029-9 Wyo. Code R. §§ 9-3 - Applications

(a) Applications for emergency water projects shall be submitted to the Office using forms prepared by the Office. Applicants may submit an application based on their knowledge or belief at the time of the application. The application shall include:

(i) A description of the affected irrigation infrastructure at issue in the project;

(ii) Information establishing that the applicant is a political subdivision that owns or has the legal responsibility to operate or maintain the irrigation infrastructure, and therefore could meet the definition of an EWP Sponsor;

(iii) Information establishing that the irrigation infrastructure has been rendered permanently inoperable, or is likely to be rendered permanently inoperable, due to an act of God including fire, earthquake, hurricane, storm or other similar natural disaster or phenomena or an unforeseen or impending natural or man-made event that requires immediate action to prevent a threat to or loss of life or property. This information may include, but is not limited to: the present condition of the irrigation infrastructure and the water system it serves; the known or anticipated threat to, or effect on, public safety, property, or the applicant's system or services; when the applicant learned the irrigation infrastructure was rendered inoperable or likely to be rendered inoperable; and any repairs or maintenance planned for the irrigation infrastructure prior to the applicant learning that infrastructure was inoperable or likely to be rendered inoperable; and

(iv) An approved resolution or other documentation establishing that the applicant has legally authorized the submission of the application and supports the project.

(b) Applicants shall supplement their applications with new or more accurate information as it becomes available to them, or in response to the Commission's or the Office's requests for additional information. The supplemental information shall include, but is not limited to:

(i) A description of the emergency water project and the affected irrigation infrastructure. This description shall include, but is not limited to:

(A) The applicant's services or water supply systems affected by the current or anticipated inoperability of the irrigation infrastructure;

(B) The threat to or effect on public safety or property;

(C) The amount of acreage, water, and users affected by the current or anticipated inoperability of the affected irrigation infrastructure;

(D) Any repairs, replacement, or maintenance that are currently known, or anticipated to be, required to make the affected irrigation infrastructure operable or to restore the applicant's affected services or water supply systems;

(E) Any investigations known or anticipated to be required for the emergency water project;

(F) Estimated costs for the emergency water project and the EWP Sponsor's proposed method of payment and requested financing;

(G) Maintenance and/or repairs conducted on the affected irrigation infrastructure in the past;

(ii) A list of the applicant's past projects funded by the Commission, including date of completion;

(iii) Financial capabilities of the applicant, including the annual budget for operation, maintenance, and replacement of applicant's water supply system; the existing balance in any emergency funds and sinking funds for applicant's water supply system; water rates, tap fees, and other revenue sources; and the amount of funding obtained from other revenues for operation, maintenance, and replacement of the applicant's water supply system;

(iv) Applicant's personnel, equipment, or other available resources to perform repairs or maintenance on its own;

(v) A listing of all funding sources anticipated to be used by the applicant for the project, all funding the applicant has already applied for or anticipates applying for, and an estimated schedule when those sources of funding may be available;

(vi) A list of the persons, including contact information, who assisted in preparing the application or collecting and providing the information relied on in the application;

(vii) A list of engineers or other professionals the applicant has engaged to work on the emergency water project, and their qualifications;

(viii) A certified original of a resolution in support of the application passed by the governing body of the applicant, or other evidence of support for the application from the applicant's governing body or its constituents; and

(ix) Any other information requested by the Office.

(c) Upon receipt of an application and supplemental information thereto, the Director and the Office shall review the submissions and develop recommendations to be considered by the Commission. The Director and the Office may ask the applicant to provide additional information to assist in preparing the recommendations. The Director and the Office shall also arrange a meeting of the Commission to consider the application. The Director and the Office may begin arranging such a meeting before the completion of their recommendations.

(d) The Commission may provide an initial recommendation to the State Loan and Investment Board based on the application information provided under paragraph (a) of this section. The Commission may provide additional recommendations to the State Loan and Investment Board based on supplemental information provided under paragraph (b) of this section as the information becomes available.

Notes

029-9 Wyo. Code R. §§ 9-3

Amended, Eff. 11/20/2020.