1. (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:

   1. (a) continuous;
   2. (b) open and notorious; and
   3. (c) adverse.
2. (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