42-1107. RIGHT OF WAY FOR DRAINS. Whenever the owner or owners of any parcel or parcels of land desire to construct a drain for the purpose of carrying off surplus water, and they cannot agree among themselves or with the parties who own land below through which it is expedient to carry the drain in order to reach a natural waterway, then proceedings may be had in the same manner as in cases of eminent domain affecting irrigating works of diversion, and the right of way for such drains shall be regarded as equal to that of irrigation canals.
History:
[(42-1107) 1911, ch. 125, sec. 1, p. 413; reen. C.L., sec. 3304a; C.S., sec. 5652; I.C.A., sec. 41-1007.]
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.