57-13a-102 - Prescriptive easement for water conveyance.
57-13a-102. Prescriptive easement for water conveyance.
(1) A prescriptive easement may be established if a water user has maintained a waterconveyance for a period of 20 years during which the use has been:
(a) continuous;
(b) open and notorious; and
(c) adverse.
(2) If Subsections (1)(a) and (b) are established, there is a rebuttable presumption that theuse has been adverse.
Enacted by Chapter 175, 1997 General Session