37-287. Reservation of rights in state land
leases
A. Unless the rights and interests described in this section are specifically
included in a particular lease, all leases of state lands shall expressly except and
reserve to the state:
1. All oils, gases, geothermal resources, coal, ores, minerals, fertilizer and
fossils of every kind, which may be in or upon the land leased.
2. Any legal claim existing or which may be established under the mineral land laws
of the United States or the state.
3. The right to enter upon the land for the purpose of exploring for those
commodities or extracting any or all of such commodities from the land.
4. The right to relinquish to the United States lands needed for irrigation works
in connection with a government reclamation project, and to grant or dispose of
rights-of-way and sites for canals, reservoirs, dams, power or irrigating plants or
works, railroads, tramways, transmission lines or any other purpose or use on or over the
land.
B. The reservations of rights required in subsection A do not apply to existing or
future leases under article 5.1 of this chapter, except as required by the state
constitution, the enabling act or the commissioner acting in the best interests of the
state lands.
C. If the state reserves the rights described in subsection A, the lease shall
provide for reasonable compensation to the lessee for any damage resulting from the
exercise of those rights.
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