level III, Account II recommendations with the exception of the Savery-Little Snake River WCD Savery Creek Diversion 2020. The motion was amended to also set aside the Enterprise Watershed Improvement District Canal Lining 2020 for conflict of interest by Bill Yankee and Dry Creek Irrigation District Frannie Canal Drop Chute #1 2020 for conflict of interest by Kellen Lancaster. Sheridan Little seconded the motion; motion carried unanimously. Sheridan Little made a motion to approve the Director’s recommendations for the Enterprise Watershed Improvement District Canal Lining 2020. Rod Wagner seconded the motion; motion carried with Bill Yankee recused. Sheridan Little made a motion to approve the Director’s recommendations for the Dry Creek Irrigation District Transmission Pipeline Replacement 2020. Mike Purcell seconded the motion; motion carried with Kellen Lancaster recused. Bill Yankee made a motion to reject the Director’s do not fund recommendation on the Savery-Little Snake River WCD Savery Creek Diversion 2020 and to fund



and approve the project. Mark Kot seconded the motion. Discussion followed. Motion carried with Gerry Geis opposed.

Level III Projects – Amendments - Account III: • Wheatland Irrigation District Tunnel Dam Rehabilitation 2019

The Director’s recommendation was to provide increased funding in the amount of $5,150,000.00 as a 67% grant in the amount of $3,450,500.00 and a 33% grant in the amount of $1,699,500.00 with a 50-year term at 4% interest. The Wheatland Irrigation District received Level III design only funding from the 2019 Wyoming Legislature. The District is nearing completion of the 90% project design and is requesting construction funding in order to bid the project in Spring 2020.

• Small Water Project Program – Rehabilitation

The Director’s recommendation was to provide additional funding in the amount of $500,000.00 to meet project application demands.

• Sponsor’s Contingency Fund – Rehabilitation The Director’s recommendation was to provide additional funding in the amount of $1,000,000.00 to meet anticipated increased use of this fund due to anticipated higher bids in the construction sector. Discussion followed; Senator Hicks suggested creating a contingency fund for Account III as well. Gerry Geis made a motion to approve the Director’s recommendation for the Level III Projects – Amendments, Account II. Kellen Lancaster seconded the motion. Motion carried unanimously.

Level II Projects – Account II • Highland Hanover Irrigation District Pump Station

The Director’s recommendation was to provide funding in the amount of $75,000.00 for the Highland Hanover Irrigation District to proceed with an engineering study to assess the most effective way to rehabilitate Pump Station #2 on the Highland Hanover irrigation system.

• LaPrele Irrigation District Rehabilitation, Phase II Director Gebhart declared a conflict of interest. Jason Mead presented the project.



The recommendation was to approve funding, an amount yet to be determined, but will be presented at the January meeting during draft bill consideration. The appropriation would increase the project budget to allow the consultant to be able to complete the rockfall hazard analysis and mitigation plan.

Level I Projects – Account II • Owl Creek Irrigation District Lucerne Master Plan

The Director’s recommendation was to provide funding in the amount of $170,000.00 for the Owl Creek Irrigation District to address recommendations identified in the 2017 Owl Creek Watershed Level I Study for the Lucerne area of the District. The system’s failing infrastructure creates high operation and maintenance costs which must be passed on to shareholders. Clinton Glick made a motion to approve the Director’s recommendations for the Level I, Account II project. Mike Purcell amended the motion to include the Level II Projects Highland Hanover Irrigation District Pump Station and the LaPrele Irrigation District Rehabilitation. Gerry Geis seconded the motion; motion carried unanimously.

13. Director’s Comments

No comments provided.

14. Future Meeting Schedule January 8-9, 2020 – Cheyenne, WY for WWDC to discuss final funding recommendations and draft bills for the 2020 Legislative session. January 10, 2020 – Cheyenne, WY for SWC to discuss final funding recommendations and draft bills for the 2020 Legislative session.

15. Adjourn Sheridan Little made a motion to adjourn at 11:46 am, Gerry Geis seconded the motion.

Respectfully submitted, Mike Purcell, Secretary

of 2

The Planning Project listed below is complete and scheduled for closeout. This memo serves to summarize

the findings of the final report and to document the final contract amount.

PROJECT: Osage Water Master Plan

LEVEL: I

SPONSOR: Osage Water District

LOCATION: Osage, Wyoming

PROGRAM: New Development

PROJECT MGR: Keith Clarey

WWDC MTG DATE: January 9, 2020

AUTHORIZING LEGISLATION:

Purpose Chapter Session Account Appropriation Due Date

Level I 94 2018 I $190,000 2021

CURRENT CONTRACT:

Consultant

Jorgensen Associates, P.C.

Original Final Contract

Contract Contract Savings Expiration

Contract Number Executed Amount Amount Amount Date

05SC0297505 6-22-18 $180,460 $178,617.30 $1,842.70 6-30-20

PROJECT DESCRIPTION:

In August 2017, the Osage Water District requested a WWDC water master plan. This 2018-2019 Level I

study investigated the existing water system, mapped system components with GIS, used a hydraulic model

to evaluate the system, identified components which are deficient, prepared conceptual designs, and

provided a schedule for improvements. The study evaluated the condition of the system and provided

assistance in the planning, rehabilitation, upgrading, and managing of their system. The study provided

reconnaissance-level information regarding costs and scheduling options.

PROJECT FINDINGS/RECOMMENDATIONS:

The following findings and recommendations were identified for the Osage Water District water system

during the Level I study:

• The current sole water source, Madison Aquifer Well No. 4, requires installation of a chlorine gas

detector and alarm.

• Existing Madison Aquifer Well No. 3 is recommended to be developed as a redundant source and

permanent connection to the water system (currently not connected).

• An alternative groundwater supply is to construct and develop a new Madison aquifer well.

• The storage tank needs a new epoxy coating.

• Old cast iron distribution pipelines need to be replaced, new isolation valves installed, and

distribution looping is recommended.

• The old SCADA system needs to be replaced with a new system.

FINAL PROJECT CLOSEOUT MEMO FOR LEVEL I AND II PLANNING PROJECTS WYOMING WATER DEVELOPMENT OFFICE

PLANNING DIVISION

of 2

• The system water meters need updating, replacement, and improvement.

• Aging fire hydrants need to be replaced.

The following cost estimates were included in the 2019 Osage Level I Executive Summary:

Alternative #1 Upgrade Existing Distribution Piping. cost $935,000

Alternative #2 Well No. 3 as Approved Redundant Source, cost $335,000 (#2A, cost $335,000;

#2B, cost $564,000; #2C, cost $617,000)

Alternative #3 Epoxy Coat the Existing Tank, cost $95,000

Alternative #4 Upgrade Meter System, cost $815,000

Alternative #5 Upgrade the SCADA System / Controls, cost $88,000

Alternative #6 New Madison Well, cost $1,465,000 (connect well to system, cost $240,000)

Alternative #7 Well No. 4 Chlorine Gas Detector and Alarm, cost $6,500

PUBLIC REPORT PRESENTATION HEARING: N

Date Location City/Town

4-15-19 Kitty Moats Complex, 551 Metz Street Osage

FINAL REPORT/EXECUTIVE SUMMARIES ONLINE:

Final Report:

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-

Final_Report-2019.html Executive Summary:

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-

Executive_Summary-2019.html

WWDO RECOMMENDATION:

The Osage Water District has not applied for additional WWDC funding at this time, but they intend to

apply sometime in the future for the selected alternatives. The WWDO recommends proceeding to the next

Level of project development upon submittal of an appropriate funding application by the Sponsor.

WWDC PROPOSED MOTION:

I move acceptance of the Osage Water Master Plan, Level I Study project report as being complete and

further, the WWDC makes the following findings relative to this project:

1. That the Commission recommend:

• Proceeding to the next Level of project development upon the submittal of an appropriate

funding application by the Sponsor.

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-Final_Report-2019.html

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-Final_Report-2019.html

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-Executive_Summary-2019.html

http://library.wrds.uwyo.edu/wwdcrept/Osage/Osage-Water_Master_Plan_Level_I_Study-Executive_Summary-2019.html

MEMO To: Brandon Gebhart, P.E., WWDO Director

From: Bryan Clerkin, Project Manager Subject: Pineview Tank and Booster Pump 2017 Project Date: December 18, 2019 Project Appropriation: The Pineview Tank and Booster Pump 2017 Project is a Level III project authorized in 2017 Wyoming Session Laws, Chapter 75, the project sponsor is the Pineview Improvement & Service District. The 2017 Wyoming Legislature appropriated a 67% grant to the District in the amount of $368,500.00. The Sponsor’s matching share for the project is being provided through a DWSRF loan, Campbell County District Support Grant and Sponsor funding. Project Description: The Pineview Improvement & Service District is located approximately 10 miles north of the City of Gillette off of HWY 14/16 in Campbell County. The District is currently served by a well and pressure tanks. The 2017 appropriation includes construction of a 35,000-gallon storage tank, control building with pumps and motors and yard piping. Project Request: The Pineview Improvement & Service District is requesting Wyoming Water Development Account I Contingency Funds to cover unanticipated construction costs. On December 5, 2019, the Pineview Improvement & Service District opened four bids on the project. The bids ranged from a low of $785,947.78 to a high of $891,520.00. The low bid was submitted by JR Civil, LLC, Sheridan, WY. JR Civil’s construction bid exceeded the project budget by approximately $318,000. The Sponsor is requesting $195,000 from Wyoming Water Development Account I Contingency Funds to cover the WWDC eligible construction costs. The District is requesting the remaining funds from a DWSRF loan. Summarized below is the existing, changes and revised budget. Existing Changes Revised Budget WWDC Grant1 $ 368,500 $ 195,000 $ 563,500 DWSRF Loan $ 261,160 $ 123,313 $ 384,473 Campbell County Grant $ 50,000 $ 0 $ 50,000 District Funds $ 10,000 $ 0 $ $10,000 Total $ 689,660 $ 318,313 $ 1,007,973 1 Not to exceed 67% of WWDC project eligible costs.

Matthew H. Mead Governor

Commissioners Gerald E. Geis Sheridan Little Clinton W. Glick Mike Purcell Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner Kellen K. Lancaster Bill Yankee

Brandon L. Gebhart, P.E. Director

WYOMING WATER DEVELOPMENT OFFICE

6920 Yellowtail Road Cheyenne, WY 82002

Phone: (307) 777-7626

wwdc.state.wy.us

The WWDO staff recommends that the Wyoming Water Development Commission authorize the use of $195,000 from the Water Development Account I Sponsor’s Contingency Fund for the Pineview Tank and Booster Pump 2017 Project.

RAO121819

Amendment One To Project Agreement

Between Wyoming Water Development Commission & Pineview Improvement and Service District

Pineview Tank And Booster Pump 2017 Project

Page 1 of 3

AMENDMENT ONE TO PROJECT AGREEMENT

PINEVIEW TANK AND BOOSTER PUMP 2017 PROJECT

1. Parties. This Amendment is made and entered into by and between the State of

Wyoming, acting by and through the WYOMING WATER DEVELOPMENT

COMMISSION [COMMISSION], whose address is: 6920 Yellowtail Road,

Cheyenne, WY 82002 and PINEVIEW IMPROVEMENT AND SERVICE

DISTRICT, Campbell County, Wyoming, a duly organized improvement and

service district existing under the laws of that state [SPONSOR], whose address is:

P.O. Box 3827, Gillette, WY 82717.

2. Purpose of Amendment. This Amendment shall constitute the first amendment

to the Project Agreement between the COMMISSION and the SPONSOR. The

purpose of this Amendment is to supplement the PROJECT with funding from the

Sponsor’s Contingency Fund.

The original Project Agreement, dated September 25, 2017, was to implement the

provisions of 2017 Wyo. Sess. Laws, Ch. 75, authorizing the design and

construction of a water storage tank and pumping facilities.

3. Term of the Amendment. This Amendment shall commence upon the date the

last required signature is affixed hereto [Effective Date], and shall remain in full

force and effect through the term of this Project Agreement, as amended, unless

terminated at an earlier date pursuant to the provisions of the Project Agreement,

or pursuant to federal or state statute, rule or regulation.

4. Amendments.

A. PROJECT Loan and Grant. The PROJECT funding as set forth in Section

4.A. of the original Project Agreement is hereby amended to read as

follows:

4.A. The STATE OF WYOMING has appropriated from the Water

Development Account created by Wyo. Stat. § 41-2-124 (a)(i), to the

COMMISSION, a sum not to exceed FIVE HUNDRED SIXTY-THREE

THOUSAND FIVE HUNDRED DOLLARS ($563,500.00) which will be

disbursed to the SPONSOR for the purpose of completing the

aforementioned PROJECT. The funds are divided as follows:

(1) A grant to the SPONSOR of not more than THREE

HUNDRED SIXTY- EIGHT THOUSAND FIVE

HUNDRED DOLLARS ($368,500.00) or sixty-seven

percent (67%) of the actual development costs, whichever is

less until it is entirely disbursed, followed by:

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Page 2 of 3

(2) A grant to the SPONSOR of not more than ONE HUNDRED

NINETY-FIVE THOUSAND DOLLARS ($195,000.00) or

sixty-seven percent (67%) of the additional funds needed to

complete the PROJECT, whichever is less.

5. Special Provisions.

A. Same Terms and Conditions. With the exception of items explicitly

delineated in this Amendment, all terms and conditions of the original

Project Agreement between the COMMISSION and the SPONSOR,

including but not limited to sovereign immunity, shall remain unchanged

and in full force and effect.

B. Counterparts. This Amendment may be executed in counterparts. Each

counterpart, when executed and delivered, shall be deemed an original and

all counterparts together shall constitute one and the same Amendment.

Delivery by the SPONSOR of an originally signed counterpart of this

Amendment by facsimile or PDF shall be followed up immediately by

delivery of the originally signed counterpart to the COMMISSION.

6. General Provisions.

A. Entirety of Agreement. The original Project Agreement, consisting of

eight (8) pages; this Amendment One, consisting of three (3) pages,

represent the entire and integrated agreement between the parties and

supersede all prior and contemporaneous negotiations, representations and

agreements, whether written or oral.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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Page 3 of 3

7. Signatures. The parties to this Amendment, through their duly authorized

representatives, have executed this Amendment on the dates set out below, and

certify that they have read, understood, and agreed to the terms and conditions of

this Amendment.

WYOMING WATER DEVELOPMENT COMMISSION

______________________________________________ _______________

Laurence Suchor, Chairman Date

______________________________________________ _______________

Michael K. Purcell, Secretary Date

PINEVIEW IMPROVEMENT AND SERVICE DISTRICT

______________________________________________ _______________

David Collins, President Date

ATTEST:

______________________________________________

Nancy Bock, Board Secretary

ATTORNEY GENERAL'S OFFICE: APPROVAL AS TO FORM

______________________________________________ ________________

Tyler M. Renner, Assistant Attorney General Date

USBR 2019-01 $550,000

TASK ORDER NO. 2019-01 BUREAU OF RECLAMATION

STATE OF WYOMING

This Task Order is hereby attached to and made part of Technical Services Agreement No. 15-WC-40-559 (Agreement), between the UNITED STATES DEPARTMENT OF THE INTERIOR, BUREAU OF RECLAMATION (Reclamation) and the STATE OF WYOMING (State) for Technical and Risk Analysis Services. The purpose of this Task Order is for Risk Analysis services provided by Reclamation to evaluate dam safety risks for drawing Fontenelle reservoir down below the riprap elevation in case of extreme on-going drought. Fontenelle Reservoir is infrastructure associated with the Seedskadee Project. ARTICLE 1. SCOPE OF SERVICES PHASE 1 – RISK ASSESSMENT: In accordance with the provisions of the Agreement, Reclamation, with assistance from its Technical Services Center, agrees to perform an evaluation of dam safety risks for drawing down the Fontenelle reservoir below the riprap elevation in case of extreme on-going drought. The evaluation will include but is not limited to:

1.1 Project Management: Including the development of an overall project plan, technical coordination, budget/schedule tracking, and client communication.

1.2 Reviewing Existing Data and Analysis: Including compiling and reviewing all available data which are likely to reside mostly in the dam safety central files and DsDams.

1.3 Risk Analysis: The risk analysis will be performed to assess the change in risk from the reoperation scenario of a lower pool elevation during a drought.

1.4 Dam Safety Advisory Team (DSAT): A Decision Document and Technical Report of Findings (DD/TROF) will be prepared to summarize the baseline risk estimates and the new risk estimates resulting from re-operation of the reservoir. The findings will be reviewed by a DSAT

PHASE 2 – DESIGN: In accordance with the provisions of the Agreement, Reclamation, with assistance from its Technical Services Center, agrees to perform designs required to mitigate safety risks for drawing down Fontenelle reservoir below the riprap elevation in case of extreme on-going drought. If the Risk Analysis determines that drawing down Fontenelle Reservoir below the riprap elevation in the case of an extreme, on-going, drought is risk-neutral, the Phase 2 – Design Task will not be implemented. If required, the evaluation will include but is not limited to:

2.1 Project Management: Develop and implement a project design plan, oversee technical coordination, budget/schedule tracking, and client communication.

2.2 Design Data Collection: Compile and review all available data from the State of Wyoming’s Feasibility Study and that residing in the dam safety central files and DsDams database.

2.3 Design: Complete a comprehensive design for the construction of riprap along the upstream face of Fontenelle dam. Final product will include drawings issued for construction and ready for bid.

2.4 Constructability Review: Quality control review of the design to ensure that it is feasible, practical, and complete.

2.5 Risk Verification Analysis: Plan review by the TSC Risk Assessment team to ensure that the design mitigates any risks that were identified during the Risk Analysis which require the placement of riprap during a drawdown scenario.

2.6 TSC Reviews: Plan reviews by the Denver Technical Service Center engineering team to ensure that design meets all of Reclamation’s policies, standards, and specifications.

ARTICLE 2. COMPENSATION Compensation by the State to Reclamation will be as follows: BUDGET A budget amount of $550,000 has been negotiated by the State and Reclamation for all work under this Task Order from February 1, 2020, through October 31, 2022. Reclamation will make diligent efforts to complete the work contemplated within the budget. Reclamation is not obligated to incur costs beyond the budget, as it may be adjusted, nor is the State obligated to pay Reclamation beyond these limits without modifications to this Task Order or additional task orders being agreed to. DIRECT EXPENSES Direct expenses are those costs incurred on or directly for the project including, but not limited to, necessary transportation costs, including current rates for Reclamation vehicles; meals and lodging; auto rental; computer services; word processing services; telephone and communication charges; printing, binding, and reproduction charges; all costs associated with outside services and facilities; and other similar costs. Reimbursement for direct expenses will be on the basis of actual charges when furnished by commercial sources and on the basis of current rates when furnished by Reclamation. Task Order Costs (Risk Analysis)

Phase 1 Risk Analysis

1.1 Project Management $ 15,000

1.2 Reviewing Existing Data and Analysis $ 50,000

1.3 Risk Analysis $ 55,000

1.4 Dam Safety Advisory Team (DSAT): $ 20,000

Risk Analysis Total $140,000

Task Order Costs (Riprap Design)

Phase 2 Riprap Design

2.1 Project Management $ 53,000

2.2 Design Data Collection $ 14,000

2.3 Design $243,000

2.4 Constructability Review $ 24,000

2.5 Risk Verification Analysis $ 60,000

2.6 TSC Reviews: $ 16,000

Risk Analysis Total $410,000

Total Estimated Cost $550,000

ARTICLE 3. NOTICE TO PROCEED Reclamation understands that the State will issue Notices to Proceed for this Task Order and each subsequent task. Reclamation will not proceed with any work unless the State has issued a Notice to Proceed. OTHER PROVISIONS The following provisions shall apply to this Task Order: The work covered in this Task Order is limited to the services outlined in Article 1. The Agreement is intended to permit the State through the Secretary of the Interior, to enter into task orders with Reclamation if the State determines that such task orders are the most effective way of completing the project. There is no assurance that Reclamation will be tasked for any additional work. Separate notices to proceed will be required for any expansion of the work beyond this Task Order. The scope of services and compensation for subsequent phases will be developed in future task order(s) to the Agreement if Reclamation work is expanded into subsequent phases, prior to the commitment of work, as detailed in the Agreement. Either party may terminate this Task Order, as provided for in the Agreement. PRIVILEGED AND CONFIDENTIAL INFORMATION Reclamation acknowledges that in performing the services related to this Task Order they may have access to privileged and confidential material(s) of the State. Reclamation agrees to respect the privilege and confidentiality of said information and to not disclose information of this nature without the express prior written consent of the State. ACCESS TO RECORDS Reclamation will maintain accounting records and make them available to the State as per the Agreement. EQUAL OPPORTUNITY Reclamation will comply with all federal and state employment laws, as set forth in the Agreement. WORKING FILES Reclamation will maintain files containing all work documentation including calculations, assumptions, interpretations or regulations, sources of information, and other raw data required in the performance of this Task Order. Reclamation will provide copies of the information contained in its working files to the State upon request of the State. CHANGES The Parties may make changes, revisions or additions, (collectively hereinafter called “changes”) in this Task Order by mutual agreement. Reclamation will immediately, upon knowledge of any changes (including actions, inactions, and written or oral communications) that do not conform to the authorized method of directing changes specified herein, notify the State of such changes and will request written disposition.

Reclamation will not proceed with any changes unless notified to proceed by the State. The State may reduce subsequent work efforts and monies in this Task Order upon thirty (30) days’ notice from the Project Manager, in accordance with the provisions of the Agreement. AUDIT Reclamation agrees that at any time before, or after, final payment, the State may have Reclamation’s, subconsultant’s, or suppliers’ invoices and statements of cost audited. Any payment may be reduced by amounts found by the State not to constitute allowable costs as defined by Part 31 – Contract Cost Principles and Procedures of the Code of Federal Regulations (CFR) – Title 48 – Federal Acquisition Regulations. IN WITNESS WHEREOF, the parties execute this Task Order (2019-01) this _____day of ___________ 2020.

