LEG00156

• Bill Number: SB03-278
• Year: 2003
• Title: Appropriative Water Rights Admin Fee
• Legislation - Doc Type: Other CWCB Related Bills - Passed

WATER DIVISION OF THE NAME AND ADDRESS OF ANY NEW OWNER OF THE
WATER RIGHTS.

(c) THE STATE ENGINEER SHALL COLLECT THE FEE FROM EACH
OWNER AND MAY PROCEED PURSUANT TO SECTIONS 37-92-502 AND
37-92-503 IN SUCH COLLECTION.

(d) THE STATE ENGINEER SHALL NOT ASSESS MORE THAN ONE FEE
AGAINST A PARTICULAR DECREED WATER RIGHT IN ANY STATE FISCAL YEAR.

(3) By RULE, THE STATE ENGINEER MAY DEFINE RELEVANT TERMS
AND PROCEDURES AND SHALL ESTABLISH:

(a) A SCHEDULE FOR THE PAYMENT OF THE FEE, WHICH MAY:

(I) V ARY BY LOCATION, TYPE OR SIZE OF USE, OR ANY OTHER FACTOR
DEEMED NECESSARY BY THE STATE ENGINEER; AND

(II) INCLUDE MONTHL Y, QUARTERLY, ANNUAL, SEASONAL, OR OTHER
TERMS OF PAYMENT;

(b) (I) A PROCEDURE FOR PROVIDING TO EACH OWNER INDIVIDUAL
NOTIFICATION OF THE AMOUNT AND TERMS OF PAYMENT OF THE FEE,

(II) THE STATE ENGINEER MAY UTILIZE THE WATER RIGHTS RESUME
AND MAY POST A NOTICE ON THE APPROPRIATE DIVERSION OR STORAGE
STRUCTURE TO PUBLICIZE THE EXISTENCE OF THE FEE, INCLUDING A
PROCEDURE FOR APPEAL IF THE OWNER BELIEVES THE ASSESSED AMOUNT IS
INCORRECT,

(4) THE STATE ENGINEER SHALL TRANSMIT ALL MONEYS GENERATED
BY THE FEE TO THE STATE TREASURER, WHO SHALL DEPOSIT THEM IN THE
WATER ADMINISTRATION CASH FUND, WHICH FUND IS HEREBY CREATED IN
THE STATE TREASURY. ALL MONEYS CREDITED TO THE FUND AND
UNEXPENDED AT THE END OF ANY GIVEN FISCAL YEAR SHALL REMAIN IN THE
FUND AND SHALL NOT REVERT TO THE GENERAL FUND. ALL INTEREST
EARNED ON THE INVESTMENT OF MONEYS IN THE FUND SHALL BE CREDITED
TO THE FUND, MONEYS IN THE FUND SHALL BE APPROPRIATED SOLELY TO
THE DIVISION OF WATER RESOURCES AND THE DEPARTMENT OF NATURAL
RESOURCES FOR COSTS ASSOCIATED WITH THE STATE ENGINEER'S
ADMINISTRATION OF APPROPRIATIVE WATER RIGHTS, INCLUDING COSTS

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