H.B. 363: Water Easement Amendments

About this bill

Did not pass both chambers; the bill was filed on March 6, 2026. This bill addresses provisions related to a prescriptive easement for water conveyance.

• 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
• Makes technical and conforming changes

Full bill page: steps, fiscal note and sponsors · Chief sponsor Nelson T. Abbott