029-9 Wyo. Code R. §§ 9-4 - Commission Evaluation and Recommendations

(a) Prior to making recommendations to the State Loan and Investment Board regarding the application, the Commission shall allow for comments from the applicant and receive the recommendations of the Director.

(b) The Commission shall evaluate applications for emergency water projects by considering information in the project application, the Director's recommendations, the applicant's comments to the Commission, and any other information presented to the Commission regarding the proposed project.

(c) In preparing its recommendations to the State Loan and Investment Board, the Commission may consider factors including, but not limited to:

(i) Whether the applicant and the proposed project are eligible for funding under Wyoming Statute § 41-2-124(g) -(k) and these rules;

(ii) The scope, nature, and condition of the permanently inoperable or likely to be rendered permanently inoperable affected irrigation infrastructure;

(iii) The effects caused by the irrigation infrastructure being rendered or likely to be rendered permanently inoperable. Evaluation of the effects may include, but is not limited to, public safety, or the amount of affected acreage, water, or users;

(iv) What rendered the irrigation infrastructure permanently inoperable;

(v) What is likely to render the irrigation infrastructure permanently inoperable, and the likelihood or urgency of that event;

(vi) Whether continuing normal operation of the irrigation infrastructure for its intended/permitted uses is likely to cause the infrastructure to fail or otherwise become permanently inoperable, and whether that operation must cease to prevent inoperability;

(vii) When the applicant learned the irrigation infrastructure had been rendered, or was likely to be rendered, permanently inoperable;

(viii) The proposed or potential components of the emergency water project. Evaluating the components may include, but is not limited to, whether the proposed project would exceed the repair, replacement, or maintenance required to address the irrigation infrastructure's inoperability;

(ix) The estimated or potential costs of the emergency water project;

(x) Financial capabilities of the applicant;

(xi) Resources of the applicant to perform its own repairs or maintenance;

(xii) Proposed or potential other funding sources, including other potential forms of funding from the Commission;

(xiii) Qualifications of engineers or other professionals the applicant proposes to work on the emergency water project;

(xiv) Whether the applicant is current on all repayment obligations to the State; and

(xv) The applicant's past efforts to maintain the affected irrigation infrastructure.

(d) After considering each application, the Commission shall vote whether to adopt, amend, or reject the Director's recommendations. The Commission's recommendations to fund an emergency water project shall be submitted to the State Loan and Investment Board for the board's consideration. The Commission may elect to make an initial funding recommendation to the board based on the information provided in paragraph (a) of Section 3 and supplemental recommendations based on information provided in paragraph (b) of Section 3 as it becomes available.

Notes

029-9 Wyo. Code R. §§ 9-4

Amended, Eff. 11/20/2020.