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2002 LEGISLATIVE REPORT
General Comments/Overview/Executive Summary
December 31, 2001
IV. Situation Analysis
Each year precipitation events and runoff generate an average of 16 million acre-feet of surface
water within the State of Wyoming. An additional 2 million acre-feet of stream flow originates
from other states. Of this 18 million acre feet of surface water, Wyoming is entitled under the
various interstate river compacts and court decrees to use or consume approximately 4 million acre
feet per year. Presently, the state uses 2.8 million acre-feet of surface water. Therefore,
approximately 1.2 million acre-feet of surface water remain available for Wyoming's future use.
The water demands of downstream states are increasing as these states approach or exceed the limits
of their water entitlements. Consequently, Wyoming may expect requests for variances or challenges
to the historic interpretations of the compacts and decrees that guarantee Wyoming a share of water
originating in the state. Further, the federal government is seeking water to resolve endangered
species and environmental issues that are occurring downstream.
Court decisions have validated the position that water entitlements are best protected by beneficial
use. Unfortunately, Wyoming's water resources are not always located where they are needed. The
Wyoming Water Development Program serves to provide and rehabilitate the infrastructure to deliver
water to the people with water supply problems, and to promote the effective and efficient
management of the states water, thus maintaining Wyoming's entitlements.
The Wyoming Water Development Program provides long-term economic benefits to the State of
Wyoming by managing our water supplies for the existing and future needs of Wyoming's citizens.
Water availability is a key ingredient for development of a stable Wyoming economy.
Implementation of water management opportunities provides short-term economic benefits to the
state in the form of jobs, increased material and equipment sales, improved recreational and hunting
and fishing opportunities, and other indirect benefits to local and state economies.
The Wyoming Water Development Program has served to maintain Wyoming's water entitlements
and has assisted Wyoming citizens in meeting water management needs through planning and project
development. The program's sponsor list includes eight (8) counties, eighty-three (83) municipalities,
fifty-nine (59) water districts, fifty-three (53) irrigation districts, ten (10) joint power boards and
twenty-six (26) water user groups.
A. Program Status - Water Resource Development
In 1977, the revenue source that funds the New Development Program was established. In 1982, the
Governor proposed and the legislature implemented the framework for the present Water
Development Program. In 1983, the revenue stream that funds the Rehabilitation Program was
established. Since 1983 the program's water resource management activities have evolved to the
following:
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1. New Development Program
The New Development Program provides planning services and construction funds for the
infrastructure necessary to supply unused and/or unappropriated water to meet the present
and future needs of Wyoming and its citizens. Water supply and storage facilities such as
dams, diversion structures, groundwater wells and transmission pipelines are eligible for
consideration under the New Development Program. The New Development Program is
dedicated to the efficient and timely management of water resources, consistent with state
policy, Wyoming water laws, and the desires of the citizens of the state. The criteria for
scheduling new development projects is based on the general philosophy that effective
beneficial use of Wyoming's water will insure its preservation for use by Wyoming residents.
New development projects can proceed as sponsored projects or state projects.
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a. Sponsored Projects
The project sponsor may be a municipality, irrigation district, or other approved
assessment district that is a major beneficiary of the project. The project sponsor
must be willing and capable of financially supporting at least 25% of the project
development costs plus all operation and maintenance costs. Typically, sponsors
request project specific technical and financial assistance from the Wyoming Water
Development Commission through the application process. If the Commission
approves the application the project is assigned a study level. If the project is
determined to be technically and economically feasible and serves to meet a water
management need, the Commission may recommend that construction funding be
appropriated by the legislature.
The New Development Program provides the opportunity for sponsors to manage
their water resources to meet current and future needs, which will promote their
economic growth and stability. The program has a philosophy that water resource
management should be achieved through state and local partnerships. The sponsor
can complete a water management project with state funding assistance. The actual
loan/grant mix is based on WWDC funding criteria and the sponsor's ability to pay.
If the sponsor uses the water, the project basically belongs to the sponsor. However,
if there is the opportunity to sell water for other purposes, the sponsor and state
share in the revenues.
b. State Projects
A state project typically benefits more than one entity and is multipurpose in nature.
State projects often have difficult permitting or political issues that must be
addressed, such as endangered species issues, water quality impacts and/or
resistance from downstream states. The following is a listing and brief status of the
state projects:
- Buffalo Bill Enlargement. The project has been completed and stands ready
to meet future growth and development. The Buffalo Bill Enlargement has a firm
yield of 74,000 acre-feet at the mouth of the Shoshone River.
