A. The director may take any legal action proper and necessary for the enforcement of this chapter.

Terms Used In Arizona Laws 45-1217

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Director: means the director of water resources, who is also the director of the department. See Arizona Laws 45-101
  • 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.
  • Owner: includes any person or entity that owns, controls, operates, maintains, manages or proposes to construct or modify a dam. See Arizona Laws 45-1201
  • Person: means any person, firm, association, organization, partnership, business trust, corporation, company or district. See Arizona Laws 45-1201

B. An action or proceeding under this section may be commenced whenever any owner or any person acting as a director, officer, agent or employee of any owner, or any contractor or agent or employee of such contractor is:

1. Failing or omitting or about to fail or omit to do anything required of him by this chapter or by any approval, order, rule, regulation or requirement of the director under the authority of this chapter; or

2. Doing or permitting anything or about to do or permit anything to be done in violation of or contrary to this chapter or any approval, order, rule, regulation or requirement of the director under this chapter; or

3. In the opinion of the director, in any manner in violation of this chapter.

C. Any action or proceeding under this section shall be commenced in a court of appropriate jurisdiction in which:

1. The cause or some part thereof arose; or

2. The owner or person complained of has his principal place of business; or

3. The person complained of resides.

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