28-5611. Refunds; motor vehicle fuel
A. Except as provided in subsection B of this section, on application to the director pursuant to this article and if section 28-5612 is complied with, a person who buys and uses motor vehicle fuel shall receive a refund in the amount of the tax if the person pays the tax on the fuel and either:
1. Uses the fuel other than in any of the following:
(a) A motor vehicle on a highway in this state.
(b) Watercraft on the waterways of this state.
(c) A motor vehicle operating on a transportation facility or toll road pursuant to chapter 22 of this title.
2. Buys aviation fuel for use in aircraft applying seeds, fertilizer or pesticides.
3. Loses the fuel by fire, theft or other accident.
B. If a claim for refund is based on the use of motor vehicle fuel in aircraft, five cents of the tax collected on each gallon of motor vehicle fuel claimed shall remain in the state aviation fund, and the department shall refund the remainder of the tax pursuant to section 28-5612.