73-1-14. Acts against water facilities or interfering with apportioning official -- Penalty and liability.
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Effective 5/3/2023
73-1-14. Acts against water facilities or interfering with apportioning official -- Penalty and liability.
(1)As used in this section:
(a)"Connection to a water facility" includes:
(i)to introduce water or another substance into or take water from a water facility through a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure;
(ii)to place or maintain a structure capable of introducing water or another substance directly into or of taking water from a water facility from a pipeline, flume, ditch, canal, trench, holding pond, or water collection structure; or
(iii)to cut into or breach a canal or ditch bank for the purpose of introducing water or another substance into or of taking water from the canal or ditch.
(b)"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.
(c)"Knowingly" means the same as that term is defined in Section 76-2-103 .
(d)"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, containment, or storage of water, stormwater, wastewater, or sewage.
(2)Subject to Subsection
(6), a person is guilty of a crime punishable under Section 73-2-27 if the person:
(a)knowingly makes a temporary or permanent connection to, or interferes with, a water facility without:
(i)first obtaining the written consent of the owner or operator of the water facility; or
(ii)having other lawful authority; or
(b)without lawful authority, knowingly 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, other relief, and reasonable costs and attorney fees as provided in Section 73-2-28 , in a civil action brought by a person injured by that act.
(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.
(a)"Person" for purposes of this section does not include a government entity, including a political subdivision of the state.
(b)This section may not be interpreted to limit or impair a claim otherwise provided by law of a water facility owner or operator against a government entity.
Amended by Chapter 105 , 2023 General Session