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1999 LEGISLATIVE REPORT
Wyoming Water Development Program - Strategic Plan
December 31, 1998
IV. Situation Analysis
Wyoming generates an average of 16 million acre feet of surface
water within its boundaries each year. An additional 2 million
acre feet of water is received through streamflow from other
states. Of this 18 million acre feet of water, Wyoming is
entitled, under the various interstate river compacts and court
decrees, which divide the water among the states, to use or
consume approximately 4 million acre feet per year. Presently,
the state uses 2.8 million acre feet of this water.
Approximately 1.2 million acre feet remains available for
Wyoming's future use.
The water now in use and the water available for future use are
assets of the State of Wyoming and its citizens. The Wyoming
Water Development Program is a valuable tool in maintaining these
assets. The water demands of downstream states are increasing as
these states approach or exceed 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
problems 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 use of the state's water, thus
maintaining Wyoming's entitlements.
The Wyoming Water Development Program provides long-term economic
benefits to the State of Wyoming by providing 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. The projects provide short-term economic
benefits to the state in the form of jobs, increased material and
equipment sales, 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 supply needs through planning and project
development. The program's clien list serve includes seven (7)
counties, seventy-eight (78) municipalities, fifty-seven (57)
water districts, fifty-one (51) irrigation districts, ten (10)
joint power boards, and nineteen (19) water user groups.
A. Program Status - Water Resource Development
In 1977, the revenue source which 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
which funds the Rehabilitation Program was established.
Since 1983, the program's water resource development
activities have evolved to the following:
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
expeditious development of water resources, consistent
with state policy, Wyoming water laws and the needs 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 Wyoming's
purposes. New development projects can proceed as
sponsored projects or state projects.
a. Sponsored Projects
The project sponsor is a municipality, irrigation
district, or other approved assessment district
which may be the 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 application is approved by the Commission, the
project is assigned a study level. If the
project is determined to be technically and
economically feasible and serves to meet a water
supply need or alleviate a water supply problem,
the Commission may recommend that construction
funding be appropriated by the legislature.
The New Development Program provides the
opportunity for sponsors to develop water supplies
with an eye to the future. The supplies serve to
insure that lack of water will not inhibit
economic growth or stability. The program has a
philosophy that water development can be achieved
through state and local partnerships. The sponsor
can complete a water supply project with state
funding assistance. If the water is used by the
sponsor to meet its needs, 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
The typical state project serves to benefit more
than one entity and is multipurpose in nature.
Typically, state projects have difficult
permitting or political issues which 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 statement on the state projects:
- Buffalo Bill Enlargement. The project
has been completed and stands ready to meet
future municipal and industrial 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. Litigation
and the Endagered Species Act has impacted
the project schedule and introduced the Pathfinder
Modification Project as a possible alternative
to the eventual construction of the Dear Creek
Project. The WWDC is working with the Attorney
General's Office ont the various law suits.
Depending on the outcome of the North Platte
lawsuit, either the Deer Creek project or the
"Pathfinder Modification Project" may be
constructed.
- Little Snake River Valley Dam and
Reservoir. The draft environmental impact
statement has been prepared. Answers to
comments and concerns by parties that reviewed
the draft environmental impact statement are
being prepared. The answers will be documented in
the final environmental impact statement.
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 can be considered for 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 approved, the project is assigned a study level and
can proceed through construction if it is determined
the project is technically and economically feasible.
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. The actual loan/grant mix is based on WWDC
funding criteria and the sponsor's ability to pay.
B. Program Status - Water Resource Planning
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). The WWDC is responsible for insuring that the
state's annual loan payments and operation and
maintenance obligations are met on the Buffalo Bill
Enlargement, Fontenelle Reservoir and Palisades Reservoir.
