43 CFR § 2611.3 - Rights-of-way over other public lands.

---
identifier: "/us/cfr/t43/s2611.3"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "43 CFR § 2611.3 - Rights-of-way over other public lands."
title_number: 43
title_name: "Public Lands: Interior"
section_number: "2611.3"
section_name: "Rights-of-way over other public lands."
chapter_name: "BUREAU OF LAND MANAGEMENT, DEPARTMENT OF THE INTERIOR"
subchapter_number: "B"
subchapter_name: "LAND RESOURCE MANAGEMENT (2000)"
part_number: "2610"
part_name: "CAREY ACT GRANTS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
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."
regulatory_source: "45 FR 34232, May 21, 1980, unless otherwise noted."
cfr_part: "2610"
---


# 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.