45-1004. Annual report of water exchange; record keeping; penalties

A. Each person who is authorized to give or receive any water pursuant to a water exchange contract enrolled under section 45-1021, a water exchange permit issued under section 45-1041, or a notice of water exchange filed with the director under section 45-1051 shall file an annual report with the director, whether or not any water was actually given or received. The report shall contain:

1. The name and address of the person filing the report.

2. The source and quantity of water received pursuant to the water exchange in the preceding calendar year on a month by month basis.

3. The source and quantity of water given pursuant to the water exchange in the preceding calendar year on a month by month basis.

4. Such other information as the director may require to carry out the purposes of this chapter.

B. Each report shall contain either a sworn statement or a certification, under penalty of perjury, that the information contained in the report is true and correct according to the best belief and knowledge of the person filing the report.

C. The annual report shall be maintained on a calendar year basis unless a different accounting period is authorized by the director and is specified in the water exchange contract, permit or notice. The report shall be filed with the director no later than March 31 of each year for the preceding calendar year unless the director has authorized a different accounting period, in which case the report shall be filed no later than the end of the third month after the closing date of the accounting period. If a person who is required under this section to file an annual report fails to file a report for a calendar year on or before March 31 of the following year or a later date authorized by the director, the director may assess and collect a penalty of twenty-five dollars for each month or portion of a month that the annual report is delinquent. The total penalty assessed under this subsection shall not exceed one hundred fifty dollars. All penalties collected under this subsection shall be deposited, pursuant to sections 35-146 and 35-147, in the state general fund.

D. Each person required to file an annual report under this section shall maintain current accurate records of the withdrawals, diversions and use of any water given or received in a water exchange.

E. The records and reports required to be kept and filed under this section shall be in such form as the director prescribes. The director shall prepare blank forms and furnish them on request. Failure to receive or obtain the forms does not relieve any person of responsibility for keeping the required records or making any required report.