TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 3

APPROPRIATION OF WATER — CANCELATION OF PERMITS

42-351.  Illegal diversion or use of water — Enforcement procedure — Injunctive relief. (1) It is unlawful for any person to divert or use water:

(a)  From a natural watercourse or from a ground water source without having obtained a valid water right to do so;

(b)  Not in conformance with a valid water right; or

(c)  In substantial violation of any provision of this title, or any rule, permit, condition of approval, or order issued or promulgated pursuant to this title that is related to the diversion or use of water.

(2)  Upon investigation of available information, the director of the department of water resources shall have the discretion to:

(a)  Issue a written notice of violation to the person in accordance with the provisions of section 42-1701B, Idaho Code, for the illegal diversion or use of water; or

(b)  Proceed with enforcement actions pursuant to section 42-1701C, Idaho Code, in cases of diversions for domestic purposes or uses as defined in section 42-111, Idaho Code; and

(3)  Notwithstanding the provisions of subsection (2) of this section, the director may also file an action seeking injunctive relief directing the person to cease and desist the activity or activities alleged to be in violation of applicable law or any existing water right.

History:

[42-351, added 1986, ch. 313, sec. 8, p. 774; am. 1988, ch. 83, sec. 3, p. 145; am. 1994, ch. 450, sec. 5, p. 1438; am. 1998, ch. 173, sec. 4, p. 602; am. 2003, ch. 165, sec. 1, p. 467; am. 2025, ch. 129, sec. 3, p. 665.]