Title 73 - Water and Irrigation - Chapter 2 - State Engineer - Division of Water Rights - Section 27 - Criminal penalties.


Published: 2015-05-12

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Utah Code

Page 1

Effective 5/12/2015 73-2-27 Criminal penalties. (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.

Amended by Chapter 245, 2015 General Session Amended by Chapter 249, 2015 General Session