STATE OF WYOMING U.S. DEPARTMENT OF THE INTERIOR BUREAU OF RECLAMTION

By: ___________________________ By: ______________________________ Laurance Suchor Kent Kofford Chairman Acting Area Manager Wyoming Water Development Commission

By: ___________________________ Michael K. Purcell Secretary Wyoming Water Development Commission

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Interagency Agreement between Wyoming Game and Fish Commission and

Wyoming Water Development Commission Page 1 of 5

INTERAGENCY AGREEMENT BETWEEN WYOMING GAME AND FISH COMMISSION

AND WYOMING WATER DEVELOPMENT COMMISSION

1. Parties. The parties to this Interagency Agreement (Agreement) are the Wyoming Game

and Fish Commission (WGFC), whose address is: 5400 Bishop Boulevard, Cheyenne, Wyoming, 82006, and the Wyoming Water Development Commission (WWDC), whose address is: 6920 Yellowtail Road, Cheyenne, Wyoming, 82002.

2. Purpose of Agreement. The purpose of this Agreement is to set forth the terms and

conditions under which the WGFC shall provide funds to the WWDC to use for the Upper Wind River Instream Flows 2019 Level I study as well as the responsibilities of the WWDC and WGFC.

3. Term of Agreement. This Agreement is effective when all parties have executed it

(Effective Date). The term of this Agreement is from the Effective Date through June 30, 2022. All services shall be completed during this term. There is no right or expectation of extension and any extension will be determined at the discretion of the WGFC.

4. Payment.

A. The WGFC (Funding Agency) agrees to pay the WWDC (Receiving Agency) for the services described in Section 5 below. The WGFC agrees to pay the WWDC within twenty (20) days after the WGFC receives and approves an invoice from the WWDC. Invoices submitted to the WWDC as part of the Upper Wind River Instream Flow 2019, Level I study will be forwarded to the WGFC after the WWDC receives and approves the invoice from Biota Research & Consulting, Inc (Consultant).

B. In no event shall the total amount paid to the WWDC by the WGFC under this

Agreement exceed sixty-four thousand and four hundred dollars ($64,400). No payment shall be made for services performed prior to the Effective Date.

5. Responsibilities of WWDC. The WWDC agrees to:

A. Conduct and manage the Upper Wind River Instream Flows 2019, Level I study. B. Receive invoices from Biota Research & Consulting, Inc. for services related to the

Upper Wind River Instream Flows 2019, Level I study. C. Following review and approval of each invoice, the WWDC will submit said invoice

to the WGFC. D. After receipt of payment from the WGFC, the WWDC will pay Biota Research &

Consulting, Inc.

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6. Responsibilities of WGFC. The WGFC agrees to:

A. Pay the WWDC in accordance with Section 4 above.


A. Amendments. Any changes, modifications, revisions or amendments to this Agreement which are mutually agreed upon by the parties to this Agreement shall be incorporated by written instrument, executed by all parties to this Agreement.

B. Applicable Law, Rules of Construction, and Venue. The construction,

interpretation and enforcement of this Agreement shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer to this Agreement as a whole and not to any particular provision or part. The Courts of the State of Wyoming shall have jurisdiction over this Agreement and the parties. The venue shall be the First Judicial District, Laramie County, Wyoming.

C. Availability of Funds. Each payment obligation under this Agreement is conditioned

upon the availability of government funds which are appropriated or allocated for the payment of this obligation and which may be limited for any reason including, but not limited to, congressional, legislative, gubernatorial, or administrative action. If funds are not allocated and available for payment, this Agreement may be terminated by the Funding Agency at the end of the period for which funds are available. The Funding Agency shall notify the Receiving Agency at the earliest possible time if this Agreement will or may be affected by a shortage of funds. No liability shall accrue to the Funding Agency in the event this provision is exercised, and the Funding Agency shall not be obligated or liable for any future payments as a result of termination under this section.

D. Entirety of Agreement. This Agreement, consisting of five (5) pages represents

the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, and agreements, whether written or oral.

E. Force Majeure. Neither party shall be liable for failure to perform under this

Agreement if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays.

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F. Indemnification. Each party to this Agreement shall assume the risk of any liability arising from its own conduct. Neither party agrees to insure, defend, or indemnify the other.

G. Notices. All notices arising out of, or from the provisions of this Agreement shall be

in writing and given to the parties at the addresses provided under this Agreement, either by regular mail or delivery in person.

H. Prior Approval. This Agreement shall not be binding upon either party, no services

shall be performed, and the Wyoming State Auditor shall not draw warrants for payment, until this Agreement has been fully executed, approved as to form by the Office of the Attorney General, filed with and approved by the Department of Administration and Information’s Procurement Office and approved by the Governor of the State of Wyoming or his designee if required by Wyo. Stat. § 9-2-1016(b)(iv).

I. Severability. Should any portion of this Agreement be judicially determined to be

illegal or unenforceable, the remainder of the Agreement shall continue in full force and effect, and the parties may renegotiate the terms affected by the severance.

J. Sovereign Immunity. Pursuant to Wyo. Stat. § 1-39-104(a), the State of

Wyoming, the WGFC and the WWDC expressly reserve sovereign or governmental immunity by entering into this Agreement and specifically retain immunity and all defenses available to them. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Agreement shall not be strictly construed, either against or for either party, except that any ambiguity as to immunity shall be construed in favor of immunity.

K. Termination of Agreement. This Agreement may be terminated, without cause,

by either party upon thirty (30) days written notice. This Agreement may be terminated immediately for cause if either party fails to perform in accordance with the terms of this Agreement.

L. Third-Party Beneficiary Rights. The parties do not intend to create in any other

individual or entity the status of third-party beneficiary, and this Agreement shall not be construed so as to create such status. The rights, duties and obligations contained in this Agreement shall operate only between the parties to this Agreement, and shall inure solely to the benefit of the parties to this Agreement. The provisions of this Agreement are intended only to assist the parties in determining and performing their obligations under this Agreement.

M. Time is of the Essence. Time is of the essence in all provisions of the Agreement. N. Titles Not Controlling. Titles of paragraphs are for reference only, and shall not be

used to construe the language in this Agreement.

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O. Waiver. The waiver of any breach of any term or condition in this Agreement shall not be deemed a waiver of any prior or subsequent breach. Failure to object to a breach shall not constitute a waiver.

P. Counterparts. This Agreement may be executed in counterparts. Each counterpart,

when executed and delivered, shall be deemed an original and all counterparts together shall constitute one and the same Agreement.

THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK.

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9. Signatures. By signing this Agreement, the parties certify that they have read and understood it, that they agree to be bound by the terms of the Agreement, and that they have the authority to sign it.

The Effective Date of this Agreement is the date of the signature last affixed to this page. WYOMING GAME AND FISH COMMISSION John Kennedy, Deputy Director Date Wyoming Game and Fish Department Meredith Wood, Chief Fiscal Officer Date Wyoming Game and Fish Department WYOMING WATER DEVELOPMENT COMMISSION _____________________________________________________________ ____________ Laurance Suchor, Chairman Date _____________________________________________________________ ____________ Michael K. Purcell, Secretary Date ATTORNEY GENERAL’S OFFICE: APPROVAL AS TO FORM Margaret A. Schwartz, Assistant Attorney General Date Representing the Wyoming Game and Fish Commission Tyler M. Renner, Assistant Attorney General Date Representing the Wyoming Water Development Commission

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Upper Wind River Instream Flows 2019, Level I Study

Between WWDC and Biota Research and Consulting, Inc. Page 1 of 14

UPPER WIND RIVER INSTREAM FLOWS 2019, LEVEL I STUDY CONSULTANT CONTRACT FOR SERVICES NO. _________

1. Parties. The parties to this Contract are the Wyoming Water Development Commission

[Commission], 6920 Yellowtail Road, Cheyenne, Wyoming 82002 and Biota Research and Consulting, Inc. [Consultant], P.O. Box 8578, Jackson, WY, 83002-8578.

2. Purpose of Contract. The purpose of this Contract is for the Commission to retain the

services of the Consultant to render certain technical or professional services hereinafter described in connection with an undertaking to be financed by the Commission, and administered by the Wyoming Water Development Office [Office] through its Director or his designee.

3. Term of Contract. This Contract is effective when all parties have executed it (Effective

Date). The term of the Contract is from the Effective Date through June 30, 2022. All services shall be completed during this term.

This Contract may be extended by agreement of both parties in writing and subject to the required approvals. There is no right or expectation of extension and any extension will be determined at the discretion of the Commission.

4. Payment.

A. Reimbursement of Expenses. The Commission agrees to pay the Consultant an amount based on the approved hourly rate and reimbursable expenses price schedules depicted in Attachment B, attached to this Contract and incorporated by reference as part of this Contract, for the services described in Attachment A, attached to this Contract and incorporated by reference as part of this Contract. Total payment under this Contract shall not exceed sixty-four thousand four hundred dollars ($64,400).

B. Project Budget. The project budget for each task included in Attachment A is as

follows:

Task Estimated Cost

1. Meetings $ 2,362 2. Maps $ 2,128 3. Water Rights Inventory $ 4,477 4. Flow, Diversion, Storage, and Other Data $ 6,826 5. Hydrology Analysis $ 5,064 6. Flow Measurements $19,663 7. Unappropriated Flow Analysis $ 4,183

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8. Storage Analysis $ 3,890 9. Daily Flow Exceedance Analysis $ 3,890

10. Draft Report $ 4,477 11. Report Presentation $ 3,790 12. Final Report and Deliverables $ 3,650

TOTAL PROJECT COST $64,400

The amounts for each task are estimates only, but are not to be exceeded unless authorized in writing by the Commission. The Contract total amount is controlling. Payment shall be made directly to the Consultant. The Consultant shall maintain hourly records of time worked by its personnel to support any audits the state or the Commission may require. Billing reports shall be submitted no more often than monthly for activities and costs accrued since the last billing report and shall be made on forms approved in advance by the Office project manager. A brief project progress report summarizing project activities in the billing period must be submitted with each billing.

C. Billing Procedures. The Consultant shall submit billing reports as the services are

performed for the various tasks outlined in Attachment A. The Office shall initiate the payment process within forty-five (45) days after submission of a verified statement of services pursuant to Wyo. Stat. § 16-6-602.

D. Money Withheld. No payment shall be made for work performed before the

Effective Date of this Contract. Should the Contractor fail to perform in a manner consistent with the terms and conditions set forth in this Contract, payment under this Contract may be withheld until such time as the Contractor performs its duties and responsibilities to the satisfaction of Agency.

E. Final Payment. The final payment shall be made upon acceptance of the final report and receipt of the final billing.

5. Responsibilities of Consultant.

A. Scope of Services. The Consultant shall perform the specific services required under this Contract in a satisfactory and proper manner as outlined in Attachment A.

B. Personnel. All of the services required hereunder will be performed by the Consultant or under its supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized, licensed, or permitted under state law to perform such services, if state law requires such authorization, license, or permit.

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C. Subcontracts.

(i) Approval Required for Subcontracts. Any subcontractors and outside associates or consultants required by the Consultant in connection with the services, work performed or rendered under this Contract will be limited to such individuals or firms as were specifically identified in the proposal and agreed to during negotiations or are specifically authorized by the Commission during the performance of this Contract. The Consultant shall submit a list of the proposed subcontractors, associates or consultants; the scope and extent of each subcontract; and the dollar amount of each subcontract prior to Contract execution to the Commission for approval. During the performance of the Contract, substitutions in or additions to such subcontracts, associates, or consultants will be subject to the prior approval of the Commission. The Commission approval of subcontractors will not relieve the Consultant from any responsibilities outlined in this Contract. The Consultant shall be responsible for the actions of the subcontractors, associates, and subconsultants.

(ii) Billings for Subcontractors. Billings for subcontractor, associates or

subconsultants services will not include any mark up. The subcontract costs will be billed to the Commission at the actual costs as billed to the Consultant. Subcontract costs will be documented by attaching subcontractor billings to the Consultant's billing submittals. Subcontractors will utilize billing forms provided by the Office, or alternate forms if approved in advance by the Office project manager.

(iii) Copies of Subcontracts. The Consultant shall provide to the Commission

copies of each subcontractor contract immediately following execution with the subcontractor. All subcontracts between the Consultant and a subcontractor shall refer to and conform to the terms of this Contract. However, nothing in this Contract shall be construed as making the Commission a party of any subcontract entered between the Consultant and a subcontractor.

D. Requests from the Commission. The Consultant shall be responsible and responsive to the Commission and the Office in their requests and requirements related to the scope of this Contract.

E. Presentation of Data. The Consultant shall select and analyze all data in a

systematic and meaningful manner so as to contribute directly in meeting the objectives of the project, and shall present this information clearly and concisely, in a professional and workmanlike manner.

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F. Draft of Final Report. The Consultant shall provide to the Commission in Cheyenne, Wyoming, a draft of the final report covering all work elements of the project including maps, charts, conclusions and recommendations prior to the publication of any final report and no later than the date specified in Attachment A. The Commission will respond promptly with written comments to the Consultant. The Consultant will address the comments of the Commission in the final report.

G. Project Completion Report. A final project completion report in the form

described in Attachment A shall be submitted to the Commission by the date specified in Attachment A.

H. Reports, Maps, Plans, Models and Documents. One (1) copy of maps, plans,

worksheets, logs, field notes or other documents prepared under this Contract, and one (1) copy of each unpublished report prepared under this Contract shall be submitted to the Commission. If the Consultant writes or uses a computer program or spreadsheet as a part of this project, the Consultant shall submit to the Commission for approval all proposed program names and data formats prior to beginning work on that task. All data shall be submitted to Commission in written and digital forms with the final report. Digital media shall be labeled by the Consultant to provide sufficient detail to access the information on the media. All user manuals shall be submitted by the Consultant to Commission providing complete documentation of computer programs developed under this Contract. The user manual shall also specify the source code language and the type of computer equipment necessary to operate the program(s). Any programs or computer software generated as a part of this Contract shall be the sole property of the Commission.

6. Responsibilities of the Commission.

A. Designated Representative. The Director of the Office shall act as the Commission's representative with respect to the Consultant’s service to be performed under this Contract and shall have complete authority to transmit instructions, receive information, and interpret the Commission's policies and decisions with respect to services covered by this Contract.

B. Data to be Furnished to the Consultant. All information, data, reports, and maps as are available to the Commission and necessary for the carrying out of the Scope of Services set forth herein shall be furnished to the Consultant without charge and the Office shall cooperate with the Consultant in every way possible in the carrying out of the project.

C. Review Reports. The Office shall examine all studies, reports, sketches, opinions of the construction costs, and other documents presented by the Consultant to the

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Commission and shall promptly render in writing the Commission’s decisions pertaining thereto within the time periods specified in Attachment A.

D. Provide Criteria. The Office shall provide all criteria and full information

regarding its requirements for the project.

7. Special Provisions. A. No Finder's Fees. No finder's fee, employment agency fee, or other such fee

related to the procurement of this Contract, shall be paid by either party. B. Publicity. Any publicity given to the projects, programs or services provided

herein, including, but not limited to, notices, information, pamphlets, press releases, research, reports, signs, and similar public notices in whatever form, prepared by or for the Consultant, shall identify the Commission as the sponsoring agency and shall not be released without prior written approval from the Commission.

C. Monitoring Activities. The Commission shall have the right to monitor all activities related to this Contract that are performed by Consultant or its subcontractors. This shall include, but not be limited to, the right to make site inspections at any time and with reasonable notice; to bring experts and consultants on site to examine or evaluate completed work or work in progress; to examine the books, ledgers, documents, papers, and records pertinent to this Contract; and to observe all Consultant personnel in every phase of performance of Contract related work.

D. Kickbacks. The Consultant certifies and warrants that no gratuities, kickbacks, or contingency fees were paid in connection with this Contract, nor were any fees, commissions, gifts, or other considerations made contingent upon the award of this Contract. If the Consultant breaches or violates this warranty, the Commission may, at its discretion, terminate this Contract without liability to the Commission, or deduct from the Contract price or consideration, or otherwise recover, the full amount of any commission, percentage, brokerage, or contingency fee.


A. Amendments. Any changes, modifications, revisions, or amendments to this

Contract which are mutually agreed upon by the parties to this Contract shall be incorporated by written instrument, executed by all parties to this Contract.

B. Applicable Law, Rules of Construction, and Venue. The construction, interpretation, and enforcement of this Contract shall be governed by the laws of the State of Wyoming, without regard to conflicts of law principles. The terms “hereof,” “hereunder,” “herein,” and words of similar import, are intended to refer

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to this Contract as a whole and not to any particular provision or part. The Courts of the State of Wyoming shall have jurisdiction over this Contract and the parties. The venue shall be the First Judicial District, Laramie County, Wyoming.

C. Assignment Prohibited and Contract Shall Not be Used as Collateral. Neither party shall assign or otherwise transfer any of the rights or delegate any of the duties set out in this Contract without the prior written consent of the other party. The Consultant shall not use this Contract, or any portion thereof, for collateral for any financial obligation, without the prior written permission of the Commission.

D. Audit and Access to Records. The Commission and its representatives shall have access to any books, documents, papers, electronic data, and records of the Consultant which are pertinent to this Contract. The Consultant shall immediately, upon receiving written instruction from the Commission, provide to any independent auditor or accountant all books, documents, papers, electronic data, and records of the Consultant which are pertinent to this Contract. The Consultant shall cooperate fully with any such independent auditor or accountant during the entire course of any audit authorized by the Commission.

E. Availability of Funds. Each payment obligation of the Commission is conditioned upon the availability of government funds which are appropriated or allocated for the payment of this obligation and which may be limited for any reason including, but not limited to, congressional, legislative, gubernatorial, or administrative action. If funds are not allocated and available for continued performance of the Contract, the Contract may be terminated by the Commission at the end of the period for which the funds are available. The Commission shall notify the Consultant at the earliest possible time of the services which will or may be affected by a shortage of funds. No penalty shall accrue to the Commission in the event this provision is exercised, and the Commission shall not be obligated or liable for any future payments due or for any damages as a result of termination under this section.

F. Award of Related Contracts. (i) The Commission may award supplemental or successor contracts for work

related to this Contract or may award contracts to other contractors for work related to this Contract. The Consultant shall cooperate fully with other contractors and the Commission in all such cases.

(ii) The Commission, at its sole discretion and through duly authorized contract

amendments, may request the Consultant to complete additional phases beyond the scope of services included in this Contract.

G. Certificate of Good Standing. The Consultant shall provide to the Commission a

Certificate of Good Standing from the Wyoming Secretary of State, or other proof

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that Consultant is authorized to conduct business in the State of Wyoming, if required, before performing work under this Contract. Consultant shall ensure that all annual filings and corporate taxes due and owing to the Secretary of State’s office are up-to-date before signing this Contract.

H. Compliance with Laws. The Consultant shall keep informed of and comply with all applicable federal, state, and local laws and regulations in the performance of this Contract.

I. Confidentiality of Information. All documents, data compilations, reports, computer programs, photographs, data, and other work provided to or produced by the Consultant in the performance of this Contract shall be kept confidential by the Consultant unless written permission is granted by the Commission for its release. If and when Consultant receives a request for information subject to this Contract, Consultant shall notify Commission within ten (10) days of such request and shall not release such information to a third party unless directed to do so by Commission.

J. Conflicts of Interest (i) Consultant shall not engage in providing consultation or representation of

clients, agencies or firms which may constitute a conflict of interest which results in a disadvantage to the Commission or a disclosure which would adversely affect the interests of the Commission. Consultant shall notify the Commission of any potential or actual conflicts of interest arising during the course of the Consultant’s performance under this Contract. This Contract may be terminated in the event a conflict of interest arises. Termination of the Contract will be subject to a mutual settlement of accounts. In the event the contract is terminated under this provision, the Consultant shall take steps to ensure that the file, evidence, evaluation and data are provided to the Commission or its designee. This does not prohibit or affect the Consultant’s ability to engage in consultations, evaluations or representation under agreement with other agencies, firms, facilities, or attorneys so long as no conflict exists.

(ii) A conflict of interest warranting termination of this Contract may include,

but is not necessarily limited to, acting on behalf of a client in an adversarial proceeding against the State of Wyoming, its agencies, boards, commissions, or the University of Wyoming, or initiating suits in equity including injunctions, declaratory judgments, writs of prohibition, or quo warranto.

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K. Entirety of Contract. This Contract, consisting of fourteen (14) pages, Attachment A, consisting of seventeen (17) pages, and Attachment B, consisting of two (2) pages, represent the entire and integrated Contract between the parties and supersede all prior negotiations, representations, and agreements, whether written or oral. In the event of a conflict or inconsistency between the language of this Contract and the language of any attachment or document incorporated by reference, the language of this Contract shall control.

L. Ethics. Consultant shall keep informed of and comply with the Wyoming Ethics

and Disclosure Act (Wyo. Stat. § 9-13-101, et seq.), and any and all ethical standards governing Consultant’s profession.

M. Force Majeure. Neither party shall be liable for failure to perform under this Contract if such failure to perform arises out of causes beyond the control and without the fault or negligence of the nonperforming party. Such causes may include, but are not limited to, acts of God or the public enemy, fires, floods, epidemics, quarantine restrictions, freight embargoes, and unusually severe weather. This provision shall become effective only if the party failing to perform immediately notifies the other party of the extent and nature of the problem, limits delay in performance to that required by the event, and takes all reasonable steps to minimize delays.