- Deer Creek Dam and Reservoir. The recent settlement of the Nebraska v
Wyoming lawsuit contains provisions that encourage the construction of the
Pathfinder Modification Project in lieu of the Deer Creek Dam and Reservoir
Project. If Pathfinder is modified as planned, it will provide North Platte
municipalities similar benefits as would have been provided by the Deer Creek
Project. Once the Pathfinder Modification Project is constructed, Wyoming will
release the Clean Water Act Section 404 permit for the Deer Creek Project.
- Little Snake River Valley Dam and Reservoir. This project was formerly
referred to as the Sandstone Project. After years of study and permitting work the
project is under construction and will be completed in 2004.
2. Rehabilitation Program
The Rehabilitation Program provides funding assistance for the improvement of water
projects completed and in use for at least fifteen (15) years. Improvements to insure dam
safety, decrease operation and maintenance costs, and provide a more efficient means of
using existing water supplies may be funded by the Rehabilitation Program. The program
insures that existing water supplies and supply systems remain effective and viable.
Rehabilitation projects are typically initiated by an application from a project sponsor. If the
application is deemed feasible and approved, the project is assigned a study level and can
proceed through construction. The project sponsor must be willing and capable of financially
supporting all operation and maintenance costs and at least 25% of the project
development costs. The actual loan/grant mix is based on WWDC funding criteria and the
sponsor's ability to pay.
B. Program Status -Water Resource Planning
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1. Water Investment Management
During the development of the Department of Commerce, the Wyoming Water Development
Commission (WWDC) was named as the successor agency to the Economic Development
and Stabilization Board for the administration of the state's investment in Buffalo Bill and
Fontenelle Reservoirs (Chapter 44 of the 1990 Session Laws). Subsequently, the state
acquired storage in Palisades Reservoir (Chapter 18 of the 1991 Session Laws).
As part of this administration the WWDC is responsible for insuring that the state's annual
loan payments and operation and maintenance obligations are met on these facilities.
In addition, the WWDC collects payments against outstanding project loans. Presently, all
project loan payments have been made. The WWDC also monitors potential water sales
from those completed projects in which the state retained limited partnerships.
2. Instream Flow
The Water Development Commission has two roles relative to the instream flow law. One is
assigned by statute ,and serving as the water planning and development agency for the state
implies the other.
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a. W.S. 41-3-1004 assigns the Commission the responsibility to prepare
feasibility reports for all instream flow permit applications. The reports are
hydrological analyses of the water availability in the reach of the stream to which
the applications apply. The analyses also quantify existing water rights above and
within these stream segments.
b. As the water planning and development agency, the Commission will also
review the instream flow requests to insure that they do not conflict with future
potential water development opportunities.
To date, eighty-two (82) applications for instream flow water rights have been prepared by
the Wyoming Game and Fish Department. As of December 31, 2000, the WWDC has
published seventy-seven (77) feasibility studies. The Wyoming Game and Fish Department
has indicated that it will be preparing four applications per year for instream flow water
rights.
3. Water Related Research
The Commission participates in research projects relative to water resource issues that are
not necessarily project specific but that may influence water resource management in
Wyoming. Many research projects gather information that is useful in addressing permitting
issues, environmental problems, etc.
The Commission has developed working relationships with the State Engineer's Office, the
U.S. Geological Survey and the University of Wyoming to conduct research on such water
related issues as hydrologic modeling, flushing flows, irrigation consumptive use
requirements, conveyance loss, and riparian zone management.
4. Basin Wide Planning
As the states water resource planning agency the WWDC identifies water related issues and
establishes the framework to resolve them and promote water resources management. As an
example, the WWDC develops basin-wide plans that identify water supply problems and
water development opportunities. Planning studies have been completed for Northeastern
Wyoming and the Big Horn River, Powder River, Tongue River, Upper Bear River, Upper
Green River, Upper Laramie River and Wind River Basins.
These basin wide plans, as well as the project specific evaluations, can be used to inventory
water supplies, estimate existing uses, and outline basin-wide water management strategies.
Chapter 81, 1999 Session Laws, authorized the Commission to implement and administer
the statewide water planning process. River Basin Plans for the Bear, Green/Little Snake,
Powder/Tongue, and Northeast Wyoming (Little Missouri, Belle Fourche, Cheyenne,
Niobrara) River Basin have been completed, and plans for the Wind/Bighorn and Snake/Salt
River Basins are currently underway. The WWDC anticipates completing the initial river
basin plans for all seven of the states major river basins by December 2004. At that time a
framework report will be prepared summarizing the States water resources, and the
planning staff will begin the process of updating each basin plan on five-year intervals with
the ongoing assistance of the Basin Advisory Groups. The Statewide Water Planning
Process will produce seven river basin plans and a current statewide water resources
database.
