HOUSE BILL NO. 570
INTRODUCED BY J. SHOCKLEY
AN ACT REVISING WATER LAWS; AUTHORIZING A COUNTY ATTORNEY TO BRING AN INDEPENDENT ACTION FOR THE ENFORCEMENT OF WATER USE LAWS; CHANGING THE ALLOWABLE TIME FOR ATTEMPTING TO OBTAIN VOLUNTARY COMPLIANCE; PROVIDING FOR THE DEPOSIT OF PENALTIES COLLECTED PURSUANT TO AN INDEPENDENT ACTION; AMENDING SECTIONS 85-2-114, 85-2-122, AND 85-2-123, MCA; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 85-2-114, MCA, is amended to read:
"85-2-114. Judicial enforcement. (1) If the department ascertains, by a means reasonably considered sufficient by it, that a person is wasting water, using water unlawfully, preventing water from moving to another person having a prior right to use the water, or violating a provision of this chapter, it may, after reasonable attempts have failed to obtain voluntary compliance as provided in subsection (4), petition the district court supervising the distribution of water among appropriators from the source to:
(a) regulate the controlling works of an appropriation as may be necessary to prevent the wasting or unlawful use of water or to secure water to a person having a prior right to its use;
(b) order the person wasting, unlawfully using, or interfering with
another's rightful use of the water to cease and desist from doing so and to
take such steps as that may be necessary to remedy the waste, unlawful use, or
interference; or
(c) issue a temporary, preliminary, or permanent injunction to prevent a violation of this chapter. Notwithstanding the provisions of Title 27, chapter 19, part 3, a temporary restraining order must be granted if it clearly appears from the specific facts shown by affidavit or by the verified complaint that a provision of this chapter is being violated.
(2) Upon the issuance of an order or injunction, the department may attach
to the controlling works a written notice, properly dated and signed, setting
forth the fact that the controlling works have been properly regulated by it,.
which The notice shall be constitutes legal notice to all persons interested in
the appropriation or distribution of the water.
(3) The department may also direct its own attorney or request the
attorney general or county attorney to bring suit to enjoin such the waste,
unlawful use, interference, or violation. The county attorney may prosecute
under 85-2-122(1) or bring an action under 85-2-122(2) without being
requested to do so by the department. The attorney general and a county
attorney are subject to the voluntary compliance provisions of subsection (4).
(4) The department must shall attempt to obtain voluntary compliance
through warning, conference, or any other appropriate means before
petitioning the district court under subsection (1). The attempts to obtain
voluntary compliance under this subsection must extend over a period of at
least 7 days and may not exceed 3 30 working days."
Section 2. Section 85-2-122, MCA, is amended to read:
"85-2-122. Penalties. (1) A person who violates or refuses or neglects to comply with the provisions of this chapter, any order of the department, or any rule of the department is guilty of a misdemeanor.
(2) 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.
(3) (a) Fines Except as provided in subsection (3)(b), fines collected by
the department or a district court under subsection (2) must be deposited in
the account established in 85-2-318 for use by the department in the
enforcement of 85-2-114.
(b) If a fine is collected by an independent action brought by the county attorney, the fine must be deposited in the general fund of the county."
Section 3. Section 85-2-123, MCA, is amended to read:
"85-2-123. Deposit of fees and penalties. Except as provided in 85-2-122 and 85-2-124, all fees and penalties collected under this chapter must be deposited in the water right appropriation account established in 85-2-318. Except for fines collected by a district court under 85-2-122, all penalties or fines imposed by any court other than a justice's court for a violation of this chapter must be deposited in the general fund of the county where the court presides and must be disposed of in the same manner as any other penalty or fine."
Section 4. Effective date. [This act] is effective on passage and approval.
- END -
Latest Version of HB 570 (HB0570.ENR)
Processed for the Web on April 17, 2001 (8:53AM)
New language in a bill appears underlined, deleted material appears stricken.
Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted. See the status of this bill for the bill's primary sponsor.
Status of this Bill | 2001 Legislature | Leg. Branch
Home
This
bill in WP 5.1 |Authorized
print version w/line numbers (PDF format)
(406)444-3064