Augmentation administration fee

A.  From and after the date on which the district is initially organized under section 48‑4802, the state treasurer shall transfer all unencumbered monies for the purpose of augmentation of the water supply of the active management area levied pursuant to section 45‑611, subsection A, paragraph 2 and received after January 1, 1990 pursuant to section 45‑615, paragraph 1, with accrued interest, to the secretary-treasurer of the district for deposit in the general fund of the district.

B.  From and after the date on which the permanent board assumes office under section 48‑4831, the active management area is exempt from the groundwater withdrawal fee for augmentation under section 45‑611, subsection A, paragraph 2, but the state treasurer shall continue to transmit to the district all such monies that continue to be collected for periods preceding the permanent organization of the board.  The exemption provided by this subsection terminates if the district is dissolved under section 48‑4807.

C.  From and after the date on which the permanent board assumes office, the board may levy an annual groundwater withdrawal fee for augmentation of the water supply from each person withdrawing groundwater in the active management area in an amount not greater than two dollars per acre-foot of groundwater withdrawn and beneficially used.  The director of water resources shall collect the augmentation fee levied under this subsection.

D.  The permanent board shall set the augmentation fee under subsection C of this section not later than October 1 of each year for the following calendar year.  Within thirty days after the permanent board sets the augmentation fee, the board shall give written notice of the fee to:

1.  The clerk of the board of supervisors of the counties in the active management area and to the mayor of each city or town, to each water company and to the presiding officer of each political subdivision established pursuant to chapter 17, 18, 19 or 20 of this title in the active management area.

2.  All holders of grandfathered rights and groundwater withdrawal permits in the active management area.

E.  A person who, under section 45‑604, subsection B, is not required to use and does not use a water measuring device to measure withdrawals made pursuant to a type 2 non-irrigation grandfathered right or a groundwater withdrawal permit shall pay an amount equal to the augmentation fee set by the board for the calendar year multiplied by the number of acre‑feet of the grandfathered right or the groundwater withdrawal permit.