Regulations last checked for updates: Feb 16, 2025

Title 43 - Public Lands: Interior last revised: Feb 10, 2025
§ 2611.3 - Rights-of-way over other public lands.

When the canals, ditches, pipelines, reservoirs or other facilities required by the plan of development will be located on public lands not applied for by the State under the Carey Act, an application for right-of-way over such lands under Title V of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1761 et seq.), shall be filed separately by the proposed constructor. Rights-of-way shall be approved simultaneously with the approval of the plan, but shall be conditioned on approval of the contract.

authority: Sec. 4 of the Act of August 18, 1894 (28 Stat. 422), as amended (43 U.S.C. 641), known as the Carey Act
source: 45 FR 34232, May 21, 1980, unless otherwise noted.
cite as: 43 CFR 2611.3