Title 73 - Water and Irrigation - Chapter 1 - General Provisions - Section 14 - Interfering with water facilities or with apportioning official -- Penalty and liability.


Published: 2020-05-12

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Utah Code

Page 1

Effective 5/12/2020 73-1-14 Interfering with water facilities or with apportioning official -- Penalty and liability. (1) As used in this section:

(a) "Interfere," for purposes of a water facility, means damage to or modification of the water facility that results in actual blockage or diversion of water, stormwater, wastewater, or sewage.

(b) "Water facility" means a dam, pipeline, culvert, fire hydrant, flume, conduit, ditch, head gate, canal, reservoir, storage tank, spring box, well, meter, weir, valve, casing, cap, or other facility used for the diversion, transportation, distribution, measurement, collection, or storage of water, stormwater, wastewater, or sewage.

(2) A person is guilty of a crime punishable under Section 73-2-27 if the person: (a) maliciously:

(i) interferes with a water facility; (ii) damages a water facility; (iii) destroys a water facility; or (iv) removes a water facility;

(b) intentionally or knowingly makes a temporary or permanent connection to a water facility without first obtaining the written consent of the owner of the water facility; or

(c) unlawfully interferes with an individual authorized to apportion water while in the discharge of the individual's duties.

(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 brought by 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. (5) A person who complies with Title 54, Chapter 8a, Damage to Underground Utility Facilities,

Section 73-1-7, or Section 73-1-15.5 may not be held criminally or civilly liable for actions allowed by those sections.

Amended by Chapter 64, 2020 General Session