Montana § 85-2-122 Penalties

Montana Statutes

§ 85-2-122 — Penalties

Montana·Title 85 WATER USE·Ch. 2 SURFACE WATER AND GROUND WATER·Part 1 General Provisions

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 .

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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.