Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-1 Bonds; sale; notice; procedure.
Neb. Rev. Stat. § 46-1001 Terms, defined.
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As used in sections 46-1001 to 46-1020, unless the context otherwise requires: (1) District means a rural water district organized pursuant to sections 46-1001 to 46-1020; (2) Board means the governing body of a district; (3) The terms county board and county clerk mean, respecti…
Neb. Rev. Stat. § 46-1001.01 Rural water districts organized prior to June 30, 1972; effect.
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After June 30, 1972, no new rural water districts shall be organized under the provisions of sections 46-1001 to 46-1020. Attempted formations of rural water districts under sections 46-1001 to 46-1020 which have not been completed before July 1, 1972, shall be null, void and of …
Neb. Rev. Stat. § 46-1002 Rural water districts; petition.
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The county board of each county in this state shall, upon a proper petition being presented, incorporate and organize rural water districts in the manner provided by sections 46-1001 to 46-1020. No such district shall be incorporated when its boundaries lie within five miles of a…
Neb. Rev. Stat. § 46-1003 District; petition; contents.
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A petition addressed to the county board praying for the incorporation of a district, signed by or on behalf of at least fifty percent of the owners of the land within the proposed district may be filed with the county clerk. The petition shall define the boundaries of the propos…
Neb. Rev. Stat. § 46-1004 District; petition; county clerk; notice; contents.
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Whenever a petition as provided in section 46-1003 is filed with the county clerk, the county clerk shall thereupon give notice to the county board of the filing and pendency of such petition and the county board shall forthwith fix a time and place within thirty days after the d…
Neb. Rev. Stat. § 46-1005 District; hearing; order.
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At the time and place set for the hearing and consideration of the petition, it shall be the duty of the county board to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition, the Chief Water Officer, and the landowners in the district a…
Neb. Rev. Stat. § 46-1006 Board of directors; selection; bylaws; adopt.
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Immediately following the granting of incorporation by the county board, the owners of land within any such district shall select from their number a board of directors. The number of members on such board, not to exceed nine, shall be determined by majority vote of those owners …
Neb. Rev. Stat. § 46-1007 Board; meetings; rules and regulations; adopt; vacancies.
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The board shall be the governing body of the district and shall meet annually on the same day the annual meeting of participating members of the district is held pursuant to section 46-1016, and such annual meeting of the board of directors shall follow the annual meeting of part…
Neb. Rev. Stat. § 46-1008 District; powers.
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Every district incorporated under sections 46-1001 to 46-1020 shall: (1) Have perpetual succession, subject to dissolution as provided by such sections; (2) In all cases be presumed to have been legally organized when it shall have exercised the franchises and privileges of a dis…
Neb. Rev. Stat. § 46-1009 Board; contracts; enter into.
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In carrying out the provisions of sections 46-1001 to 46-1020, the board of directors of any such rural water district is authorized to enter into contracts with agencies of the State of Nebraska or of the United States, or municipalities, for the obtaining of water service for u…
Neb. Rev. Stat. § 46-101 Irrigation District Act, how cited; irrigation districts; organization; grant of authority.
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(1) Sections 46-101 to 46-1,163 shall be known and may be cited as the Irrigation District Act. (2) Whenever a majority of the electors owning land or holding leasehold estates, or who are entrymen of government lands, in the manner and to the extent provided in the Irrigation Di…
Neb. Rev. Stat. § 46-1010 Board; employees.
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The board of any such district in this state acting in its capacity as the governing body may employ such common and skilled labor, and professional and other services, as may be necessary to the proper performance of such work or improvement as is proposed to be done within any …
Neb. Rev. Stat. § 46-1011 Plans and specifications; filing; approval; benefit units; water sale.
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Plans and specifications for any proposed improvement authorized by sections 46-1001 to 46-1020 shall be filed with the Chief Water Officer, the Department of Water, Energy, and Environment, and the secretary of the district. No construction of any such improvement shall begin un…
Neb. Rev. Stat. § 46-1012 Owners of land outside of district; petition; contents.
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Owners of land outside any district which can economically be served by the facilities of the district may petition to become attached to such district. Such petition for attachment shall be supported by signatures of landowners in the same manner as prescribed in section 46-1003…
Neb. Rev. Stat. § 46-1013 Owners outside of district; petition; notice; hearing.
