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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