N. Indemnification. The Consultant shall release, indemnify, and hold harmless the State, the Commission, and their officers, agents, and employees from any and all claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of Consultant’s failure to perform any of Consultant’s duties and obligations hereunder or in connection with the negligent performance of Consultant’s duties or obligations, including, but not limited to, any claims, suits, liabilities, court awards, damages, costs, attorneys’ fees, and expenses arising out of Consultant’s negligence or other tortious conduct.

O. Independent Contractor. The Consultant shall function as an independent

contractor for the purposes of this Contract and shall not be considered an employee of the State of Wyoming for any purpose. Consistent with the express terms of this Contract, the Consultant shall be free from control or direction over the details of the performance of services under this Contract. The Consultant shall assume sole responsibility for any debts or liabilities that may be incurred by the Consultant in fulfilling the terms of this Contract and shall be solely responsible for the payment of all federal, state, and local taxes which may accrue because of this Contract. Nothing in this Contract shall be interpreted as authorizing the Consultant or its agents or employees to act as an agent or representative for or on behalf of the State of Wyoming or the Commission or to incur any obligation of any kind on behalf of the State of Wyoming or the Commission. The Consultant agrees that no health or hospitalization benefits, workers’ compensation, unemployment insurance, or

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similar benefits available to State of Wyoming employees will inure to the benefit of the Consultant or the Consultant’s agents or employees as a result of this Contract.

P. Notices. All notices arising out of, or from, the provisions of this Contract shall be in writing either by regular mail, e-mail, or delivery in person at the addresses provided under this Contract. Notice provided by e-mail shall be delivered as follows:

Office: Chace Tavelli, [email protected], 307-777-7626. Consultant: Ryan Colyer, [email protected], 307-733-4216.

Q. Notice of Sale or Transfer. The Consultant shall provide the Commission with notice of any sale, transfer, merger, or consolidation of the assets of the Consultant. Such notice shall be provided in accordance with the notices provision of this Contract and, when possible and lawful, in advance of the transaction. If the Commission determines that the sale, transfer, merger, or consolidation is not consistent with the continued satisfactory performance of the Consultant’s obligations under this Contract, then the Commission may, at its discretion, terminate or renegotiate the Contract.

R. Ownership and Return of Documents and Information. The Commission is the official custodian and owns all documents, data compilations, reports, computer programs, photographs, data, and other work provided to or produced by the Consultant in the performance of this Contract. Upon termination of services, for any reason, Consultant agrees to return all such original and derivative information and documents to the Commission in a useable format. In the case of electronic transmission, such transmission shall be secured. The return of information by any other means shall be by a parcel service that utilizes tracking numbers. Upon Commission’s verified receipt of such information, Consultant agrees to physically and electronically destroy any residual Commission-owned data, regardless of format, and any other storage media or areas containing such information. Consultant agrees to provide written notice to Commission confirming the destruction of any such residual Commission-owned data.

S. Patent or Copyright Protection. The Consultant recognizes that certain proprietary matters or techniques may be subject to patent, trademark, copyright, license or other similar restrictions, and warrants that no work performed by the Consultant or its subcontractors will violate any such restriction. The Consultant shall defend and indemnify the Commission for any infringement or alleged infringement of such patent, trademark, copyright, license, or other restrictions.

T. Prior Approval. This Contract shall not be binding upon either party, no services shall be performed, and the Wyoming State Auditor shall not draw warrants for

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payment, until this Contract has been fully executed, approved as to form by the Office of the Attorney General, filed with and approved by A&I Procurement, and approved by the Governor of the State of Wyoming, or his designee, if required by Wyo. Stat. § 9-2-1016(b)(iv).

U. Insurance Requirements. (i) During the term of this Contract, the Consultant shall obtain and maintain,

and ensure that each subcontractor obtains and maintains, each type of insurance coverage specified in Insurance Coverage, below.

(ii) All policies shall be primary over any insurance or self-insurance program

carried by the Consultant or the State of Wyoming. All policies shall include clauses stating that each insurance carrier shall waive all rights of recovery under subrogation or otherwise against Consultant or the State, its agencies, institutions, organizations, officers, agents, employees, and volunteers.

(iii) The Consultant shall provide Certificates of Insurance to the Commission

verifying each type of coverage required herein. If the policy is a “claims made” policy instead of an “occurrence” policy, the information provided shall include, but is not limited to, retroactive dates and extended reporting periods or tails.

(iv) All policies shall be endorsed to provide at least thirty (30) days advance

written notice of cancellation to the Commission. A copy of the policy endorsement shall be provided with the Certificate of Insurance.

(v) In case of a breach of any provision relating to Insurance Requirements or

Insurance Coverage, the Commission may, at the Commission’s option, obtain and maintain, at the expense of the Consultant, such insurance in the name of the Consultant, or subcontractor, as the Commission may deem proper and may deduct the cost of obtaining and maintaining such insurance from any sums which may be due or become due to the Consultant under this Contract.

(vi) All policies required by this Contract shall be issued by an insurance

company with an A.M. Best rating of A- VIII or better. (vii) The Commission reserves the right to reject any policy issued by an

insurance company that does not meet these requirements.

V. Insurance Coverage. The Consultant shall not commence work under this Contract until it has obtained all the insurance required by the Commission and the

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State. The Consultant shall obtain and maintain the following insurance in accordance with the Insurance Requirements set forth above: (i) Commercial General Liability Insurance. Commercial general liability

insurance (CGL) coverage, occurrence form, covering liability claims for bodily injury and property damage arising out of premises, operations, products and completed operations, and personal and advertising injury, with minimum limits as follows:

(a) $1,000,000.00 each occurrence; (b) $1,000,000.00 personal injury and advertising injury; (c) $2,000,000.00 general aggregate; and (d) $2,000,000.00 products and completed operations.

The CGL policy shall include coverage for Explosion, Collapse and Underground property damage. This coverage may not be excluded by endorsement.

(ii) Workers’ Compensation and Employer’s Liability Insurance. Employees

hired in Wyoming to perform work under this Contract shall be covered by workers’ compensation coverage obtained through the Wyoming Department of Workforce Services’ workers’ compensation program, if statutorily required. Employees brought into Wyoming from Consultant’s home state to perform work under this Contract shall be covered by workers’ compensation coverage obtained through the Wyoming Department of Workforce Services’ workers’ compensation program or other state or private workers’ compensation insurance approved by the Wyoming Department of Workforce Services, if statutorily required.

The Consultant shall provide the Commission with a Certificate of Good Standing or other proof of workers’ compensation coverage for all of its employees who are to perform work under this Contract, if such coverage is required by law. If workers’ compensation coverage is obtained by Consultant through the Wyoming Department of Workforce Services’ workers’ compensation program, Consultant shall also obtain Employer’s Liability “Stop Gap” coverage through an endorsement to the CGL policy required by this Contract, with minimum limits as follows:

(a) Bodily Injury by Accident: $1,000,000.00 each accident;

(b) Bodily Injury by Disease: $1,000,000.00 each employee; and (c) Bodily Injury by Disease: $1,000,000.00 policy limit. (iii) Unemployment Insurance. The Consultant shall be duly registered with the

Department of Workforce Services and obtain such unemployment

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insurance coverage as required. The Consultant shall supply Commission with a Certificate of Good Standing or other proof of unemployment insurance coverage.

(iv) Automobile Liability Insurance. Automobile liability insurance covering

any auto (including owned, hired, and non-owned) with minimum limits of $1,000,000.00 each accident combined single limit.

(v) Professional Liability or Errors and Omissions Liability Insurance.

Professional liability insurance or errors and omissions liability insurance protecting against any and all claims arising from the Consultant’s alleged or real professional errors, omissions, or mistakes in the performance of professional duties under this Contract, with minimum limits as follows:

(a) $1,000,000.00 each occurrence; and (b) $1,000,000.00 general aggregate. The policy shall have an extended reporting period of two (2) years.

W. Severability. Should any portion of this Contract be judicially determined to be illegal or unenforceable, the remainder of the Contract shall continue in full force and effect, and the parties may renegotiate the terms affected by the severance.

X. Sovereign Immunity and Limitations. Pursuant to Wyo. Stat. § 1-39-104(a), the State of Wyoming and Commission expressly reserve sovereign immunity by entering into this Contract and specifically retain all immunities and defenses available to them as sovereigns. The parties acknowledge that the State of Wyoming has sovereign immunity and only the Wyoming Legislature has the power to waive sovereign immunity. Designations of venue, choice of law, enforcement actions, and similar provisions shall not be construed as a waiver of sovereign immunity. The parties agree that any ambiguity in this Contract shall not be strictly construed, either against or for either party, except that any ambiguity as to sovereign immunity shall be construed in favor of sovereign immunity.

Y. Taxes. The Consultant shall pay all taxes and other such amounts required by

federal, state and local law, including, but not limited to, federal and social security taxes, workers' compensation, unemployment insurance, and sales taxes.

Z. Termination of Contract. This Contract may be terminated, without cause, by the Commission upon thirty (30) days written notice. This Contract may be terminated immediately for cause if the Consultant fails to perform in accordance with the terms of this Contract.

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AA. Third-Party Beneficiary Rights. The parties do not intend to create in any other individual or entity the status of third-party beneficiary, and this Contract shall not be construed so as to create such status. The rights, duties, and obligations contained in this Contract shall operate only between the parties to this Contract and shall inure solely to the benefit of the parties to this Contract. The provisions of this Contract are intended only to assist the parties in determining and performing their obligations under this Contract.

BB. Time is of the Essence. Time is of the essence in all provisions of the Contract.

CC. Titles Not Controlling. Titles of sections and subsections are for reference only and shall not be used to construe the language in this Contract.

DD. Waiver. The waiver of any breach of any term or condition in this Contract shall not be deemed a waiver of any prior or subsequent breach. Failure to object to a breach shall not constitute a waiver.

EE. Counterparts. This Contract may be executed in counterparts. Each counterpart, when executed and delivered, shall be deemed an original and all counterparts together shall constitute one and the same Contract. Delivery by the Consultant of an originally signed counterpart of this Contract by PDF shall be followed up immediately by delivery of the originally signed counterpart to the Commission.

THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK

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9. Signatures. The parties to this Contract, either personally or through their duly authorized representatives, have executed this Contract on the dates set out below, and certify that they have read, understood, and agreed to the terms and conditions of this Contract. The Effective Date of this Contract is the date of the signature last affixed to this page.

WYOMING WATER DEVELOPMENT COMMISSION: _________________________________________________ __________________ Laurance Suchor, Chairman Date _________________________________________________ __________________ Michael K. Purcell, Secretary Date BIOTA RESEARCH AND CONSULTING, INC.: _________________________________________________ __________________ Ryan Colyer, President, 83-0251789 Date ATTORNEY GENERAL'S OFFICE: APPROVAL AS TO FORM _________________________________________________ __________________ Tyler M. Renner Date Assistant Attorney General

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Attachment A to Upper Wind River Instream Flows 2019, Level I Study


ATTACHMENT A SCOPE OF SERVICES

A. AUTHORIZATION

The Wyoming Legislature has authorized the Commission to conduct the study described herein. The Consultant will complete the tasks and requirements outlined in Section D. Scope of Services in this Attachment. The Commission, at its sole discretion and through duly authorized contract amendments, may request the Consultant to complete additional work phases beyond the following scope of services.

B. PROJECT DESCRIPTION

1. Location: Near the Town of Dubois, Fremont County.

• Burroughs Creek, tributary of Horse Creek, tributary of Wind River, tributary of Big Horn River, tributary of Yellowstone River. Point of beginning is located at the intersection of Burroughs Creek and the boundary of the Washakie Wilderness Area. (Latitude: 43° 42' 54.83" N, Longitude: 109° 42' 04.32" W); point of termination is located just upstream of Little Horse Creek Ditch Point of Diversion (Latitude: 43° 40' 36.52" N, Longitude: 109° 38' 52.33" W).

• Middle Fork Long Creek, tributary of Long Creek, tributary of Wind River,

tributary of Big Horn River, tributary of Yellowstone River. Point of beginning is located at the confluence of Middle Fork Long Creek and an unnamed tributary (Latitude: 43° 41' 23.78" N, Longitude: 109° 53' 18.98" W); point of termination is located at the intersection of Middle Fork Long Creek and the north line of the S2SE4, S29-T43N-R109W, 6th PM (Latitude: 43° 39' 25.18" N, Longitude: 109° 50' 42.31" W).

• Sheridan Creek, tributary of Wind River, tributary of Big Wind River, tributary of

Big Horn River, tributary of Yellowstone River. The point of beginning is located at the intersection of Sheridan Creek and the west line of S1-T42N-R110W, 6th PM (Latitude: 43° 37' 31.49" N, Longitude: 110° 00' 42.64" W); the point of termination is located at the intersection of Sheridan Creek and the east line of the SW4NW4, S2-T42N-R109W, 6th PM (Latitude: 43° 37' 57.30" N, Longitude: 109° 54' 22.80" W).

• Stonefly Creek, tributary of Wind River, tributary of Big Wind River, tributary of

Big Horn River, tributary of Yellowstone River. Point of beginning is located at the confluence of Stonefly Creek and an unnamed tributary in S35-T44N-R110W, 6th PM (Latitude: 43° 43' 37.64" N, Longitude: 110° 01' 21.29" W); point of termination is located at the intersection of Stonefly Creek and the northerly right-

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of-way boundary of Highway 26 in the SW4NE4, S2-T43N-R110W, 6th PM (Latitude: 43° 43' 13.10" N, Longitude: 110° 00' 57.59" W).

• West Fork Long Creek, tributary of Long Creek, tributary of Wind River, tributary

of Big Wind River, tributary of Big Horn River, tributary of Yellowstone River. Point of beginning is located in S9-T43N-R109W, 6th PM (Latitude: 43° 42' 12.64" N, Longitude: 109° 56' 09.71" W); point of Termination is located just upstream of Smith Ditch Point of Diversion in the SW4SW4, S26-T43N-R109W, 6th PM (Latitude: 43° 39' 22.83" N, Longitude: 109° 54' 29.33" W).

2. Purpose: To perform a Level I Instream Flow study for the associated reaches in the

Upper Wind River Basin. 3. History: This will be an instream flow study for five segments in the Upper Wind River

area. The Wyoming Game and Fish Commission (WGFC) selects locations, performs biological studies, and determines requested flow rates for instream flow sites in Wyoming. The Office follows this up with a hydrologic study to determine the feasibility of providing the requested flows from unappropriated flows that exist upstream from each instream flow segment.

Additional information may be found at the Water Resources Data System, located at the University of Wyoming.

C. PROJECT REQUIREMENTS

1. Monthly Progress Reports and Billing Statements

The Consultant shall submit a brief monthly progress report outlining the study status, progress, and results to date, regardless of whether or not a billing statement is submitted, on or before the last working day of the month.

Each billing statement must include a task-by-task report justifying the cost items contained in the billing statement. The monthly progress report may be used as the justification for the billing statement as long as all cost items covered in the billing statement are addressed in the progress report.

2. Computer Models, Geographic Information System (GIS), Statement of Assumptions,

Project Work File

a. If the Consultant writes or uses a computer program or spreadsheet as a part of this project, the Consultant shall submit to the Commission for approval all proposed program names and data formats prior to beginning work on that task. All data shall be submitted to the Commission in written and

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digital forms with the final report. Digital media shall be labeled by the Consultant to provide sufficient detail to access the information on the media. User manuals shall be submitted by the Consultant to the Commission providing complete documentation of computer programs developed under this project. The user manuals shall also contain the source code language and the type of computer equipment necessary to operate the program(s). The computer programs and spreadsheets (written and digital forms) are due on the same date as the final report, which contains the information generated by the programs.

b. If the Consultant develops, collects, and/or uses GIS data as a part of this

project, the Consultant shall do so in accordance with the WWDC GIS Framework Plan and Technical Memorandum. Links to these documents are available at http://wwdc.state.wy.us/index.html. A webinar on GIS project standards, hosted by WWDC and WRDS, will be available following consultant selection and is strongly recommended.

The Consultant shall adhere to the following GIS standards:

(i) FEATURE MAPPING. The Consultant shall request a data

template for feature mapping from the Office project manager prior to any GIS work. These templates define the organization and naming of “core” GIS data. Auxiliary GIS data layers, as needed for the project and described in the final contract, can be linked to the templates or managed separately as needed for project completion. Mapped features will be attributed according to the GIS data schema described in the Technical Memorandum of the WWDC GIS Framework Plan. All features modified or created shall include field attributes that indicate contract number, consultant, date modified, and accuracy.

(ii) FORMATS and STANDARDS. Simplified metadata shall

be completed in accordance with standards described in the Technical Memorandum of the WWDC GIS Framework Plan. Attribute codes not included as part of the “core” data templates shall be defined in the metadata. GIS data shall be saved in a Decimal Degree Coordinate system with a NAD83 datum, specifically “GCS_North_American_1983,” as indicated in the Technical Memorandum. Project GIS deliverables may also include linked nonspatial data/databases (.accdb, .xlsx), rasters (various formats), photographs (.jpg), maps (.pdf), and file integrated metadata references (.xml, .txt). Data shall be delivered within the

http://wwdc.state.wy.us/index.html

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Office geodatabase template provided by the Office project manager. Auxiliary GIS data layers can be provided as .shp files.

(iii) MAPS. Project GIS deliverables shall be organized in such

a way as to allow easy replication of the maps found in the final project report. The GIS project files should be provided as ESRI ArcGIS mxd files saved with relative path names to data sources.

c. To facilitate the Commission’s accurate evaluation of the Consultant's work

product, computations, conclusions and recommendations, the Consultant shall:

(i) Include in the final report a section describing the

assumptions and methodology used by the Consultant in generating the data and conclusions contained in that chapter.

(ii) Maintain a project work file containing the materials used in

project analysis. This file will be available for review by the Commission and should be organized in such a way as to allow replication of the steps and procedures used by the Consultant to reach the conclusions described in the study.

(iii) Prepare a project notebook containing a description of the

assumptions and methodologies used in the project analysis. The notebook shall be organized in such a way as to allow replication of the steps, calculations, and procedures used by the Consultant to reach conclusions, described in the draft final report. The project notebook shall be submitted with the draft final report.

3. Cost Estimates

WWDC ELIGIBLE PROJECT COSTS

CONSTRUCTION COSTS Itemized Cost of Each Project Component $__________

$__________ $__________ $__________

Cost of Project Components TOTAL $__________ (subtotal #1)

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Construction Engineering Cost (subtotal #1 x 10%) $__________ Components + Construction Engineering Costs $__________ (subtotal #2)

Contingency (subtotal #2 x 15%) $__________ Construction Cost Total (subtotal #2 + Contingency) $__________ (subtotal #3)

PRE-CONSTRUCTION COSTS Preparation of Final Designs & Specifications (subtotal #1 x 10%) $__________ Permitting and Mitigation $__________ Legal Fees (Title of Opinion Only) $__________ Acquisition of Access and Rights of Way $__________ Pre-construction Costs Total $__________ (subtotal #4)

TOTAL WWDC Eligible PROJECT COST Total WWDC Eligible Project Cost (subtotal #3 + subtotal #4) $__________

(subtotal #5)

WWDC INELIGIBLE PROJECT COSTS

Itemized Costs of Ineligible Project Components $__________ $__________ $__________ $__________

Additional Cost for Construction Engineering $__________ Additional Cost for Preparation of Final Designs & Specifications $__________ Total WWDC Ineligible Project Costs Total $__________ (subtotal #6)

TOTAL PROJECT COST

Total Project Cost (subtotal #5 + subtotal #6) $__________

MATERIALS ONLY TOTAL

Materials Only Total Project Cost ((Subtotal #1 + (Subtotal #1 x 10%))

$__________

Note: Any inflation costs, as determined by the consultant and Office project manager, will be applied to the Total Project Cost.

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4. Final Report

The Consultant shall use the Contract Scope of Services as the outline for draft and final reports so that Consultant compliance with Contract provisions can be verified. If the final report contains information of an engineering nature, the cover of the final report, all plates, and the executive summary must be stamped and signed by a Professional Engineer licensed in the State of Wyoming. If the final report contains information of a geologic nature, the cover of the final report, all plates, and the executive summary must be stamped and signed by a Professional Geologist licensed in the State of Wyoming. If the final report contains information of both an engineering and geologic nature, the cover of the final report, all plates, and the executive summary must be stamped and signed by both a Professional Engineer and a Professional Geologist licensed in the State of Wyoming.

5. Final Report - Digital Format

In addition to the paper submittal described in Section C.4 above, the Consultant shall also provide the final documents and related materials in a digital format. This digital report shall be contained on CD/DVD(s), USB drive(s), or other media as approved by the Office project manager, and shall be in Searchable Image Adobe Acrobat format.

6. Anticipated Project Funding Assistance

The Consultant shall clearly identify project components eligible for Commission funding, both in cost estimates and in project mapping. The Consultant shall verify project component funding eligibility with the Office project manager prior to commencing any economic analysis. Unless otherwise directed by the Office project manager, the Consultant shall assume that projects will be funded with a 67% grant. The remaining 33% shall be acquired from external sources (for municipal projects); or from external sources and/or a loan from the WWDC (for agricultural projects). The Commission loan will be financed at an interest rate of four percent (4%) with a term to be specified by the Office project manager. If funding is anticipated from another agency, such as the Office of State Lands and Investments or the USDA Rural Utilities Service (RUS), the Consultant shall prepare cost estimates for system components not eligible for Commission assistance in a format and level of detail acceptable to the potential funding agency.

If required in the Contract Scope of Services, the Consultant shall provide the information necessary to complete applications to RUS, the Office of State Lands and Investments, and any other identified funding sources.

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7. Project Access

The Consultant shall be responsible for obtaining access as required for project tasks.

8. Stand-By Time

The Commission will not reimburse the Consultant for stand-by time charges for the Consultant's supervisory personnel.

