76-9-1203. Unlawful taking of water or damaging a water facility.
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/ut/title-76/chapter-9/76-9-1203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
76-9-1203. Unlawful taking of water or damaging a water facility.
(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:
(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;
(b)uses a greater quantity of the water than has been duly distributed to the actor;
(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
(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:
(a)a water right; or
(b)authorization of a person's use of water by:
(i)a water company, as defined in Subsection 73-3-3.5(1)(b) ; or
(ii)an entity having a valid water right under Utah law.
Renumbered and Amended by Chapter 173 , 2025 General Session