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;
the other is implied by our duties as the water
development planning agency for the state.
a. WS 41-3-1004 assigns the Commission the
responsibility to generate feasibility reports for
all instream flow permit applications. The
reports are hydrological analyses of the water
availability in the reach of the stream in which
the applications apply. The analyses also
quantify existing water rights above and within
stream segments.
b. As the water development planning 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, seventy-four (74) applications for instream
flow water rights have been prepared by the Wyoming
Game and Fish Department. As of December 31, 1998, the
WWDC has published seventy (70) 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 development problems and issues which
are not necessarily project specific but are important
to general aspects of water development in Wyoming.
The Commission participates in research projects to
gather the information that will be needed to reduce
project costs and address permitting issues and
specific environmental problems.
The Commission has developed working relationships with
the State Engineer's Office, the U.S. Geological Survey
and University of Wyoming to conduct research on such
water related issues as hydrolic modeling, flushing
flows, irrigation evaopotranspiration, conveyance loss,
and riparian zone management. In recent years, the
WWDC has reduced its participation in the very general
research and is concentrating on those issues that
project development and budgets.
4. Basin Wide Planning
The planning aspects of the Water Development Program
establish the framework for development strategies and
serve to identify and resolve water related issues.
The WWDC develops basin-wide plans identifying 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
development strategies. Chapter 26, 1997 Session Laws,
authorized the Commission to conduct a "Phase I
Reconnaissance" study to perform a needs assessment and
a "Phase II Feasibility" analysis to define resources
necessary to implement a comprehensive statewide
planning process. Basin-wide plans will provide the
foundation for the state planning process.
Both the Reconnaissance and the Feasibility studies
were completed by a planning team consisting of staff
from the Water Development Commission, the State
Engineer's Office, and the Water Resources Data
Service in the College of Civil and Architectural
Engineering at the University of Wyoming. The planning
team completed a statewide water issues survey,
developed a water resources data inventory for the
entire state, completed a consultant feasiblity study
to determine appropriate scale, technology, staff, and
costs for implementation. A pilot study to test public
involvement techniques was completed in the Bear River
Basin, and involved creation of a Basin Advisory Group
to advise the planning team. Further public involvement
activities consisted of regular newsletters and press
releases, and presentations to interest groups
throughout the course of the study.
The WWDC has included the recommendations of the
planning team in the 1999 Omnibus Planning Bill,
including startup funds for planning staff and an
allocation to begin the basin planning process in the
Green River Basin and complete work already started
in the Bear River Basin. If fully staffed and funded,
the WWDC anticipates completing the initial basin
plans for all seven of the state's major river basins
in five to seven years. The planning staff will
continue to update each basin plan on a regular basis
with the ongoing assistance of the Basin Advisory
Groups. The major products of the planning process
will be the seven basin plans and their regular
updates, and a renewable statewide water resources
data base.
5. Groundwater Grant Program
The 1981 Session of the Wyoming Legislature enacted WS
41-2-119 which authorized the Water Development Commission
to grant up to three million dollars to
incorporated cities and towns 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 WS 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, 1998, 35 municipalities had received
assistance from the program.
C. Program Funding
1. Water Resource Development
The administration of the water resource development
activities costs approximately $1,775,000 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:
a. Water Development Account No. 1
The New Development Program is funded by Water
Development Account No. 1 [WS 41-2-124(a)(I)]
which has received general fund appropriations of
$117,600,000, receives revenues from a 1.5% excise
tax on coal, 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 $28,000,000 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
funds to meet federal matching grant requirements
through the year 2003. The federal capitalization
grant and the state's 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
consideration by the legislature. Water Development
program funds are appropriated 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 [WS 41-2-124(a)(ii)]
which receives revenues from a 0.167% severance
tax on oil and gas 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 $5,000,000 per
year. In 1995, 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 funds to meet
federal matching grant requirements through the
year 2003. The federal capitalization grant and
the state's 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 consideration by the legislature.
Water Development program funds are appropriated
automatically by statute to match 10% of the
federal capitalization grant.
2. Water Resource Planning
The administration of the water resource planning
activities costs approximately $235,000 per biennium.
