The prevailing party in a civil action is entitled to collect reasonable costs and attorney fees, if that action is brought:

1. (1) under Section 73-1-14;
2. (2) under Section 73-1-15;
3. (3) for injuries caused by a diversion of water for which no water right has been established;
4. (4) for injuries caused by a diversion of water in violation of an existing water right; or
5. (5) for injuries caused by a violation of a written distribution order from the state engineer.

Enacted by Chapter 33, 2005 General Session