45-139. Violation; classification
A. Unless otherwise specified, a person who knowingly violates or refuses to comply with any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a class 2 misdemeanor. A person who, after notice of violation, continues in violation of any provision of this article, a permit or order issued pursuant to this article or a rule adopted to carry out the purpose of this article is guilty of a separate offense for each day of violation.
B. A person who knowingly and intentionally fills or refills all or a portion of a body of water in violation of this article is guilty of:
1. A class 6 felony if the amount of water illegally used is one thousand acre-feet or more.
2. A class 1 misdemeanor if the amount of water illegally used is more than one hundred acre-feet but less than one thousand acre-feet.
3. A class 3 misdemeanor if the amount of water illegally used is one hundred acre-feet or less.