US Laws, Codes, Statutes & Cases

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 20
                        RECLAMATION OF CAREY ACT LANDS
    42-2039.  RESTORATION OF LANDS AUTHORIZED. The legislature hereby
recognizes and acknowledges the need to assure replacement of the grazing and
wildlife land uses displaced by Carey Act developments. In order to facilitate
such replacements, any settlers having contracts with the state for
reclamation of lands segregated under the Carey Act shall include grazing and
wildlife restoration work in total or in part to the maximum expenditure of
five dollars ($5.00) per acre for grazing restoration and one dollar ($1.00)
per acre for wildlife restoration as a legitimate and necessary cost of the
reclamation effort. The settlers are hereby authorized to subcontract with the
bureau of land management, or any party designated by the bureau, for the
purpose of accomplishing this restoration work. Payment by the Carey Act
settlers for the restoration work shall be at the time the settler is granted
patent to the lands developed. The director of the department of water
resources is hereby authorized and directed to accept restoration expenditures
as bona fide land development costs of the company up to an amount not to
exceed five dollars ($5.00) per acre for grazing restoration and one dollar
($1.00) per acre for wildlife restoration.
    In the event that no suitable lands are available for restoration as
grazing lands as provided herein, the director is authorized to so certify,
and the payment in lieu of restoration shall be made directly to the person
with previous grazing rights to the land under Carey Act development.
    In those instances where a Carey Act project application is filed for land
on which any livestock watering improvements, established trail rights, or
recent successful reseedings of less than five (5) years usage are in place
and functional at the time of the filing, then these watering improvements,
trail rights or reseedings shall be replaced in kind notwithstanding costs in
excess of the limitation of five dollars ($5.00) imposed herein. The director
of the department of water resources shall be responsible for the negotiation
and determination of the values in excess of five dollars ($5.00) per acre
which are involved in qualifying  water improvements, trail rights or recent
reseedings and to whom the payments for excess values shall be made.