(1) There is hereby created in the state treasury the water resources cash fund, referred to in this section as the "fund". Revenues credited to the fund and unexpended at the end of each fiscal year remain in the fund and do not revert to the general fund. All interest derived from the deposit and investment of revenues in the fund remain in the fund and do not revert to the general fund.
(2) The state engineer shall collect the following fees and transmit them to the state treasurer, who shall credit them to the fund, except as specified in paragraph (b) of this subsection (2):
(a) The state engineer shall set fees by rule for:
The distribution of data generated, collected, studied, and compiled about the watersupplies of this state, which fees shall reflect the direct and indirect costs of such distribution;
The sale of publications of the division of water resources, which fees shall reflectthe direct and indirect costs of such publications;
(b) The state engineer shall collect fees pursuant to sections 37-90-105 (3)(a) and (4); 37-90-107 (7)(c)(I) and (7)(d)(I); 37-90-108 (4) and (6); 37-90-116 (1)(a), (1)(c), (1)(h), and
(1)(i); 37-90-137 (2), (3)(a), and (3)(c); 37-90.5-106; 37-92-305 (17); 37-92-308; and 37-92-602 (1)(g)(III)(C), (3)(a), and (5). The treasurer shall credit the fees collected pursuant to this paragraph (b) to the fund except as specified in section 37-80-111.5 (1)(d).
(3) The state engineer may expend moneys in the fund, subject to appropriation by the general assembly, for the purposes specified in the sections listed in paragraph (b) of subsection (2) of this section and for the following purposes:
Developing an automated well permit processing system that will expedite the issuance of well permits, creating and maintaining a groundwater information management system, establishing a groundwater data network, establishing groundwater recharge programs, conducting groundwater investigations, monitoring compliance with rooftop precipitation capture laws and permits pursuant to section 37-92-602 (1)(g), the administration of rotational crop management contracts, and for other groundwater-related activities that are deemed necessary by the state engineer in performing statutory duties, subject to appropriation by the general assembly. The office of the state engineer shall make data in the groundwater data network available to the public as expeditiously as possible.
Paying for publications made pursuant to section 37-90-116 (1)(f) to process finalpermits pursuant to section 37-90-108;
Reviewing applications for approval of a plan for augmentation or a plan of substitute supply pursuant to section 37-90-137 (11)(f);
Investigating and conducting enforcement of violations of orders issued by the stateengineer or the ground water commission for the illegal withdrawal of designated groundwater, including costs associated with the implementation of section 37-90-111.5;
Reviewing engineering reports, field inspections, and administering rotational cropmanagement contracts pursuant to section 37-92-305 (17);
Publishing and administrative costs incurred in processing applications and renewalsand administering substitute water supply plans pursuant to section 37-92-308;
Publishing and administrative costs incurred in processing applications, reviewingengineering reports, and administering interruptible water supply agreements pursuant to section 37-92-309; and
Funding the operations and administration of the division based on ongoing prioritiesof the division.
Source: L. 2012: Entire section added, (SB 12-009), ch. 197, p. 788, § 1, effective July 1. L. 2014: (2)(b) amended, (SB 14-105), ch. 48, p. 226, § 1, effective July 1. L. 2016: IP(3) amended, (SB 16-189), ch. 210, p. 791, § 101, effective June 6.