§ 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 76-9-1202; (i) Section 76-9-1203; and (j) Section 76-9-1204. (2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, 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.