enforcement of domestic purpose and domestic use limitations

42-1701C. enforcement of domestic purpose and domestic use limitations. (1) If the director of the department of water resources becomes aware of water use that exceeds the authorized limits of an appurtenant water right for domestic purposes or uses as defined in section 42-111, Idaho Code, regardless of when the use was established, the director may: (a) Notify the property owner, in writing, of the alleged excess use; and (b) Provide the property owner ninety (90) days to remedy the excess use or provide information that the water use does not exceed authorized limits of the appurtenant water right for domestic purposes or uses. (2) If, after notification by the director pursuant to subsection (1) of this section, the property owner fails to remedy the excess use or to provide information that the use does not exceed authorized limits within the time prescribed and to the director’s satisfaction, then the director shall issue a notice of violation to the property owner, identifying the information supporting the determination of excess use. (3)(a) Any person to whom a notice of violation has been issued pursuant to subsection (2) of this section shall be liable for a civil penalty pursuant to this section. (i) For excess irrigation, a penalty of five hundred dollars ($500) for every one-tenth (0.1) of an acre in excess irrigation above the authorized limits shall be assessed. (ii) For excess use other than irrigation, the lesser of the following shall be assessed: 1. One hundred dollars ($100) for every day water is diverted at a rate that exceeds the maximum authorized diversion rate; or 2. One hundred dollars ($100) for every acre-foot diverted in excess of the maximum authorized annual diversion volume. (b) Penalties shall be renewed each year until the excess use has been remedied to the director’s satisfaction but shall not exceed five thousand dollars ($5,000) in any given year. (4) The director may request that the county in which the property is located collect the penalty for excess use. If the county agrees to collect the penalty: (a) The director shall provide the county with a copy of the notice of violation issued pursuant to this section; and (b) The county shall retain half of the penalty proceeds and deliver the other half to the director. (5) Unpaid penalties shall be filed as a lien against the property until paid in full. (6) Once a penalty has been assessed for a particular irrigation season, as provided in this section, it shall be due and payable even if the excess use is subsequently resolved.