73-2-28. Costs and fees in civil actions.
The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought:
(1) under Section; 73-1-14
(2) under Section; 73-1-15
(3) for injuries caused by a diversion of water for which no water right has been established;
(4) for injuries caused by a diversion of water in violation of an existing water right; or
(5) for injuries caused by a violation of a written distribution order from the state engineer.