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Bills / H.B. 363

H.B. 363 Water Easement Amendments

Did not passWritten by Rep. Nelson T. Abbott

  1. Introduced
  2. House committee
  3. House vote (stopped here)
  4. Senate committee
  5. Senate vote
  6. Signed into law

What this bill does

The bill lets a city or special district file notice with the county recorder to take over a canal company's prescriptive easement after that company files an abandonment. Landowners receive notice and 120 days to object, and if none object the political subdivision gains control of the easement.

Plain-English summary written by AI from the sponsor’s presentation in committee and on the floor. Check the official text below.

Official description
  • 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
  • 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
  • makes technical and conforming changes
Full text and history on le.utah.gov →
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