(1) The board may require a person awarded a lease under the program to repay the state for money received under the lease if the board finds that the person failed to comply with the conditions of the lease or diverted water in violation of the lease. (2) (a) To commence an enforcement action under section, the board shall issue a notice of violation that includes notice of the amount of repayment for which a person is subject. (b) The board's issuance and enforcement of a notice of violation is exempt from Title 63G, Chapter 4, Administrative Procedures Act. (c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the board may make rules necessary to enforce a notice of violation, that includes: (i) provisions consistent with this Subsection (2) for enforcement of the notice if a person to whom a notice is issued fails to respond to the notice or abate the violation; (ii) the right to a hearing, upon request by a person against whom the notice is issued; and (iii) provisions for timely issuance of a final order after the person to whom the notice is issued fails to respond to the notice or abate the violation, or after a hearing held under Subsection (2)(c)(ii). (d) A person may not intervene in an enforcement action commenced under this section. (e) After issuance of a final order under rules made pursuant to Subsection (2)(c), the board shall serve a copy of the final order on the person against whom the order is issued by: (i) personal service under Utah Rules of Civil Procedure, Rule 5; or (ii) certified mail. (f) (i) A court with jurisdiction may review the board's final order de novo in Salt Lake County or the county where the violation occurred. (ii) A person shall file a petition for judicial review of the board's final order issued under this section within 20 days from the day on which the final order was served on the person. (g) The board may bring suit in a court with jurisdiction to enforce a final order issued under this section. (h) If the board prevails in an action brought under Subsection (2)(f) or (g), the state may recover court costs and reasonable attorney fees. (i) The board shall deposit money collected under this section into the General Fund as a dedicated credit to be used to implement the program. (3) This section does not limit or impair the state engineer's enforcement powers set forth in Section 73-2-25.
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