46-2-13. Fees of department--Payment to state treasury to environment and natural resources fee fund. The department shall charge and receive the following fees, to be collected in advance:

(1) For filing and examining a location notice required for construction of a structure across a dry draw or nonnavigable watercourse for the purpose of diverting or collecting storm water and of applying the water to beneficial use, fifty dollars;

(2) For filing and examining an application for a permit to appropriate water, to construct works and to put the water to beneficial use, including filing of proofs of publication, recording the permit to appropriate water and action on all other papers relating to the application up to and including issuance of the permit, five hundred dollars for the first one hundred twenty acre feet per year or fraction thereof, two hundred fifty dollars for the second one hundred twenty acre feet or fraction thereof and one hundred dollars for each subsequent one hundred twenty acre feet or fraction thereof. If the water permit is denied, seventy-five percent of the fee shall be returned to the applicant. The fee for an application to appropriate 0.1 cubic feet per second or less, to change a diversion point or to add a diversion point with no new appropriation of water is one hundred dollars. The fee for filing and examining an application to appropriate water for future use is equal to ten percent of the fee charged for an application to appropriate water, construct works and put the water to beneficial use. The fee for maintaining the effectiveness of a future use permit after the period of seven years as set out in § 46-5-38.1 is likewise equal to ten percent of the fee charges for an application to appropriate water, construct works, or put the water to beneficial use. If an application to put part or all of the water reserved by a future use permit to beneficial use is filed, the entire fee for an application to appropriate water, construct works, or put water to beneficial use shall be paid;

(3) For each inspection of constructed water use works, including diversion works, dams, pumping plants, canals, or other conduits and for confirming the application of water to beneficial use under provisions of a permit to appropriate water, including issuance of a water license, two hundred dollars. The fee shall be submitted with the application to appropriate water and be refunded if the application is denied;

(4) For officially filing a transfer of ownership of an application or permit to appropriate water, fifty dollars;

(5) For filing and examining an application to reinstate a permit filed pursuant to § 46-2A-8.1, one hundred dollars; and

(6) For filing and examining an application to claim a vested right pursuant to §§ 46-5-49 and 46-6-2, fifty dollars, which may not be refunded.

All fees received by the department shall be paid into the state treasury to the environment and natural resources fee fund established in § 1-40-30.

Source: SDC 1939, § 55.1806; SL 1959, ch 450, § 1; SDC Supp 1960, § 61.0159; SL 1977, ch 348, § 1; SL 1978, ch 316; SL 1981, ch 314; SL 1983, ch 314, §§ 28 to 28B; SL 1985, ch 345, § 1; SL 1986, ch 363, § 7; SL 1992, ch 254, § 81; SL 1993, ch 334, § 1; SL 1994, ch 23, § 11; SL 2009, ch 13, § 8.