Section 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.En. Sec. 5, Ch. 556, L. 1985.