| (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:
Terms Used In Utah Code 57-13a-102- Water conveyance: means a canal, ditch, pipeline, or other means of conveying water. See Utah Code 57-13a-101
- 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. See Utah Code 57-13a-101
| (a) |
continuous; |
| (b) |
open and notorious; and |
|
| (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