9. Well Permitting

All wells developed under this program shall list the State of Wyoming, Water Development Office as the permittee. The Consultant shall be responsible for obtaining the permit.

10. Verification Log

After all casing has been installed in the well, the Office may require that a geophysical log be performed on the well to verify casing placement. A copy of this log shall be included in the final report.

D. SCOPE OF SERVICES Task 1. Meetings A scoping meeting shall be held early in the project schedule in the project area to familiarize the public and interested parties with the scope of the project as well as obtain and provide input and information to and from all affected parties. The Consultant, through consultation with the Office project manager, shall anticipate interested citizens and parties and use appropriate means to invite said constituents such as bulletins, newspapers, and emails. The Consultant shall prepare all presentation material, including maps and other visual aids as necessary, to explain the project and anticipated timelines. The scoping meeting agenda, location, and time shall be coordinated with the Office project manager. Project meetings shall be conducted monthly for the coordination of the project activities and for keeping the Office project manager informed of project progress and involved in key decisions. Several informal meetings with the Office project manager may be necessary during the course of the study. Project, and informal, meetings may be conducted over the phone or online. Task 2. Maps At minimum, the Consultant shall provide the following maps:

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General location map that shows all of the segments and applicable features around the segments including all reservoirs, diversions, gaging sites, selected flow monitoring sites, irrigated lands, and other information as needed for clarity.

Detailed map of each individual instream flow segment that shows storage, diversion sites,

return flow locations, gaging sites, selected flow monitoring sites, irrigated lands, and other information as needed for clarity.

The maps will be of sufficient detail to display the instream flow segments for presentation purposes and include legends, labels, callouts, etc. as needed to convey all required information about each instream flow segment. These maps will be produced in GIS format and will include associated data sets such as tables. All mapping and corresponding data sets shall be consolidated into a comprehensive GIS. GIS data deliverables shall be in accordance with the “WWDO GIS Framework Data Plan” and the accompanying “GIS Standards Technical Memorandum.” (Refer to Section C.2.b. of Attachment B.) Task 3. Water Rights Inventory The Consultant shall research the Wyoming State Engineer’s Office records and inventory the water rights, including reservoir permits, upstream from the downstream end of each of the instream flow segments. From this data, the Consultant shall determine the appropriated flows and storage accounts for the study’s basins. These water rights will be listed sequentially by priority date in a tabular form and be listed for each instream flow segment and included in the GIS where applicable. This information shall include the following: Permit name Permit number Priority date Rate (cfs) or storage amount (acre-feet) Source of supply Location Appropriator Status of the right (adjudicated, unadjudicated, temporary filing, etc.)

There are existing instream flow water rights applicable to this study. The Consultant shall explain the history of these rights and their impact on the segments and include the applicable Interlocutory Decree language in an appendix. Task 4. Flow, Diversion, Storage, and Other Data The Consultant shall research the Wyoming Water Resources Data System (WRDS) records, the USGS records, the Wyoming State Engineer’s Office records, local water commissioner’s records,

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local irrigators’ records, and any other records of the flows, diversions, and storage within and above each instream flow segment. The Consultant shall use these records to determine each stream segment’s historic flows, diversions, return flows, and storage amounts to be applied as needed in the Hydrology Analysis described in Task 5. A minimum of thirty (30) years of data is desired. For each instream flow segment, the Consultant shall review the associated biological report produced by Wyoming Game and Fish Department (WGFD). Any other available WGFD studies or reports associated with these instream flow segments shall also be reviewed and incorporated into this study as deemed appropriate. Any available flow or stage measurement data gathered by WGFD shall be acquired and incorporated into this study as deemed appropriate. The Consultant shall coordinate with the Office project manager to obtain items from WGFD and discuss appropriateness for use. Within the final report, the Consultant shall explain what actual data were researched, which values were used in the analysis, what values were not used, and why they were used or not used. The Consultant shall also explain what calculated or estimated flow, diversion, and storage values were used in the analysis and how they were determined. Monthly flow, diversion, and storage values used for each segment shall be listed in tabular form. Task 5. Hydrology Analysis Based on available data, the Consultant shall define the study period for the analysis. Once the study period is defined, the Consultant shall classify each historic year in the study period as either dry, average, or wet, with the wettest and driest years identified as the upper and lower 20 percent of the study period years on an annual flow basis, respectively. Other methods to classify the dry, average, and wet years may be proposed by the Consultant but must be approved by the Office project manager. The resulting classification of dry, average, and wet years for the historic study period shall be presented in the final report in a tabulated fashion. The Consultant shall then perform a hydrology analysis to determine the virgin flows in each instream flow segment under what has been classified above as an average year. If historic gage flow is not available or does not represent virgin flow, the analysis will likely involve determining or estimating the historic stream flows, diversions, storage, consumptive use (depletions), and return flows as relevant and as described below. The Consultant may refer to the guidelines below as needed during this task. Deviations or alternative methodologies can be applied as approved by Office project manager. A. Stream Flows

Historic flows (virgin) will be determined near the downstream end of each instream flow segment and summarized by monthly mean values over the study period. Where possible, these flows shall be based on available stream gage records and modified as necessary to reflect virgin flow. Alternatively, stream flow measurements obtained as part of this study (Task 6) may be used to estimate historical flow through the application of regression

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techniques using nearby long-term gaging station records as a reference station(s). Appropriate regression techniques shall be used and approved by the Office project manager. The entire period of record for the reference gaging station(s) shall be used to estimate historical flow prior to classifying dry, average, or wet years as prescribed above. Other methods may also include evaluating historic climate or snowpack data or other hydrology methods or models. If it becomes necessary to employ numeric models, the Consultant shall investigate more than one model and select the best alternative (or combination of alternatives) based on calibration with the in-field flow measurements that are described in Task 6 or other means as approved by the Office project manager. All numeric models that were considered shall be described in the final written report, and the Consultant shall explain in detail why the chosen method was ultimately employed.

The Consultant should consider and/or integrate the methods described in the following reports:

Lowham Engineering LLC. (2009, May 21). Estimating Streamflow from Concurrent

Discharge Measurements. Prepared for Wyoming Water Development Commission.

Parrett, Charles and Cartier, Kenn D. (1990). Methods for Estimating Monthly Streamflow Characteristics at Ungaged Sites in Western Montana. U.S. Geological Survey Water-Supply Paper 2365.

The Consultant shall adhere to the prescribed practices and limitations defined by the methodologies selected for the analyses. The reference gaging station(s) and methodology ultimately selected must be approved by the Office project manager and fully described in the final written report with all supporting data.

B. Diversions

Historic diversions determined in Task 4 can be used to reestablish virgin flows. However, depending upon the existence, availability, and extent of records, the Consultant may need to estimate historic diversions. This could involve field assessments of head gates and canals in order to estimate capacities; interviews with water right holders, ditch riders, or water district managers; or any other means that would establish reasonable estimations of the diversion amounts that took place during the established study period. The Consultant may propose the means and methods on estimating historic diversion records, and they must be approved by the Office project manager.

C. Consumptive Use

Irrigation consumptive use (CU) values can be established by the methods described below. For municipal, industrial, and out of basin use, the Consultant can estimate CU values as established for previous instream flow hydrologic studies as described below. The Consultant may propose other means and methods for estimating CU, but they must be approved by the Office project manager.

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Irrigation Use: CU values for irrigation can be estimated using the StateCU1 software platform or alternative methods proposed by the Consultant with approval of the Office project manager. CU values, along with cropping patterns, can also be referenced from the latest river basin plans prepared by the Office (http://waterplan.state.wy.us/basins/7basins.html).

Municipal Use: CU values can be assumed as 45 percent of the diversion. Industrial Use: CU values can be assumed as 100 percent of the diversion, unless it

can be shown that the particular industry effectively consumes a lesser amount and that some of the diverted flows are returned to the basin of origin.

Out of Basin Use: CU values can be assumed as 100 percent of the diversion. D. Return Flows

A return flow is that part of a diversion that returns to the stream. A depletion is that part of a diversion that does not return to a stream due to consumptive use, deep groundwater loss, or out-of-basin diversion. The Consultant may estimate return flow quantities, return flow patterns, and return flow timing using the following guidelines that were adopted in previous instream flow hydrologic studies unless it can be shown otherwise. With that, the Consultant shall review each guideline for appropriateness to specific situations and may choose to propose other means and methods for estimating return flow quantities, return flow patterns, and return flow timing2.

Return Flow Quantities Irrigation Use For flood irrigation:

Return Flow = 0.50 x Diversion

For other forms of irrigation: Return Flow = 0.50 (Diversion – CU)

Municipal Use Return Flow = 0.55 x Diversion

Industrial Use Return Flow = Zero

Return Flow Patterns The Consultant shall identify the return flow locations which shall be plotted on the same maps containing the diversion locations.

1 StateCU is a public domain consumptive use model developed by the State of Colorado as part of Colorado’s Decision Support System tools (http://cdss.state.co.us). 2 For return flows, previous instream flow studies have referenced the following document: Wetstein, John H. Return Flow Analysis of Flood Irrigated Alluvial Aquifer. M.S. Thesis Submitted to the Department of Civil Engineering, University of Wyoming, August, 1989.

http://waterplan.state.wy.us/basins/7basins.html

http://cdss.state.co.us/

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Return Flow Timing Irrigation return flows via surface water can occur during the month of diversion or

lagged as determined by the Consultant. Return flows through groundwater may be lagged on the basis of an exponential decay rate determined to best fit the stream flow data.

Municipal return flows occur during the month of diversion. Storage return flows occur during the month of storage releases. Out of basin diversion will have no return flows.

E. Storage

Each reservoir associated with each instream flow segment, existing or proposed, shall be analyzed to determine the yearly fill of each storage account. This will include determining the yearly carryover storage, timing and quantities of inflow to fill each account each year, and the timing and quantities of storage releases to their permitted points of use. Depletions to each reservoir in terms of evaporation shall be accounted. Storage values in acre-feet will be converted to CFS conveyance values down to their points of use.

Task 6. Flow Measurements In order to verify flows, the Consultant shall acquire and install stage monitoring equipment and develop a rating curve (stage-discharge relationship) for each instream flow segment. To establish each stream gage site, the Consultant shall choose the most suitable location possible, preferably near the downstream point of each segment, with a relatively stable cross-section and geometry, free from excessive turbulence and having suitable accessibility. The selection of the gaging site shall consider existing stream segment hydrology with respect to proximal springs, seeps, and tributary flows that might affect flow measurements. Gaging site selections shall also consider the locations previously used by the Wyoming Game and Fish Department; coordinate with the Office project manager to identify these previously used sites. The gaging sites selected for this study shall be clearly identified within the final report by written description and displayed on maps; geographic coordinates of each selected site shall also be presented. Stage recording and data-logging equipment shall be installed by the Consultant as early as practicable in the year understanding that measuring low flow conditions is valuable to the study. The Consultant will be responsible for landowner clearance, permitting, equipment acquisition, protocol, installation, operation, maintenance, development of rating curves, data collection, and all appurtenances associated with the operation of the stream gages during the life of the Contract. Stage recording data logging devices may be acquired from the Office for use in this project. The Consultant shall be responsible for providing all other required equipment, including USB Reading Units, laptops and computers for data upload and processing, software, and all equipment required for the physical installation of each unit. Based upon site requirements and proximities, the Consultant shall determine and install the proper number of pressure transducers to ensure proper calibration to barometric pressure at each stage recording site. Any equipment provided by the Office under this Contract and all data collected shall be the sole property of the Office and

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returned to the Office prior to close of Contract. The Office project manager shall review and approve all proposed work and expenditures of funds under this task. Note that surcharges or rental fees of any kind shall not be billable within this Contract should the Consultant chose not to install equipment if available from the Office. Should the Consultant need to purchase equipment through the project budget, the equipment should meet industry standards, prior approval must be obtained from the Office project manager, and all equipment purchased shall be the sole property of the WGFD and delivered to the WGFD prior to close of Contract. The Consultant shall be responsible for seasonal removal of all equipment to prevent its damage. Depending on weather conditions in the area, it is anticipated that equipment will need to be removed in November. To develop a suitable rating curve, the Consultant shall measure discharge and corresponding stage at each segment at least 6 times throughout the year, capturing seasonal high and low flows along with monthly variations in discharge as applicable to each segment. The Consultant may propose the means, methods, and timing of the flow measurements and equipment which must be approved by the Office project manager. The Consultant shall be responsible for providing the flow measuring equipment and may coordinate with the Office project manager for use of equipment owned by the Office should it be available. As part of this task, flow measurements may also be made at diversions should such data prove useful in the Hydrology Analysis. All stage and flow measurements should be obtained throughout the project at sufficient frequencies that are fully applicable to satisfy the objectives of this project. Stage-discharge curves developed during this study shall be displayed and described in the final report in well-defined manner with data points, axis titles, chart formats, etc. clearly presented. The Consultant may present these curves in the main body of the report with stage being the independent variable on the horizontal axis and discharge being the dependent variable on the vertical axis, consistent with the associated regression equation presented on the graph. The Consultant should also present the stage-discharge curves within an appendix of the report that displays the charts with stage on the vertical axis and discharge on the horizontal axis, consistent with standards suggested within reports such as the following. Sauer, V.B. (2002). Standards for the Analysis and Processing of Surface-Water Data and

Information Using Electronic Methods. U.S. Geological Survey Water-Resources Investigations Report 01-4044, 91 p.

Rantz, S.E., and Others (1982). Measurement and Computation of Streamflow. U.S.

Geological Survey Water-Supply Paper 2175, v. 2, 631 p. Task 7. Unappropriated Flow Analysis The Consultant shall perform an Average Year Mean Monthly Unappropriated Flow Analysis based on the average years within the study period as determined in Task 5. The Consultant will

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determine whether the average unappropriated flow based on average flow years would result in a flow shortage or provide excess flows relative to the requested instream flow rate for each month. The Consultant shall perform this analysis for each segment and place data in tabular and graphic form. The analysis shall be performed in such a way that stream regulations and effects thereof that would occur in the field are accounted for in a realistic manner, including but not limited to adjustments in return flows when over-appropriation occurs. Unappropriated flows are determined by removing the appropriated flows from the virgin flows. Appropriated flows are the potential diversion rates as allowed by the water right. Municipal, industrial, and other uses shall be calculated based on the maximum permitted diversion rate when the diversion is in priority. Irrigation diversion rates shall be calculated based on the legal duty, including surplus water diversions. These amounts are as follows: A one (1) cfs per 70-acre diversion for all pre-March 1945 permitted rights, with diversion

based upon priority. An additional one (1) cfs per 70-acre diversion for all pre-March 1945 permitted rights,

when surplus water is available. A one (1) cfs per 70-acre diversion for post-March 1945 to pre-March 1985 rights, when

pre-March 1945 rights have been given a two (2) cfs per 70-acre supply. An additional one (1) cfs per 70-acre diversion for all post-March 1945 and pre-March

1985 permitted rights, when surplus water is available. A one (1) cfs per 70-acre diversion for all post-March 1985 rights, after all pre-March 1985

permitted rights have been given a two (2) cfs per 70-acre supply. Under this task, to establish and account for the return flows from these legal duty diversions, the Consultant may apply the consumptive use values and subsequent return flow quantities, patterns, and timing developed under Tasks 5C and 5D. Task 8. Storage Analysis If the conclusions of Task 7 indicate that there will be shortages in the instream flow request, the Consultant shall evaluate the shortages and determine the hydrologic feasibility of placing storage for this shortage above the instream flow segment. This storage would store water during the high-flow months and then release the stored water during low-flow months to make up the identified monthly shortages. (Refer to statute, section 41-3-1004 (a).) The Consultant shall perform this analysis for each segment, identifying if any potential storage sites exist. The evaluation should include a map of the basin, produced in GIS format, which shows the general layout of the possible dam site(s) and the resulting reservoir(s). If potential storage sites are found, the Consultant shall provide an approximate cost estimate. The level of detail associated with this task will be established on a site-by-site basis with consultation with the Office project manager.

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Task 9. Daily Flow Exceedance Analysis The Consultant shall perform a daily flow exceedance analysis on the remaining unappropriated direct flows using the entire selected period of record. The Consultant shall then develop flow duration curves for each month for each segment. This analysis will determine the 20 percent exceedance flows and the percentage of time the requested flows are equaled or exceeded. Then based on the Wyoming Game and Fish Department’s requested minimum flows and the exceedance analysis, a determination will be made as to whether or not the monthly unappropriated stream flows exceed the 20 percent exceedance. The Wyoming Water Resources Data System (WRDS) system, DURCUR, or appropriate daily flow exceedance techniques such as those described in the USGS Water Supply Paper 1542-A, “Flow Duration Curves” (Searcy, 1959) can be used to develop the flow duration curves. The duration curves shall be presented in graphic form with the requested flow clearly shown. The requested flow exceedance, the 20 percent exceedance values shall be clearly indicated in tabular form and clearly presented in the graphic forms. Task 10. Draft Report The Consultant shall submit to the Office two (2) hard copies of a draft report describing the results of all work completed in this study no later than February 1, 2021. Two (2) CD/DVD or USB drive copies containing the draft report in a Searchable Image Adobe Acrobat (pdf) format, and the completed GIS which comply with the standards specified in Attachment “B”, Section C Project Requirements, item #2. will also be provided. The digital report will be completely assembled into one standalone Acrobat file and will be the same version as the hard copy. Each CD/DVD or USB drive will include all accompanying data, spreadsheets, and models in a useable digital format such as Word and Excel and shall be included with the CD/DVD or USB drive. Each CD/DVD or USB drive shall be clearly labeled as to its contents. Task 11. Report Presentation The report presentation will take one of two forms as determined by the WWDO; either associated with a Wyoming State Engineer’s Office (SEO) public hearing or at a public presentation meeting. The Consultant shall use the following guidelines for one of the two options:

SEO Hearing Upon completion of the draft report, the Consultant shall present the findings of the study in conjunction with an SEO hearing on the filings. Information and materials to be presented shall be developed by the Consultant after consultation with the Office project manager. The Consultant shall be responsible for developing a record of the meeting which shall become an appendix in the final report. The record will include: a description of any formal and/or informal notices; an affidavit of publication from the legal notice; any materials presented or handed out at the meeting; a record of attendance; any written comments, or exhibits

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received; any available recorded testimony, or a memorandum summarizing the views and comments presented at the meeting; and other pertinent data. Public Presentation Meeting Upon completion of the draft report, the Consultant shall present the findings of the study at a public meeting near the project area. The Consultant is responsible for publishing notice of the meeting not less than once each week for two weeks prior to the meeting. Additionally, the Consultant, through consultation with the Office project manager, shall anticipate interested citizens and parties and use appropriate means to invite said constituents such as bulletins and emails. Information and materials to be presented at the public meeting shall be developed by the Consultant after consultation with the Office project manager. The Consultant shall be responsible for developing a record of the meeting which shall become an appendix in the final report. The record will include: any formal and/or informal notices; any materials presented or handed out at the meeting; a record of attendance; any written comments, statements, or exhibits received; any available recorded testimony, or a memorandum summarizing the views and comments presented at the meeting; and other pertinent data. The public meeting agenda, location, and time shall be coordinated with the Office project manager.

The Consultant shall also budget for a meeting in Casper or Cheyenne to present the results to the Commission. The meetings included in this task are independent of the meetings in Task 1. Task 12. Final Report and Deliverables After incorporation of the Office’s review comments on the draft report, the Consultant shall submit one (1) final report and in hard copy along with one (1) CD or DVD or USB drive containing the final report in a text-recognized Adobe Acrobat (pdf) format to the Office 3 to 4 weeks prior to the final deadline for final comparison purposes. The pdf version shall be completely assembled into one stand-alone file and shall be exactly the same version as the hard copy. Any discrepancies discovered by the Office project manager between the hard copy and electronic copy during this final comparison are the responsibility of the Consultant to correct. Upon completion of the final quality assurance process by the Office project manager, WRDS will assign an URL for the online posting of the final report and the Consultant shall submit all final documents and materials to the Office on or before July 1, 2021. These final documents and materials shall include: Ten (10) hard copies of the final report. Any final reports which have been submitted in three-ring notebook format shall have spine labels clearly identifying the project, Consultant and date. Three (3) CD, DVD, or USB drive copies containing the final report in a text-recognized Adobe Acrobat (pdf) format will be provided. The pdf version will be completely assembled into one stand-alone file and shall be exactly the same version as the hard copy. Each CD, DVD, or USB drive shall have a hard copy table of contents attached.

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Two (2) CD, DVD, or USB drive copies containing the final report in original formats (Word, Excel, etc.) and in a text-recognized Adobe Acrobat (pdf) format. The pdf version will be completely assembled into one stand-alone file. All electronic files shall be exactly the same version as the hard copies. Each CD, DVD, or USB drive shall have a hard copy table of contents attached. Three (3) CD, DVD, or USB drive copies of the hydraulic or hydrology model project file and all associated files shall be provided if applicable. The files shall create a working model that is fully functional and can be modified. Each CD, DVD, or USB drive shall have a hard copy table of contents attached. Three (3) CD, DVD, USB drive or portable hard drive copies of the GIS data according to the WWDC GIS Framework Plan and Technical Memorandum. See Attachment “B”, Section C Project Requirements, item #2 for further details. One (1) project notebook containing the working files used in this project will be provided. The project notebook files shall include descriptions of the assumptions and methodologies used in the project analysis. The notebook shall be organized in such a way as to allow replication of the steps, calculations, and procedures used by the Consultant to reach the conclusions described in the final report. The preferred format for the project notebook is digital, provided on a CD, DVD, or USB drive. Any project notebooks which have been submitted in three-ring notebook format shall have spine labels clearly identifying the project, Consultant and date.

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Attachment B to Upper Wind River Instream Flows 2019, Level I Study Between WWDC and Biota Research and Consulting, Inc.

