Idaho § 42-3809 ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF

Idaho Statutes

§ 42-3809 — ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF

Idaho·Title 42 IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION·Ch. 38 ALTERATION OF CHANNELS OF STREAMS

The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Provided however, that no civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order i

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The director of the department of water resources is hereby vested with the power and authority to enforce the provisions of this chapter and rules and regulations promulgated pursuant to it. When the director of the department of water resources determines that any person is in substantial violation of any provision of this chapter or any rule, permit, certificate, condition of approval or order issued or promulgated pursuant to this chapter, the director may commence an administrative enforcement action by issuing a written notice of violation in accordance with the provisions of section 42-1701B, Idaho Code. Provided however, that no civil or administrative proceeding may be brought to recover for a violation of any provision of this chapter or a violation of any rule, permit or order issued or promulgated pursuant to this chapter more than two (2) years after the director had knowledge or ought reasonably to have had knowledge of the violation. The director shall have authority and it shall be his duty to seek a temporary injunction from the appropriate district court to restrain a person from altering a stream channel until approval therefor has been obtained by the person as provided in this act.

Idaho § 42-3809 (ENFORCEMENT PROCEDURE — INJUNCTIVE RELIEF) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

[42-3809, added 1971, ch. 337, sec. 9, p. 1304; am. 1972, ch. 137, sec. 2, p. 303; am. 1974, ch. 20, sec. 37, p. 533; am. 1978, ch. 327, sec. 1, p. 822; am. 1980, ch. 331, sec. 2, p. 855; am. 1994, ch. 292, sec. 3, p. 914; am. 1998, ch. 173, sec. 10, p. 611; am. 2012, ch. 121, sec. 1, p. 337; am. 2021, ch. 65, sec. 5, p. 202.]