In order to maintain the original schedule, set in 1999, a request for authorization to begin
the final basin plan, the Platte, would need to be submitted to the 2002 Legislature.
However, the Attorney Generals office has requested the WWDC to postpone preparation
of the Platte basin plan for one year to allow them to finish implementation of the North
Platte Lawsuit settlement agreement. WWDC has agreed to this postponement, which will
delay completion of the Platte basin plan and the Framework Report by one year. It will also
set back initiation of the basin updates by one year.
The WWDC anticipates that an appropriation for consultant services for the North Platte
River Basin Plan will be requested in 2003. Following completion of all seven river basin
plans and the framework plan it is anticipated that the update process will begin, and smaller
funding requests will be submitted to the legislature in subsequent sessions.
5. Groundwater Grant Program
The 1981 Session of the Wyoming Legislature enacted W.S. 41-2-119 which authorized the
Water Development Commission to grant up to three million dollars to incorporated cities
and towns. These funds were to be utilized for feasibility studies and exploration programs
to evaluate the potential use of underground water for municipal purposes. Municipalities
were eligible to receive up to $200,000 in state funds, and were required to provide 10% of
total project costs in local matching funds. In 1984, the legislature amended W.S. 41-2-119
to add an additional one million dollars to the account and to increase the required local
match from 10% to 25%.
Municipalities are required to submit an application containing a detailed feasibility study of
the area where exploration is anticipated. If the data is sufficient to indicate a high
probability of locating water, the Commission can award funds for exploratory drilling. If
no feasibility study exists, or if existing data is judged inadequate, municipalities can apply
for funds to complete such a study. Approval of feasibility study funding also reserves a
specified amount to be used for exploratory drilling. If the funded study indicates a high
probability of locating groundwater, the Commission can authorize release of exploratory
drilling funds. If not, the Commission will terminate the project at that point and return the
earmarked exploratory drilling funds to the groundwater account for distribution to other
communities.
As of July 1, 2001, 37 municipalities had received assistance from the program. The
Wyoming Water Development Commission is recommending that the legislature provide an
additional $1,500,000 this session to continue funding the groundwater grant program and
include water and sewer districts and service and improvement districts as eligible program
participants. Currently, less than $50,000 is remaining in the program.
C. Program Funding
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1. Water Resource Development
The administrative costs of the Water Development Commission are approximately
$3,600,000 per biennium. These costs are included in the agency budget, which is
appropriated from Water Development Account No. 1. This amount does not include project
specific budgets, which are appropriated by the legislature as described in the following
paragraphs:
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a. Water Development Account No. 1
The New Development Program is funded by Water Development Account No. 1 [W.S.
41-2-124(a)(I)] which has received general fund appropriations
of $117,600,000, receives revenues from the severance tax distribution account, and
receives the accrued interest on the account's unspent balance. Legislative approval
must be granted prior to allocating water development account funds to a particular
project. Income from the tax and interest and payments for outstanding loans is
approximately $23,000,000 per year. The WWDC is committed to phase or delay
projects to insure its recommendations do not result in overruns of the account.
By enacting W.S. 16-1-301 the Legislature authorized the use of water development
account I and II funds to meet federal matching grant requirements through the year
2003. The federal capitalization grant and the states matching share will be used to
finance a "drinking water state revolving loan fund" (DWSRF) program. The
DWSRF program may be used to fund improvements to water treatment systems
and other Safe Drinking Water Act compliance issues. This program is not included
in the annual omnibus water bill. Water Development program funds are
appropriated automatically by statute to match 10% of the federal capitalization
grant.
b. Water Development Account No. 2
The Rehabilitation Program is funded by Water Development Account No. 2 [W.S.
41-2-124(a)(ii)] which receives revenues from the severance tax distribution account
and the interest accrued on the account's unspent balance. Legislative approval must
be granted prior to allocating water development account funds to a particular
project. Income from the tax and interest and payments for outstanding loans is
approximately $6,000,000 per year. In 1995 and 1999 requests for project funding
exceeded the funds available. The WWDC is committed to phase or delay projects
to insure its recommendations do not result in overruns of the account.
