82a-305a. Unlawful acts; penalties; injunction. (a) Any person, partnership, association, corporation or agency or political subdivision of the state government who violates any provision of this act or of any rule and regulation or order issued pursuant thereto shall be deemed guilty of a class C misdemeanor. Each day that any such violation occurs after notice of the original violation is served upon the violator by the chief engineer by restricted mail shall constitute a separate offense.
(b) Upon request of the chief engineer, the attorney general shall bring suit in the name of the state of Kansas in any court of competent jurisdiction to enjoin (1) the unlawful construction, modification, operation or maintenance of any dam or other water obstruction, or (2) the unlawful change or diminution of the course, current or cross section of a river or stream. Such court may require the removal or modification of any such dam or other water obstruction by mandatory injunction.
History: L. 1978, ch. 431, ยง 5; April 11.
Structure Kansas Statutes
Chapter 82a - Waters And Watercourses
Article 3 - Obstructions In Streams
82a-302 Applications for consent or permit, fees; contents; rules and regulations; permit fees.
82a-303 Same; conditions to permits; unlawful acts.
82a-303a Rules and regulations by chief engineer.
82a-305a Unlawful acts; penalties; injunction.
82a-308 Same; expenses and damages; tax levy, use of proceeds.
82a-309 Distribution of proceeds from sale of sand products taken from river beds owned by state.
82a-311 Same; cost of surveys; how paid; division of balances of proceeds.
82a-325 Water projects environmental coordination act; purpose.
82a-326 Water projects environmental coordination act; definitions.