(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 76-10-201;
9. (i) Section 76-10-202; and
10. (j) Section 76-10-203.

(2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(b)(ii) 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.