1. It is an unlawful use and waste of water for any person during the irrigating season: (a) To divert and conduct the water, or portion thereof, of any river, creek, or stream into any slough, dam or pond and retain, or cause the water to be held or retained therein, without making any other use of the water; or (b) To divert and conduct the water, or portion thereof, away from any river, creek or stream, and run or allow the water to run to waste on sagebrush or greasewood land. The irrigation of unimproved pasture which has a surface water right shall not be deemed to be a waste of water. 2. Any person who wastes water in violation of any of the provisions of subsection 1 is guilty of a misdemeanor.
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