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(Utah Code, 2003 Edition - as of 1st Spec. Ses.)

[Utah Code Table of Contents]
[TITLE 57. Table of Contents]

(Title 57. Real Estate )

Chapter 13a. Easement for Water Conveyance

57-13a-101 Definitions.
57-13a-102 Prescriptive easement for water conveyance.

57-13a-101 Definitions.

As used in this chapter:

(1) "Water conveyance" means a canal, ditch, pipeline, or other means of conveying water.

(2) "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.
    1997

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.
    1997

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