§ 41-3-310 — Alterations or repairs of dams or diversion systems; inspections by state engineer or assistant engineer; cost

Wyoming § 41-3-310

• Jurisdiction: Wyoming
• Title 41: Water
• Ch. 3: WATER RIGHTS; ADMINISTRATION AND CONTROL
• Art. 3: RESERVOIRS

Text

(a) If the state engineer believes that inspections
carried out under W.S. 41-3-309 are inadequate or that
additional inspections are necessary, the state engineer may
inspect personally or appoint an assistant engineer to inspect
the construction, enlargement, repair, alteration or removal of
any dam or diversion system. If after any inspection the state
engineer or his representative finds that amendments,
modifications or changes are necessary in order to insure the
security and integrity of the work and structure, the protection
of property or the public safety, the state engineer may order
the owner or owners of the dam or diversion system to revise the
plans and specifications, or order work stopped. It is unlawful
to proceed with or continue the work until any revisions have
been approved by the state engineer.
(b) Any inspections required by this section shall be made
at state expense, provided the assistant engineer performing
such inspections is an employee of the state of Wyoming.
(c) If the assistant engineer is not a regular employee of
the state of Wyoming, inspections shall be made at the expense
of the owner. The owner shall be furnished with an estimate of
the cost prior to performance of any inspections, but the state
engineer is not precluded from collecting any or all additional
costs which result from performance of the inspections. Costs to
be paid by the owner shall include, but are not limited to, all
work or tests as are necessary to fully provide any information
and data required by the state engineer or his appointed
representative. If the owner refuses or neglects to turn over
the funds within thirty (30) days, after the presentation of the
bill of costs, the costs shall constitute a lien upon the works
or other properties of the owner or owners and may be collected
by appropriate action in any court of competent jurisdiction. In
order to have a valid, enforceable lien under this section, a
lien statement sworn to before a notarial officer shall be filed
by the claimant with the county clerk of the county in which the
property is located. The county clerk shall file the statement
and index by date, name of claimant and property owner, and by
legal description. The lien statement shall contain the
following:
(i) The name and address of the governing body
seeking to enforce the lien;
(ii) The name and address of the person against whose
property the lien is filed; and
(iii) The legal description of the property to which
the lien attaches.
(d) All funds paid by the owner to the state engineer
shall be deposited in the state engineer's holding account from
which account the costs incurred as a result of any inspections
or other work deemed necessary under this section shall be paid.
Any funds not so expended shall be returned to the person or
persons advancing the funds.