23-2-322. Prescriptive easement not acquired by recreational use of surface waters.
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23-2-322 . Prescriptive easement not acquired by recreational use of surface waters.
(1)A prescriptive easement is a right to use the property of another that is acquired by open, exclusive, notorious, hostile, adverse, continuous, and uninterrupted use for a period of 5 years.
(2)A prescriptive easement cannot be acquired through:
(a)recreational use of surface waters, including:
(i)the streambeds underlying them;
(ii)the banks up to the ordinary high-water mark; or
(iii)any portage over and around barriers; or
(b)the entering or crossing of private property to reach surface waters.