1. (1) This section applies to offenses committed under:

   1. (a) Section 73-1-14;
   2. (b) Section 73-1-15;
   3. (c) Section 73-2-20;
   4. (d) Section 73-3-3;
   5. (e) Section 73-3-26;
   6. (f) Section 73-3-29;
   7. (g) Section 73-5-9;
   8. (h) Section 76-9-1202;
   9. (i) Section 76-9-1203; and
   10. (j) Section 76-9-1204.

2. (2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable:

   1. (a) as a felony of the third degree if:

      1. (i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
      2. (ii) the person violating the provision has previously been convicted of violating the same provision;

   2. (b) as a class A misdemeanor if:

      1. (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
      2. (ii) the person violating the provision has previously been convicted of violating the same provision; or
   3. (c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.

Amended by Chapter 173, 2025 General Session