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.
History: En. Sec. 4, Ch. 271, L. 1985; amd. Sec. 4, Ch. 167, L. 1997; amd. Sec. 14, Ch. 70, L. 2005; amd. Sec. 6, Ch. 366, L. 2007; amd. Sec. 2, Ch. 260, L. 2021; amd. Sec. 53, Ch. 535, L. 2021.
Structure Montana Code Annotated
Chapter 2. Surface Water and Ground Water
85-2-402. Changes in appropriation rights -- definition
85-2-403. Transfer of appropriation right
85-2-404. Abandonment of appropriation right
85-2-405. Procedure for declaring appropriation rights abandoned
85-2-406. District court supervision of water distribution
85-2-407. Temporary changes in appropriation right
85-2-408. Temporary change authorization for instream flow -- additional requirements
85-2-410. Short-term lease of appropriation right
85-2-411. Water turned into natural channels
85-2-412. Return of surplus water to stream
85-2-413. Diversion of natural flow of waters -- when permitted
85-2-415. Owners of water to sell surplus
85-2-416. Duty of purchaser to dig ditches
85-2-417. Enforcement of right to surplus
85-2-418. Purchaser not to sell surplus water
85-2-420. Change in appropriation right for aquifer recharge or mitigation -- marketing
85-2-423. Water right ownership update form
85-2-428. through 85-2-430 reserved