2005 Idaho Code - 42-1605 — ENFORCEMENT PROCEDURE -- INJUNCTIVE RELIEF -- CRIMINAL PENALTIES

                                  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.