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Notice of the filing of a petition for attachment fixing the time and place of hearing and giving notice thereof shall be in the same manner as prescribed in section 46-1004, and in addition thereto the county clerk shall send by registered or certified mail, to each director of …
Neb. Rev. Stat. § 46-1014 Owners outside of district; hearing; boundaries; conditions.
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At the time and place set for the hearing and consideration of the petition, the county board shall ascertain (1) whether proper notice has been given as required by section 46-1013 and (2) whether the statements contained in the petition are true. If true and if a majority of th…
Neb. Rev. Stat. § 46-1015 Board; bonds; purpose; interest; rate; payment; participating members; conditions.
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The board of directors of any water district shall have power to cause to be constructed within such district such works as are authorized by sections 46-1001 to 46-1020 and to issue revenue bonds therefor which shall be exempt from taxation. Such bonds shall be self-liquidating …
Neb. Rev. Stat. § 46-1016 Board; members; term; election.
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The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorporation of the district and until their successors are elected and …
Neb. Rev. Stat. § 46-1017 Board; officers; election.
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The board of directors shall annually elect a chairman, vice-chairman, secretary and treasurer for a term of one year and until a successor is elected and qualified.
Neb. Rev. Stat. § 46-1018 Board; powers and duties; compensation; budget; audit; reports.
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It shall be the duty of the chairperson of the board of directors to keep in repair such works as are constructed by the district as authorized in sections 46-1001 to 46-1020 and to operate such works, all as directed by the board. Such works shall be operated in conformance with…
Neb. Rev. Stat. § 46-1019 District; dissolution; procedure.
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Whenever a petition signed by three-fourths of the landowners in any district organized under the provisions of sections 46-1001 to 46-1020 is presented to the county board and it shall appear from such petition that such district owns no property of any kind, exclusive of record…
Neb. Rev. Stat. § 46-102 Terms, defined.
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(1) For purposes of the Irrigation District Act: (a) Elector means: (i) For any irrigation district or proposed irrigation district not described in subdivision (1)(a)(ii) of this section, any resident of the State of Nebraska who: (A) Owns not less than fifteen acres of land wit…
Neb. Rev. Stat. § 46-1020 District; withdrawal of lands; petition; hearing; county board; findings.
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If it becomes apparent that certain lands included within a district cannot be economically or adequately served by the facilities of the district, the owners of such lands may petition the county board to release those lands from the district. The petition shall describe by sect…
Neb. Rev. Stat. § 46-1021 Consolidation of districts; county board; order.
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Two or more districts incorporated in the manner provided by sections 46-1001 to 46-1020 prior to July 1, 1972, may be consolidated by order of the county board of the county in which the district with the largest acreage of land was originally incorporated and organized.
Neb. Rev. Stat. § 46-1022 Consolidation of districts; members; approval; majority vote; petition; contents.
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The participating members of each district to be consolidated shall first authorize such consolidation by majority vote of such members present at a meeting held upon not less than ten days' written notice to such members stating the purpose of such meeting. A petition addressed …
Neb. Rev. Stat. § 46-1023 Consolidation of districts; petition; filing; notice; contents; hearing.
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Whenever a petition as provided in section 46-1022 is filed with the county clerk, the county clerk shall thereupon give notice to the county board of the filing and pendency of such petition and the county board shall forthwith fix a time and place within thirty days after the d…
Neb. Rev. Stat. § 46-1024 Consolidation of districts; hearing; county board; order.
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If, at the time and place set for the hearing, the county board shall find and determine that (1) notice of the hearing has been given as required by section 46-1023; (2) the proposed consolidation has been approved by a majority vote of the participating members of each district…
Neb. Rev. Stat. § 46-1025 Consolidated district; board; members; officers; election.
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Immediately following the entry of the order of consolidation by the county board, the members of the boards of districts of the former rural water districts which were consolidated by such order shall meet and elect from among themselves a chairman, vice-chairman, secretary and …
Neb. Rev. Stat. § 46-1026 Consolidated district; participating members.
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Participating members of each district forming a consolidated district shall be deemed to be participating members of the consolidated district.
