Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state

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37-343. Investigation of adverse claims upon state lands; protection of equities of persons appropriating water prior to reservation of land for the state

A. The state land department may investigate and determine adverse claims to lands the title to which is held by the state, and in instances where title to other land is obtained in lieu of such land, the department may relinquish the claim of the state thereto. The determination of the department shall be final until set aside by a court of competent jurisdiction.

B. The department may investigate any appropriation of water or reservoir site for irrigation or livestock purposes made and maintained prior to reservation, for the benefit of the state, of the land on which the water appropriation is located, and protect the equities of the prior appropriator of water by the extension of a preference right to lease the land or by such other lawful means as the department may prescribe.


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