(1) This section applies to offenses committed under:
(a) Section 73-1-14;
(b) Section 73-1-15;
(c) Section 73-2-20;
(d) Section 73-3-3;
(e) Section 73-3-26;
(f) Section 73-3-29;
(g) Section 73-5-9;
(h) Section 76-9-1202;
(i) Section 76-9-1203; and
(j) Section 76-9-1204.
(2) Under circumstances not amounting to an offense with a greater penalty under Subsection 76-6-106(2)(a)(ii), Section 76-6-106.3, or Section 76-6-404, violation of a provision listed in Subsection (1) is punishable:
(a) as a felony of the third degree if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; and
(ii) the person violating the provision has previously been convicted of violating the same provision;
(b) as a class A misdemeanor if:
(i) the value of the water diverted or property damaged or taken is $2,500 or greater; or
(ii) the person violating the provision has previously been convicted of violating the same provision; or
(c) as a class B misdemeanor if Subsection (2)(a) or (b) does not apply.