These costs are included in the agency budget, which is
appropriated from Water Development Account No. 1.
a. Water Investment Management
These activities are funded by the agency budget,
which has historically been appropriated from
Water Development Account No. 1. The
administrative costs of this program are
approximately $10,000 per biennium. 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 administrative costs associated with the
preparation of instream flow report are
approximately $70,700 per biennium. In addition,
the WWDC requests $100,000 per biennium for
consultant services for completion of some
instream flow feasibility studies.
c. Water Related Research
The administrative costs associated with water
related research including special assignments
from the governor and legislature are
approximately $124,000 per biennium. 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 interstate endangered
species efforts is funded from this budget
category, which costs approximately $69,000 per
biennium.
d. Basin Wide Planning
Depending on the size and complexity of issues
in an individual basin, the cost of completing
basin plans is estimated as follows:
NE Wyoming | $ 250,000 |
Bear | 330,000 |
Powder/Tongue | 520,000 |
Salt/Snake | 450,000 |
Green | 720,000 |
Platte | 690,000 |
Wind/Bighorn | 780,000 |
Estimated Total | $3,740,000 |
Operation of the Water Resources Data System,
with the extra workload of maintaining the
Statewide Data Inventory, housing the
Water Planning Data Base, and providing staff
support to the water planning process is
estimated to cost approximately $330,000 per
biennium. Cost to provide staff in the Water
Development Office and the State Engineer's
Office will be an additional $600,000 per
biennium.
e. Groundwater Grant Program
Of the $4,000,000 appropriation, approximately
$235,000 remains available for program funding.
There are no current plans to seek additional
funding. Administration of the program costs 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, 1998, $87,558,000 has been
appropriated and $77,138,000 has been expended from
Water Development Account Nos. 1 and 2 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 $47,000,000.
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 different projects.
Over one-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, six new development dam
projects and fourteen dam rehabilitation projects have been
completed. The Buffalo Municipal project (Tie Hack Dam and
Reservoir) and Sheridan's Twin Lakes Dam and Reservoir
enlargement have recently been completed. The Greybull
Valley Irrigation District Roach Gulch Project is currently
under construction and the final environmental impact
statement is being prepared for the Little Snake River
Valley Dam and Reservoir Project. The Deer Creek Project is
delayed pending the outcome of the North Platte Litigation.
Other dams in the planning process are the enlargement of
the Ray Lake Dam on the Little Wind River in Fremont County
and, as an alternative to Deer Creek, the Pathfinder
modification project.
There are reasons the number of dams in the Water
Development Program are 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 now available within the
program. 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. The permitting
process cost was approximately $50,000. In 1995, after two
and one-half years, we were still awaiting the issuance of
the 404 Permit for the Buffalo Municipal Dam, a smaller and
less complex project than the Sulphur Creek Dam. In 1996,
at the conclusion of the permitting process for the Buffalo
Municipal Dam, the actual costs related to permit
acquisition were approximately $650,000. New federal
requirements for wetlands mitigation, purpose and need
criteria, 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 of water
per year for irrigation purposes and 20,000 acre feet of
water 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 the impacts to wetlands
and aquatic habitat resulting from the project was 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 interpreted their
rules and regulations to develop a position that they can
only issue permits for the "least environmentally damaging
alternative" that meet the federal perspective of "purpose
and need". Unfortunately, the federal perspective 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 is 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 indicator of the history of the program is an
analysis of how water development funds have been spent over
the past seventeen years. The following is a breakdown of
total program expenditures from 1980 to June 30, 1998:
Type | Total Expenditure ($-millions) | Percentage |
1. Agricultural | 59.9 | 11.0 |
2. Multipurpose | 64.8 | 11.8 |
3. Municipal | 306.2 | 55.9 |
4. Special Districts | 29.1 | 5.3 |
5. Non-Project | 87.6 | 16.0 |
Total | 547.6 | 100.0 |
From program history and projections into the future, the
following conclusions can be made relative to the next five
years:
1. While the Water Development Program has provided
assistance to several 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. In the next five years, the demand for
project assistance for agricultural projects will
remain limited and focused on the rehabilitation or
improvement of existing facilities. However, those
agricultural projects that rely on federal storage
projects can expect unfunded federal mandates relating
to dam safety, water conservation and environmental
protection.
