Water Easement Amendments

14
57-13a-101
57-13a-103
57-13a-104
57-13a-105
0
Water Easement Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nelson T. Abbott
Senate Sponsor:
LONG TITLE
General Description:
This bill addresses provisions related to a prescriptive easement for water conveyance.
Highlighted Provisions:
This bill:
provides that a municipality has first priority to establish control of a prescriptive
easement for water conveyance upon the holder of the easement filing a notice of intent
to abandon;
requires a political subdivision that desires to establish control of a prescriptive easement
for water conveyance to file a notice describing the use and location of the prescriptive
easement in the office of the county recorder in which the easement is located;
allows a political subdivision to convert the use of a prescriptive easement for water
conveyance if the political subdivision:
mails notice of the converted use of the easement to each affected landowner;
files a notice describing the converted use of the easement in the office of the county
recorder;
waits 120 days from the day the political subdivision sends notice to each affected
landowner;
receives no written objection to the converted use from an affected landowner; and
limits the modified use of the easement to not burden an affected landowner's use of
land, interfere with an existing easement, or expand the size of the easement; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
57-13a-101
, as enacted by Laws of Utah 1997, Chapter 175
57-13a-103
, as enacted by Laws of Utah 2007, Chapter 318
57-13a-104
, as last amended by Laws of Utah 2023, Chapter 435
ENACTS:
57-13a-105
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
57-13a-101
is amended to read:
57-13a-101
. Definitions.
As used in this chapter:
(1)
"Political subdivision" means:
(a)
a county;
(b)
a municipality, as that term is defined in Section
10-1-104
;
(c)
a special district, as that term is defined in Section
17B-1-102
;
(d)
a special service district, as that term is defined in Section
17D-1-102
;
(e)
an interlocal entity, as that term is defined in Section
11-13-103
; or
(f)
a conservation district, as that term is defined in Section
17D-3-102
.
(1)
(2)
"Water conveyance" means a canal, ditch, pipeline, or other means of conveying
water.
(2)
(3)
"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.
Section 2. Section
57-13a-103
is amended to read:
57-13a-103
. Notice of easement.
(1)
The holder of an easement established
as provided by
under
Section
57-13a-102

may file a notice describing the easement in the office of the county recorder of each
county in which the easement or a portion of the easement is located.
(2)
A political subdivision that is a holder of an easement established under Section
57-13a-105
shall file a notice describing the use and location of the easement in the
office of the county recorder in which the easement is located.
Section 3. Section
57-13a-104
is amended to read:
57-13a-104
. Abandonment of prescriptive easement for water conveyance --
Transfer of abandoned easement to political subdivision.
(1)
A holder of a prescriptive easement for a water conveyance established under Section
57-13a-102
may, in accordance with this section, abandon all or part of the easement.
(2)
(a)
A holder of a prescriptive easement for a water conveyance established under
Section
57-13a-102

who
that
seeks to abandon the easement or part of the easement
shall
,
:

(i)
in each county where the easement or part of the easement is located, file in the
office of the county recorder a notice of intent to abandon the prescriptive
easement that describes the easement or part of the easement to be abandoned
.
;
and
(ii)
mail a copy of the notice of intent to abandon the prescriptive easement to each
municipal government in which the easement or part of the easement is located.
(b)
A county recorder who receives a notice of intent to abandon a prescriptive easement
shall:
(i)
publish copies of the notice for the area generally served by the water conveyance
that utilizes the easement, as a class A notice under Section
63G-30-102
, for at
least 45 days; and
(ii)
mail a copy of the notice of intent to abandon the prescriptive easement to each
municipal and county government
where
in which
the easement or part of the
easement is located

