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:
    • (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.




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