Page 1 of 2

ATTACHMENT B HOURLY RATE AND REIMBURSABLE EXPENSES

PRICE SCHEDULE 2019

LABOR Employee Hourly Rate Senior Project Manager $150.00 Project Manager $135.00 Licensed Professional Engineer $130.00 Senior/Certified Wildlife Biologist $120.00 Wildlife Biologist $ 75.00 Senior/Certified Ecologist $120.00 Ecologist $ 75.00 Senior/Certified Fishery Biologist $120.00 Fishery Biologist $ 75.00 Senior/Certified Wetland Scientist $120.00 Wetland Scientist $ 75.00 Certified Fluvial Geomorphologist $135.00 Hydrologist/Geomorphologist $120.00 Botanist/Rare Plant Specialist $120.00 GIS Specialist $100.00 GIS Technician $ 75.00 NEPA Specialist $ 85.00 Technician - Level 3 $ 60.00 Technician - Level 2 $ 45.00 Technician - Level 1 $ 36.00 Desktop Publisher $ 60.00 Clerical $ 55.00

SUPPLEMENTAL BILLINGS

Per Diem $50 per day per person Lodging At cost Vehicle Mileage $0.58 per mile Resource-grade GPS Unit $250/day Base and Rover GPS Unit $400/day Travel Trailer $25/day Camp Trailer $65/day ATV $25/day Broadcast Seeder $25/day

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Attachment B to Upper Wind River Instream Flows 2019, Level I Study Between WWDC and Biota Research and Consulting, Inc.

Page 2 of 2

REIMBURSABLE EXPENSES

Black and White Prints and Photocopies $0.15 Color Prints and Photocopies $1.00 Color Plots (24x36) $30 Color Plots (36x48) $55 B&W Plots (24x36) $10 B&W Plots (36x48) $20 Postage/Over Night Delivery At cost

All other direct costs such as subconsultants, equipment rental, and materials will be billed at cost. A copy of receipts will be provided for all expenses billed at cost.

2020 STATE OF WYOMING 20LSO-0416Working Draft

0.1

1 [Bill Number]

DRAFT ONLYNOT APPROVED FOR

INTRODUCTION

HOUSE BILL NO.

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 level II studies; providing

3 appropriations; requiring reports; providing for the

4 reversion of unexpended funds; authorizing unobligated

5 funds to be used to complete other designated projects as

6 specified; providing an appropriation for the office of

7 water programs; and providing for an effective date.

8

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

10

11 [2020-2021 WATER PROGRAM]

12 [AUTHORIZED LEVEL I AND LEVEL II STUDIES]

13


0.1

2 [Bill Number]

1 Section 1. LEVEL I RECONNAISSANCE STUDIES – NEW

2 DEVELOPMENT. The following sums of money are appropriated

3 from water development account I, as created by W.S. 41-2-

4 124(a)(i), to the water development commission to be

5 expended to conduct the following reconnaissance studies as

6 defined in W.S. 41-2-114. Funds appropriated under this

7 section for a particular project which are in excess of the

8 actual amount necessary to complete the study may, subject

9 to the review of the select water committee, be expended by

10 the commission to complete the reconnaissance study for any

11 other project listed in this section. Appropriated funds

12 not obligated prior to July 1, 2023 shall revert to water

13 development account I. The commission shall submit a report

14 to the legislature on each of the following studies prior

15 to the 2022 legislative session:

16

17 [LEVEL I RECONNAISSANCE STUDIES - NEW DEVELOPMENT]

18 PROJECT LOCATION APPROPRIATION1920 Bridger Valley Regional Water21 Master Plan Uinta County $100,00022 Cody Water Master Plan Park County $205,00023 LaGrange Water Master Plan Goshen County $114,00024 Lower Shoshone Watershed Study Big Horn and Park Counties $231,00025 Pavillion Water Master Plan Fremont County $135,00026 Pinedale Water Master Plan Sublette County $172,00027 Sheridan Municipal Watershed 28 Wildfire Hazard Mitigation29 Assessment, Phase II Sheridan County $120,00030 Shoshoni Water Master Plan Fremont County $157,000


0.1

3 [Bill Number]

1 UW Water Research Program Statewide __$446,9022 Total appropriation for Section 1 $1,680,902

3

4 Section 2. LEVEL II FEASIBILITY STUDIES – NEW

5 DEVELOPMENT. The following sums of money are appropriated

6 from water development account I, as created by W.S. 41-2-

7 124(a)(i), to the water development commission to be

8 expended to conduct the following feasibility studies as

9 defined in W.S. 41-2-114. Funds appropriated under this

10 section for a particular project which are in excess of the

11 actual amount necessary to complete the study may, subject

12 to the review of the select water committee, be expended by

13 the commission to complete the feasibility study for any

14 other project listed in this section. Appropriated funds

15 not obligated prior to July 1, 2023 shall revert to water

16 development account I. The commission shall submit a report

17 to the legislature on each of the following studies prior

18 to the 2022 legislative session:

19

20 [LEVEL II FEASIBILITY STUDIES - NEW DEVELOPMENT]

21 PROJECT LOCATION APPROPRIATION2223 Happy Valley Water Supply Lincoln County $59,00024 Skyline ISD Water Supply Teton County $93,00025 South End Water Users ISD26 Transmission Big Horn County $142,00027 Total appropriation for Section 2 $294,000


0.1

4 [Bill Number]

1

2 Section 3. LEVEL I RECONNAISSANCE STUDIES –

3 REHABILITATION. The following sums of money are

4 appropriated from water development account II, as created

5 by W.S. 41-2-124(a)(ii), to the water development

6 commission to be expended to conduct the following

7 reconnaissance studies as defined in W.S. 41-2-114. Funds

8 appropriated under this section for a particular project

9 which are in excess of the actual amount necessary to

10 complete the study may, subject to the review of the select

11 water committee, be expended by the commission to complete

12 the reconnaissance study for any other project listed in

13 this section. Appropriated funds not obligated prior to

14 July 1, 2023 shall revert to water development account II.

15 The commission shall submit a report to the legislature on

16 each of the following studies prior to the 2022 legislative

17 session.

18

19 [LEVEL I RECONNAISSANCE STUDIES - REHABILITATION]

20 PROJECT LOCATION APPROPRIATION2122 Owl Creek ID Lucerne Master Plan Hot Springs County $170,00023 Total appropriation for Section 3 $170,000

24


0.1

5 [Bill Number]

1 Section 4. LEVEL II FEASIBILITY STUDIES –

2 REHABILITATION. The following sums of money are

3 appropriated from water development account II, as created

4 by W.S. 41-2-124(a)(ii), to the water development

5 commission to be expended to conduct the following

6 feasibility studies as defined in W.S. 41-2-114. Funds

7 appropriated under this section for a particular project

8 which are in excess of the actual amount necessary to

9 complete the study may, subject to the review of the select

10 water committee, be expended by the commission to complete

11 the feasibility study for any other project listed in this

12 section. Appropriated funds not obligated prior to July 1,

13 2023 shall revert to water development account II. The

14 commission shall submit a report to the legislature on each

15 of the following studies prior to the 2022 legislative

16 session.

17

18 [LEVEL II FEASIBILITY STUDIES - REHABILITATION]

19 PROJECT LOCATION APPROPRIATION2021 Highland Hanover ID Pump Station Washakie County $75,00022 LaPrele Irrigation District 23 Rehabilitation, Phase II Converse County $650,00024 Total appropriation for Section 4 $725,000

25


0.1

6 [Bill Number]

1 Section 5. There is appropriated one hundred seventy-

2 five thousand dollars ($175,000.00) to the Wyoming water

3 development commission from water development account I, as

4 created by W.S. 41-2-124(a)(i), to fund the office of water

5 programs established under W.S. 41-2-125 for the period

6 beginning July 1, 2020 and ending June 30, 2022. This

7 appropriation shall not be transferred or expended for any

8 other purpose and any unexpended, unobligated funds

9 remaining from this appropriation shall revert as provided

10 by law on June 30, 2022.

11

12 Section 6. This act is effective immediately upon

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

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

15 Constitution.

16

17 (END)

2020 RECOMMENDATION AGRICULTURAL WATER PROJECTS PAGE 1 OF 9

2020 WATER DEVELOPMENT PROGRAM RECOMMENDATION AGRICULTURAL WATER PROJECTS

Project Name: LaPrele Irrigation District Rehabilitation, Phase II Program: Rehabilitation Project Type: Agricultural Irrigation Supply County: Converse Sponsor: LaPrele Irrigation District WWDO Recommendation: Level II, Phase II Proposed Budget: $650,000

Project Manager: Chace Tavelli

I. PROJECT DESCRIPTION

In 2018 the LaPrele Irrigation District requested a Level II study identifying rockfall hazards near the LaPrele Dam and development of a mitigation plan, including cost estimates, for such hazards. During the study, structural issues were identified on, and near, one of the Dam’s buttresses. The identified issues led to the Consultant writing a technical memorandum that included recommendations and holding a series of meetings. The result of these led to an amendment to modify the Scope of Work under the Level II study. (See LaPrele Irrigation District Rehabilitation, Level II, Amendment No. 1 and memo). The Office, and the District, believe it is important to complete the rockfall hazard analysis and further analyze and develop a mitigation plan to address the deficiencies found in the Phase I study. This recommendation is to increase the project budget in an amount to complete the intended rockfall hazard analysis and further asses and develop mitigation plans to address potential rock fall hazard and structural deficiencies. 1. Existing and Prior Legislation:

Project Level Chapter Session Account Appropriation Reversion Year

LaPrele Rehabilitation Project III 25 1984 II $ 1,500,000 1989

LaPrele Irrigation District Master Plan

I 65 2017 II $ 190,000 2020

LaPrele Irrigation District Rehabilitation

II 105 2019 II $ 290,000 2022

2. Describe the location of the project: The LaPrele Irrigation District is located west and south of Douglas, Wyoming along Interstate 25 in Converse County. 3. Summarize the request: The requested appropriation would increase the project budget to allow the consultant to be able to complete the rockfall hazard analysis, further analyze structural issues and develop mitigation plans or recommendations. 4. Summarize the reasons for the request: An amendment has been submitted to the Commission to change the direction of the original Level II’s scope of work. If that amendment is approved, the remaining work on the rockfall hazard analysis will be removed from the scope of work. This recommendation is to increase the project’s budget for a Phase II and reinstating the rockfall hazard analysis scope of work and allow further analysis of the dam’s structural issues.


II. WWDC ELIGIBILITY CONSIDERATIONS

1. Is the Sponsor a public entity? Yes

A. If not, is the recommendation for a Level I study or Level I or II study for a dam and reservoir project?

N/A

2. Project Priority According to WWDO Criteria: 7 - Level II Feasibility Studies

3. Will the project serve at least 1,000 water righted acres? Yes

A. Number of Acres: 11,462

4. Is the sponsor eligible for funding from other state or federal programs? Yes

A. If so, what are they? NRCS

5. Is the Sponsor currently served by a regionalized water supply system (specify)? Or will the Sponsor consider regional solutions to the purpose and needs of its water supply system? N/A

6. Can the project be delayed or staged? Yes

A. Should it be? No

7. Basis for the 2020 Funding Recommendation: The LaPrele Irrigation District is in the process of completing a Level II, Phase I study. The Phase I project was primarily focused on determining and mitigating the risks of a rock fall hazard on the dam. As part of the original Phase I work, structural deficiencies were identified that are being further analyzed. The Phase II study will provide further analyses on the structural deficiencies, reinstate the rock fall hazard analysis, help define short-term and long-term operation of the dam and develop recommendations to move forward. The WWDO recommends funding this project

III. PERTINENT INFORMATION

1. Existing Water Supply System

A. Description of Direct Flow Supply

(1) Direct Flow Diversion Right (CFS): 188.32

(2) Direct Flow Source (Name of River, Stream, etc.): LaPrele Creek

(3) Type of Diversion (Headgate, Pump, etc.): Headgate

(4) Water Transmission System (Canal, Pipeline, etc.): Canal, tunnels, and siphons

B. Description of Stored Water Supply

(1) Name(s) of Storage Facility (Reservoir): LaPrele Reservoir

(2) Location: Southwest of Douglas on LaPrele Creek

(3) Amount of Stored Water Right (Acre-Feet): 20,000 AF

(4) Is any of the stored supply obtained from a federal facility? No

a. Percent of Total Supply from Federal Facility: N/A

b. Amount of Stored Supply from Federal Facility (Acre-Feet): N/A

c. Name(s) of Federal Facility: N/A

C. Description of Groundwater Supply

(1) Number of Wells: N/A

(2) Primary Supply Aquifer(s) or Formation(s): N/A

(3) Total Average Production Yield of All Wells (GPM): N/A


D. Water Rights

(1) For the water source supply (or supplies) described above, does the Sponsor possess valid and/or adjudicated water rights? Yes

E. System Capacity

(1) Maximum Capacity of the Water Supply System (Acre-Feet per Day or CFS): 175 CFS

(2) Increased Capacity Needed (If Known) (Acre-Feet per Day or CFS): 225 CFS

F. Water Usage

(1) Estimate of Total Water Provided by the System Annually (Acre-Feet per Year): 8,024

(2) Average Day Demand (Acre-Feet per Day or CFS): 75 Acre-Feet per Day

(3) Maximum Day Demand (Acre-Feet per Day or CFS): 300 Acre-Feet per Day

2. Existing Service Area and On-Farm Information

A. Service Area Information

(1) How many total acres are in the district? 31,703

(2) How many acres are assessed? 11,462

(3) How many acres are irrigated? 11,462

(4) What is the annual water delivery assessed (acre-feet per acre)? 1

(5) How many individual land owners receive water? 104

B. On-Farm Information

(1) What is the normal irrigation season (e.g., May 1 – Sept. 30)? May 1 - September 30

(2) What type(s) of on-farm irrigation water applications is used (e.g., center pivot, side roll, flood, etc.)?

Center pivot, side roll, gated pipe, and flood

(3) Briefly describe the main crops and cropping patterns: Perennial wheat/grass hay

(4) Describe the water measuring devices currently in use: Cipoletti weirs, parshal flumes, weirs

(5) Percentage of Farm Turnouts with Measuring Devices: 100%

(6) Are water deliveries recorded? Yes

(7) Estimated System Water Losses (Percentage): 40%

(8) What water conservation measures are employed by the Sponsor? Sprinklers, water measurement devices, delivery management

3. Financial Information

A. District Financing

(1) Is the assessment based on acres, acre-feet delivered, acre-feet of storage, or other specify)?

Acres

(2) How is voting authority delegated to water users (e.g., shares, individuals, number of acres, etc.)?

Individuals

(3) What is the per-unit amount of the current assessment? $15 per acre

(4) Is there is a basic service charge or first acre assessment in addition to assessments? No


B. Financial Statement

(1) Revenues

a. Annual Revenues Generated from Assessments: $ 171,933

b. Annual Revenues from Other Sources: $ 0

c. Total Annual Revenues: $ 171,933

(2) Expenditures

a. Annual Budget for Operation and Maintenance Expenses: $ 171,933

b. Annual Payments for Debt Retirement: $ 0

c. Annual Payments to a Repair and Replacement Fund: $ 0

d. Annual Payments to an Emergency Fund: $ 0

e. Annual Payments for Other Purposes: $ 0

f. Total Annual Payments: $ 171,933

(3) Other

a. Balance in Repair and Replacement Fund: $ 24,000

b. Balance in Emergency Fund: $ 0

c. Explanation (If Needed):

N/A

(4) Is the operation of the water system self-supporting in terms of revenues offsetting costs for operation, maintenance, debt retirement, replacement funds, emergency funds, etc.?

Yes

1

2020 WATER DEVELOPMENT PROGRAM RECOMMENDATION

WATER RESEARCH PROGRAM PROJECTS

Project Name: UW Water Research Program Program: New Development Project Type: Multipurpose County: Statewide Sponsor: WWDC / USGS / UW WWDO Recommendation: Level I Proposed WWDC Budget: $ TBD Project Manager: Jodee Pring Project Description: Statewide Water Research The UW Water Research Program (WRP) is a cooperative State-Federal-University water-related research and training program. The primary goals of the WRP are to support and coordinate research relative to important water resource problems of the State and region, support the training of scientists in relevant water resource fields, and promote the dissemination and application of the results of this water-related research. The University of Wyoming’s Office of Water Programs (OWP) annually solicits Wyoming stakeholders to identify areas of needed water research to be conducted by the University. The WRP supports faculty and students through competitive peer reviewed proposals addressing these water related issues upon a favorable recommendation by a WRP Advisory Committee and subsequent approval by both the Wyoming Water Development Commission and Legislative Select Water Committee (SWC). Projects are selected annually for funding, with Wyoming Water Development Commission funds being matched by the University of Wyoming. Project proposals are evaluated first by the WRP Advisory Committee for scientific merit and applicability to the needs of the State to include a priority ranking of viable projects. This ranking is then presented to both the Water Development Commission and Legislative Select Water Committee for their consideration and formal action at their joint January meeting. Final approval as to which projects are included in the WRP block funding request as part of the Omnibus Water Planning Bill, rests with the WWDC and SWC. The current WRP project selection process ties the pending WRP funding request in the Omnibus Planning Bill to a specific set of projects that have been thoroughly reviewed by not only the WRP Advisory Committee (scientific review) but also by the WWDC and SWC. Specific completed and pending tasks and timelines under the FY20 project proposal selection and approval procedure follow:

WRP Proposal Solicitation and Receipt May 9, 2019 – Solicitation of research topics and drafting of RFP (OWP & WRP Advisory) May 17, 2019 – RFP approved (WWDC & SWC) Aug 2019 – Distribution of RFP (OWP) Oct 1, 2019 – WRP research proposal deadline (OWP) WRP Proposal Review and Project Selection Oct-Nov 2019 – Research proposals peer reviewed (OWP facilitates) Nov 21, 2019 – Research proposals reviewed and ranked (WRP Advisory Committee) Jan 9-10, 2020 – Rankings reviewed and projects approved (WWDC & SWC) (Selected projects to be listed in the Blue Book for the legislative session) WWDC/SWC WRP Funding Approval Jan 2020 – Omnibus Water Planning Bill legislation drafted (WWDC & SWC) Feb-Mar 2020 – Planning Bill acted on by Wyoming State Legislature Mar 2020 – WRP MOU approved (WWDC & SWC) Mar 2020 – New WRP projects begin (OWP coordinates activities)

2

Research proposals were accepted by the Office of Water Programs from the campus community during the month of August up until the deadline of October 1, 2019. Seven FY20 proposals were received and peer reviewed (includes external review), discussed, and ranked by the WRP Advisory Committee at its Nov. 21, 2019 meeting. A listing of these proposals, requested budget amounts, and corresponding statements of relevance follow. Copies of the full proposals are available from the WWDO Project Manager upon request.

