40-831. Right of way through public lands; appropriation of water

A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state.

B. Where deep excavations, heavy embankments or other cuttings, ditches, drains, canals, culverts or other structures to protect the roadbed and to facilitate its use and enjoyment are required for the grade or other uses, at such places a greater width of lands may be taken by the corporation and is granted to it not exceeding in addition five hundred feet in width, and the right is hereby further granted to the corporation to locate, occupy and hold as much of the lands as necessary for sites and grounds for watering places, stations and other buildings or structures along the line of the railroad necessary for the operation thereof.

C. Such corporations may appropriate as much of the waters of any springs or streams on the lands as necessary to operate the lines, together with a right of way over the lands to the springs and streams for the pipes, ditches, aqueducts or other conduits, subject to the laws of the state.

40-831. Right of way through public lands; appropriation of water

A. The right of way for railroad and telegraph lines to the width of one hundred feet on each side of the center line of the track is granted to railroad corporations over and through any of the lands belonging to the state.

B. Where deep excavations, heavy embankments or other cuttings, ditches, drains, canals, culverts or other structures to protect the roadbed and to facilitate its use and enjoyment are required for the grade or other uses, at such places a greater width of lands may be taken by the corporation and is granted to it not exceeding in addition five hundred feet in width, and the right is hereby further granted to the corporation to locate, occupy and hold as much of the lands as necessary for sites and grounds for watering places, stations and other buildings or structures along the line of the railroad necessary for the operation thereof.

C. Such corporations may appropriate as much of the waters of any springs or streams on the lands as necessary to operate the lines, together with a right of way over the lands to the springs and streams for the pipes, ditches, aqueducts or other conduits, subject to the laws of the state.