Idaho § 42-1104 - Right-of-way over state lands

Full text of Idaho Idaho Statutes § 42-1104 — Right-of-way over state lands, with citation guidance and answers to common questions.

§ 42-1104. Right-of-way over state lands

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.

Source: official Idaho text · Last verified 2026-08-27

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Frequently Asked Questions About Idaho § 42-1104

What does Idaho Statutes § 42-1104 cover?

Section 42-1104 ("Right-of-way over state lands") is part of the Idaho Statutes, the codified statutory law of Idaho. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Idaho § 42-1104?

A common citation format is "Idaho Statutes § 42-1104" (Idaho). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Idaho law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Idaho official source linked on this page or consult a licensed Idaho attorney.

How does Idaho § 42-1104 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Idaho can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Idaho.