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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.


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