v. Meagher

Summary

The court affirmed the water court’s denial of Meagher’s motion to dismiss, its grant of summary judgment for the Engineers, the injunction, and the award of civil penalties, costs, and attorney fees. It held that Meagher’s belated submission of the required form did not moot claims for prospective injunctive relief or penalties, and that neither the governing rule nor statute required proof of a culpable mental state. The court also held that the statutory enforcement scheme displaced the ordinary injunction requirements and authorized recovery of reasonable appellate attorney fees. The case was remanded only for determination of the amount of appellate fees.