US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 8
                         DISTRIBUTION OF STORED WATER
    42-802.  CONVEYANCE OF STORED WATER -- PENALTY FOR INTERFERENCE -- DUTY OF
SPECIAL DEPUTY. After the special deputy and his assistants shall have
adjusted the headgates of all ditches, the owners of which are not entitled to
the use of such stored water as provided in the preceding section and before
such stored water shall have passed the headgates so adjusted, any person who
shall raise or tamper with any such headgate in such manner as to
misappropriate any portion of such water to his own use and benefit whether he
be the owner of such headgate or not, shall be guilty of a misdemeanor, and
upon conviction thereof shall be punished by a fine of not less than $100
together with imprisonment in the county jail for ten (10) days; and not more
than $2000 or by imprisonment in the county jail not to exceed six (6) months,
or by both such fine and imprisonment.
    Whenever the special deputy or any assistant shall discover any person in
the act of committing a misdemeanor declared in this section, he shall arrest
such person and turn him over to the sheriff of the county in which the
misdemeanor was committed and he shall also file with the county attorney of
such county an affidavit setting out the facts with reference to the
commission of such misdemeanor.