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.

History:

[(58-601) 1901, p. 191, sec. 8; am. 1907, p. 527, sec. 1; reen. R.C., sec. 1635; reen. C.L. 125:1; C.S., sec. 2952; I.C.A., sec. 56-501; am. 1974, ch. 17, sec. 72, p. 308.]