§ 61-03-23 — Penalties - Civil

1. In addition to criminal sanctions that may be imposed pursuant to law, a person who
violates any provision of this title or any rules adopted under this title may be assessed
a civil penalty not to exceed twenty-five thousand dollars for each day the violation
occurred and continues to occur and may be required by the department to forfeit any
right to the use of water. The civil penalty for violation of an irrigation appropriation
permit may not exceed five thousand dollars for each day the violation occurred and
continues to occur. The civil penalty or forfeiture of a right to use water may be
adjudicated by the courts or by the department through an administrative hearing
under chapter 28-32.
2. If a civil penalty levied by the department after an administrative hearing is not paid
within thirty days after a final determination the civil penalty is owed, the civil penalty
may be assessed against the property of the landowner responsible for the violation
leading to the assessment of the penalty. The assessment must be collected as other
assessments made under this title are collected. Notwithstanding section 57-20-22, all
interest and penalties due on the assessment must be paid to the state. Any civil
penalty assessed under this section must be in addition to any costs incurred by the
department for enforcement of the order.