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<br />1166 <br /> <br />Water and Irrigation <br /> <br />Ch.310 <br /> <br />CONTEMPT OF COURT. SUCH PROCEEDINGS SHALL BE IN ADDITION TO, AND NOT IN <br />LIEU OF, ANY OTHER PENALTIES AND REMEDIES, PUBLIC OR PRIVATE, PROVIDED BY <br />LAW. <br /> <br />(5) (a) (I) ANY PERSON WHO DIVERTS DESIGNATED GROUND WATER CONTRARY TO <br />A VAllO ORDER OF THE COMMISSION OR STATE ENGINEER ISSUED PURSUANT TO <br />SECTION 37-90-105, 37-90-107, 37-90-108, 37-90-110, OR 37-90-111, OR IN <br />VIOLATION OF RULES ADOPTED BY THE COMMISSION OR STATE ENGINEER SHALL <br />FORFEIT AND PAY A SUM NOT to EXCEED FIVE HUNDRED DOLLARS FOR EACH DAY <br />SUCH VIOLATION CONTINUES. <br /> <br />(II) ANY PERSON WHO, WHEN REQUIRED TO DO SO BY RULES ADOPTED BY THE <br />COMMISSION OR STATE ENGINEER, FAILS TO SUBMIT DATA AS TO THE AMOUNTS OF <br />DESIGNATED GROUND W A'TER PUMPED FROM A WELL, MAKES A FALSE OR FICTlTIOUS <br />REPORT OF THE AMOUNTS OF DESIGNATED GROUND WATER PUMPED FROM A WELL, <br />FALSIFIES ANY DATA AS TO AMOUNTS PUMPED FROM A WELL, MAKES A FALSE OR <br />FICTITIOUS REPORT OF A POWER COEFFICIENT FOR A WELL, OR F ALSIFlES ANY POWER <br />COEFFICIENT TEST SHALL FORFEIT AND PAY A SUM NOT TO EXCEED FIVE HUNDRED <br />DOLLARS FOR EACH VIOLATION; EXCEPT THAT THIS SUBPARAGRAPH (II) SHALL NOT <br />APPLY TO AN ORDER ISSUED PURSUANT TO SECTION 37-90-1 10 (I) (i) OR 37-90-130 <br />(4) (c). <br /> <br />(111) IT IS UNLAWFUL FOR ANY PERSON NOT AUTHORIZED BY THE WELL OWNER, <br />COMMISSION, OR STATE ENGINEER TO WILLFULLY INTERFERE WITH ANY POWER <br />METER, TOTALIZING FLOW METER, OR OTHER DEVICE USED TO MEASURE DESIGNATED <br />GROUND WATER DIVERSIONS. ANY PERSON WHO WILLFULLY DAMAGES A POWER <br />METER, TOTALIZING FLOW METER, OR OTHER DEVICE USED TO MEASURE DESIGNATED <br />GROUNDWATER DIVERSIONS OR WHO TAMPERS WITH ORF ALSIFIES ANY RECORD MADE <br />OR BEING MADE BY ANY SUCH POWER METER, TOTALIZING FLOW METER, OR OTHER <br />DEVICE SHALL FORFEIT AND PAY A SUM NOT TO EXCEED FIVE HUNDRED DOLLARS FOR <br />EACH VIOLATION. <br /> <br />(IV) THIS PARAGRAPH (a) SHALL NOT APPLY TO ANY PERSON DIVERTING BY MEANS <br />OF A WELL DESCRIBED IN SECTION 37-90-105 (I) (a). <br /> <br />(b) A FINE COLLECTED FOR VIOLATIONS OF PARAGRAPH (a) OFTHIS SUBSECTION (5) <br />SHALL BE TRANSMITTED TO THE STATE TREASURER, WHO SHALL DEPOSIT IT IN THE <br />WELL ENFORCEMENT CASH FUND, WHICH FUND IS HEREBY CREATED IN THE Sf ATE <br />TREASURY. ALL MONEYS CREDITED TO THE FUND AND UNEXPENDED AT lHE END OF <br />ANY GIVEN FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT REy'EJ!T_TP_'I:HE__ ___- <br />GENERAL FUND. ALL INTEREST EARNED ON THE INVESTMENT OF MONEYS IN THE FUND <br />SHALL BE CREDITED TO THE FUND. MONEYS IN THE FUND SHALL BE APPROPRIATED <br />SOLELY TO THE DIVISION OF WAfER RESOURCES FOR COSTS ASSOCIATED WrrH THE <br />INVESTIGATION AND ENFORCEMENT OF VIOLATIONS OF ORDERS ISSUED BY THE STATE <br />ENGINEER OR THE COMMISSION FOR THE ILLEGAL WITHDRAWAL OF DESIGNATED <br />GROUND WATER, INCLUDING COSTS ASSOCIATED WITH THE IMPLEMENTATION OFTHIS <br />SECTION. <br /> <br />(6) ANY PERSON REQUIRED BY A VALID ORDER OF THE COMMISSION OR THE STATE <br />ENGINEER, OR BY EXISTING RULES OF THE COMMISSION OR ST ATE ENGINEER. TO CEASE <br />DIVERSIONS OF DESIGNATED GROUND WATER OR REPLACE DEPLETIONS CAUSED BY <br />