By enacting W.S. 16-1-301 the legislature authorized the use of water development
account I and II funds to meet federal matching grant requirements through the year
2003. The federal capitalization grant and the states matching share will be used to
finance a "drinking water state revolving loan fund" (DWSRF) program. The
DWSRF program may be used to fund improvements to water treatment systems
and other Safe Drinking Water Act compliance issues. This program is not included
in the annual omnibus water bill. Water Development Program funds are
appropriated automatically by statute to match 10% of the capitalization grant.
2. Water Resource Planning
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a. Water Investment Management
These activities are funded by the agency budget, which has historically been
appropriated from Water Development Account No. 1. However, as project
financial commitments on Fontenelle Reservoir cannot be met with existing
revenues from water sales, appropriations of $540,000 per biennium are needed to
meet loan payment and operation/maintenance obligations to the Bureau of
Reclamation.
b. Instream Flow
The WWDC requests $100,000 per biennium for consultant services for completion
of instream flow feasibility studies.
c. Water Related Research
Over the past ten years the budget for contract services for this work has been
reduced by the WWDC from $250,000 to $25,000 per biennium. In addition, the
state's involvement in recovery efforts for endangered species in the upper Colorado
River Basin is funded from this budget category, which costs approximately $69,000
per biennium. Research related expenditures authorized in the recent Omnibus
Water Bill -Planning have been $140,000 annually. However, to leverage
additional federal dollars, the Wyoming Water Development Commission is
recommending that the legislature appropriate an additional $60,000 this session to
match available United States Geological Survey research funds.
d. Basin Wide Planning
Depending on the complexity, basin wide planning studies cost between $200,000
and $1,500,000. Until recently much of Wyomings water planning information
was seriously out of date. To resolve this shortcoming, studies on the Bear,
Green/Little Snake, Northeast Wyoming, and the Powder/Tongue River Basins have
been completed. River basin plans for the Snake/Salt and Wind/Bighorn basins are
currently underway. The operation of the Water Resources Data System and other
necessary contract services costs approximately $750,000 per biennium.
e. Groundwater Grant Program
Of the $4,000,000 appropriation, less than $50,000 remains available for program
funding. Therefore, the Wyoming Water Development Commission is requesting
that the legislature appropriate an additional $1,500,000 in order to continue the
program. Administration costs of the program are minimal.
3. Other
The Wyoming legislature has periodically appropriated funds from the water development
accounts to fund the operation of state government, special projects, and litigation. As of
July 1, 2001, $122,286,755 has been expended from Water Development Accounts I and II
for these non-project purposes. In addition, through an executive order by the Governor the
interest income to be received by the accounts was diverted to the general fund for three
years, which impacted the accounts by approximately $41,284,873.
D. Program Evolution
In order to develop a strategic plan for the program, the history and future of the Wyoming Water
Development Program must first be considered. During the 1982 legislative session, funding was
requested for 28 projects. Over half of the projects included new dams or rehabilitation of existing
dams. By contrast, during the 1995 legislative session, construction funding was requested for 18
different projects. None of those projects included a dam.
While dam construction and rehabilitation remains an important element of the Water Development
Program, the number of dam projects will not be as great as other water development projects. To
date, seven new development dam projects and fourteen dam rehabilitation projects have been
completed. The Buffalo Municipal project (Tie Hack Dam and Reservoir), Sheridan's Twin Lakes
Dam and Reservoir, and the Greybull Valley Irrigation Districts Roach Gulch project have recently
been completed. The Water Development Office recently received the Clean Water Act, Section 404
Permit from the U.S. Army Corps of Engineers for the Little Snake River Valley Dam and Reservoir
project (High Savery), and construction is underway. The project is to be completed in 2004. Due to
provisions outlined in the settlement of the Nebraska v Wyoming lawsuit, the Pathfinder
Modification Project is expected to replace the Deer Creek Project. Other dams in the planning
process are the enlargement of Ray Lake Dam on the Little Wind River, storage on the Wind River
upstream of Riverton in Fremont County, the enlargement of Viva Naughton Reservoir, Church
Reservoir in the East Fork of the New Fork River drainage, and the Pathfinder Modification Project.
There are reasons the number of dams in the Water Development Program is less than originally
anticipated. The first and foremost reason is cost. It is very difficult for a project sponsor to
afford a
storage facility even with the most favorable financing terms available. Second, the federal
permitting processing is more costly, time consuming, and restrictive than it was in 1982. For
example, in 1985 the federal 404 permit for the Sulphur Creek Dam was obtained in nine months, at
a cost of approximately $50,000. In 1996, after three and one-half years, we received the 404 Permit
for the Buffalo Municipal Dam, a smaller and less complex project than the Sulphur Creek Dam.
