2005 Idaho Code - 42-351 — ILLEGAL DIVERSION OR USE OF WATER -- ENFORCEMENT PROCEDURE -- INJUNCTIVE RELIEF

                                  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
from a natural watercourse or from a ground water source without having
obtained a valid water right to do so, or to divert or use water not in
conformance with a valid water right.
    (2)  It is unlawful for any person to divert or use water 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.
    (3)  Upon investigation of available information, the director of the
department of water resources shall have the discretion to 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.
    (4)  Notwithstanding the issuance of a notice of violation, 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.