TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 16

ARTESIAN WELLS

42-1605.  Enforcement procedure — Injunctive relief — Criminal penalties. (1) When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. The director may petition the district court for injunctive relief in order to prevent damage pending the outcome of enforcement proceedings before the director.

(2)  Criminal penalties. Any person who willfully or negligently violates any of the provisions of this chapter shall, for each offense, be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than three hundred dollars ($300) and not more than one thousand dollars ($1,000). Each day upon which such violation occurs shall constitute a separate violation.

History:

[(42-1605) 1921, ch. 196, sec. 5, p. 399; I.C.A., sec. 41-1405; am. 1987, ch. 347, sec. 12, p. 754; am. 1993, ch. 216, sec. 34, p. 617; am. 1998, ch. 173, sec. 7, p. 606.]