TITLE 42

IRRIGATION AND DRAINAGE — WATER RIGHTS AND RECLAMATION

CHAPTER 20

RECLAMATION OF CAREY ACT LANDS

42-2006.  Submission of proposal to department. Immediately upon the receipt of any request and proposal, as designated in section 42-2003, it shall be the duty of the department to examine the same and ascertain if it complies with its rules and the regulations of the department of the interior. If it does not, it is to be returned for correction; but, if it does so comply, the department shall examine the same and make a written report, stating whether or not the proposed works are feasible, whether the proposed diversion of the public waters of the state will prove beneficial to the public interest; whether there is sufficient unappropriated water in the source of supply; and whether or not a permit to divert and appropriate water through the proposed works has been approved by the department; whether the capacity of the proposed works is adequate to reclaim the land described; whether or not the proposed cost of construction is reasonable; and whether or not the maps filed in its office comply with the requirements of said department and the regulations of the department of the interior; also whether or not the lands proposed to be irrigated are desert in character and such as may properly be set apart under the provisions of the aforesaid act of congress and the rules and regulations of the department of the interior thereunder.

History:

[(42-2006) 1895, p. 215, ch. 2, sec. 9; reen. 1899, p. 282, ch. 2, sec. 9; modified 1905, p. 131, sec. 30; compiled and reen. R.C. & C.L., sec. 1618; C.S., sec. 3001; I.C.A., sec. 41-1706.]