Montana § 85-2-122 Penalties

Montana Statutes

§ 85-2-122 — Penalties

Montana § 85-2-122

Title 85WATER USE

Ch. 2SURFACE WATER AND GROUND WATER

Part 1General Provisions

This text of Montana § 85-2-122 (Penalties) is published on Counsel Stack Legal Research, covering Montana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mont. Code Ann. § 85-2-122 (2026).

Text

85-2-122 . Penalties.

(1)Except as provided in 85-2-410 (6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114 , any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.

(2)Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114 .

(3)If a fine is collected by an independent action brought by:

(a)the county attorney, the fine must be deposited in the general fund of the county; or

(b)the county attorney with assistance from the attorney general or by the attor

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85-2-122 . Penalties. (1) Except as provided in 85-2-410 (6), a person who violates or refuses or neglects to comply with the provisions of 85-2-114 , any order of the department, or any rule of the department is subject to a civil penalty not to exceed $1,000 per violation. Each day of violation constitutes a separate violation.
(2) Except as provided in subsection (3), fines collected by the department or a district court under subsection (1) must be deposited in the account established in 85-2-318 for use by the department in the enforcement of 85-2-114 .
(3) If a fine is collected by an independent action brought by:
(a) the county attorney, the fine must be deposited in the general fund of the county; or
(b) the county attorney with assistance from the attorney general or by the attorney general, the fine must be deposited in the water right enforcement account created in 44-4-1101 and must be used to enforce the provisions of 85-2-114 .

Legislative History

En. Sec. 37, Ch. 452, L. 1973; R.C.M. 1947, 89-8-101 ; amd. Sec. 21, Ch. 573, L. 1985; amd. Sec. 2, Ch. 677, L. 1991; amd. Sec. 444, Ch. 418, L. 1995; amd. Sec. 2, Ch. 381, L. 2001; amd. Sec. 2, Ch. 457, L. 2001; amd. Sec. 4, Ch. 103, L. 2009.