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 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.

Enacted by Chapter 175, 1997 General Session