Section 15-1745. Prohibited diversions

1.  Unless  a  license has been obtained therefor under this title, or
  the diversion of such waters is subject to the charging or imposition of
  an equitable rental under this title,  it  shall  be  unlawful  for  any
  person  or public corporation who has been notified by the department to
  desist from such conduct, to willfully take, divert, draw  or  make  use
  of, for power and/or other commercial or manufacturing purposes:
    a.  waters,  or the bed or other real property required for the use of
  such waters, in which the state has a proprietary right or interest;
    b. boundary waters  of  the  state  concerning  which  the  state  has
  jurisdiction  over  the  diversion  or interference with the flow of the
  same  for  power  purposes,  solely  or  concurrently  with  any   other
  jurisdiction or owner of a proprietary right.
    2. The use of such water, except when the right to the use thereof has
  been  acquired  by  means  of  a  written license issued pursuant to the
  provisions of title 17 of this article, or when the  diversion  of  such
  water  is  subject  to the charging or imposition of an equitable rental
  pursuant to the provisions of subdivision 1 of section 15-1719  of  this
  article,  shall be prima facie evidence of the wilfulness of the taking,
  drawing, diversion or use thereof and of the guilt of the person taking,
  diverting or making use thereof.