Enforcement and Penalties

Utah Code tit. 73, ch. 73-5a, pt. 73-5a-P7

in effect

Utah Code § 73-5a-701 Notice of violation -- Order for corrective action.

73-5a-701. Notice of violation -- Order for corrective action. (1) If the state engineer determines that any person is violating any requirement of this chapter or the rules adopted under this chapter, the state engineer shall serve written notice upon the alleged violator which: (a) specifies the violation; and (b) alleges the facts constituting the violation. (2) After serving notice as required in Subsection (1), the state engineer may issue an order for necessary corrective action and file an action in the appropriate district court. Enacted by Chapter 319, 1990 General Session

Utah Code § 73-5a-702 Civil penalties -- Costs -- Civil liability.

73-5a-702. Civil penalties -- Costs -- Civil liability. (1) Any person who violates this chapter or any lawful notice or order issued pursuant to this chapter shall be assessed a penalty not to exceed $5,000 per violation in a civil proceeding. (2) In the case of a continuing violation, each day that the violation continues constitutes a separate and distinct offense. (3) Any person who violates this chapter shall be liable for any expenses incurred by the state engineer in abating any violation of this chapter. (4) A penalty assessment under this chapter does not relieve the person assessed from civil liability for claims arising out of any act which was also a violation. Enacted by Chapter 319, 1990 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title73/Chapter5A/73-5a-P7.html?v=C73-5a-P7_1800010118000101Fetched: 10/26/2026