A person wishing to use seepage water from a constructed works shall apply to the department of water resources for the use in the same manner as applying for a permit to use unappropriated water and shall pay to the owner of the works a reasonable charge for the storage or carriage of the water in the works, if the appearance of the seepage water can be traced beyond reasonable doubt to the storage or carriage of water in the works. The department of water resources may not issue a permit to appropriate the seepage waters until any agreement for the payment of reasonable charges required by this section is executed.