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 $300.

(2) An action to recover the penalty may be brought by the department and filed in the district court in the county where the real property is located.

(3) The department may recover its reasonable costs for recovering the penalty, including but not limited to attorney fees and costs incurred during collection.

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