Utah Code 57-13a-102. Prescriptive easement for water conveyance
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(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
(1)(a) continuous;
(1)(b) open and notorious; and
(1)(c) adverse.
(2) If Subsections (1)(a) and (b) are established, there is a rebuttable presumption that the use has been adverse.