UW Water Research Program ~ FY20 Proposals WRP FY20 - Proposal A Title: Aquifer Potential Assessment in Recharge Areas Serving High Population Growth Areas of Wyoming PI: Andrew Parsekian, Geology and Geophysics and Civil and Architectural Engineering, UW; Dario Grana, Geology and Geophysics, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2022 Project Funds requested: $97,121 University matching: $75,771 Non-Technical Statement of Relevance: In the Western US, mountain systems capture 70% of the precipitation, while accounting for only 30% of the landscape. In Wyoming, snowmelt in the high country contributes substantially to both surface water flow and aquifer recharge in basins where most of the population lives. The focus of this study is coupling statistical and hydrogeophysical tools to generate data for estimating the aquifer potential in catchments that are primary recharge areas to municipal water sources for three of Wyoming’s fastest growing towns. By using time-lapse geophysical observations in conjunction with leading edge statistical analysis methods, we will produce an aquifer potential assessment metric for each of the experimental areas. Improved predictions of the timing and volume of snowmelt input into aquifer recharge zones will improve the ability of State and Federal agencies to manage annual water use, plan for future growth, and mitigate threats to our water security under variable annual precipitation conditions. This work will also support water-related training and education through the mentoring of a graduate student and undergraduate students. Advisory Committee Deliberations This is a 2-year project. The proposal outlines novel methods to assess aquifer potential. However, the Committee had concerns regarding the clarity of methods and how results would be articulated to practitioners in the state’s water community. In addition, the proposal was compromised by a lack of careful editing, leading reviewers to question how this type of inattention might carry over to the presentation of findings. WRP FY20 - Proposal B Title: A Multi-Sensor Satellite Data Monitoring Tool for Tracking Algal Blooms in Select Wyoming Waterbodies PI: Ramesh Sivanpillai, WY GIS Center, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2022 Project Funds Requested: $35,661 University matching: $31,086 Non-Technical Statement of Relevance Proposed research will use multi-sensor satellite data and assess the feasibility of extracting information about the presence of cyanobacteria and chlorophyll-a in Wyoming’s waterbodies, leading to Harmful Algal Blooms (HABs). This information can be useful for state and federal government management agencies for targeting waterbodies at a given time for detailed field or aerial sampling, and take subsequent intervention steps before the areal extent of the blooms increases. The proposed research will use data from a suite of publicly available no-cost data collected by US, Indian and European Space agencies for identifying cyanobacteria and other photosynthetically active organisms. Maps derived from the satellite images over multiple years will enable managers to visualize annual patterns of algal growth and develop suitable management plans. Advisory Committee Deliberations This is a 2-year project with significant intern/student involvement. HAB’s are a high priority issue with considerable traction in the state and region. It was not apparent the principal investigator had consulted with the state’s water quality monitoring agency to ensure this investigation would interface with current HAB

3

detection initiatives and monitoring programs. This research could provide new long-term applications for informing management actions. However, the ERDAS software utilized in this research may be out of reach financially for water managers in the state to apply the methods in the future. WRP FY20 - Proposal C Title: Identifying, Predicting and Managing the Occurrence of Harmful Cyanobacterial Blooms in Wyoming Reservoirs PI: Sara Collins and William Fetzer, Zoology and Physiology, UW, Lindsay Patterson, Surface Water Quality Standards Supervisor, Wyoming Department of Environmental Quality, Matt Ross, Ecosystem Science and Sustainability, CSU and Annika Walters, Coop Unit, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2023 Project Funds Requested: $243,888 University matching: $166,601 Non-Technical Statement of Relevance Harmful cyanobacterial blooms (HCBs), also known as harmful algal blooms, in Wyoming reservoirs pose a health hazard to humans, domestic animals and wildlife. The Wyoming Department of Environmental Quality (WDEQ), Wyoming Department of Health, and the Wyoming Livestock Board have developed a strategy to notify the public should an HCB occur in publicly accessible lakes and reservoirs in Wyoming. The Wyoming Nutrient Work Group, a stakeholder group, developed the Wyoming Nutrient Strategy to address nutrient pollution, a leading contributor to HCBs. This research project will support ongoing efforts by these groups to improve capacity to detect, predict, and manage the occurrence of HCBs in reservoirs across the state of Wyoming. Currently, the agencies rely on public reporting and satellite imagery for a subset of reservoirs to identify potential blooms, however, the primary factors (e.g., nutrients, temperature, residence time, depth) contributing to bloom formation, intensity, and duration remain unknown. Further, the Wyoming Nutrient Work Group has identified Boysen Reservoir as a priority for nutrient reduction efforts, but nutrient thresholds that will prevent unsafe densities of cyanobacteria in Boysen Reservoir need to be identified. Nutrient loading and climate conditions are known to lead to HCBs in Northeastern US lakes; research is needed to determine whether these results apply to reservoirs in Wyoming experiencing HCBs. We propose to generate knowledge specific to Wyoming reservoirs to accurately: 1) verify the effectiveness of remote sensing data to identify HCBs, 2) predict what environmental conditions lead to HCBs, 3) identify nutrient management targets to prevent HCBs. Combined, this research will provide important information for agencies and cooperators to identify when cyanobacterial blooms are occurring, what environmental conditions make reservoirs most susceptible to blooms, and what nutrient management strategies would be effective in reducing bloom occurrence. Advisory Committee Deliberations This is a 3-year project. The Committee thinks this proposal presented a strong approach for applied research to improve detection of and response to the timely issue of HCBs. It is clear this research will build upon current partnerships and initiatives in Wyoming and it also includes cross state cooperation with Colorado. Boysen Reservoir has been the focus of a significant amount of response to and research on HCBs given the potential health impacts on recreational users. The Committee recognized this proposed research will build on the success of previous work and allow water managers to be more proactive in anticipating cyanobacteria blooms. These methods can be applied to other water bodies in the state and will provide direct benefit to numerous agencies as well as the public. WRP FY20 - Proposal D Title: Robust Low-Cost Snow Depth Measurements and High-Resolution Modeling to Improve Water Supply Forecasting in Wyoming PI: Bart Geerts, Atmospheric Science, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2023 Project Funds Requested: $201,795 University matching: $136,151

4

Non-Technical Statement of Relevance In his 2015 Wyoming Water Strategy document, Governor Mead followed earlier Wyoming leaders in emphasizing the importance of water development to Wyoming’s economy. Accurate forecasting of seasonal streamflow is essential to long-term water development decisions in the State. It has become increasingly evident in recent years that there are some watersheds in Wyoming where seasonal snowfall and snowpack estimates over mountains are systematically in error. These estimates are based on SNOTEL (SNOw TELemetry) measurements, but the SNOTEL network is quite sparse, with only a few sites per mountain range. The snowpack varies tremendously at small scales across Wyoming’s mountains, as we and others have shown in recent years, by means of high-resolution (4 km) regional climate simulations. There is ample evidence that such numerical simulations can estimate the distribution of cold-season precipitation over mountains better than gridded, gauge-based precipitation estimates such as PRISM, at least over mountains where few gauges (SNOTEL sites) exist. PRISM is a widely-used gridded (4 km) precipitation dataset that extrapolates from the gauges in a terrain-sensitive way. Two independent regional climate simulations have shown that in most years the snowpack (as estimated from SNOTEL data and derived gridded products) may be underestimated over the Wind River Range, the Gros Ventre Range, and the northern Bighorn range, while it is overestimated over the Teton Range and Wyoming’s southern mountains. Snowpack uncertainty is the main challenge in the seasonal streamflow prediction by the Wyoming State Engineer’s Office.

Here, we propose to deploy a network of low-cost snow depth measurements to augment the existing SNOTEL network over select ranges, in data-sparse areas, across the cold season, to examine whether additional measurements would benefit water supply forecasting. The additional measurements will be complemented with very-high-resolution (1 km) time-matched coupled atmospheric / land surface model simulations. The working hypothesis will be that our snow depth measurements are closer to the simulated amounts, and that the PRISM estimates depart significantly from both. Having shown the reliability of the regional climate model simulations to estimate seasonal snowpack and snowfall in the current climate, we further propose to examine how the seasonal snowfall, snowpack and run-off, and its interannual variability, are expected to change in the next few decades in a warmer climate.

A graduate student and several undergraduate students will be trained in the design and building of the snow depth sensors, using miniature components, and in field work to deploy these probes and characterize the snow pack. In addition, the graduate student will be trained in the use of complex atmospheric models on Cheyenne at the NCAR Wyoming Supercomputer Center. Advisory Committee Deliberations This is a 3-year project. The Committee agreed, when implemented, the findings from this investigation will provide benefit to water supply forecasting and cloud seeding monitoring. The on-the-ground monitoring will aid in calibration of current models and test low cost sensors that may be used to supplement the SNOTEL system. The proposal clearly outlines methods and identifies how the investigators will work with key partners including NCAR to accomplish the work. WRP FY20 - Proposal E Title: Improving the Quantification of Snowmelt and Runoff in Mountainous Regions with Remote Sensing and On-The-Ground Observations PI: Fabian Nippgen and Ginger Paige, Ecosystem Science and Management, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2023 Project Funds Requested: $203,014 University matching: $146,364 Non-Technical Statement of Relevance Predicting snow melt is critical for an accurate assessment of water resources in this region and important for meeting Wyoming compact obligations. Heterogeneous snow accumulation and ablation patterns in complex terrain complicate our ability to make forecasts about water availability during the summer months. Currently, we mostly rely on a network (SNOTEL) of snow observations where the individual sites are spaced out over long distances, making watershed-level predictions highly inaccurate. We propose a research project that uses observations at three different levels (on the ground, via small unmanned aerial vehicles (aka drones), and from satellites) in conjunction with snow- and water resources models to improve our ability to predict how complex mountainous terrain and watershed characteristics such as vegetation, slope, aspect, and elevation lead to different patterns of snow accumulation and ablation. A largely unknown factor in assessing water

5

resources is the intermittent nature of smaller headwater streams and changing runoff source areas over the course of the melt and growing season. Our research aims at improving current methods to monitor and model runoff generated from snowmelt in Wyoming’s mountain ranges. We select one core research site in the Snowy Mountain Range, a headwater of the North Platte river and a critical water tower for downstream water users. In collaboration with the State Engineer’s Office and USDA-NRCS, a second site will be established in the Bighorn Mountains, a critical location for the Yellowstone compact, to capture geographic variability, compare results, and test transferability of concepts. Advisory Committee Deliberations This is a 3-year project. The Committee felt the research connecting snowmelt runoff to headwater streamflow was of value in forecasting water availability. This proposal includes both remote sensed data and on-the-ground measurements. The use of photogrammetry and drones for ground-based data capture in forested landscapes can be challenging in regards to data capture. The proposal includes a variety of activities for evaluating runoff, however there is a need to tighten the scope to show how the results of these efforts fit together. WRP FY20 - Proposal F Title: Integrated Water Balance Modeling for the Sustainable Development of the Casper Aquifer in Belvoir Ranch, Cheyenne, Wyoming PI: Noriaki Ohara, Civil and Architectural Engineering, UW and Ye Zhang, Geology and Geophysics, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2023 Project Funds Requested: $199,592 University matching: $131,507 Non-Technical Statement of Relevance The Casper Aquifer development project in Belvoir Ranch, which lies adjacent to the eastern slope of the Laramie Range, aims to provide additional municipal water supply for the city of Cheyenne. Pipelines have been planned to connect seven productive wells, identified by drilling into this aquifer at the ranch, to the city’s water distribution system. Sustainable development of this well field depends critically on the amount of aquifer recharge from runoffs in the Laramie Range. However, the location and magnitude of this recharge to the Casper Aquifer are largely unknown, while groundwater monitoring data at the ranch indicate variable water level responses (up to 100 ft rise) during the annual runoff season. In the ranch, several stream sinks have been identified along Lone Tree Creek, Goose Creek, and Duck Creek, where substantial and focused recharge into fractures and dissolution cavities along Casper Aquifer outcrops was observed. According to the Cheyenne Belvoir Ranch Groundwater Level II Final Report, the stream losses likely account for most of the Casper recharge, which is confirmed by our shallow groundwater level data collected in the riparian deposit of these streams. Moreover, data suggest that the riparian zone is interacting with streams and part of the observed stream loss across the Casper outcrop could drive lateral groundwater flow in alluviums rather than contributing to Casper Aquifer recharge. To understand recharge into the Casper Aquifer, we have established six coupled stream and riparian groundwater monitoring sites to encompass the major loss zones along the outcrop. At each site, two riparian wells and a stream stage have been installed. This research aims to quantify Casper Aquifer recharge in Belvoir Ranch using an integrated water balance model calibrated against accurate stream flow measurements and both riparian and deep groundwater monitoring data. Existing flow measurements along each stream will be improved by updating the stage-flow rating curves through periodic current measurements and channel surveys. As aquifer recharge is strongly affected by climate, the water balance model will be driven by long-term reconstructed atmospheric data for the Lone Tree, Goose, and Duck Creek catchments, including both Belvoir Ranch and parts of the Laramie Range upstream. The model will be calibrated against improved streamflow data as well as all groundwater level data. The proposed research, by jointly interpreting surface and subsurface data, will help us determine the location and rate of bulk potential recharge into the Casper Aquifer as well as its long-term water balances in the future under average climatic and drought conditions. The outcomes of this study will facilitate the development of a sustainable well field management program for this aquifer at Belvoir Ranch. Methods developed and verified in this study will help to develop management strategies for similar mountain front aquifer systems in Wyoming.

6

Advisory Committee Deliberations This is a 3-year project. The Committee felt this investigation would provide local understanding of groundwater systems. There is not a clear explanation in the proposal to illustrate how the findings would apply to other parts of the state with similar aquifers. WRP FY20 - Proposal G Title: Accurate Characterization of Groundwater Systems PI: Pejman Tahmasebi, Civil Engineering and Petroleum Engineering, UW and Ye Zhang, Geology and Geophysics, UW Proposed Start Date: 07/01/2020 Proposed End Date: 07/01/2023 Project Funds Requested: $212,359 University matching: $111,141 Non-Technical Statement of Relevance Two of the requested issues raised in the WRP FY2020 RFP, namely Groundwater Analysis/Aquifer Potential Characterization and Enhanced Water Supply Forecasting, have been targeted in this proposal. We believe accurate modeling and, consequently, forecasting in groundwater systems is not a single-step task, but, as has been emphasized in the RFP, several datasets with different natures need to be used. Indeed, with the aid of recent technological advances, various datasets are extensively available at different scales and forms. Current methods, which most of them are iterative and expert-based, require very significant amount of time and effort to produce a model containing all the available data. Such methods often do not maintain geological realism. They cannot also be used for continuous and rapid monitoring of the State groundwater systems. The main motivation of this proposal is the necessity of using additional, and at the same time realistic, models for building accurate representation of groundwater systems in a reasonable time. This project aims to use advanced statistical modeling tools in conjunction with all the available datasets and conceptual images to build integrated groundwater models. This tremendously reduces the risk. The results of this project are expected to be geologically realistic and it can show the actual heterogeneity and complexity of groundwater systems for accurate modeling of flow, contaminant transportation, and aquifer reservoir properties and dynamics. The results are not only important for accurate characterization of Wyoming’s aquifers, but they can be very useful for integrating various datasets and be used for other purposes such as contaminate transportation, well placement, efficient management, optimal water withdrawing and sustainable water resources in the State. Advisory Committee Deliberations This is a 3-year project. The Committee felt this investigation would provide local benefit. It was unclear how the work would transfer to other parts of the state. The proposal was challenging to read and while a significant amount of data would be utilized, the end consumers of the findings are seemingly limited.

7

COMMITTEE RANKINGS Each Committee member ranked the proposals 1-7. Those rankings were compiled and three distinct groups resulted, as shown in the table below. The Committee is presenting the rankings in three tiers, with Tier 1 being the highest-ranking proposals and Tier 3 being the lowest. The proposals are listed highest to lowest within each tier. The difference between the average scores for Tier 1 and Tier 2 is 24 points and the difference between average scores for Tier 2 and Tier 3 is 11 points. Proposals C and D were unanimously ranked 1st or 2nd by the Committee and are recommended for funding.

PROPOSAL NAME AND PI(S)

UNIVERSITY MATCHING FUNDS

WWDC AMOUNT REQUESTED

TIER 1

C Identifying, Predicting and Managing the Occurrence of Harmful Cyanobacterial Blooms in Wyoming Reservoirs; Collins, Fetzer, Patterson, Ross and Walters

$166,601 $243,888

D

Robust Low-Cost Snow Depth Measurements and High-Resolution Modelling to Improve Water Supply Forecasting in Wyoming; Geerts

$136,151 $201,795

E Improving the Quantification of Snowmelt and Runoff in Mountainous Regions with Remote Sensing and On-the-ground Observations; Nippgen and Paige

$146,364 $203,014

TIER 2

F Integrated Water Balance Modeling for the Sustainable Development of the Casper Aquifer in Belvoir Ranch, Cheyenne, Wyoming; Ohara and Zhang

$131,507 $199,592

B

A Multi-Sensor Satellite Data Monitoring Tool for Tracking Algal Blooms in Select Wyoming Waterbodies; Sivanpillai

$31,086 $35,661

TIER 3

A Aquifer Potential Assessment in Recharge Areas Serving High Population Growth Areas of Wyoming; Parsekian and Grana

$75,771 $97,121

G

Accurate Characterization of Groundwater Systems; Tahmasebi and Zhang $111,141 $212,359


0.3

1 [Bill Number]


INTRODUCTION

HOUSE BILL NO.

Omnibus water bill - construction.


A BILL

for

1 AN ACT relating to water development projects; authorizing

2 construction of designated water projects; describing

3 projects; specifying terms and conditions of funding for

4 projects; providing appropriations; providing for a

5 sponsor’s contingency fund; modifying project descriptions,

6 amounts and terms of appropriations for specified prior

7 projects; transferring funds from the Buffalo Bill dam

8 account to water development account II; and providing for

9 an effective date.

10


12


0.3

2 [Bill Number]

1 Section 1. W.S. 99-3-2501 through 99-3-2504 are

2 created to read:

3

4 ARTICLE 25

5 2020 CONSTRUCTION PROJECTS

6

7 99-3-2501. Definitions.

8

9 The definitions in W.S. 99-3-101 apply to this article.

10

11 99-3-2502. General authorization.

12

13 The provisions of W.S. 99-3-102 apply to this article.

14

15 99-3-2503. Level III construction projects – new

16 development.

17

18 (a) Authorization is granted for the Level III new

19 development construction projects identified in this

20 section subject to the general conditions specified in W.S.

21 99-3-103, provided that W.S. 99-3-103(a)(iii) shall not

22 apply to the projects identified in this section unless

23 required by W.S. 41-2-121.

24


0.3

3 [Bill Number]

1 (b) Project – Big Horn Regional Transmission 2020:

2

3 (i) Project sponsor: Big Horn Regional Joint

4 Powers Board;

5

6 (ii) Project purpose: Municipal and rural

7 domestic water supply;

8

9 (iii) Project description: Design and

10 construction of transmission pipelines and appurtenances

11 necessary to make the project function in the manner

12 intended;

13

14 (iv) Total project budget: Six million five

15 hundred ten thousand dollars ($6,510,000.00);

16

17 (v) Project grant: The state of Wyoming shall

18 grant to the sponsor from water development account I

19 through the commission for the design, permit procurement,

20 project land procurement, construction engineering and

21 construction of the project an amount not to exceed four

22 million three hundred sixty-one thousand seven hundred


0.3

4 [Bill Number]

1 dollars ($4,361,700.00) or sixty-seven percent (67%) of the

2 actual development costs, whichever is less;

3

4 (vi) Appropriation: There is appropriated from

5 water development account I to the commission four million

6 three hundred sixty-one thousand seven hundred dollars

7 ($4,361,700.00) or as much thereof as is necessary to carry

8 out the purpose of this subsection. Unexpended funds

9 appropriated under this subsection shall revert to water

10 development account I on July 1, 2025;

11

12 (vii) Special conditions: The sponsor is

13 responsible for acquiring thirty-three percent (33%) of the

14 total project budget from other sources.

15

16 (c) Project – Cheyenne Transmission, Pump Station and

17 Tank 2020:

18

19 (i) Project sponsor: City of Cheyenne Board of

20 Public Utilities;

21




0.3

5 [Bill Number]

1


3 construction of a tank, transmission pipelines and

4 appurtenances necessary to make the project function in the

5 manner intended;

6

7 (iv) Total project budget: Twelve million three

8 hundred sixty thousand dollars ($12,360,000.00);

9





14 construction of the project an amount not to exceed eight

15 million two hundred eighty-one thousand two hundred dollars

16 ($8,281,200.00) or sixty-seven percent (67%) of the actual

17 development costs, whichever is less;

18


20 water development account I to the commission eight million

21 two hundred eighty-one thousand two hundred dollars




0.3

6 [Bill Number]



3



6 total project budget from other sources;

7

8 (d) Project – Cloud Seeding Medicine Bow Mountains

9 2020-2021:

10

11 (i) Project sponsor: The state of Wyoming;

12

13 (ii) Project purpose: To enhance the winter

14 snowpack in the Medicine Bow, Sierra Madre and Laramie

15 Mountain Ranges;

16

17 (iii) Project description: Conduct an

18 operational winter snowpack augmentation program during the

19 2020-2021 fall, winter and spring seasons;

20

21 (iv) Total project budget: Seven hundred fifty

22 thousand dollars ($750,000.00);

23


0.3

7 [Bill Number]

1 (v) Appropriation: There is appropriated from

2 water development account I to the Wyoming water

3 development office seven hundred five thousand dollars

4 ($705,000.00) or as much thereof as is necessary to carry




8

9 (vi) Special conditions:

10

11 (A) The Wyoming water development office

12 shall manage and provide oversight of the program. Five

13 thousand dollars ($5,000.00) of the total appropriation is

14 allocated for this purpose;

15

16 (B) The Wyoming water development office

17 shall acquire funding commitments from Wyoming water users

18 or other interested parties for operational costs which

19 exceed project appropriation;

20

21 (C) The Wyoming water development office is

22 authorized to enter into contracts with Colorado

23 organizations to extend aerial weather modification efforts


0.3

8 [Bill Number]

1 into Colorado provided these organizations pay one hundred

2 percent (100%) of the additional costs associated with

3 operations in Colorado.

4

5 (e) Project – Cloud Seeding Wind River Mountains

6 2020-2021:

7

8 (i) Project sponsor: The state of Wyoming;

9

10 (ii) Project purpose: To enhance the winter

11 snowpack in the Wind River Mountain Range;

12

13 (iii) Project description: Conduct an

14 operational winter snowpack augmentation program during the

15 2020-2021 fall, winter and spring seasons;

16

17 (iv) Total project budget: Five hundred thirty


19

20 (v) Appropriation: There is appropriated from

21 water development account I to the Wyoming water

22 development office two hundred thousand dollars

23 ($200,000.00) or as much thereof as is necessary to carry


0.3

9 [Bill Number]




4

5 (vi) Special conditions:

6

7 (A) The Wyoming water development office

8 shall manage and provide oversight of the program. Five

9 thousand dollars ($5,000.00) of the total appropriation is

10 allocated for this purpose;

11

12 (B) The state of Wyoming shall participate

13 at a rate up to thirty-seven percent (37%) of actual

14 project operations costs not to exceed one hundred ninety-

15 five thousand dollars ($195,000.00);

16

17 (C) Prior to commencing project operations,

18 the Wyoming water development office shall acquire funding

19 commitments from other Colorado River basin water users or

20 other interested parties for a minimum of sixty-three

21 percent (63%) of actual project operations costs;

22


0.3

10 [Bill Number]

1 (D) If the project is cancelled, the

2 Wyoming water development office is authorized to use the

3 appropriated funds to remove weather modification equipment

4 and reclaim project sites.

