WY Water Development Commission Meeting Cheyenne, Wyoming. January 11, 2012

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WY Water Development Commission Meeting Cheyenne, Wyoming 1. Chair Jim Wilson called the meeting to order at 8:30 a.m. 2. Secretary Bill Resor called the roll of Commissioners: Commissioner s Attendance: Jim Wilson, Chair Kent Shurtleff, Vice-Chair Bill Resor, Secretary Floyd Canfield Mitch Cottenoir Phil Habeck Shawn Hall Margo Sabec Jeanette Sekan Absent: Nick Bettas Advisors in Attendance: Greg Kerr, University of Wyoming Andrew Kuhlmann, Attorney General s Office Harry LaBonde, State Engineer s Office Select Water Committee Attendance: Senator Gerald Geis Senator Stan Cooper Representative Mark Semlek Representative Stan Blake Representative Owen Petersen Representative Lorraine Quarberg 3. Approval of Minutes. Margo Sabec made a motion to approve the November 3 and 4, 2011 minutes, seconded by Mitch Cottenoir. The motion carried. 4. Audience Introductions 5. Planning Contracts/Amendments Lander Master Plan, Level I A final amendment to the engineering contract with Trihydro Corporation was presented. The amendment serves to document WWDC acceptance of the final report and to document the final contract amount of $184,995.21. Page 1 of 6

Lucerne Water Supply, Level II A final amendment to the engineering contract with DOWL HKM was presented. The amendment serves to document WWDC acceptance of the final report and to document the final contract amount of $86,335.45. Pavillion Area Water Supply, Level I An interim amendment to the engineering contract with James Gores and Associates was presented. The amendment serves to expand the Phase II tasks in the scope of services with an additional budget of $25,000 for a new total contract amount of $173,500, and to extend the contract expiration date to June 30, 2013. A motion to approve all documents as presented was made by Floyd Canfield, seconded by Kent Shurtleff. The motion carried. 6. Construction Documents Central Wyoming Regional Water System Joint Powers Board (JPB). A mortgage parity agreement was presented by Jane Caton, Attorney General s Office. The JPB has refinanced the revenue bonds which were issued to refinance the construction loans from the State of Wyoming Permanent Mineral Trust Fund for the water treatment facilities. The city of Casper has loaned the JPB $15,905,000 with a mortgage on the water treatment plant property. The JPB is seeking lien parity of the mortgages held by the State of Wyoming with the city of Casper. Little Snake Rehabilitation. A release of mortgage for the Little Snake River Conservancy District was presented by Andrew Kuhlmann, Attorney General s Office. The release of mortgage allows the Little Snake River Conservancy District to release the Ladder Ditch Company from their mortgage. A second amendment to real estate mortgage and first renewal promissory note were also presented. The amendment and first renewal promissory note are needed to reamortize the district s outstanding debt. Bill Resor made a motion to approve all documents as presented, seconded by Jeanette Sekan. Discussion followed. The motion carried. 7. Financial Status Report. Mike Purcell reported that the balances remaining in water accounts nos. I, II, and III, if the 2012 preliminary recommendations were adopted, would be $39.1 million, $5.5 million, and $124.6 million, respectively. ions for spending from water account no. III from 2013 to 2017 were prepared for 11 projects. Governor Mead is recommending that $9.4M be transferred from water account no. III to water account no. II. 8. Omnibus Water Bill Construction(12LSO-0189.W2) Director Mike Purcell presented the Level III funding recommendations for the New Development and Rehabilitation Programs that were preliminarily approved at the WWDC meeting in November. Those recommendations were as follows: Page 2 of 6

