85-2-122. Penalties. (1) Except as provided in 85-2-410(6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114, any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.
     (2) Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114.
     (3) If a fine is collected by an independent action brought by:
     (a) the county attorney, the fine must be deposited in the general fund of the county; or
     (b) the county attorney with assistance from the attorney general or by the attorney general, the fine must be deposited in the water right enforcement account created in 44-4-1101 and must be used to enforce the provisions of 85-2-114.

     History: En. Sec. 37, Ch. 452, L. 1973; R.C.M. 1947, 89-8-101; amd. Sec. 21, Ch. 573, L. 1985; amd. Sec. 2, Ch. 677, L. 1991; amd. Sec. 444, Ch. 418, L. 1995; amd. Sec. 2, Ch. 381, L. 2001; amd. Sec. 2, Ch. 457, L. 2001; amd. Sec. 4, Ch. 103, L. 2009.