H.B. 305

1

EASEMENT FOR DITCHES
2 1997 GENERAL SESSION
3 STATE OF UTAH
4 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 obvious; and
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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