The actual costs related to permit acquisition were approximately $650,000. New federal
requirements for wetlands mitigation, criteria involving purpose and need, and alternative analyses
are the major reasons for the increased costs.
The impact of federal requirements on the program can best be demonstrated by the history of the
Little Snake River Valley Dam and Reservoir Project (Sandstone Project). Originally, the WWDC
sought a 404 permit for a 52,000 acre foot reservoir that would yield 12,000 acre feet per year for
irrigation
purposes and 20,000 acre feet per year for future industrial use. The U.S. Army Corps of Engineers
denied the
permit using the argument that there was no specific defined use for 20,000
acre-feet of the water. The project did not meet the federal requirements for "purpose and need."
Therefore, according to personnel from the Army Corps of Engineers, the impacts to wetlands and
aquatic habitat resulting from the project were not warranted, no matter how well those impacts were
to be mitigated. This decision severely impacted the ability of the program to construct storage
projects and market water for future uses. More recently the federal agencies have determined,
based on their rules and regulations, that they can only issue permits for the "least environmentally
damaging alternative." Unfortunately, the federal interpretation of "purpose and need" tends to
ignore state goals and objectives such as increased recreation, hydropower production, instream flow
releases, and economic development. The result of this federal position is a predisposition toward
the construction of small, single purpose projects. If this position prevails, dam construction will
be limited to small, off-channel reservoirs
supplied by canals diverting water from streams and rivers. For example, the Greybull Valley Project,
intended as a supplemental agricultural water
supply, consists of a 30,000 acre foot off-channel reservoir supplied by a canal and diversion structure
on the Greybull River.
Another descriptor of the programs history is an analysis of how water development funds have
been spent over the past twenty-one years. The following is a breakdown of total program
expenditures from 1980 to June 30, 2001:
Based on the programs history and projections into the future, the following conclusions can be
made relative to the next five years:
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1. While the Water Development Program has provided assistance to a number of
agricultural projects, those projects have been relatively small in scope. The agricultural
industry is presently concentrating on preserving what they have, rather than developing new
supplies. With one exception, the Wyoming Water Development Program has not been
requested to assist in a water project that would place new lands under production. The
agricultural projects that rely on federal storage projects can expect financial impacts caused
by unfunded federal mandates relating to dam safety, water conservation, endangered
species, and environmental protection.
2. The major expenditures in the state project category have been for the state's share
of the construction of the Buffalo Bill Dam Enlargement and the repair and maintenance of
Fontenelle Dam. It is difficult to acquire the necessary federal permits and clearances for
construction of large mainstream dams and reservoirs. In addition, the costs associated with
construction of large mainstream dams are extremely high. For the short term, it is
anticipated that multi-purpose state project expenditures will be limited to enlargements of
existing facilities to replace storage lost due to silt accumulation, to construction of small
off channel reservoirs, and to
construction of other miscellaneous projects which serve more than one type of use, e.g. diversion
structures that provide water for irrigation
while simultaneously accommodating fishery needs.
3. The domestic category includes municipal and special district projects.
Municipalities and other public water systems have been the major beneficiaries of the
Wyoming Water Development Program. Communities must not only be concerned with the
quantity of water they can supply for culinary, irrigation, and fire flow purposes, but must
ensure that their water quality meets ever-changing EPA requirements. Further, as urban
populations increase, the amount of water communities must supply for public health and
welfare purposes must also increase. Municipalities need enough good quality water to meet
their existing demands and the demands of the increasing number of subdivisions presently
outside their corporate limits, as well as enough water to ensure future economic growth.
The Wyoming Water Development Program has been responsive to the needs of Wyoming
communities for the past 20 years, and while major municipal water supply projects have
been funded, demands on the program for municipal purposes will continue for the next five
years and beyond.
Special districts that provide domestic water are faced with the same EPA requirements as municipalities. As a result the Water Development Program is receiving an increasing number of requests for funding assistance from special districts. Wyoming's previously weak subdivision laws are partially to blame for this problem. Subdivisions served by shallow wells sometimes experience water quality problems caused by septic systems as population densities increase. The long-term solution is to improve the municipal water supply systems so they can be supportive in solving the problems of the surrounding subdivisions. In the short term it is apparent that the Wyoming Water Development Program will be receiving additional requests for funding assistance from special districts. However, the legislature enacted measures during the 2000 budget session that amended existing subdivision regulations to thoroughly address water and sewer health and safety needs. This action, coupled with improvement and expansion of municipal systems so they can be more supportive in solving water supply problems of the surrounding subdivisions, may provide the necessary long-term solutions for special districts.
