2005 Idaho Code - 42-5226 — INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES

                                  TITLE  42
                       IRRIGATION AND DRAINAGE -- WATER
                            RIGHTS AND RECLAMATION
                                  CHAPTER 52
                            GROUND WATER DISTRICTS
    42-5226.  INTERSECTIONS WITH STREETS, RAILROADS, WATERCOURSES. The board
of directors shall have power to construct the works necessary to implement an
approved mitigation plan across any stream of water, watercourse, street,
avenue, highway, railway, canal, ditch or flume which the works may intersect
or cross, in such manner as to comply with the requirements of the stream
channel alteration act, chapter 38, title 42, Idaho Code,  and to afford
security for life and property, provided that the board shall restore the same
when so crossed or intersected, to its former state as near as may be, or in a
sufficient manner not to have impaired unnecessarily its usefulness; and every
company whose railroad shall be intersected or crossed pursuant to this
section, shall unite with the board in forming the intersections and crossings
and grant the privileges aforesaid; and if such railroad company and the
board, or the owners and controllers of the property, thing or franchise to be
crossed, cannot agree upon the amount to be paid therefor, or upon the points
or the manner of said crossings or intersections, the same shall be
ascertained and determined in all respects as herein provided in respect to
the taking of land.

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