2005 Idaho Code - 58-601 — RIGHTS OF WAY FOR DITCHES AND RESERVOIRS

                                  TITLE  58
                                 PUBLIC LANDS
                                  CHAPTER 6
                        RIGHTS OF WAY OVER STATE LANDS
    58-601.  RIGHTS OF WAY FOR DITCHES AND RESERVOIRS. Any person or persons
desiring to construct over or upon any of the lands owned or controlled by the
state of Idaho, any ditch, canal, reservoir or other works for carrying or
distributing public waters for any beneficial use, may make application to the
state board of land commissioners for said right of way, and shall at the same
time file, in duplicate, both in the office of the state board of land
commissioners and in the office of the department of water resources, maps
showing the location of such lands by accurate survey of such ditch, canal,
reservoir or other irrigation works. Such map shall be drawn on tracing linen
on a scale of not less than one thousand (1000) feet to the inch, and shall be
accompanied by the field notes of survey of such irrigation works.
    In the case of a reservoir the maps shall show by contour lines at
intervals not greater than ten (10) feet, the topographic features of such
reservoir site, and shall state the capacity of such reservoir in acre feet;
and when the dam or embankment of such reservoir shall be more than ten (10)
feet in height, plans showing the construction of such dam or embankment shall
be filed in duplicate in the office of the state board of land commissioners
and in the office of the department of water resources. All such maps, plans
and field notes shall be certified by the engineer under whose direction such
surveys or plans were made. If such map or description is defective or
incomplete, the state board of land commissioners may order the same to be
corrected; and the state board of land commissioners may grant land for such
right of way upon the payment of such compensation therefor as may be deemed
reasonable, not less than ten dollars ($10.00) per acre, and upon such terms
and conditions as they may deem best: provided, that the works for which the
right of way is herein provided, must be completed within the time mentioned
in the application for the same (which shall accompany such map), which shall
in no case be more than five (5) years from the time of filing such
application and maps, and the construction of the works herein mentioned must
be commenced within one (1) year after such application and maps are filed,
and must be prosecuted to completion diligently and uninterruptedly on a scale
reasonably commensurate with the magnitude of the proposed works, in order to
obtain the right of way under this section.
    It shall be the duty of the director of the department of lands, upon the
granting of the said rights of way, to note the same upon the plats of the
said lands on file in his office.