45-117. Water resources fund; purpose; monies
held in trust
A. The water resources fund is established to be maintained in perpetuity
consisting of:
1. Except as provided in section 45-113, subsection F, monies received pursuant to
sections 45-113, 45-115, 45-116, 45-183, 45-273, 45-292, 45-411.01, 45-467, 45-476.01,
45-595, 45-612, 45-703, 45-871.01, 45-874.01, 45-1021, 45-1041, 45-1205, 45-1603 and
45-1605.
2. Monies appropriated by the legislature to the water resources fund.
3. Gifts, grants and donations to the fund from any public or private source.
4. Interest and other income received from investing monies in the fund.
B. Monies in the fund are subject to legislative appropriation. Monies remaining in
the fund at the end of the fiscal year remain in the fund and are exempt from the
provisions of section 35-190 relating to lapsing of appropriations.
C. Monies in the fund shall be used exclusively by the department of water
resources to carry out the purposes of this title and shall not be appropriated for any
other purpose.
D. The director shall administer the fund. On notice from the director, the state
treasurer shall invest and divest the monies in the fund as provided by section 35-313
and monies earned from investment shall be credited to the fund.
E. Any fee, assessment or other levy that is authorized by law or administrative
rule and that is collected and deposited in the water resources fund shall be held in
trust. The monies in the fund may be used only for the purposes prescribed by statute and
shall not be appropriated or transferred by the legislature to fund the general
operations of this state or to otherwise meet the obligations of the general fund of this
state. This subsection does not apply to any taxes or other levies that are imposed
pursuant to title 42 or 43.
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