Wyoming Statutes Title 34. Property, Conveyances and Security Transactions § 34-1-158. Prescriptive easement for water conveyance

(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.

(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:

(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.

(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.