(a)A prescriptive easement for a water conveyance may be
established if a water user has used and maintained a water
conveyance under a claim of right for a period of ten (10) years
during which the use has been:
(i)Continuous and uninterrupted consistent with the
historical and traditional use by the water user of the water
conveyance system. A temporary change of use under W.S. 41-3-110
or a cessation of use, so long as the water rights are not
abandoned under W.S. 41-3-401, shall not be deemed an
interruption under this paragraph;
(ii)Open and notorious; and
(b)If a water user establishes paragraphs (a)(i) and (ii)
of this section, there is a rebuttable presumption that the use
has been adverse under paragraph (a)(iii).
(c)The holder of a prescriptive easement for a
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(a) A prescriptive easement for a water conveyance may be
established if a water user has used and maintained a water
conveyance under a claim of right for a period of ten (10) years
during which the use has been:
(i) Continuous and uninterrupted consistent with the
historical and traditional use by the water user of the water
conveyance system. A temporary change of use under W.S. 41-3-110
or a cessation of use, so long as the water rights are not
abandoned under W.S. 41-3-401, shall not be deemed an
interruption under this paragraph;
(ii) Open and notorious; and
(iii) Adverse.
(b) If a water user establishes paragraphs (a)(i) and (ii)
of this section, there is a rebuttable presumption that the use
has been adverse under paragraph (a)(iii).
(c) The holder of a prescriptive easement for a water
conveyance established as provided in subsections (a) and (b)
may:
(i) File a notice describing the prescriptive
easement consistent with the requirements of W.S. 34-1-141 in
the office of the county clerk in which the prescriptive
easement or a portion of the easement is located;
(ii) Access, use, maintain and repair the water
conveyance located within the easement in accordance with law.
Maintenance, as used in this section, shall include the right of
the holder of the prescriptive easement to temporarily remove
infrastructure in or spanning the water conveyance system
provided that:
(A) Before the temporary removal for maintenance
purposes of infrastructure that a landowner uses for ingress or
egress, the holder of the prescriptive easement shall provide
reasonable written notice given the extent and estimated time
for maintenance but in no case shall notice be provided less
than seventy-two (72) hours before any temporary removal;
(B) Any temporary removal of a landowner's
infrastructure for the purpose of water conveyance system
maintenance shall be reasonable and minimize any burden on the
landowner. The holder of the prescriptive easement for a water
conveyance shall replace the landowner's infrastructure in a
timely manner in consultation with the landowner.
(d) As used in this section:
(i) "Water conveyance" means a man made canal, ditch,
drain ditch or pipeline that conveys water for agricultural
purposes including any appurtenant headgates and diversion
structures;
(ii) "Water user" means a water user or the water
user's predecessor who owns an adjudicated or valid
unadjudicated water right being conveyed in a water conveyance.
(e) The width of a prescriptive easement for a water
conveyance shall be based on the size of the water conveyance
and the volume of water in the water conveyance system and
shall:
(i) Be of a reasonable width sufficient to utilize
equipment suitable for the operation and maintenance of the
water conveyance;
(ii) Be from the center line of the water conveyance
system but may vary from each side of the center line to
reasonably facilitate the size of equipment, placement of dredge
material and the topography that the water conveyance system
traverses.
(f) The state engineer's office shall post to its website
an informational document regarding legal aspects related to
water conveyance easements. This document shall not constitute
legal advice. All real estate transactions involving property
through which a water conveyance passes through shall include
notice of this document.