48-4475
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48-4475. Using public rights-of-way; definition A. To the extent practicable, a district shall use a public right-of-way as provided by this section to transport water instead of seeking to use other properties. B. The district, at no cost to this state or another governmental entity that exercises control over the right-of-way, may construct, reconstruct and maintain transmission pipes, canals and necessary appurtenant fixtures on, along or in any any public right-of-way that is dedicated to public use and across any public water or bridge to transport water. The district shall negotiate its use of the public right-of-way with the controlling governmental entity before it exercises the power of eminent domain pursuant to section 48-4462, paragraph 9. C. If the district uses a public right-of-way, it shall: 1. Provide reasonable notice to the governmental entity that exercises control over the right-of-way of the district's intent to use the right-of-way and the nature, scope and duration of the use. 2. Obtain all permits and pay any applicable fees to use the right-of-way, but the amount of any fee shall not exceed the amount that is normally charged to other public entities for using public rights-of-way for similar purposes. 3. Restore or adjust, to the extent practicable, the facilities, properties and roads in the right-of-way to their preexisting condition to the satisfaction of the governmental entity that exercises control over the right-of-way and any other user of the right-of-way, considering the type of facilities that are located in the right-of-way. 4. Reimburse or pay reasonable costs to any governmental entity that relocates or modifies its facilities, properties or use of the right-of-way in order to allow the district to use the right-of-way. 5. Use the right-of-way in a manner that does not unreasonably disrupt or impair existing uses or prevent future uses of the right-of-way by the governmental entity that exercises control over the right-of-way. 6. Relocate district facilities on reasonable demand of the governmental entity that exercises control over the right-of-way. The district is responsible for any costs associated with the relocation. D. If applicable, the use of a public right-of-way under this section is conditioned on the payment in full of all voluntary contributions that are due and payable under title 9, chapter 4, article 3. E. For purposes of this section "public right-of-way" or "right-of-way" means any highway, street, road, alley or other right-of-way of a governmental entity. |