2005 Idaho Code - 42-1104 — RIGHT OF WAY OVER STATE LANDS

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 11
                                RIGHTS OF WAY
    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.