45-139. Violation; classification


A. Unless otherwise specified, a person who knowingly violates or refuses to comply
with any provision of this article, a permit or order issued pursuant to this article or
a rule adopted to carry out the purpose of this article is guilty of a class 2
misdemeanor. A person who, after notice of violation, continues in violation of any
provision of this article, a permit or order issued pursuant to this article or a rule
adopted to carry out the purpose of this article is guilty of a separate offense for each
day of violation.


B. A person who knowingly and intentionally fills or refills all or a portion of a
body of water in violation of this article is guilty of:


1. A class 6 felony if the amount of water illegally used is one thousand acre-feet
or more.


2. A class 1 misdemeanor if the amount of water illegally used is more than one
hundred acre-feet but less than one thousand acre-feet.


3. A class 3 misdemeanor if the amount of water illegally used is one hundred
acre-feet or less.