73-5-9. Powers of state engineer as to waste, pollution, or contamination of waters.
(1) To prevent waste, loss, pollution, or contamination of any waters whether above or
below the ground, the state engineer may require the repair or construction of head gates or other
devices on ditches or canals, and the repair or installation of caps, valves, or casings on any well
or tunnel or the plugging or filling thereof to accomplish the purposes of this section.
(2) Any requirement made by the state engineer in accordance with this section shall be
executed by and at the cost and expense of the owner, lessee or person having control of such
diverting works affected.
(3) If within ten days after notice of such requirement as provided in this section, the
owner, lessee or person having control of the water affected, has not commenced to carry out
such requirement, or if he has commenced to comply therewith but shall not thereafter proceed
diligently to complete the work, the state engineer may forbid the use of water from such source
until the user thereof shall comply with such requirement.
(4) Failure to comply with any requirement made by the state engineer under this section
is a crime punishable under Section 73-2-27 if the failure to comply is knowing or intentional.
(5) Each day that such violation is permitted to continue shall constitute a separate
offense.
Amended by Chapter 215, 2005 General Session
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Last revised: Thursday, May 28, 2009