Utah Code § 76-9-1201 Definitions.
76-9-1201. Definitions.
Reserved.
Enacted by Chapter 173, 2025 General Session
Offenses Concerning Water, Shafts, and Wells
Utah Code tit. 76, ch. 76-9, pt. 76-9-P12
in effectUtah Code § 76-9-1202 Unlawful interference with water flow.
76-9-1202. Unlawful interference with water flow.
(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) An actor commits unlawful interference with water flow if the actor intentionally or knowingly interferes with or alters the flow of water in any stream, ditch, or lateral while under the control or management of any water commissioner.
(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.
Renumbered and Amended by Chapter 173, 2025 General Session
Utah Code § 76-9-1203 Unlawful taking of water or damaging a water facility.
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
Utah Code § 76-9-1204 Unlawful obstruction of watergates.
76-9-1204. Unlawful obstruction of watergates.
(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) An actor commits unlawful obstruction of watergates if the actor:
(a) rafts or floats logs, timber, or wood down any river or stream; and
(b) allows the logs, timber, or wood described in Subsection (2)(a) to accumulate at or obstruct the watergates owned by a person or irrigation company taking or diverting the water of the river or stream for irrigation or manufacturing purposes.
(3) A violation of Subsection (2) is subject to the penalty provisions in Section 73-2-27.
Renumbered and Amended by Chapter 173, 2025 General Session
Utah Code § 76-9-1205 Unlawful damage to a bridge, dam, canal, or other water-related structure.
76-9-1205. Unlawful damage to a bridge, dam, canal, or other water-related structure.
(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) Except as provided in Subsection (4), an actor commits unlawful damage to a bridge, dam, canal, or other water-related structure if the actor intentionally, knowingly, or recklessly:
(a) cuts, breaks, damages, or destroys a bridge, dam, canal, flume, aqueduct, levee, embankment, reservoir, or other structure erected:
(i) to create hydraulic power;
(ii) to drain or reclaim a swamp, overflowed land, or marsh land; or
(iii) to conduct water for mining, manufacturing, reclamation, or agricultural purposes, or for the supply of the inhabitants of any city or town;
(b) makes or causes to be made an aperture in a dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure with intent to injure or destroy the dam, canal, flume, aqueduct, reservoir, embankment, levee, or similar structure; or
(c) draws up, cuts, or injures a pile fixed in the ground and used for securing a lake or river bank or wall or a dock, quay, jetty, or lock.
(3) A violation of Subsection (2) is a third degree felony.
(4) Subsection (2) applies to conduct that does not amount to a violation of Subsection 76-6-106(2)(a)(ii) or Section 76-6-106.3.
Renumbered and Amended by Chapter 173, 2025 General Session
Utah Code § 76-9-1206 Unlawful failure to fence a shaft or well.
76-9-1206. Unlawful failure to fence a shaft or well.
(1) Terms defined in Sections 76-1-101.5 and 76-9-1201 apply to this section.
(2) An actor commits unlawful failure to fence a shaft or well if the actor:
(a) has sunk or sinks a shaft or well on the public domain for any purpose; and
(b) fails to enclose the shaft or well with a substantial curb or fence that is at least 4.5 feet high.
(3) A violation of Subsection (2) is a class B misdemeanor.
Renumbered and Amended by Chapter 173, 2025 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title76/Chapter9/76-9-P12.html?v=C76-9-P12_2025050720250507Fetched: 10/26/2026