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.
History:
[42-351, added 1986, ch. 313, sec. 8, p. 774; am. 1988, ch. 83, sec. 3, p. 145; am. 1994, ch. 450, sec. 5, p. 1438; am. 1998, ch. 173, sec. 4, p. 602; am. 2003, ch. 165, sec. 1, p. 467.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Chapter 3 - APPROPRIATION OF WATER — CANCELATION OF PERMITS
Section 42-301 - PERMITS CONTESTABLE — WHEN AND BY WHOM.
Section 42-302 - PETITION FOR CANCELLATION.
Section 42-303 - NOTICE OF CONTEST.
Section 42-310 - RECORD OF CANCELLATION.
Section 42-311 - CANCELLATION OF PERMIT — GROUNDS — HEARING — PERMITTEE DEFINED.
Section 42-350 - REVOCATION OF LICENSE — GROUNDS — HEARING — LICENSEE DEFINED.
Section 42-351 - ILLEGAL DIVERSION OR USE OF WATER — ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF.