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