46-2,101. Fee or assessment; application for approval; contents; fee schedule.
(1) Any person intending to levy fees or assessments in accordance with section 46-299 or to modify such fees or assessments shall, prior to levying such fees, assessments, modified fees, or modified assessments, file with the department an application for approval of authority to levy such fees on a form prescribed and furnished by the department.
(2) Such an application shall include a fee schedule and the following information:
(a) The source of the water stored or to be stored underground;
(b) The underground water storage method;
(c) The relative amounts of water stored or to be stored underground and naturally occurring ground water;
(d) The data or reference studies used by the applicant to determine the underground water storage;
(e) A description of the areas served or to be served by the water stored underground;
(f) The amount of surface water, if any, for which the applicant has an appropriation; and
(g) The manner, use, and location of any such surface water appropriation.
The application shall be processed under the applicable rules and regulations of the department adopted and promulgated pursuant to section 61-206.
(3) An application shall be approved if the fees, assessments, modified fees, or modified assessments appear reasonable and comply with the requirements of section 46-299.
(4) The department shall review approved fee schedules every five years after approval to determine whether the fees should be increased, decreased, or eliminated, except that if the adopted schedules have been pledged to repayment of financing for the project, the department shall only review after repayment is completed.
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