46-153 Construction across streams, highways, railroads, and ditches; right-of-way over state lands; state water and water rights.
46-153. Construction across streams, highways, railroads, and ditches; right-of-way over state lands; state water and water rights.The board of directors shall have the power to construct such works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of such canal or canals may intersect or cross, in such manner as to afford security for life and property; but the board shall restore the same, when so crossed or intersected, to its former state as nearly as may be, or in a sufficient manner not to have impaired unnecessarily its usefulness. Every company whose railroad shall be intersected or crossed by such works shall unite with the board in forming such intersections and crossings, and grant the privilege aforesaid; and if such railroad company and such board, or the owners and controllers of the property, thing or franchise so to be crossed, cannot agree upon the amount to be paid therefor, or the points or the manner of the crossings, the same shall be ascertained and determined in all respects as is provided in respect to the taking of land. The right-of-way is hereby given, dedicated, and set apart, to locate, construct and maintain such works over and through any of the lands which are or may be the property of the state; and also there is given, dedicated, and set apart for the use and purposes aforesaid, all water and water rights belonging to this state within the district. SourceLaws 1895, c. 70, § 25, p. 287; R.S.1913, § 3483; C.S.1922, § 2883; C.S.1929, § 46-128; R.S.1943, § 46-153.AnnotationsIrrigation canal may cross another stream. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).Grant by the Legislature of right-of-way over public school lands is an unconstitutional interference with the control of public school lands vested in the Board of Educational Lands and Funds. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 143 Neb. 153, 8 N.W.2d 841 (1943).Public power districts are governed by the statute relating to irrigation districts as to their appropriation, crossing, and use of highways. Wright v. Loup River Public Power Dist., 133 Neb. 715, 277 N.W. 53 (1938).