85-2-431. Penalty. (1) A person who fails to comply with the requirements of 85-2-424 is liable for a civil penalty of not more than $75.

(2) An action to recover the penalty must be brought by the department and filed in the district court for the first judicial district. At the discretion of the department, the judgment may be certified to the district court in the county where the real property is located.

(3) Any penalty fee collected under this section must be deposited in the water right appropriation account provided for in 85-2-318.