Obstructing or change of water facilities -- Penalties.
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(1)
(a) When a person has a right-of-way of an established type or title for a water facility, as defined in Section 73-1-14, it is unlawful for a person to place or maintain in place any obstruction, or change of the water flow by fence or otherwise, along, across, in, or to the water facility, except as where the water facility inflicts damage to private property, without first:
(i) receiving written permission for the change or obstruction and providing gates sufficient for the passage of the owner or owners of the water facility; or
(ii) complying with the requirements of Section 73-1-15.5.
(b) That the vested rights in the established water facility shall be protected against all encroachments.
(c) That indemnifying agreements may be entered as may be just and proper by governmental agencies.
(2) A person violating this section is guilty of a crime punishable under Section 73-2-27.
(3) A person who commits an act defined as a crime under this section is also liable for damages or other relief and costs in a civil action to a person injured by that act.
(4)
(a) A civil action under this section may be brought independent of a criminal action.
(b) Proof of the elements of a civil action under this section need only be made by a preponderance of the evidence.