Bill > HB0363

This bill amends existing Utah law regarding prescriptive easements for water conveyance, which are rights to use another's land for water transport acquired through long-term, open, and continuous use. Specifically, it clarifies that holders of such easements must file a notice with the county recorder to document their easement. The bill also establishes a process for abandoning a prescriptive easement, requiring the holder to notify the county recorder and mail a copy of the intent to abandon to any municipality where the easement is located. Importantly, this bill grants municipalities a first priority to take control of an abandoned easement within their boundaries if they file a notice of intent to do so before the abandonment is finalized. Furthermore, it outlines procedures for municipalities to establish control and potentially convert the use of these easements, including requirements for notifying landowners and restrictions to prevent increased burden on landowners or interference with other easement holders, while also providing mechanisms for landowners to object or for municipalities to negotiate or pursue legal action for the converted use.

Government Affairs

https://le.utah.gov/~2026/bills/static/HB0363.html