A.__If the owner, lessee or other person in control of a dam or other artificial obstruction refuses to comply or does not fully comply with the commissioner's decision issued pursuant to subsection 6, the commissioner shall initiate a civil action to enjoin the owner, lessee or person in control of the dam to comply fully with the commissioner's order or to restrain the violation of an order. In the proceeding, the court may not review the legality of the commissioner's order, except when the owner, lessee or person in control of the dam or artificial obstruction has brought a timely petition for judicial review pursuant to Title 5, chapter 375, subchapter 7.

B.__The court may render judgment against and order the sale of the dam or other artificial obstruction, the land on which it stands and a right-of-way to the dam or artificial obstruction, in order to secure the costs of fishway construction, repair, alteration or maintenance, the costs of the court-ordered sale and the costs incurred by the department for fishway design.__The purchaser of the dam or other obstruction is subject to the commissioner's decision issued pursuant to subsection 6.

8.__Privileged entry.__The commissioner, the commissioner's agents or subcontractors may enter upon any private land in order to examine, at least annually, fishways in dams or other artificial obstructions and dams as provided in subsection 2. The commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.

§12761.__Construction of new dams or other artificial obstructions

1.__Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the inland waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner, supplying information on construction plans, proposed location and date of construction of the dam or other artificial obstruction.

2.__Initiation of fishway proceedings.__Within 30 days of receipt of the construction notice pursuant to subsection 1, the commissioner shall review the plans in order to determine whether