The state engineer shall receive the following fees to be paid by him into the general fund:

A. for filing notice of intention to make formal application for permit to appropriate surface water, twenty-five dollars ($25.00), which shall be paid at the time of filing notice of intention;

B. for filing a formal application for permit to appropriate water where the project is chiefly for diversion and direct use of the water, twenty-five dollars ($25.00) if the amount claimed does not exceed five cubic feet of water per second, and five dollars ($5.00) for each cubic foot per second in excess of five; or, if the project is chiefly for storage of excess and flood waters, ten dollars ($10.00) for each one thousand acre-feet or fraction thereof of storage capacity; or, if the project is for power purposes only, in which the water is returned to the river bed in substantially undiminished quantity, twenty-five dollars ($25.00), if the amount claimed does not exceed five cubic feet of water per second, and one dollar ($1.00) for each cubic foot per second of time in excess of five; provided, however, that if application for permit is preceded by a notice of intention, the fee accompanying the notice of intention shall be applied on the subsequent fees. Fees included under this subsection, which shall be paid to the state engineer at the time of filing formal application for permit, shall include the filing of maps, plans, specifications, field notes, proof of publication and all other papers relating to the application, up to the issuing of the permit to appropriate water, and shall include the examination and study of all data therein with the exception of plans and specifications, for the examination and study of which additional fees shall be collected as prescribed in this section;

C. for examining in connection with any water right application the plans and specifications for a dam, two dollars ($2.00) for each one thousand dollars ($1,000) or fraction thereof of the estimated cost of such dam; for examining the plans and specifications for canal or other water conduit, twenty-five dollars ($25.00), where the capacity does not exceed fifty cubic feet of water per second, and ten dollars ($10.00) for each additional fifty cubic feet per second or fraction thereof. The fees shall be paid to the state engineer before he issues the permit to appropriate water; provided that no fee shall be paid for examining plans and specifications submitted by the United States or any agency or department of the United States;

D. for issuing any certificate of construction or license to appropriate, twenty-five dollars ($25.00);

E. for issuing a permit for an extension of time, fifty dollars ($50.00);

F. for issuing any miscellaneous water right instrument or copy of any water right document filed in his office, one dollar ($1.00) for the first page thereof, and fifteen cents ($.15) for each additional page thereof;

G. for filing any other paper necessarily forming a part of the permanent record of the water right application, permit or license, one dollar ($1.00);

H. for a contact reproduction of any map or plan sheet accompanying an application for permit to appropriate water, three dollars ($3.00) for each sheet; for a negative of any map or plan sheet suitable to reproduce copies thereof, five dollars ($5.00) for each sheet;

I. for inspecting damsites, dams, irrigation systems or other construction work as required by law, one hundred dollars ($100) per day and actual and necessary traveling expenses. Fees for any inspection deemed necessary by the state engineer and not paid on demand shall be a lien on any land or other property of the owner of the works and may be recovered by the state engineer in any court of competent jurisdiction; and

J. for such other work as may be required of his office, such reasonable fees as in the judgment of the state engineer the character and extent of the work justifies.

History: Laws 1907, ch. 49, § 9; 1913, ch. 62, § 1; Code 1915, § 5662; Laws 1921, ch. 55, § 1; C.S. 1929, § 151-109; Laws 1937, ch. 178, § 2; 1941, ch. 126, § 3; 1941 Comp., § 77-206; 1953 Comp., § 75-2-6; Laws 1965, ch. 124, § 1; 1987, ch. 215, § 1.

The 1987 amendment, effective June 19, 1987, in Subsection A, substituted "twenty-five dollars ($25.00)" for "ten dollars ($10.00)" and deleted "such" following "of filing"; in Subsection B, substituted "twenty-five dollars ($25.00)" for "ten dollars ($10.00)" twice, "five dollars ($5.00)" for "one dollar ($1.00)" and "one dollar ($1.00)" for "twenty-five cents ($.25)", all in the first sentence, and "this subsection" for "B" and "prescribed in this section" for "hereinafter prescribed" in the second sentence; in Subsection C, divided the formerly undivided language into two sentences and substituted "a dam, two dollars ($2.00)" for "dam, one dollar ($1.00)" and twenty-five dollars ($25.00)" for "ten dollars ($10.00)" in the first sentence and "The fees shall be paid to the state engineer before he issues" for "such fees shall be paid to the state engineer before he shall issue" and "of the United States" for "thereof" in the second sentence; substituted "twenty-five dollars ($25.00)" for "five dollars ($5.00)" in Subsection D, fifty dollars ($50.00)" for "ten dollars ($10.00)" in Subsection E, and "first page thereof" for "first one hundred words or fraction thereof" and "additional page thereof" for "additional hundred words or fraction thereof" in Subsection F; in Subsection H, deleted "blueprint or other" preceding "contact" and substituted "three dollars ($3.00)" for "one dollar ($1.00)" and "five dollars ($5.00)" for "two dollars ($2.00)"; and substituted "one hundred dollars ($100.00)" for "ten dollars ($10.00)" in the first sentence in Subsection I and "justifies" for "shall justify" in Subsection J.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 63A Am. Jur. 2d Public Officers and Employees §§ 351, 352.

81A C.J.S. States § 224.