45-131. Definitions In this article, unless the context otherwise requires: 1. " Body of water" means a body of water in an active management area established under chapter 2 of this title, including a lake, pond, lagoon or swimming pool, that has a surface area greater than twelve thousand three hundred twenty square feet and […]
45-132. Filling large bodies of water for landscape, scenic or recreational purposes prohibited; exceptions; preemption A. Except as provided in subsection B of this section, in an active management area established under chapter 2 of this title, a person shall not use any water for the purpose of filling or refilling all or a portion […]
45-133. Permit for interim water use; application; fee; surcharge on use of groundwater A. A person otherwise subject to the prohibitions of section 45-132 may use groundwater withdrawn pursuant to a type 1 or type 2 non-irrigation grandfathered right or water other than groundwater to fill or refill all or a portion of a body […]
45-134. Temporary emergency permit for use of surface water or groundwater in body of water A. The director may issue a temporary, emergency permit authorizing the use of surface water or groundwater in a body of water that is exempt under section 45-132, subsection B, paragraph 4 and that is filled or refilled primarily with […]
45-135. Inspections; investigations A. The director or the director’s authorized representative may enter at reasonable times on private or public property where a body of water is located, and the owner, manager or occupant of the property shall permit such entry, to: 1. Inspect the body of water. 2. Ascertain compliance with this article. B. […]
45-136. Cease and desist order; temporary cease and desist order; hearings; injunctive relief A. Except as provided by subsection B of this section, if the director has reason to believe that a person is violating or has violated any provision of this article, a permit or order issued pursuant to this article or a rule […]
45-137. Civil penalties A. A person who is determined pursuant to section 45-136 to be in violation of any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article may be assessed a civil penalty in an amount not exceeding: […]
45-138. Burden of proof A person who claims in a hearing held pursuant to section 45-136 or in a civil action that he is not violating or has not violated any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this […]
45-139. Violation; classification A. Unless otherwise specified, a person who knowingly violates or refuses to comply with any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a class 2 misdemeanor. A person who, after notice […]
45-139.01. Notice of source of water used to fill or refill body of water A person who, after December 31, 1986, begins the physical on-site construction of a body of water located in a subdivision as defined in section 32-2101 and which will be filled or refilled with a source of water identified in section […]
45-139.02. Effect on legal status of effluent Nothing in this article shall be construed to determine the legal status of effluent.
