§ 61-04-11 — Inspection of works

If the department of water resources, in the course of the department's duties, finds any
works used for the storage, diversion, or carriage of water are unsafe and a menace to life or
property, the department shall notify the owner or the owner's agent, specifying the changes
necessary and allowing a reasonable time for putting the works in safe condition. Upon the
request of any party, accompanied by the estimated cost of inspection, the department shall
inspect any alleged unsafe works. If the works are found unsafe by the department, the money
deposited by the party must be refunded, and the fees for inspection must be paid by the owner
of the works. If the owner of the works does not pay the fees within thirty days after the decision
of the department, the fees must be a lien against any property of the owner, and the state's
attorney of the county shall initiate a suit to recover the fees from the owner at the request of the
department. The department may inspect any works under construction for the storage,
diversion, or carriage of water and may require any changes necessary to secure the safety of
the works. The fees for the inspection must be a lien on any property of the owner and must be
subject to collection as provided in this chapter but neither the United States nor the state of
North Dakota nor any government agency may be required to pay such fees.