4. Non-project expenditures relate to appropriations made from the water development
accounts to augment the general fund. For example, the agency budgets for the Water
Development Office, State Engineer's Office, and Water Resource Data System have been
appropriated from the water accounts. In addition, an appropriation was made to supplement
funding for education, and the state's costs for water related litigation is funded from the
water development accounts.
In summary, the scope of the Wyoming Water Development Program has changed over the past 20 years.
However, the program continues to serve the principle
that initiated the program; the effective and efficient use of water entitlements is necessary to
preserve Wyoming's water for Wyoming's future.
E. Program Operation
Originally, the State Engineer's Office Water Planning Program staffed the Interdepartmental Water
Conference, the predecessor to the Wyoming Water Development Commission. In 1979, the
Wyoming Water Development Commission was formed and an independent staff was developed.
This move was made to streamline the administration of the program and make it more effective.
The statutory authority for the Wyoming Water Development Program is vested with the ten-
member Wyoming Water Development Commission (WWDC), which meets 8 to 12 times per year.
The program is administered through the Wyoming Water Development Office (WWDO), which
includes a director, 18 staff members, and one contract employee. Over the past five years, the
commission and staff have overseen and administered project expenditures averaging approximately
$30 million dollars per year.
The Wyoming legislature has periodically increased the responsibilities of the WWDC and WWDO.
In 1986 the administration of the construction of water development projects was transferred from
the Department of Economic Planning and Development (DEPAD) to the WWDC. Also in 1986,
the legislature made the WWDC an integral party to the administration of the instream flow law. In
1991 the management of the state's water investments was transferred from the Economic
Development and Stabilization Board to the WWDC. In 1999 the legislature authorized 3 additional
staff to conduct river basin planning.
The Wyoming Water Development Office includes a Planning Division, a Basin Planning Division,
and a Construction Division. An administrator, who also assists with project management, oversees
each division. The Planning, Basin Planning, and Construction divisions each have four project
managers who are responsible for day-to-day project administration and special projects. The
Planning Division serves to administer project studies (Level I Reconnaissance Studies and Level II
Feasibility Studies), assists the Director and WWDC in making funding recommendations, and
performs the planning functions of the agency. The operation of the Planning Division is guided by
the Operating Criteria of the Wyoming Water Development Program. The Basin Planning
Division administers basin planning studies, assists the Director and the WWDC in making funding
recommendations, and performs the basin planning functions of the agency. The Construction
Division serves to administer Level III construction projects. The operation of the Construction
Division is guided by the Operating Criteria of the Construction Division, Wyoming Water
Development Office. The Director is responsible for the operation of the entire program, serves as
the contact with the WWDC, Governor, and legislature, and performs special assignments for the
Governor. A small fiscal control and secretarial staff support the Director, administrators, and
project managers.
Individual project administration has historically been the priority of the WWDO. However, because
of renewed interest in the statewide water planning process, additional staff has been authorized for
basin planning purposes. It is interesting to note that the number of projects within the program
determines the staff workload, as opposed to the level of the appropriations. Administering a small
project can be more time consuming than working on a larger project. The WWDC will continue to
use current technology to reduce administrative costs and to produce state-of-the-art plans and
projects.
The WWDC contracts with private sector consultants for the preparation of river basin plans and
project technical studies, such as Level I Reconnaissance Studies and Level II Feasibility Studies.
Further, the WWDC contracts with the project sponsors to serve as the lead agency during the Level
III Construction process. The project sponsors use private sector consultants for preparation of
project plans and specifications. They are also required to solicit bids from private contractors for
project construction.
While the statutes pertaining to the Wyoming Water Development Program provide guidance and the
framework for the program, they were intentionally meant to be very broad. The Wyoming Water
Development Commission was instructed by statute to develop the priorities, guidelines, and criteria
for the program. The "Operating Criteria of the Wyoming Water Development Program", developed
by the WWDC in consultation with the legislative Select Water Committee, serves this purpose.
The criteria is reviewed on an annual basis to ensure it directs the program in an efficient and
effective manner, and continues to address the needs of Wyoming in a manner consistent with
available program resources.
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