H.B. 305 Enrolled

EASEMENT FOR DITCHES
1997 GENERAL SESSION
STATE OF UTAH
Sponsor: Michael R. Styler
AN ACT RELATING TO REAL ESTATE; PROVIDING THE CRITERIA FOR THE
ESTABLISHMENT OF A PRESCRIPTIVE EASEMENT FOR A WATER
CONVEYANCE.
This act affects sections of Utah Code Annotated 1953 as follows:
ENACTS:
57-13a-101, Utah Code Annotated 1953
57-13a-102, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 57-13a-101 is enacted to read:
57-13a-101. Definitions.
As used in this chapter:
(1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water.
(2) "Water user" means a water user or the water user's predecessor whose water being
conveyed is represented by a water right recognized under state law or by shares in a mutual
irrigation company.
Section 2. Section 57-13a-102 is enacted to read:
57-13a-102. Prescriptive easement for water conveyance.
(1) A prescriptive easement may be established if a water user has maintained a water
conveyance 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 the
use has been adverse.