§ 41-3-312 — Alterations or repairs of dams or diversion systems; inspections at other than regular times; cost; unsafe structures

Wyoming § 41-3-312

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

Text

(a) The state engineer may, or upon written request from
any person or persons residing on or owning land near any dam,
reservoir or diversion system shall, order an inspection of
those works at any time other than the time set for regular
inspections as provided for in W.S. 41-3-311(a). Before ordering
an inspection, the state engineer may require any person or
persons requesting the inspection to deposit a sum of money
sufficient to pay the expenses of the inspection into the state
engineer's holding account. If after the inspection the dam,
reservoir or diversion system is determined to be in a safe and
usable condition, the state engineer may cause the whole or part
of the expenses of the inspection to be paid out of the state
engineer's holding account. Any excess funds shall be returned
to the person or persons advancing the funds.
(b) If the dam, reservoir or diversion system is found to
be defective, any funds deposited by the person or persons
requesting the inspection shall be returned and the state
engineer may require the person or persons owning the dam,
reservoir or diversion system in question to pay the whole or
any part of the expenses of inspection. If the state engineer
requires a payment, he shall present a bill of costs to the
owner or owners, and if the owner or owners refuse or neglect to
pay the costs 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. If the inspection discloses defects in the works
which in the judgment of the state engineer or his authorized
agent constitute a threat to life or property, the state
engineer may, without incurring any liability, order the
draining of any reservoir involved, or the limitation or
cessation of its use or the use of any defective works until
such time as the owner of the reservoir or other works returns
the works to a safe condition as approved by the state engineer.
The lien shall be filed as provided by W.S. 41-3-310(c).