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. 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. rization 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.
Arizona Legal Code