§ 48-2666 — Construction of works across public or private property

A. The board of directors may construct works necessary for drainage purposes across any stream of water, water-course, street, avenue, highway, railway, canal, ditch or flume which the route of the conduits or drains intersects or crosses in a manner so as to afford security for life and property, but the board shall restore them when so crossed or intersected to their former state as nearly as possible or in such manner as not to impair unnecessarily its usefulness. The operator of a railroad, or in case of a public highway the board of supervisors, shall cooperate with the board in forming intersections and crossings, and shall grant the privilege.

B. If the operator of the railroad or the board of supervisors are the owners or controllers of the property, thing or franchise to be crossed, and if such owners or controllers and the board of directors cannot agree upon the amount to be paid therefor, or the points or the manner of the crossings or intersections, they shall be ascertained and determined in the manner provided for taking property by condemnation.

C. The district shall have the use of and a right of way is expressly granted to it to locate, construct and maintain the works over, through and upon any of the lands which are the property of the state or any subdivision or institution thereof.