Criminal penalties.

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  • (1) This section applies to offenses committed under:
    • (a) Section 73-1-14;
    • (b) Section 73-1-15;
    • (c) Section 73-2-20;
    • (d) Section 73-3-3;
    • (e) Section 73-3-26;
    • (f) Section 73-3-29;
    • (g) Section 73-5-9;
    • (h) Section 76-10-201;
    • (i) Section 76-10-202; and
    • (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:
    • (a) as a felony of the third degree if:
      • (i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
      • (ii) the person violating the provision has previously been convicted of violating the same provision;
    • (b) as a class A misdemeanor if:
      • (i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
      • (ii) the person violating the provision has previously been convicted of violating the same provision; or
    • (c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.





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