[§179D-26]  Liens.  (a)  Costs of
construction, enlargement, repair, alteration, or removal work done to render a
dam, reservoir, or appurtenances safe shall constitute a statutory lien against
all property of the owner.  Notwithstanding any other law to the contrary, the
lien shall be considered prior and superior to all other mortgages, liens, or
encumbrances of record even if those other mortgages, liens, or encumbrances
were filed before the lien pursuant to this subsection becomes due.



(b)  Liens pursuant to subsection (a) may be
perfected and foreclosed in advance of construction, enlargement, repair,
alteration, or removal or after completion of the construction, enlargement,
repair, alteration, or removal.  If perfected in advance, the lien shall be
perfected by the filing of an affidavit of the board setting forth the estimate
of the costs of construction, enlargement, repair, alteration, or removal
within the county in which the dam or reservoir is located in the same manner
as prescribed for mechanic's liens.  When the affidavit is filed, the amount
set forth in the affidavit shall be a lien in that amount against all property
of the owner.  If the actual cost of construction, enlargement, repair,
alteration, or removal exceeds the estimated cost, the board may amend the
affidavit setting forth the additional estimated cost.  If the estimated cost
exceeds the actual costs of construction, enlargement, repair, alteration, or
removal at completion, the board shall file an amended affidavit at completion. 
If a lien is perfected in advance and the construction, enlargement, repair,
alteration, or removal is not commenced within two years from the date of
perfection, the lien shall be void.  The board shall file a satisfaction of
lien upon payment of the costs of construction, enlargement, repair,
alteration, or removal by the owner. [L 2007, c 262, pt of §1]