5

6 (f) Project – Gillette Regional Extensions – Phase V

7 2020:

8

9 (i) Project sponsor: City of Gillette;

10



13




17 intended;

18

19 (iv) Total project budget: Four million six


21




0.3

11 [Bill Number]



3 construction of the project an amount not to exceed three

4 million eighty-eight thousand seven hundred dollars



7


9 water development account I to the commission three million

10 eighty-eight thousand seven hundred dollars ($3,088,700.00)

11 or as much thereof as is necessary to carry out the purpose

12 of this subsection. Unexpended funds appropriated under

13 this subsection shall revert to water development account I

14 on July 1, 2025;

15




19

20 (g) Project – Glenrock Transmission Pipeline 2020:

21

22 (i) Project sponsor: Town of Glenrock;

23


0.3

12 [Bill Number]



3




7 intended;

8

9 (iv) Total project budget: One million four

10 hundred thirty thousand dollars ($1,430,000.00);

11





16 construction of the project an amount not to exceed nine

17 hundred fifty-eight thousand one hundred dollars

18 ($958,100.00) or sixty-seven percent (67%) of the actual


20


22 water development account I to the commission nine hundred

23 fifty-eight thousand one hundred dollars ($958,100.00) or


0.3

13 [Bill Number]

1 as much thereof as is necessary to carry out the purpose of

2 this subsection. Unexpended funds appropriated under this

3 subsection shall revert to water development account I on

4 July 1, 2025;

5




9

10 (h) Project – Guernsey Transmission Pipeline 2020:

11

12 (i) Project sponsor: Town of Guernsey;

13



16

17 (iii) Project description: Design of

18 transmission pipelines, water tank upgrades and


20 manner intended;

21

22 (iv) Total project budget: Three million eighty

23 thousand dollars ($3,080,000.00);


0.3

14 [Bill Number]

1





6 construction of the project an amount not to exceed two

7 million sixty-three thousand six hundred dollars



10


12 water development account I to the commission two million

13 sixty-three thousand six hundred dollars ($2,063,600.00) or




17 July 1, 2025;

18




22


0.3

15 [Bill Number]

1 (j) Project – Newcastle Water System Improvements

2 2020:

3

4 (i) Project sponsor: City of Newcastle;

5



8


10 construction of pumping facility upgrades and appurtenances


12 intended;

13

14 (iv) Total project budget: One hundred seventy


16





21 construction of the project an amount not to exceed one

22 hundred thirteen thousand nine hundred dollars


0.3

16 [Bill Number]



3


5 water development account I to the commission one hundred

6 thirteen thousand nine hundred dollars ($113,900.00) or as

7 much thereof as is necessary to carry out the purpose of



10 July 1, 2025;

11




15

16 (k) Project – Northwest Rural Water System

17 Improvements 2020:

18

19 (i) Project sponsor: Northwest Rural Water

20 District;

21




0.3

17 [Bill Number]

1


3 construction of pumping facility upgrades and appurtenances


5 intended;

6

7 (iv) Total project budget: One million ten

8 thousand dollars ($1,010,000.00);

9





14 construction of the project an amount not to exceed six

15 hundred seventy-six thousand seven hundred dollars



18


20 water development account I to the commission six hundred

21 seventy-six thousand seven hundred dollars ($676,700.00) or




0.3

18 [Bill Number]


2 July 1, 2025;

3




7

8 (m) Project – Sheridan Area Water Supply Transmission

9 2020:

10

11 (i) Project sponsor: Sheridan Area Water Supply

12 Joint Powers Board;

13



16




20 intended;

21

22 (iv) Total project budget: Four million six

23 hundred thirty thousand dollars ($4,630,000.00);


0.3

19 [Bill Number]

1






7 million one hundred two thousand one hundred dollars



10


12 water development account I to the commission three million

13 one hundred two thousand one hundred dollars





18




22


0.3

20 [Bill Number]

1 99-3-2504. Level III construction projects –

2 rehabilitation.

3

4 (a) Authorization is granted for the Level III

5 rehabilitation construction projects identified in this

6 section subject to the general conditions specified in W.S.

7 99-3-104, provided that W.S. 99-3-104(a)(iii) shall not

8 apply to the projects identified in this section unless

9 required by W.S. 41-2-121.

10

11 (b) Project – Big Horn Canal Irrigation District

12 Wasteway/Check Replacement 2020:

13

14 (i) Project sponsor: Big Horn Canal Irrigation

15 District;

16

17 (ii) Project purpose: Agricultural water supply;

18


20 construction of a wasteway/check replacement structure and


22 manner intended;


0.3

21 [Bill Number]

1

2 (iv) Total project budget: One million six

3 hundred sixty thousand dollars ($1,660,000.00);

4


6 grant to the sponsor from water development account II




10 million one hundred twelve thousand two hundred dollars



13

14 (vi) Project loan: The state of Wyoming shall

15 loan to the sponsor from water development account II



18 construction of the project an amount not to exceed five

19 hundred forty-seven thousand eight hundred dollars

20 ($547,800.00) or thirty-three percent (33%) of the actual

21 development costs, whichever is less, for a term of thirty

22 (30) years from the date the commission determines that


0.3

22 [Bill Number]

1 project benefits accrue to the sponsor, at an annual

2 interest rate of four percent (4%);

3

4 (vii) Appropriation: There is appropriated from

5 water development account II to the commission one million

6 six hundred sixty thousand dollars ($1,660,000.00) or as



9 subsection shall revert to water development account II on

10 July 1, 2025;

11

12 (c) Project – Cottonwood Irrigation District

13 Transmission Pipeline 2020:

14

15 (i) Project sponsor: Cottonwood Irrigation

16 District;

17


19


21 construction of replacement transmission pipelines and


0.3

23 [Bill Number]


2 manner intended;

3

4 (iv) Total project budget: One million five

5 hundred forty thousand dollars ($1,540,000.00);

6






12 million thirty-one thousand eight hundred dollars



15





20 construction of the project an amount not to exceed five

21 hundred eight thousand two hundred dollars ($508,200.00) or

22 thirty-three percent (33%) of the actual development costs,


0.3

24 [Bill Number]

1 whichever is less, for a term of forty (40) years from the

2 date the commission determines that project benefits accrue

3 to the sponsor, at an annual interest rate of four percent

4 (4%);

5



8 five hundred forty thousand dollars ($1,540,000.00) or as




12 July 1, 2025.

13

14 (d) Project – Deaver Irrigation District Frannie

15 Canal Drop Chute #1 2020:

16

17 (i) Project sponsor: Deaver Irrigation District;

18


20


22 construction of a replacement drop structure and


0.3

25 [Bill Number]


2 manner intended;

3

4 (iv) Total project budget: Two hundred ninety-

5 nine thousand six hundred ten dollars ($299,610.00);

6



9 through the commission for the purchase of project

10 materials as supported by vendor invoices and as approved

11 by the commission an amount not to exceed one hundred

12 sixty-six thousand two hundred dollars ($166,200.00) or one

13 hundred percent (100%) of the approved materials costs,

14 whichever is less;

15


17 water development account II to the commission one hundred

18 sixty-six thousand two hundred dollars ($166,200.00) or as




22 July 1, 2025;


0.3

26 [Bill Number]

1

2 (vii) Special conditions:

3

4 (A) The sponsor is responsible for all

5 project costs with the exception of the purchase of project


7 by the commission;

8

9 (B) The sponsor is responsible for retaining

10 professional engineering services to design the project,

11 compile materials and bidding documents and monitor

12 construction activities including the installation of

13 project components and the tracking of project

14 expenditures.

15

16 (e) Project – Dry Creek Irrigation District

17 Transmission Pipeline Replacement 2020:

18

19 (i) Project sponsor: Dry Creek Irrigation

20 District;

21


23


0.3

27 [Bill Number]


2 construction of replacement transmission pipelines and


4 manner intended;

5

6 (iv) Total project budget: One million three

7 hundred forty thousand dollars ($1,340,000.00);

8






14 hundred ninety-seven thousand eight hundred dollars



17







0.3

28 [Bill Number]

1 hundred forty-two thousand two hundred dollars


3 development costs, whichever is less, for a term of twenty




7



10 three hundred forty thousand dollars ($1,340,000.00) or as




14 July 1, 2025;

15

16 (viii) Special conditions: The appropriation of

17 funds for this project is contingent upon the transfer of

18 funds to water development account II as described in

19 section 3 of this act.

20

21 (f) Project – Eden Valley Irrigation and Drainage

22 District Farson Lateral 2020:


0.3

29 [Bill Number]

1

2 (i) Project sponsor: Eden Valley Irrigation and

3 Drainage District;

4


6




10 intended;

11

12 (iv) Total project budget: Three million seven

13 hundred seventy thousand dollars ($3,770,000.00);

14






20 million two hundred sixty-two thousand dollars

21 ($2,262,000.00) or sixty percent (60%) of the actual



0.3

30 [Bill Number]

1


3 water development account II to the commission two million

4 two hundred sixty-two thousand dollars ($2,262,000.00) or




8 July 1, 2025;

9


11

12 (A) The sponsor is responsible for

13 acquiring forty percent (40%) of the total project budget

14 from other sources;

15

16 (B) The appropriation of funds for this

17 project is contingent upon the transfer of funds to water

18 development account II as described in section 3 of this

19 act.

20

21 (g) Project – Enterprise Watershed Improvement

22 District Canal Lining 2020:


0.3

31 [Bill Number]

1

2 (i) Project sponsor: Enterprise Watershed

3 Improvement District;

4


6




10 intended;

11

12 (iv) Total project budget: Six hundred ten


14






20 hundred eight thousand seven hundred dollars ($408,700.00)

21 or sixty-seven percent (67%) of the actual development

22 costs, whichever is less;

23


0.3

32 [Bill Number]






6 hundred one thousand three hundred dollars ($201,300.00) or

7 thirty-three percent (33%) of the actual development costs,

8 whichever is less, for a term of fifty (50) years from the



11 (4%);

12


14 water development account II to the commission six hundred

15 ten thousand dollars ($610,000.00) or as much thereof as is

16 necessary to carry out the purpose of this subsection.

17 Unexpended funds appropriated under this subsection shall

18 revert to water development account II on July 1, 2025;

19

20 (h) Project – Kirby Ditch Irrigation District

21 Pipeline 2020:

22


0.3

33 [Bill Number]

1 (i) Project sponsor: Kirby Ditch Irrigation

2 District;

3


5




9 intended;

10

11 (iv) Total project budget: two million three


13






19 million five hundred forty-seven thousand seven hundred

20 dollars ($1,547,700.00) or sixty-seven percent (67%) of the


22


0.3

34 [Bill Number]





5 construction of the project an amount not to exceed seven

6 hundred sixty-two thousand three hundred dollars


8 development costs, whichever is less, for a term of thirty




12



15 three hundred ten thousand dollars ($2,310,000.00) or as




19 July 1, 2025;

20

21 (j) Project – Laramie Valley Diversion Structure

22 2020:


0.3

35 [Bill Number]

1

2 (i) Project sponsor: Laramie Valley Municipal

3 Irrigation District;

4


6


8 construction of a replacement diversion dam structure and


10 manner intended;

11

12 (iv) Total project budget: One million one

13 hundred fifty thousand dollars ($1,150,000.00);

14





19 construction of the project an amount not to exceed seven

20 hundred seventy thousand five hundred dollars ($770,500.00)

21 or sixty-seven percent (67%) of the actual development

22 costs, whichever is less;


0.3

36 [Bill Number]

1






7 hundred seventy-nine thousand five hundred dollars


9 development costs, whichever is less, for a term of twenty




13



16 one hundred fifty thousand dollars ($1,150,000.00) or as




20 July 1, 2025;

21

22


0.3

37 [Bill Number]

1 (k) Project – Savery-Little Snake River Water

2 Conservancy District Savery Creek Diversion 2020:

3

4 (i) Project sponsor: Savery-Little Snake River

5 Water Conservancy District;

6


8


10 construction of a replacement diversion structure, head

11 gate and appurtenances necessary to make the project

12 function in the manner intended;

13

14 (iv) Total project budget: Four hundred fifty


16






22 hundred one thousand five hundred dollars ($301,500.00) or


0.3

38 [Bill Number]

1 sixty-seven percent (67%) of the actual development costs,

2 whichever is less;

3


5 water development account II to the commission three

6 hundred one thousand five hundred dollars ($301,500.00) or




10 July 1, 2025.

11




15

16 (m) Project – Sidon Irrigation District Sidon Canal

17 2020:

18

19 (i) Project sponsor: Sidon Irrigation District;

20


22


0.3

39 [Bill Number]




4 intended;

5

6 (iv) Total project budget: One million seven

7 hundred fifty-three thousand eight hundred fifty-seven

8 dollars ($1,753,857.00);

9



12 through the commission for the purchase of project


14 by the commission an amount not to exceed one million sixty

15 thousand dollars ($1,060,000.00) or one hundred percent

16 (100%) of the approved materials costs, whichever is less;

17



20 sixty thousand dollars ($1,060,000.00) or as much thereof

21 as is necessary to carry out the purpose of this

22 subsection. Unexpended funds appropriated under this


0.3

40 [Bill Number]


2 July 1, 2025;

3


5

6 (A) The sponsor is responsible for all

7 project costs with the exception of the purchase of project


9 by the commission;

10

11 (B) The sponsor is responsible for retaining

12 professional engineering services to design the project,

13 compile materials and bidding documents and monitor

14 construction activities including the installation of

15 project components and the tracking of project

16 expenditures.

17

18 99-3-2505. Sponsor’s contingency fund.

19

20 There are created the following sponsor’s

21 contingency funds:

22


0.3

41 [Bill Number]

1 (a) Project – Sponsor’s Contingency Funds – Account

2 III:

3

4 (i) Project sponsor: Any eligible sponsor;

5

6 (ii) Project purpose: Variable purpose water

7 storage projects;

8

9 (iii) Project description: The establishment of

10 a fund to provide supplemental funding for sponsor’s

11 existing Level III, dam and reservoir construction projects

12 where construction budgets have been rendered insufficient

13 due to change in conditions, inflation, or an unexpected

14 increase in material cost, change in materials or increase

15 in the quantities of materials necessary to complete the

16 project;

17

18 (iv) Total project budget: Ten million dollars

19 ($10,000,000.00);

20


22 grant to the sponsor from water development account III

23 through the commission sufficient supplemental funds which


0.3

42 [Bill Number]

1 may be used to complete the projects up to an amount not to

2 exceed the public benefits as computed by the commission;

3


5 loan to the sponsor from water development account III

6 through the commission sufficient supplemental funds which

7 may be used to complete the project up to an amount not to

8 exceed equal to the difference of the total project cost

9 and the grant, at an annual rate of four percent (4%);

10


12 water development account III to the commission ten million

13 dollars ($10,000,000.00) or as much thereof as is necessary

14 to carry out the purpose of this subsection. Unexpended

15 funds appropriated under this subsection shall revert to

16 water development account III on July 1, 2030;

17

18 (viii) Special conditions: The commission is

19 authorized to consider and approve supplemental funding to

20 complete existing water development program Level III

21 construction projects anytime during the calendar year.

22

23 [AMENDMENTS TO PRIOR PROJECTS]


0.3

43 [Bill Number]

1

2 Section 2. W.S. 99-3-1106(b)(iv) and (vii),

3 99-3-1403(m)(iv) through (vii) and (viii)(A), 99-3-

4 1603(f)(vii), 99-3-1903(g)(vii) and (k)(iv) through (vi),

5 99-3-1904 (m)(iv) through (vi), 99-03-2003(b)(vi), (d)(vi)

6 and (k)(vi), 99-3-2004(n)(vi), 99-3-2005(b)(vi), 99-3-

7 2205(d)(iv) through (vii) and (e)(iv) through (vii), 99-3-

8 2404(f)(iii) through (vi), 99-3-2406(p)(iii) through (vii)

9 are amended to read:

10

11 99-3-1106. Sponsor's contingency funds.

12

13 There are created the following sponsor's contingency

14 funds:

15

16 (b) Project – Sponsor's Contingency Fund –

17 Rehabilitation:

18

19 (iv) Total project budget: Two million dollars

20 ($2,000,000.00) Three million dollars ($3,000,000.00);

21




0.3

44 [Bill Number]

1 dollars ($2,000,000.00) three million dollars




5 development account II on July 1, 2025; and

6


8 development.

9

10 (m) Project – Riverton Water Supply:

11

12 (iv) Total project budget: Twelve Million eight

13 hundred thousand dollars ($12,800,000.00) Thirteen Million

14 nine hundred thousand dollars ($13,900,000.00);

15






21 million five hundred seventy-six thousand dollars

22 ($8,576,000.00) nine million three hundred thirteen


0.3

45 [Bill Number]

1 thousand dollars ($9,313,000.00) or sixty-seven percent

2 (67%) of the actual development costs, whichever is less;

3


5 loan to the sponsor from water development account I




9 million two hundred eighty thousand dollars ($1,280,000.00)

10 or ten percent (10%) nine and two-tenths percent (9.2%) of

11 the actual development costs, whichever is less, for a term

12 of twenty (20) years from the date the commission

13 determines project benefits accrue to the sponsor, at an

14 annual rate of four percent (4%);

15


17 water development account I to the commission nine million

18 eight hundred fifty-six thousand dollars ($9,856,000.00)

19 ten million five hundred ninety-three thousand dollars

20 ($10,593,000.00) or as much thereof as is necessary to

21 carry out the purpose of this subsection. Unexpended funds


23 development account I on July 1, 2020 2021.


0.3

46 [Bill Number]

1

2 (viii) Special conditions:

3 (A) The sponsor is responsible for acquiring

4 twenty-three percent (23%) twenty-three and eight tenths

5 percent (23.8%) of the total project budget from other

6 sources;

7


9 development.

10

11 (f) Project – GR/RS/SC Raw Water Reservoir:

12



15 two hundred eighty-two thousand dollars ($8,282,000.00) or




19 July 1, 2020 2022.

20


22 development.

23


0.3

47 [Bill Number]

1 (g) Project – Laramie North Side Tank:

2



5 five hundred three thousand dollars ($8,503,000.00) or as




9 July 1, 2020 2022.

10

11 (k) Project - Small Water Development Projects -

12 2014:

13

14 (iv) Total project budget: Nine million two

15 hundred thousand dollars ($9,200,000.00) Eleven million two

16 hundred thousand dollars ($11,200,000.00);

17


19 grant to sponsors from water development account I through

20 the commission for the design, permit procurement, project

21 land procurement, construction engineering and construction

22 of the project an amount not to exceed four million six

23 hundred thousand dollars ($2,600,000.00) five million six


0.3

48 [Bill Number]

1 hundred thousand dollars ($5,600,000.00) or fifty percent


3


5 water development account I to the commission four million

6 six hundred thousand dollars ($4,600,000.00) five million

7 six hundred thousand dollars ($5,600,000.00) or as much

8 thereof as is necessary to carry out the purpose of this

9 subsection. The funds appropriated shall not lapse at the

10 end of any fiscal period but shall carry over until

11 expended or reverted by the legislature to water

12 development account I;

13


15 rehabilitation.

16

17 (m) Project - Small Water Development Projects -

18 2014:

19

20 (iv) Total project budget: Three million six

21 hundred thousand dollars ($3,600,000.00) Four million six

22 hundred thousand dollars ($4,600,000.00);

23


0.3

49 [Bill Number]


2 grant to sponsors from water development account II through

3 the commission for the design, permit procurement, project

4 land procurement, construction engineering and construction

5 of the project an amount not to exceed one million eight

6 hundred thousand dollars ($1,800,000.00) two million three

7 hundred thousand dollars ($2,300,000.00) or fifty percent


9



12 eight hundred thousand dollars ($1,800,000.00) two million

13 three hundred thousand dollars ($2,300,000.00) or as much

14 thereof as is necessary to carry out the purpose of this

15 subsection. The funds appropriated shall not lapse at the

16 end of any fiscal period but shall carry over until

17 expended or reverted by the legislature to water

18 development account II;

19


21 development.

22

23 (b) Project – Arapahoe Pipeline and Tank:


0.3

50 [Bill Number]

1


3 water development account I to the commission one million

4 nine hundred twenty-six thousand nine hundred twenty




8 water development account I on July 1, 2020 2023.

9

10 (d) Project – Casper Zone II 2015:

11



14 seven hundred twenty-eight thousand six hundred dollars





19

20 (k) Project – Lower Nowood Water Supply:

21




0.3

51 [Bill Number]

1 six hundred ninety-six thousand nine hundred dollars





6


8 rehabilitation.

9

10 (n) Project – Wind River Irrigation Rehabilitation

11 2015:

12



15 four hundred eighty-two thousand one hundred twenty-one




19 water development account II on July 1, 2020 2022.

20

21 99-3-2005. Level III construction projects – Storage.

22


0.3

52 [Bill Number]

1 (b) Project – Sheridan Supplemental Storage Level

2 III:

3


5 water development account III to the commission five

6 million six hundred twenty-eight thousand dollars




10 development account III on July 1, 2020 2025;

11

12 99-3-2205. Level III construction projects – dams and

13 reservoirs.

14

15 (d) Project – Alkali Creek Reservoir:

16

17 (iv) Total project budget: Thirty-five million

18 dollars ($35,000,000.00) Fifty-nine million dollars

19 ($59,000,000.00);

20

21 (v) Project Grant: The state of Wyoming shall


23 through the commission for project land procurement,


0.3

53 [Bill Number]

1 construction engineering and construction of the project an

2 amount not to exceed thirty-two million nine hundred

3 thousand dollars ($32,900,000.00) fifty-six million nine

4 hundred thousand dollars ($56,900,000.00) or ninety-four

5 percent (94%) ninety six and four tenths percent (96.4%) of

6 the actual development costs, whichever is less;

7





12 amount not to exceed two million one hundred thousand

13 dollars ($2,100,000.00) or six percent (6%) three and six

14 tenths percent (3.6%) of actual development costs,

15 whichever is less, for a term of fifty (50) years from the



18 (4%);

19


21 water development account III to the commission thirty-five

22 million dollars ($35,000,000.00) fifty-nine million dollars


0.3

54 [Bill Number]




4 development account III on July 1, 2025;

5

6 (e) Project – Leavitt Reservoir Expansion:

7

8 (iv) Total project budget: Forty-one million

9 dollars ($41,000,000.00) Forty-six million dollars

10 ($46,000,000.00);

11

12 (v) Project Grant: The state of Wyoming shall




16 amount not to exceed thirty-nine million three hundred

17 nineteen thousand dollars ($39,319,000.00) forty-four

18 million three hundred nineteen thousand dollars

19 ($44,319,000.00) or ninety-five and nine tenths percent

20 (95.9%) ninety six and three tenths percent (96.3%) of the


22


0.3

55 [Bill Number]





5 amount not to exceed one million six hundred eighty-one

6 thousand dollars ($1,681,000.00) or four and one tenth

7 percent (4.1%) three and seven tenths percent (3.7%) of

8 actual development costs, whichever is less, for a term of

9 fifty (50) years from the date the commission determines

10 that project benefits accrue to the sponsor, at an annual


12


14 water development account III to the commission forty-one

15 million dollars ($41,000,000.00) forty-six million dollars




19 development account III on July 1, 2025;

20


22 development.


