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H.B. 305

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EASEMENT FOR DITCHES

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Michael R. Styler

5    AN ACT RELATING TO REAL ESTATE; PROVIDING THE CRITERIA FOR THE
6    ESTABLISHMENT OF A PRESCRIPTIVE EASEMENT FOR A WATER CONVEYANCE.
7    This act affects sections of Utah Code Annotated 1953 as follows:
8    ENACTS:
9         57-13a-101, Utah Code Annotated 1953
10         57-13a-102, Utah Code Annotated 1953
11    Be it enacted by the Legislature of the state of Utah:
12        Section 1. Section 57-13a-101 is enacted to read:
13         57-13a-101. Definitions.
14        As used in this chapter:
15        (1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water.
16        (2) "Water user" means a water user or the water user's predecessor whose water being
17    conveyed is represented by a water right recognized under state law or by shares in a mutual
18    irrigation company.
19        Section 2. Section 57-13a-102 is enacted to read:
20         57-13a-102. Prescriptive easement for water conveyance.
21        (1) A prescriptive easement may be established if a water user has maintained a water
22    conveyance for a period of 20 years during which the use has been:
23        (a) continuous;
24        (b) open and S [ obvious] NOTORIOUS s ; and

Text Box

Amend on 3_goldenrod March 5, 1997
25        (c) adverse.
26        (2) If Subsections (1)(a) and (b) are established, there is a rebuttable presumption that the
27    use has been adverse.






Legislative Review Note
    as of 2-13-97 11:59 AM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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