42-1104. RIGHT OF WAY OVER STATE LANDS. The right of way over and upon any and all lands owned or controlled by the state of Idaho is hereby granted to any and all persons for the purpose of constructing and maintaining any ditch, canal, conduit or other works for the diversion or carrying of water for any beneficial use: provided, that no property shall be taken under the provisions of this section until a just compensation shall be paid therefor, to be ascertained in the manner prescribed by law for the taking of private property for a public use.
History:
[(42-1104) 1899, p. 380, sec. 13; reen. R.C. & C.L., sec. 3302; C.S., sec. 5649; I.C.A., sec. 41-1004.]
Structure Idaho Code
Title 42 - IRRIGATION AND DRAINAGE -- WATER RIGHTS AND RECLAMATION
Section 42-1102 - OWNERS OF LAND — RIGHT TO RIGHT-OF-WAY.
Section 42-1103 - OWNERS OF SPRINGS AND STREAMS — RIGHT TO RIGHT OF WAY.
Section 42-1104 - RIGHT OF WAY OVER STATE LANDS.
Section 42-1105 - RIGHT OF WAY FOR RIPARIAN PROPRIETORS.
Section 42-1106 - RIGHT OF EMINENT DOMAIN.