Defenses available for certain actions by the state or person claiming through the state

Any action brought by this state or any person claiming through this state for lands, or for the rents or profits from lands, based on a claim of navigability of any watercourse, as defined in section 37-1101, except the Colorado river, is subject to all legal and equitable defenses which would be available if the claimant were not this state or a private person or political subdivision of this state claiming through this state.