(a) Any person owning or controlling any dam or other obstruction across any river, creek, or other watercourse in this state is required to keep the dam or other obstruction open sufficiently to admit the free and easy passage of all fish ascending or descending the river or other watercourse from March 1 until June 1 of each year.
(1) This section shall not apply to dams constructed for the accumulation of water power for mills and manufactories.
(2) All persons owning or controlling any dam constructed for the accumulation of water power for mills and manufactories are required to construct and to keep open a chute over the dam or obstruction, sufficient for the passage of all fish ascending or descending the river or watercourse.
(b) (1) It shall be unlawful to obstruct or block, cut off, or dam any stream or body of water in this state so that the free and easy passage of fish is not permitted at all times unless the provisions of subsection (a) of this section are complied with.
(2) A violation of this section shall be a misdemeanor, and convicted persons shall be fined in any sum not less than ten dollars ($10.00) nor more than five hundred dollars ($500).
Section: 15-44-110 15-44-111 15-44-114 NextLast modified: November 15, 2016