61-04-11. Inspection of works

61-04-11. Inspection of works If the department of water resources, in the course of the department's duties, finds any works used for the storage, diversion, or carriage of water are unsafe and a menace to life or property, the department shall notify the owner or the owner's agent, specifying the changes necessary and allowing a reasonable time for putting the works in safe condition. Upon the request of any party, accompanied by the estimated cost of inspection, the department shall inspect any alleged unsafe works. If the works are found unsafe by the department, the money deposited by the party must be refunded, and the fees for inspection must be paid by the owner of the works. If the owner of the works does not pay the fees within thirty days after the decision of the department, the fees must be a lien against any property of the owner, and the state's attorney of the county shall initiate a suit to recover the fees from the owner at the request of the department. The department may inspect any works under construction for the storage, diversion, or carriage of water and may require any changes necessary to secure the safety of the works. The fees for the inspection must be a lien on any property of the owner and must be subject to collection as provided in this chapter but neither the United States nor the state of North Dakota nor any government agency may be required to pay such fees.