1. (1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.

2. (2) An actor commits unlawful taking of water or damaging a water facility if the actor, in violation of a right of another person, intentionally or knowingly:

   1. (a) turns on or uses the water, or a part thereof, of a canal, ditch, pipeline, or reservoir, except at a time when the use of the water has been duly distributed to the actor;
   2. (b) uses a greater quantity of the water than has been duly distributed to the actor;
   3. (c) in any way changes the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change; or
   4. (d) breaks or injures a dam, canal, pipeline, watergate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes.
3. (3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.

4. (4) Subsection (2) applies to violations of a right to the use of water, including:

   1. (a) a water right; or

   2. (b) authorization of a person's use of water by:

      1. (i) a water company, as defined in Subsection 73-3-3.5(1)(b); or
      2. (ii) an entity having a valid water right under Utah law.

Renumbered and Amended by Chapter 173, 2025 General Session