New Development Big Horn Regional Well Connection $4,730,200 67% grant Buffalo Northwest Pipeline 365,000 67% grant, 33% loan, 4%, 30 years Casper Poplar Transmission Pipeline 1,541,000 67% grant Cody West Transmission Pipeline 408,700 67% grant Fort Laramie Storage Tank 53,600 67% grant Gillette Regional Extensions 703,500 67% grant Lander Water Supply 3,068,000 50% grant Lovell Transmission Pipeline 67,000 67% grant Northwest Rural Northern Expansion 281,400 67% grant Rolling Hills Water Supply 160,000 67% grant, 33% loan, 4%, 30 years Rehabilitation Big Horn Canal Rehabilitation 2012 $1,440,000 67% grant, 33% loan, 4%, 30 years Fayette Irrigation Rehabilitation 180,000 67% grant, 33% loan, 4%, 20 years Lake Hattie Dam 840,000 67% grant, 33% loan, 4%, 30 years Lovell Canal Rehabilitation 2012 565,000 Materials only Midvale Rehabilitation 2012 945,000 Materials only Shell Canal Tunnel Rehabilitation 1,220,000 67% grant, 33% loan, 4%, 30 years Existing s, additional appropriation Big Horn Regional Pipeline (2,512,500) Reversion Small Water Development s, ND 300,000 Reauthorization Small Water Development s, R Reauthorization Highline Canal Rehabilitation Time extension Sponsor s Inflation Funds 300,000 Time extensions Greybull Valley ID Hydroelectric (326,000) Reversion, time extension Sheridan Northwest/Big Goose Tanks Time extension Laramie Transmission Pipeline 3,120,000 67% grant, 33% loan, 4%, 30 years Teton Village Water Supply (2,394,500) Reversion Heart Mountain Rehabilitation 2010 485,000 Materials only Little Snake Diversions 1,323,500 67% grant, 33% loan, 4%, 20 years GR/RSW/SC Raw Water Reservoir 7,382,000 50.5% grant South Laramie Water Supply (461,830) 65.14% grant Wright Water Supply 2011 1,072,000 67% grant Willwood Dam Rehabilitation 1,410,000 67% grant, 33% loan, 4%, 30 years John Joyce, Big Horn Regional JPB; Richard Monger, town of Ft. Laramie; Brian Dickson, town of Lovell; Dossie Overfield, Northwest Rural Water District; Lee Allen, Greybull Irrigation District; Rich Elliott, city of Laramie; Bryan Seppie and Ben Bracken, Green River/Rock Springs/Sweetwater County Joint Powers Water Board; and Ralph Kingan, Wright Water and Sewer District responded to their respective recommendations. A motion to adopt the Omnibus Water Bill Construction (12LSO-0189.W2) was made by Margo Sabec, seconded by Mitch Cottenoir. Amendments to the omnibus construction bill: Austin Wall Canal Rehabilitation. The preliminary recommendation, which was adopted at the November, 2011 meeting, was to provide $150,000 for a Page 3 of 6

Level II study. Construction funding was not recommended. Jud Redden and Rich Isom, Austin Wall Irrigation District, addressed the recommendation. Discussion followed. No further action was taken. Sundance Storage Tank. The Director s recommendation was to incorporate the project into the New Development Program at Level III status with an appropriation of $722,000 as a 51% grant and a 25% loan at 4% interest for a term of 20 years. Discussion followed. Commissioner Sabec questioned the effect of the recommendation on outstanding potential claims related to the failure of the existing Cole Water Storage Tank. To address this concern, the Director noted the Commission could offer an appropriation of $722,000 as a 100% loan at 4% for a term of 20 years with the condition that the financing plan would be reconsidered by the Commission at a later date after potential claims are resolved. Further, a special condition related to claims, settlements, or lawsuits for the Cole Water Storage Tank and repayment of the loan by the town was noted. Kathy Lenz, Larry Schammer, and Paul Brooks, town of Sundance, were available for questions. Discussion followed. Bill Resor made a motion to revise the financing plan to include a 100% loan with the condition that the financing plan would be reconsidered by the Commission after potential claims were resolved, seconded by Jeanette Sekan. The motion carried with Phil Habeck dissenting. The motion carried, as amended. 9. Omnibus Water Bill Planning (12LSO-0176.W2) Director Mike Purcell presented the Level I and Level II funding recommendations for the New Development, Rehabilitation, and Dams and Reservoirs Programs that were preliminarily approved at the WWDC meeting in November, 2011. Those recommendations were as follows: Level I, New Development Bear River Hydrology Model $ 50,000 Guernsey Master Plan 125,000 Lovell Master Plan 110,000 Middle North Platte Watershed 250,000 North Platte Water Yield Analysis 75,000 UW Water Research Program 400,000 Level II, New Development Gillette Regional Connections $ 500,000 Greybull Valley Hydropower 85,000 Indian Paintbrush Water Supply 375,000 Weather Modification Pilot Program 2,400,000 Page 4 of 6

