Arizona Laws 48-3615. Violation; classification; civil penalties; strict liability
A. It is unlawful for a person to engage in any development or to divert, retard or obstruct the flow of waters in a watercourse if it creates a hazard to life or property without securing the written authorization required by section 48-3613. Where the watercourse is a delineated floodplain it is unlawful to engage in any development affecting the flow of waters without securing written authorization required by section 48-3613.
Attorney's Note
Under the Arizona Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 4 months | up to $750 |
Terms Used In Arizona Laws 48-3615
- Board: means the board of directors of a flood control district organized under this article. See Arizona Laws 48-3601
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Development: means any man-made change to improved or unimproved real estate, including buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. See Arizona Laws 48-3601
- District: means a flood control district organized pursuant to this article. See Arizona Laws 48-3601
- Floodplain: means any areas in a watercourse which have been or may be covered partially or wholly by floodwater from the one hundred-year flood. See Arizona Laws 48-3601
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual or the individual's agent, a firm, partnership, association or corporation, or an agent of the aforementioned groups, or this state or its agencies or political subdivisions. See Arizona Laws 48-3601
- Property: includes both real and personal property. See Arizona Laws 1-215
- Watercourse: means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. See Arizona Laws 48-3601
B. A person who violates subsection A of this section is guilty of a class 2 misdemeanor.
C. A person who violates this chapter or rules adopted pursuant to this chapter may be assessed a civil penalty not to exceed the fine chargeable for a class 2 misdemeanor or, by agreement with the person in violation, a nonmonetary penalty that serves the purposes of the district. Each day the violation continues constitutes a separate violation.
D. A person who without written authorization from the board of directors damages or interferes with a facility that is owned, operated or otherwise under the jurisdiction of the district is strictly liable for both of the following:
1. Any actual damages to persons or property that is caused by the damage or interference.
2. Payment of costs to the district for remediating the damage or interference.