(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
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