.
(c)
Upon the filing of a notice of intent to abandon a prescriptive easement under
Subsection
(2)(a)(i)
, a municipality in which the prescriptive easement is located
shall have first priority to establish control of any portion of the easement located
within the municipality's boundaries in accordance with the requirements of
Subsection
(4)(b)
.
(3)
After meeting the requirements of Subsection
(2)(a)
and at least 45 days after the last
day on which the county recorder posts the notice of intent to abandon the prescriptive
easement in accordance with Subsection
(2)(b)
, the holder of the prescriptive easement
shall file in the office of the county recorder for each county
where
in which
the
easement or part of the easement is located a notice of abandonment that contains the
same description required by Subsection
(2)(a)
.
(4)
(a)
Upon
Except as provided in Subsection
(4)(b)
, upon
completion of the
requirements described in
Subsection
(2)
Subsections
(2)
and
(3)
:
(i)
all interest to the easement or part of the easement abandoned by the holder of the
easement is extinguished; and
(ii)
subject to each legal right that exists as described in Subsection
(4)(b)
(4)(c)
, the
owner of a servient estate whose land was encumbered by the easement or part of
the easement abandoned may reclaim the land area occupied by the former
easement or part of the easement and resume full utilization of the land without
liability to the former holder of the easement.
(b)
Notwithstanding Subsection
(4)(a)
, a political subdivision may establish control of a
prescriptive easement that is subject to a notice of intent to abandon described in
Subsection
(2)
, if the political subdivision files a notice of intent to establish control
of the prescriptive easement:
(i)
in the office of the county recorder in which the easement is located; and
(ii)
before the easement is abandoned under Subsection
(4)(a)
.
(b)
(c)
Abandonment of a prescriptive easement under this section does not affect a
legal right to have water delivered or discharged through the water conveyance and
easement established by a person other than the holder of the easement who abandons
an easement as provided in this section.
(d)
Nothing in this section limits the ability of a political subdivision to receive a
transfer of a prescriptive easement for a water conveyance directly from the holder of
the prescriptive easement.
(5)
A county recorder may bill the holder of the prescriptive easement for the cost of
preparing, printing, and publishing the notice required under Subsection
(2)(b)
.
Section 4. Section
57-13a-105
is enacted to read:
57-13a-105
. Conversion of a prescriptive easement for water conveyance by
political subdivisions.
(1)
A political subdivision that establishes control of a prescriptive easement that is subject
to a notice of intent to abandon, as described in Subsection
57-13a-104(4)(b)
, shall:
(a)
file a notice describing the use and location of the easement in the office of the
county recorder in which the easement is located; and
(b)
mail a notice that describes the use and location of the easement to each landowner
whose land is encumbered by the easement.
(2)
(a)
A political subdivision may convert the use of the prescriptive easement
established under Subsection
(1)
if the political subdivision:
(i)
mails a notice of the converted use of the easement to each landowner whose land
is encumbered by the easement;
(ii)
files a notice describing the converted use of the easement in the office of the
county recorder in which the easement is located; and
(iii)
waits 120 days from the day the political subdivision mails a notice under
Subsection
(2)(a)(i)
before beginning the converted use.
(b)
A political subdivision may not convert the use of a portion of a prescriptive
easement established under this section if:
(i)
a landowner whose land is encumbered by the portion of the easement provides a
written objection to the converted use to the political subdivision; or
(ii)
the converted use:
(A)
puts any greater burden on the landowner's use or enjoyment of the land;
(B)
interferes with other easement holders; and
(C)
expands the size of the easement.
(3)
(a)
A landowner waives any objection to a converted use of a prescriptive easement
under this section if the landowner does not submit a written objection to a political
subdivision within 120 days of the political subdivision providing a notice described
in Subsection
(2)(a)(i)
.
(b)
If a landowner objects to a political subdivision's converted use within 120 days of
the political subdivision providing notice described in Subsection
(2)(a)(i)
, the
political subdivision shall:
(i)
cease the converted use on the landowner's portion of the easement;
(ii)
negotiate with the landowner for the purchase of an easement or other property
interest for the converted use; or
(iii)
bring a legal action to establish an easement or other property interest for the
converted use.
(4)
Transfer of a prescriptive easement under this section does not affect a legal right to
deliver or discharge water through a valid prescriptive easement established by a person
other than the holder of an easement under this section.
(5)
A county recorder may bill the holder of the prescriptive easement for the cost of
preparing, printing, and publishing the notice required under Subsections
(1)
and
(2)
.
Section 5.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-25-26 11:27 AM