0.3

56 [Bill Number]

1

2 (f) Project – Lander Storage Tanks and Pump Station

3 2019:

4


6 construction of storage tanks, transmission pipelines,

7 pumping facilities and appurtenances necessary to make the

8 project function in the manner intended;

9

10 (iv) Total project budget: Three hundred forty

11 thousand dollars ($340,000.00) Five Million four hundred

12 fifty thousand dollars ($5,450,000.00);

13






19 hundred twenty-seven thousand eight hundred dollars

20 ($227,800.00) three million six hundred fifty-one thousand

21 five hundred dollars ($3,651,500.00) or sixty-seven percent


23


0.3

57 [Bill Number]


2 water development account I to the commission two hundred

3 twenty-seven thousand eight hundred dollars ($227,800.00)

4 three million six hundred fifty-one thousand five hundred




8 water development account I on July 1, 2024.

9


11 rehabilitation.

12

13 (p) Project – Wheatland Irrigation District Tunnel

14 Dam Rehabilitation 2019:

15


17 construction for rehabilitation of a diversion dam

18 structure and appurtenances necessary to make the project

19 function in the manner intended;

20

21 (iv) Total project budget: Three hundred eighty-

22 eight thousand dollars ($388,000.00) Five million five

23 hundred thirty-eight thousand dollars ($5,538,000);


0.3

58 [Bill Number]

1




5 and project land procurement, construction engineering and


7 hundred fifty-nine thousand nine hundred sixty dollars

8 ($259,960.00) three million seven hundred ten thousand four

9 hundred sixty dollars ($3,710,460.00) or sixty-seven

10 percent (67%) of the actual development costs, whichever is

11 less;

12




16 and project land procurement, construction engineering and


18 hundred twenty-eight thousand forty dollars ($128,040.00)

19 one million eight hundred twenty-seven thousand five

20 hundred forty dollars ($1,827,540.00) or thirty-three

21 percent (33%) of the actual development costs, whichever is

22 less, for a term of fifty (50) years from the date the


0.3

59 [Bill Number]

1 commission determines that project benefits accrue to the

2 sponsor, at an annual interest rate of four percent (4%);

3


5 water development account II to the commission three

6 hundred eighty-eight thousand dollars ($388,000.00) five

7 million five hundred thirty-eight thousand dollars

8 ($5,538,000) or as much thereof as is necessary to carry



11 development account II on July 1, 2024.

12

13 [Transfer of Funds]

14

15 Section 3. Pursuant to W.S. 99-99-1001(c), the

16 Wyoming water development commission has reviewed the

17 Buffalo Bill dam account and determined there to be seven

18 million dollars ($7,000,000.00) in funds in excess of that

19 amount needed to meet obligations of the Buffalo Bill dam

20 account as specified in W.S. 99-99-1001(e). The Wyoming

21 water development commission is hereby authorized to

22 transfer seven million dollars ($7,000,000.00) from the


0.3

60 [Bill Number]

1 Buffalo Bill dam account created by W.S. 99-99-1001(a)(ii)

2 to water development account II created by W.S.

3 41-2-124(a)(ii).

4

5 Section 4. This act is effective immediately upon

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

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

8 Constitution.

9

10 (END)

1

2020 RECOMMENDATION-CONSTRUCTION PROJECTS Project Name: Sponsor’s Contingency Funds – Account III Program: Dams and Reservoirs Project Type: Multipurpose County: Statewide Sponsor: WWDC Requested Funding: $ 10,000,000.00 WWDO Recommendation: Create Acct. III Contingency Funding Description: The WWDC would like to establish a fund to provide supplemental funding for sponsor’s existing Level III, dam and reservoir construction projects where construction budgets have been rendered insufficient due to change in conditions, inflation, or an unexpected increase in material cost, change in materials or increase in the quantities of materials necessary to complete the project. The WWDC would have authorization to consider such supplemental funding any time during the calendar year. Funds from the sponsor’s contingency account would cover costs exceeding the appropriation. The funds allocated to projects from this account would have a financing plan as determined by the WWDC on a project by project basis, considering a sponsor’s ability to pay and the public benefits provided by the project. The WWDO anticipates the need for the establishment of this fund due to continued growth in the construction sector and the complexity of dam construction. An increase in steel tariffs on goods and equipment used in the construction industry accounts for some of the potential cost volatility. Steel tariffs continue to affect the cost of steel products; however, American steel production has increased over the last few years reducing the amount of foreign steel used by manufacturers. Concrete costs are also directly affected by steel increases, as well as the availability of skilled labor. Additionally, PVC pipe prices can be significantly impacted by hurricanes along the gulf coast states where the majority of PVC pipe is manufactured. As PVC pipe availability decreases, due to manufacturing plants closing from storm damage, pipe prices may increase dramatically. Furthermore, dam construction can be complex, involving many engineering and scientific disciplines ranging from hydraulics and hydrology, to geology and geotechnical engineering, to structural and electrical engineering, down to biological sciences. With the many areas comes the potential for changing conditions as construction and broadscale excavation gets underway, requiring subsequent design modifications, which can lead to cost increases. The establishment of the Sponsor’s Contingency Funds for Account III will allow the WWDC to efficiently deal with such situations in timely manner.

MEMO To: Brandon Gebhart, Director, WWDO Bryan Clerkin, Deputy Director, Construction Division, WWDO From: Wade Verplancke, Project Manager Subject: Wind River Irrigation Rehabilitation 2015 Date: December 18, 2019 Project Appropriation: The Wind River Irrigation Rehabilitation 2015 Project is a Level III project authorized in 2015 Wyoming Session Laws, Chapter 23. The Eastern Shoshone Tribe & Northern Arapaho Tribe (Sponsor) are the sponsor and the purpose of the project was to continue the rehabilitation of the Wind River Irrigation System. The current appropriation is 67% grant in the amount of $1,482,121 for an estimated $2,212,121 project. The 33% share of the project is being provided Bureau of Indian Affairs (BIA). Project Description: The Wind River Irrigation System which is operated by the Bureau of Indian Affairs in in dire need of rehabilitation. Deferred maintenance has been estimated in the range of $90M by past studies. The tribes have taken on the task of rehabilitating the irrigation system in phases, this is Phase II of the rehabilitation efforts. The rehabilitation of the system will increase the efficiency of the irrigation project and as a result will allow for a longer more profitable growing season. Project Request: The sponsor recently completed the design of the last component to be replaced under this project, the Lateral 14b-44. This component was bid in early November and the prices far exceeded the budget. The sponsor is wanting to rebid the project in hopes of getting better costs. The sponsor is asking for a two-year extension in order to have time to rebid and to construct this final component. The sponsor is not asking for more funding for this project. The WWDO staff recommends that the Wyoming Water Development Commission approve a two-year time extension for the completion of this final component of the Wind River Irrigation Rehabilitation 2015 Project.

Mark Gordon Governor

Commissioners Gerald E. Geis Sheridan Little Clinton W. Glick Mike Purcell Ronald E. Kailey, Jr. Larry Suchor Mark Kot Rodney Wagner Kellen K. Lancaster Bill Yankee

Brandon L. Gebhart, P.E. Director

WYOMING WATER DEVELOPMENT OFFICE

6920 Yellowtail Road Cheyenne, WY 82002

Phone: (307) 777-7626

wwdc.state.wy.us

1

2020 RECOMMENDATION-CONSTRUCTION PROJECTS Project Name: Wind River Irrigation Rehabilitation 2015 Program: Rehabilitation Project Type: Irrigation County: Fremont Wind River Indian Reservation Sponsor: Eastern Shoshone Tribe & Northern Arapaho Tribe Sponsor’s Request: Time Extension Proposed Budget Increase: $0 WWDO Recommendation: Extend the reversion Previously Approved Budget: $ 1,482,121 date from July 1, 2020 to July 1, 2022.

WWDC Grant (67%)1 $ 1,482,121 Sponsor’s Share (33%) $ 730,000 Total $ 2,212,121

1 Not to exceed 67% of project eligible costs Project Manager: Wade Verplancke Project Description: The project design is complete for the final irrigation component (14b-44) and the sponsor received bids in excess of the funding. The sponsor will review the design and rebid the project in hopes of reducing the costs. As such, the sponsor is requesting a two-year time extension to complete the project.


0.6

1 [Bill Number]


INTRODUCTION

HOUSE BILL NO.

Instream flow application process.


A BILL

for

1 AN ACT relating to water; amending the instream flow

2 application process; requiring a hearing and providing for

3 an effective date.

4


6

7 Section 1. W.S. 41-3-1003(b) and (c) and 41-3-1004(b)

8 are amended to read:

9

10 41-3-1003. Game and fish commission; construction of

11 measuring devices; recommendations; permits; fees and

12 costs.

13


0.6

2 [Bill Number]

1 (b) The state game and fish commission may report

2 recommend to the water development commission annually

3 those specific segments of stream which the game and fish

4 commission considers to have the most critical need for

5 instream flows. The game and fish commission shall identify

6 the points on the stream at which the need for instream

7 flows begins and ends, the time of year when the flows are

8 most critical and a detailed description of the minimum

9 amount of water necessary to provide adequate instream

10 flows. Before submitting its recommendation to the water

11 development commission, the game and fish commission shall

12 hold a public meeting in the community closest to, or

13 within the same drainage as, any segments of stream for

14 which the game and fish commission is considering a

15 recommendation for instream flows. The recommendation of

16 instream flow segments to the water development commission

17 shall be accompanied by any written comments submitted and

18 a detailed written summary of the public meeting. The game

19 and fish commission shall provide notice of the public

20 meeting to:

21

22 (i) Landowners adjacent to any stream segment

23 recommended for instream flows;


0.6

3 [Bill Number]

1

2 (ii) Owners of appropriations which divert within

3 any stream segment recommended for instream flows; and

4

5 (iii) Secondary permit holders appropriating

6 stored water out of any reservoir the game and fish

7 commission anticipates being a source for any stream

8 segment recommended for instream flows.

9

10 (c) Upon receiving a recommendation from the game

11 and fish commission on the need for instream flows on

12 specific segments of stream, the water development

13 commission shall review any written comments submitted and

14 the written public meeting summary. After considering the

15 public input received, the water development commission

16 shall may file applications in the name of the state of

17 Wyoming for permits to appropriate water for instream flows

18 in those segments of stream recommended by the game and

19 fish commission. The state engineer shall not grant any

20 permits to appropriate or store water for instream flows

21 prior to the completion of the study provided by W.S.

22 41-3-1004 or prior to the hearing required by W.S.

23 41-3-1006. Fees and costs of the commission associated with


0.6

4 [Bill Number]

1 permit applications and adjudication of water rights shall

2 be borne by the game and fish commission.

3

4 41-3-1004. Water development commission to determine

5 storage feasibility; report to the game and fish commission

6 and the legislature.

7

8 (b) The water development commission shall make a

9 report its findings to the game and fish commission and to

10 the legislature outlining their findings during its next

11 general session.

12

13 Section 2. This act is effective July 1, 2020.

14

15 (END)


0.5

1 [Bill Number]


INTRODUCTION

HOUSE BILL NO.

Emergency water projects account.


A BILL

for

1 AN ACT relating to funding for emergency water projects;

2 creating an emergency water projects account; authorizing

3 emergency water project funding; providing a continuous

4 appropriation; and providing for an effective date.

5


7

8 Section 1. W.S. 41-2-124 by creating a new subsection

9 (f) is amended to read:

10

11 41-2-124. Accounts created; unexpended balance.

12


0.5

2 [Bill Number]

1 (f) There is created the emergency water

2 projects account. Funds in the account are continuously

3 appropriated to the water development commission for the

4 purpose of funding emergency water projects as authorized

5 by this subsection. The commission shall adopt rules

6 providing for eligibility, procedures and criteria for the

7 application and award of funds from the emergency water

8 projects account. The total amount awarded under this

9 subsection shall not exceed three million dollars

10 ($3,000,000.00) per fiscal biennium. The maximum grant

11 amount awarded for each emergency project shall not exceed

12 seventy-five percent (75%) of the total emergency project

13 costs, the remaining twenty-five percent (25%) may be

14 funded by the commission in the form of a loan. The

15 commission shall include any emergency water project grant

16 or loan amount when calculating the maximum allowable grant

17 under 41-2-121(a)(ii)(I) for a subsequent water development

18 project involving the same entity and project components.

19 All emergency water projects account funds awarded under

20 this subsection shall be approved by the governor prior to

21 the release of funds.

22


0.5

3 [Bill Number]

1 Section 2. There is appropriated three million

2 dollars ($3,000,000.00) from water development account I,

3 as created by W.S. 41-2-124(a)(i), to the emergency water

4 projects account for the purpose of funding emergency water

5 projects.

6


8

9 (END)


0.3

1 [Bill Number]


INTRODUCTION

SENATE FILE NO.

Permit not required for using a de minimis amount of water.

Sponsored by: SDraft Committee

A BILL

for

1 AN ACT relating to water; eliminating permitting

2 requirements for the beneficial use of a de minimis amount

3 of water; and providing for an effective date.

4


6

7 Section 1. W.S. 41-4-501(a) is amended to read:

8

9 41-4-501. Permit required prior to construction of

10 ditches, canals or other distributing works; contents of

11 application; unlawful diversion or use of water prohibited;

12 rulemaking authority.

13


0.3

2 [Bill Number]

1 (a) Any person, association or corporation hereafter

2 intending to acquire the right to the beneficial use of the

3 public water of the state of Wyoming shall, before

4 commencing the construction, enlargement or extension of

5 any ditch, canal or other distributing works, or performing

6 any work in connection with said construction, or proposed

7 appropriation, make an application to the state engineer

8 for a permit to make such appropriation. Such application

9 must set forth the name and post-office address of the

10 applicant, the source of the water supply, the nature of

11 the proposed use, the location and description of the

12 proposed ditch, canal or other work, the time within which

13 it is proposed to begin construction, the time required for

14 completion of construction and the time required for the

15 complete application of the water to the proposed use. The

16 beneficial use of less than one-half (1/2) acre-foot of

17 water, through the construction of not more than ten (10)

18 temporary structures within one-quarter (1/4) mile of any

19 perennial, intermittent or ephemeral stream segment, shall

20 not require an application to the state engineer for a

21 permit to appropriate water under this subsection. Any

22 person who shall willfully divert or use water to the

23 detriment of others without compliance with law shall be


0.3

3 [Bill Number]

1 deemed guilty of a misdemeanor punishable pursuant to W.S.

2 41-3-616.

3


5

6 (END)


0.1

1 [Bill Number]


INTRODUCTION

SENATE FILE NO.

State Engineer Qualifications.

Sponsored by: SDraft Committee

A BILL

for

1 AN ACT relating to repealing the statutory qualifications

2 for being the state engineer; and providing for an

3 effective date.

4


6

7 Section 1. W.S. 9-1-901 is repealed.

8


10

11 (END)

PROJECT: SPONSOR:


WWDC MANAGER:

FUNDING

WWDC Appropriation: 291,000.00$ 79.5% WWDC Account: Account IIWWDC Grant Amount: 245,220.00$ 67.0% Session Law: 2019WWDC Loan Amount: 45,780.00$ 12.5% Reversion Date: July 1 2024

Funding Source #2: Smart WaterAmount: 75,000.00$ 20.5%

Total Project Budget: 366,000.00$ 100.0%

ENGINEERING

Engineer: Western Heritage Agreement Date: Apr-24-2019Design Fee: 38,575.00$ Construction Fee: 21,400.00$ Total Fee: 59,975.00$

CONSTRUCTION

Bid Opening Date: Novemember 27 2019 Number of Bids: 2Low Bidder: Copper Mountain Irrigation LLC Range of Bids: 228K-361KEngineer's Estimate: 225,200.00$ Agreement Date: Dec-11-2019Contractor Amount: 228,100.00$ Construction Time: 3 months

MISCELLANEOUS COSTS (Easements, Permits, Title Of Opinion, Title Search etc.)

Misc. Costs

PROJECT CLOSEOUT

Final Project Cost: Date:WWDC Funding Share:Other Funding Sources:WWDC Reverted Funding:

PROJECT STATUS

Jason Fernandez, P.E.

This project has advanced to the construction phase.

WYOMING WATER DEVELOPMENT COMMISSIONLEVEL III CONSTRUCTION REPORT

January-2020

Bluff/Upper Bluff System Improvemnts 2019 Bluff/Upper Bluff Irrigation District

Pump replacement in Pumping Plant No. 1 and construction of variable frequency drives (VFDs).

PROJECT: SPONSOR:


WWDC MANAGER:

FUNDING

WWDC Appropriation: 1,628,000.00$ 100.0% WWDC Account: IIWWDC Grant Amount: 1,090,760.00$ 67.0% Session Law: 2019WWDC Loan Amount: 537,240.00$ 33.0% Reversion Date: 2024

Funding Source #2:Amount: -$ 0.0%

Total Project Budget: 1,628,000.00$ 100.0%

ENGINEERING

Engineer: Sunrise Engineering, Inc. Agreement Date: Apr-24-2019Design Fee: 112,600.00$ Construction Fee: 114,800.00$ Total Fee: 227,400.00$

CONSTRUCTION

Bid Opening Date: Sep-26-2019 Number of Bids: 3Low Bidder: Kilroy, LLC Range of Bids: $778-991KEngineer's Estimate: 1,082,600.00$ Agreement Date: Oct-03-2019Contractor Amount: 777,990.00$ Construction Time: 90 days


Misc. Costs

PROJECT CLOSEOUT


PROJECT STATUS

Sol Brich, E.I.T.

Sunrise Engineering, Inc. completed the design, and the project was bid in September. The project construction was awarded to Kilroy, LLC, and construction began in October. Lateral LN-4 and appurtenances were installed in the Fall of 2019, and lateral LN-5 is scheduled to be replaced in the Spring of 2020; which will complete the project.


January-2020

Dry Creek ID Rehabilitation 2019 Dry Creek Irrigation District

Replacement of steel irrigation pipelines due to corrosion .

PROJECT: SPONSOR:


WWDC MANAGER:

FUNDING

WWDC Appropriation: 994,950.00$ 67.0% WWDC Account: IWWDC Grant Amount: 994,950.00$ 67.0% Session Law: 2017WWDC Loan Amount: -$ 0.0% Reversion Date: 2022

Funding Source #2: Town of WheatlandAmount: 490,050.00$ 33.0%

Total Project Budget: 1,485,000.00$ 100.0%

ENGINEERING

Engineer: Engineering Associates Agreement Date: Oct-17-2017Design Fee: 82,590.00$ Construction Fee: 120,780.00$ Total Fee: 203,370.00$

CONSTRUCTION

Phase 1 - WellsBid Opening Date: Nov-29-2018 Number of Bids: 4Low Bidder: D.C. Drilling, Inc. Range of Bids: $429K to $757KEngineer's Estimate: 544,050.00$ Agreement Date: Dec-11-2019Contractor Amount: 429,390.00$ Construction Time: 120

Phase 2 - Pipelines and Well HousesBid Opening Date: Nov-21-2019 Number of Bids: 6Low Bidder: High Plains Construction Range of Bids: $597K to $1.3MEngineer's Estimate: 782,580.00$ Agreement Date:Contractor Amount: 597,353.00$ Construction Time: 120


Misc. Costs

PROJECT CLOSEOUT


PROJECT STATUS

William Brewer, P.E., P.G.

The work to construct new well houses and connect the new wells into the water system has just started. Final completion is expected in the spring of 2020.


January-2020

Wheatland Wells 2017 Town of Wheatland

Drill two replacement wells, each approximately 600 feet deep; two new wellhouses; pipelines to connect the new wells to the transmission system; and abandonment of old wells.

2020 WWDC/SWC MEETING SCHEDULE (Sept 2019)

Date Day Program Item

JANUARY January 8-9, 2020 Wed-Thur WWDC Workshop/Meeting (Final Funding Recs, Review draft bills) (Cheyenne)

January 10, 2020 Friday Select Water Committee Meeting (Review draft bills) (Cheyenne)

__________________________________________________________________________________

MARCH March 19, 2020 Thursday WWDC Workshop (Cheyenne)

March 20, 2020 Friday WWDC Meeting (Election of Officers, Level I, II III, SWPP contract approval)

__________________________________________________________________________________ MAY May 14, 2020 Thursday WWDC/SWC Workshop (Cheyenne) May 15, 2020 Friday WWDC/SWC Joint Meeting, (New Level I & II Apps Review/Approval, SRF-IUP) __________________________________________________________________________________ AUGUST August 12-14, 2020 Wed-Fri WWDC/SWC Workshop/Summer Tour/Meeting (TBD) __________________________________________________________________________________ OCTOBER October 6-8, 2020 Tues-Thurs Consultant Selection Interviews (Cheyenne) October 9, 2020 Friday WWDC Meeting, Selection Approval (Cheyenne) __________________________________________________________________________________ NOVEMBER November 4, 2020 Wednesday WWDC/SWC Workshop (Casper) November 5-6, 2020 Thurs-Fri WWDC/SWC Joint Meeting (Preliminary Funding Recs prior to WyoLeg) (Casper) ____________________________________________________________________ DECEMBER

December 9-10, 2020 Wed-Thurs WWDC Workshop/Meeting – Review draft bills (Cheyenne)

December 11, 2020 Friday SWC – Review draft bills (Cheyenne)