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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