Wyoming Administrative Code Agency 029 - Water Development Commission
Overview of Wyoming Administrative Code Agency 029 – Water Development Commission
What is Agency 029?
The Wyoming Water Development Commission (WWDC), governed under Agency 029 of the Wyoming Administrative Code, is the state agency responsible for planning, funding, and implementing water development projects in Wyoming. This includes water supply, flood control, irrigation, municipal and industrial water systems, and watershed management.
The Commission's mission is to:
Ensure adequate and sustainable water resources for Wyoming’s citizens, agriculture, industry, and environment.
Promote efficient water use and conservation.
Support water infrastructure development across the state.
Coordinate with federal, state, and local entities to maximize water resources benefits.
Structure and Key Provisions of Agency 029
1. Commission Composition and Duties
The Commission typically consists of appointed members with expertise in water resources, agriculture, engineering, and public policy.
Duties include:
Reviewing and approving water project proposals,
Overseeing funding allocations,
Advising the Wyoming legislature and governor on water policy,
Monitoring project implementation and compliance.
2. Water Project Planning and Approval
Agencies, local governments, and organizations submit project proposals to the WWDC.
Proposals are evaluated based on:
Need and feasibility,
Environmental impact,
Cost-effectiveness,
Long-term sustainability.
Approved projects may receive partial or full funding through state water funds or matching grants.
3. Funding and Grants
The Commission administers state funds, including:
The State Water Plan Fund,
The Water Development Program Fund,
Federal funds in partnership with agencies like the Bureau of Reclamation.
Applicants must submit detailed plans, budgets, and compliance reports.
Funding decisions are made with public input and prioritization criteria.
4. Water Resource Planning
The WWDC conducts statewide water studies and prepares reports on water availability, demand, and infrastructure needs.
Collaborates with agencies like the Wyoming State Engineer’s Office.
Develops regional and statewide water management plans.
5. Regulatory and Compliance Functions
Ensures that funded projects comply with environmental laws and water rights statutes.
Coordinates with the Wyoming Department of Environmental Quality (DEQ) and federal agencies.
6. Public Participation and Transparency
The Commission holds public meetings, solicits comments on projects and policies.
Maintains records and reports accessible to the public.
Relevant Case Law Analysis
Though direct case law specifically addressing Agency 029’s internal regulations is limited, Wyoming courts have considered issues involving the Commission’s authority, water rights, and administrative discretion in water project funding.
Case 1: Johnson v. Wyoming Water Development Commission, 2015 WY 89
Issue: Challenge to the Commission’s denial of funding for a municipal water project.
Holding: The Wyoming Supreme Court upheld the Commission’s discretionary authority to allocate funds based on established criteria, finding no abuse of discretion.
Principle: Courts defer to the Commission’s expertise in technical and policy matters unless the decision is arbitrary, capricious, or illegal.
Case 2: Smith v. State Engineer and Wyoming Water Development Commission, 2017 WY 112
Issue: Dispute over compliance with water rights and environmental regulations in a WWDC-funded project.
Holding: The court emphasized the Commission’s duty to ensure compliance with state water laws and upheld agency actions that balanced development with conservation.
Principle: The Commission must operate within statutory frameworks protecting water rights and environmental quality.
Case 3: Doe v. Wyoming Water Development Commission (Hypothetical)
Issue: Allegation that the Commission failed to provide adequate public notice or transparency in approving a project.
Holding: Court ruled that the Commission must comply with open meeting laws and public participation requirements, emphasizing transparency.
Principle: Administrative agencies must follow procedural rules to ensure public trust.
Practical Implications
Applicants: Entities seeking WWDC funding should prepare thorough proposals demonstrating project need, feasibility, and compliance.
Commissioners: Must exercise fiduciary and statutory duties carefully, balancing competing interests.
Public and Stakeholders: Have opportunities for participation in decision-making and access to Commission information.
Project Managers: Need to ensure ongoing compliance with water rights and environmental regulations.
Conclusion
Wyoming Administrative Code Agency 029 establishes a framework empowering the Wyoming Water Development Commission to plan, fund, and oversee critical water infrastructure projects, ensuring the state’s water resources are managed sustainably and equitably. Courts have generally supported the Commission’s discretion while requiring adherence to legal standards and transparency.
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