Idaho § 42-1104 RIGHT-OF-WAY OVER STATE LANDS

Idaho Statutes

§ 42-1104 — RIGHT-OF-WAY OVER STATE LANDS

Idaho § 42-1104

Title 42IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

Ch. 11RIGHTS OF WAY

This text of Idaho § 42-1104 (RIGHT-OF-WAY OVER STATE LANDS) is published on Counsel Stack Legal Research, covering Idaho primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Idaho Code § 42-1104 (2026).

Text

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, lateral, drain, conduit or other works for the diversion or carrying of water for any beneficial use or to provide drainage; 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.

Free access — add to your briefcase to read the full text and ask questions with AI

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, lateral, drain, conduit or other works for the diversion or carrying of water for any beneficial use or to provide drainage; 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.