§ 76-9-1203 — Unlawful taking of water or damaging a water facility.

Utah § 76-9-1203

• Jurisdiction: Utah
• Title 76: Utah Criminal Code
• Ch. 76-9: Offenses Against Public Order, Health, and Safety
• Part 76-9-12: Offenses Concerning Water, Shafts, and Wells

Text

(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) An actor commits unlawful taking of water or damaging a water facility if the actor, in violation of a right of another person, intentionally or knowingly:
(2)(a) turns on or uses the water, or a part thereof, of a canal, ditch, pipeline, or reservoir, except at a time when the use of the water has been duly distributed to the actor;
(2)(b) uses a greater quantity of the water than has been duly distributed to the actor;
(2)(c) in any way changes the flow of water when lawfully distributed for irrigation or other useful purposes, except when duly authorized to make the change; or
(2)(d) breaks or injures a dam, canal, pipeline, watergate, ditch, or other means of diverting or conveying water for irrigation or other useful purposes.
(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.
(4) Subsection (2) applies to violations of a right to the use of water, including:
(4)(a) a water right; or
(4)(b) authorization of a person's use of water by:
(4)(b)(i) a water company, as defined in Subsection 73-3-3.5(1)(b); or
(4)(b)(ii) an entity having a valid water right under Utah law.

Legislative History

Renumbered and Amended by Chapter 173, 2025 General Session