Any pretended deed, contract or other instrument conveying or pretending to convey water rights in such irrigation works prior to the filing of such certificate in the county recorder's office or in excess of the water rights or amount of water authorized to be sold by the department, as shown by the certificate or certificates so issued and filed for record, shall be absolutely null and void, and the owner of such irrigation works, or those claiming to be the owner thereof and the officers, agents and representatives of any such owner or claimant, or those claiming to be the officers, agents or representatives of any such owner or claimant, who shall make or attempt to make any deed, contract or agreement relative to the sale of water rights in such irrigation works, or for the furnishing of water therefrom, prior to the filing of such certificate, or in excess of the capacity of such irrigation works, as shown by the certificate or certificates of the department of water resources, or who shall violate any of the provisions of section 42-2604 , [Idaho Code,] shall be jointly, severally and personally liable upon and for all such contracts and agreements and for any and all damages, directly or indirectly sustained by the purchasers of water rights or interests in such irrigation works, through the failure of such owner or claimant, or of the officers, agents and representatives of such owner or claimant or of those claiming to be the officers, agents or representatives of the owner or claimant, to comply with the provisions of this chapter, and in addition thereto, every such owner, claimant, officer, agent or representative shall be guilty of a misdemeanor, punishable by a fine of not less than $100 nor more than $300, or by imprisonment in the county jail not exceeding six (6) months, or by both such fine and imprisonment.
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