45-334. Setting Colorado river water use fee

A. In setting colorado river water use fees under this article:

1. Not later than July 1 of each year, the director shall set the colorado river water use fees for the following program year. The director shall consider the following in setting the amount of the fees:

(a) The consumptive use for that program year by the persons to whom the fee will be assessed.

(b) The payment obligations that apply to similar water users under agreements to fund the lower Colorado river multispecies conservation program.

(c) The amount of monies necessary to fund the lower Colorado river multispecies conservation program for that program year.

(d) The amount of monies expected to be available to fund the lower Colorado river multispecies conservation program during the program year from other sources.

2. The director may establish classes of water users for the purpose of assigning graduated fee rates to the respective classes.

3. The director shall consider the date of any contract or other right to use colorado river water and the type of water use when assigning fee rates.

4. The director shall enter in the department's records a statement of the fees for the following program year and transmit a copy of the statement to the state treasurer.

5. Before setting the fees, the director shall consult with representatives of the water users which will be assessed for the fees. The director shall publish notice of the fees and provide a comment period of at least thirty days before setting the final fee amounts.

6. Within thirty days after the director sets fees for a program year, the director shall give written notice of the fees to each person with consumptive use.

7. The director shall calculate the total amount of the fee that a person must pay for the consumptive use of Colorado river water for a program year by multiplying the applicable annual fee for that program year by the consumptive use for the person for the program year. The director may reduce the amount of a person's fee by the value of any services or tangible assets, including land or water, contributed by the person to, and accepted by, the federal government for use in the lower Colorado river multispecies conservation program.

B. The director shall give written notice of the total amount of the fee that a person must pay under this section no later than August 15 before the beginning of the program year.