Neb. Rev. Stat. § 46-103 Irrigation district; how formed; petition.
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A petition shall be filed with the county board, signed by a majority of the electors of the proposed district who shall own or hold leasehold estates in a majority of the whole number of acres belonging to or held by the electors of the proposed district, which petition shall se…
Neb. Rev. Stat. § 46-104 Petition; map; requirements.
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The petitioners must accompany the petition with a map of the proposed district. The map shall show the location of the proposed canal or the works by means of which it is intended to irrigate the proposed district, and of all the canals situated within the boundaries of the prop…
Neb. Rev. Stat. § 46-105 Petition; bond; requirements.
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The petitioners must accompany the petition with a good and sufficient bond, to be approved by the county board, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all costs in case such organization shall not be effected…
Neb. Rev. Stat. § 46-106 Petition; notice of hearing; report by Chief Water Officer.
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The petition for the proposed district shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where the petition is presented, together with a notice stating the time of the meeting at …
Neb. Rev. Stat. § 46-107 Petition and plan of irrigation; hearing before county board; finding; appeal to district court; procedure; bond.
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At the time set for the hearing, the county board may amend such plan of irrigation as it may find advisable, and when it shall have determined to proceed with the matter, the board may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hear…
Neb. Rev. Stat. § 46-108 District; lands included; lands irrigated by pumping.
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Upon specific findings as to inclusion of any land in the proposed district, to which objection shall have been made, it shall be the duty of the county clerk to notify the objector, his agent or attorney, in writing, of the fact that such specific finding shall have been made, w…
Neb. Rev. Stat. § 46-109 District; divisions; directors; number; election; terms.
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(1) Except as otherwise provided in subsections (2) and (3) of this section, the county board shall make an order dividing the irrigation district into three divisions as nearly equal in size as may be practicable, which shall be numbered first, second, and third, and one directo…
Neb. Rev. Stat. § 46-110 District; organization and officers; election; notice; voters; eligibility.
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(1) After dividing the proposed irrigation district into divisions, the county board shall give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the Irrigation District Act. Such notice sha…
Neb. Rev. Stat. § 46-1101 Act, how cited.
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Sections 46-1101 to 46-1148 shall be known and may be cited as the Nebraska Chemigation Act.
Neb. Rev. Stat. § 46-1102 Legislative findings.
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The Legislature finds that the use of chemigation throughout the state is increasing and that, although chemigation provides a viable alternative to other means of chemical application, if an irrigation distribution system is not properly equipped or if a chemical is not used wit…
Neb. Rev. Stat. § 46-1103 Definitions, sections found.
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For purposes of the Nebraska Chemigation Act, unless the context otherwise requires, the definitions found in sections 46-1104 to 46-1116.01 shall apply.
Neb. Rev. Stat. § 46-1104 Applicator, defined.
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Applicator shall mean any person engaged in the application of chemicals by means of chemigation. Applicator shall include any person operating equipment used for chemigation whether for himself or herself or on behalf of the permitholder for the land on which the chemigation wil…
Neb. Rev. Stat. § 46-1105 Chemical, defined.
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Chemical shall mean any fertilizer, herbicide, or pesticide mixed with the water supply.
Neb. Rev. Stat. § 46-1106 Chemigation, defined.
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Chemigation shall mean any process whereby chemicals are applied to land or crops in or with water through an onfarm irrigation distribution system.
Neb. Rev. Stat. § 46-1107 Council, defined.
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Council shall mean the Environmental Quality Council.
Neb. Rev. Stat. § 46-1108 Department, defined.
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Department shall mean the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-1109 Director, defined.
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Director shall mean the Director of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-111 District; organization and officers; election; procedure; canvass of votes; order of board; filing; election precincts.
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(1) Irrigation district elections shall be conducted in accordance with the Irrigation District Act. (2) The county board shall meet on the second Monday next succeeding any irrigation district election or next succeeding the deadline for casting ballots in an irrigation district…
Neb. Rev. Stat. § 46-1110 District, defined.
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District shall mean a natural resources district created pursuant to Chapter 2, article 32.
Neb. Rev. Stat. § 46-1111 Fertilizer, defined.
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Fertilizer shall mean any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients recognized by the Association of American Plant Food Control Officials in its official publication.