Section 138. Whoever wilfully, intentionally and without right breaks down, injures, removes or destroys a dam, reservoir, canal or trench, or a gate, flume, flashboards or other appurtenances thereof, or a wheel, or mill gear, or machinery of a water mill or steam mill, or wilfully or wantonly, without color of right, draws off the water contained in a mill pond, reservoir, canal or trench, or obstructs such water from flowing out of the same, shall be punished by imprisonment in the state prison for not more than five years or by a fine of not more than five hundred dollars and imprisonment in jail for not more than two years.