Level I, Dams and Reservoirs Badwater-Poison Creek Watershed $ 250,000 Upper Green River Watershed 300,000 Level II, Dams and Reservoirs Nowood River Storage $ 350,000 Shell Valley Storage 350,000 Sheridan Supplemental Storage 250,000 Level II, Rehabilitation Austin Wall Canals $ 150,000 Basin-Big Horn Canal 150,000 Lakeview Irrigation Master Plan 250,000 General UW Office of Water Programs $ 150,000 Groundwater Grant 800,000 A motion to adopt the Omnibus Water Bill Planning (12LSO-0176.W2) was made by Mitch Cottenoir, seconded by Margo Sabec. Brian Dickson, town of Lovell, addressed the recommendation for the town s Level I study. Amendments to the omnibus planning bill: Laramie County Fire District Well. The preliminary recommendation was to not fund the project. Gay Woodhouse, Laramie County Commissioner, addressed the recommendation. No action was taken. South of Laramie Well. The preliminary recommendation was to not fund the project. A letter from the South of Laramie Water and Sewer District was read. Janine Jordan, city of Laramie, addressed the recommendation. No action was taken. Sundance Master Plan. The director s recommendation was to incorporate the project into the New Development Program at Level I with a budget of $150,000. Bill Resor made a motion to accept the director s recommendation, seconded by Floyd Canfield. The motion carried. Hawk Springs Master Plan. The director s recommendation was to incorporate the project into the Rehabilitation Program at Level II with a budget of $200,000. A motion to accept the director s recommendation was made by Margo Sabec, seconded by Kent Shurtleff. The motion carried. Page 5 of 6

The motion carried, as amended. 10. Water Research Program Greg Kerr, Office of Water Programs, presented an overview of eight ongoing projects, four of which will be completed in 2012. Four additional projects were approved in November, 2011. Discussion followed. 10. Miscellaneous Discussion The FY2013-2014 budget for the Water Development Office was presented. The proposed 2012 funding for the Gillette Madison Pipeline project was presented. A December 20, 2011 letter from the Director to Governor Mead related the proposed purchase of lands to implement the city of Laramie s Casper Aquifer protection plan was presented and discussed. Future potential draft legislation for the Upper Colorado River Basin Fund MOA for the Wyoming State Engineer authority to establish project priorities and recommendations was presented and discussed. 11. Next Meeting The Director provided the publication seeking interest from consultants for the upcoming Level I and Level II projects. He noted that the consultant selection process is initiated with the condition that the funding for the studies must be approved by the 2012 Legislature. In addition, the Director noted that the WWDO is planning on pursuing a sole source contract with C.A. Troendle for the completion of the North Platte Water Yield Analysis. He also noted that the WWDO is planning to amend existing contracts with the existing consultants on the following Level II projects: Austin Wall Canals, Nowood Storage, Shell Valley Storage, and the Weather Modification Pilot Program. He inquired if the Commission had problems with this approach. None were expressed. The next WWDC meeting will be March 9, 2012 in Cheyenne. There being no further business, the meeting adjourned at 12:25 p.m. Respectfully submitted, William B. Resor Secretary Page 6 of 6