2. The major expenditures in the multi-purpose
category have been for the state's share of the
construction of the recently completed 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 extreme. For the short term,
it is anticipated that multi-purpose 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. 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 it can supply for
culinary, irrigation, and fire flow purposes, it must
also insure that the 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 are aware that they 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 insure
future economic growth. The Wyoming Water Development
Program has been responsive to the needs of Wyoming
communities for the past 19 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.
4. Special districts that provide domestic water are
faced with the same EPA requirements as municipalities.
The Water Development Program is receiving more
requests for funding assistance from special districts.
The problem, in part, can be explained by Wyoming's
previously weak subdivision laws. Subdivisions served
by shallow groundwater wells are experiencing water
quality problems caused by septic systems as population
densities increase. The long term solutions are to
improve the municipal water supply systems so they can
be more reactive in solving the problems of the
surrounding subdivisions. In the short term, for those
subdivisions already formed, it is apparent that the
Wyoming Water Development Program will be seeing
additional requests for funding assistance from
special districts. However, the Legislature passed
Chapter 179 of the 1997 Session Laws, which amended
existing subdivision regulations to more thoroughly
address water and sewer health and safety needs. This
action, coupled with improvement and expansion of
municipal systems, so they can be more reactive in
solving water supply problems of the surrounding
subdivisions, may provide the necessary long term
solutions for special districts.
5. 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 Resources Center have been appropriated from the
water accounts. In addition, an appropriation was made
to supplement the funding for education. The state's
costs for water related litigation is also funded from
the water development accounts.
In summary, the scope of the Wyoming Water Development
Program has changed over the past seventeen years. However,
the program continues to serve the principle that initiated
the program, the effective and efficient use of water
entitlements to preserve Wyoming's water for Wyoming's
future.
E. Program Operation
Originally, the Interdepartmental Water Conference, the
predecessor to the Wyoming Water Development Commission, was
staffed by the State Engineer's Office Water Planning
Program. 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 and 14
staff members. The operating budget is approximately $1.6
million per year. 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. Again, 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. Except for a transfer of personnel from DEPAD to WWDC
in 1986, the additional duties have been executed with
existing staff.
The Wyoming Water Development Office includes a Planning
Division and Construction Division. Each division is
managed by an administrator who also assists with department
and project management. Each division has 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), assist the
Director and WWDC in making funding recommendations, and
perform 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
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. The director, administrators and project managers
are supported by a small fiscal control and secretarial
staff.
Project administration is the primary priority of the staff
due to the funding involved. Basin or state planning
efforts have been completed only when staff time allows.
Given the number of planning and construction projects,
there has been minimal staff time available for basin-wide
planning. Staff requirements and the project work load for
project managers are determined by the number of projects
within the program, not necessarily by the amount of
appropriations. Administering a small project can be as
time consuming as working on a larger project. The WWDC
will continue to use improved technology to reduce
administrative costs. However, if the number and complexity
of the projects continues to increase and if planning
efforts are to improve, additional project managers may be
needed within the next five years.
The WWDC uses private sector consultants for the
preparation of 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 the private sector for
project plans and specifications. Further, the project
sponsors are 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 insure 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.
Presently, there are two state agencies providing funding
assistance for water projects. The WWDC provides funding
for water supply projects, while the State Land and
Investment Board provides funding for water treatment and
distribution projects. On January 4, 1996 the State Land
and Investment Board adopted rule amendments for Wyoming
Joint Powers Act Political Subdivision Loans and Federal
Mineral Royalty Capital Construction Account Grants. These
rule amendments require the Director of the State Land and
Investment Office to request that pertinent state agencies
assist in the review of applications and provide written
comments within ten working days. The process has
eliminated some confusion on the part of project sponsors,
who in the past may not have known which agency to contact
for funding assistance. The comments between agencies
identify which agency may fund the project or components of
a project and insure the efficient allocation of limited
state resources for project funding.
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