Otter Creek Reservoir Co. v. New Escalante Irrigation Co.

PARRISH, Justice:

INTRODUCTION

T1 Prior to 1989, water rights in Utah could be obtained through seven years of "continuous, uninterrupted, hostile, notorious, adverse [use]." In re Use of Water Within Drainage Area of Green River, 12 Utah 2d 102, 863 P.2d 199, 201 (1961). In 1939, the Utah Legislature amended Utah water law to bar the acquisition of water rights by adverse use. 1989 Utah Laws 148 *1016("No right to the use of water either appropriated or unappropriated can be acquired by adverse use or adverse possession."). In this appeal, we are asked to determine whether a water right can be…