This bill addresses provisions related to a prescriptive easement for water conveyance.
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; andlimits 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.Statutes affected:
Introduced:
Substitute #1:
Amended 2/27/2026 14:02:685:
Substitute #2: