Chapter 46, IRRIGATION AND REGULATION OF WATER
961 sections in this chapter.
Neb. Rev. Stat. § 46-1 Bonds; sale; notice; procedure.
Neb. Rev. Stat. § 46-1,100 Bonds; sale; notice; procedure.
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The board may sell such bonds from time to time in such quantities as may be necessary and most advantageous to raise the money for the construction of such canals and works, the acquisition of property and rights and otherwise to fully carry out the object and purposes of sectio…
Neb. Rev. Stat. § 46-1,101 Bonds; how paid; assessments.
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Such bonds, and the interest thereon, shall be paid by revenue derived from an annual assessment upon the real property of the district and all the real property of the district shall be and remain liable to be assessed for such payments as herein provided, and for all payments d…
Neb. Rev. Stat. § 46-1,102 Bonds; issuance and sale; judicial approval required.
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The board of directors of an irrigation district organized under the provisions of sections 46-101 to 46-128 shall, before issuing and before selling any bonds of such irrigation district, commence a special proceeding, in and by which the proceedings of the board and of the dist…
Neb. Rev. Stat. § 46-1,103 Bonds; judicial approval; petition; contents.
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The board of directors of the irrigation district or such holder or holders of any bond or bonds of the district shall file in the district court of the county in which the lands of the district, or some portion thereof, are situated, a petition praying in effect, that the procee…
Neb. Rev. Stat. § 46-1,104 Bonds; judicial approval; hearing; notice; form; contents.
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The court shall fix the time for the hearing of the petition, and shall order the clerk of the court to give and publish a notice of the filing of the petition. The notice shall be given and published in the same manner and for the same length of time that the notice of a special…
Neb. Rev. Stat. § 46-1,105 Bonds; judicial approval; parties; motions and answers; rules applicable.
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Any person interested in the district, or in the issue or sale of the bonds, may move to dismiss the petition or answer thereto. The provisions of the code of civil procedure respecting motions and answer to a complaint shall be applicable to motions and answer to the petition. T…
Neb. Rev. Stat. § 46-1,106 Bonds; judicial approval; determination of legality; procedure.
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Upon the hearing of such special proceedings, the court shall have power and jurisdiction to examine and determine the legality and validity of, and approve and confirm or disapprove and disaffirm, each and all of the proceedings for the organization of such district under sectio…
Neb. Rev. Stat. § 46-1,107 Water supply from outside the state; power of district to acquire; contracts; bonds.
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When any district organized under sections 46-101 to 46-128 shall find it necessary to procure and acquire the supply of water necessary for any or all ditches outside of the boundaries of this state, and from some adjoining state, then in such event it shall be lawful for such d…
Neb. Rev. Stat. § 46-1,108 Bonds; refunding; reissue.
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The board of directors of any irrigation district in the State of Nebraska which has issued valid interest-bearing bonds that are outstanding and unpaid, may take up and pay off any such bonds whenever the same can be brought about by lawful means, by the issue and sale or the is…
Neb. Rev. Stat. § 46-1,109 Bonds; refunding; conditions for issuance; procedure; notice; form; contents; action of board when no objections filed.
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Whenever it is desired to issue bonds under section 46-1,108, the board of directors shall, by resolution entered in the minutes of its proceedings, direct public notice to be given, stating the amount of the indebtedness sought to be taken up and paid, the date it was voted, the…
Neb. Rev. Stat. § 46-1,110 Bonds; refunding; hearing on objections; appeal.
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If on the day appointed in such notice, any written objections be filed, the objection or objections shall be heard and decided by the board of directors, and from its decision an appeal may be taken to the district court, in the manner of appeals from the county board.
Neb. Rev. Stat. § 46-1,111 Bonds; refunding; recitals required; delivery; payment; laws applicable.
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The bonds so issued shall have recited therein the object of issue, the title of the article under which the issue was made, stating the issue to be made in pursuance thereof, and shall also state the number, date, and amount of the bonds for which it is substituted. Such new bon…
Neb. Rev. Stat. § 46-1,112 Bonds; interest; extension of maturity; refunding; conditions; requirements.
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Any irrigation district in this state having valid and unpaid bonds outstanding may by contract with the owners or holders thereof, or by other lawful means, provide for the extension of the time of payment thereof for any period not exceeding forty years, and may provide for the…
Neb. Rev. Stat. § 46-1,113 Bonds; extension of maturity; refunding; election required, when; procedure; laws applicable.
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No bonds shall be issued or contract entered into under the provisions of section 46-1,112 unless the same shall be authorized by a majority vote of the electors of such district at any general or special election held in such district. Such election shall be held pursuant to res…
Neb. Rev. Stat. § 46-1,114 Irrigation districts; grant of additional powers.
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In addition to all other powers, an irrigation district shall have the powers granted in sections 46-1,115 to 46-1,126.
Neb. Rev. Stat. § 46-1,115 Bonds in discharge of judgments; power to issue; limit.
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An irrigation district shall have power to issue bonds in consideration of the discharge of judgments held against it in an amount not exceeding by more than one thousand dollars the principal and interest of judgments so discharged.
Neb. Rev. Stat. § 46-1,116 Bonds; issuance to procure surrender of outstanding bonds; power of district; limit.
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An irrigation district shall have power to issue bonds in consideration of the surrender and cancellation of its outstanding bonds. If the bonds surrendered provide for the separate payment of principal and interest, the principal of the bonds to be issued shall not exceed by mor…
Neb. Rev. Stat. § 46-1,117 Bonds; issuance to procure surrender of notes and warrants; power of district; limit.
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An irrigation district shall have power to issue bonds in consideration of the surrender and cancellation of its outstanding notes and warrants in an amount not exceeding by more than one thousand dollars the principal and interest of the notes and warrants surrendered.
Neb. Rev. Stat. § 46-1,118 Bonds; issuance for more than one purpose.
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One issue of bonds may be for any or all the purposes mentioned in sections 46-1,115 to 46-1,117.
Neb. Rev. Stat. § 46-1,119 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; maturity; interest; redemption.
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The bonds issued in pursuance of sections 46-1,115 to 46-1,118 shall mature in not exceeding fifty years, shall bear interest, payable semiannually, and may be subject to redemption before maturity at par and accrued interest at the option of the district on such terms and subjec…
Neb. Rev. Stat. § 46-1,120 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contract with holders, authorized; terms.
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As part of the consideration for accepting new bonds in lieu of judgments, notes, warrants or bonds, and in order to induce the owners of judgments and holders of notes, warrants, and bonds to accept such new bonds, a district shall have power to make a contract with the holders …
Neb. Rev. Stat. § 46-1,121 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; powers to be exercised by resolution; contents.
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In order to exercise the powers granted by sections 46-1,114 to 46-1,120 the board of directors shall adopt a resolution which shall (1) set forth the judgments to be discharged and the notes and warrants and bonds to be canceled for which bonds are to be issued; (2) authorize th…
Neb. Rev. Stat. § 46-1,122 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; special election required; notice; form and contents; effect of affirmative vote.
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The board of directors shall then call a special election. Notice of such election shall be given by posting notice in three public places in each election precinct in the district for at least twenty days and also by publication of such notice in some newspaper published in the …
Neb. Rev. Stat. § 46-1,123 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; procedure where less than all outstanding are offered.
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In case within the time therefor set by the board of directors the amount of judgments proposed to be discharged and the amount of notes, warrants and bonds proposed to be surrendered shall not be offered for discharge or surrender, the board of directors may nevertheless accept …
Neb. Rev. Stat. § 46-1,124 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; resolution; contracts; effect.
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Upon the discharge of the judgments and the surrender of the notes, warrants and bonds, and the issuance of the new bonds, the resolution approved by the electors shall constitute a contract with the holders of the bonds, and all facts therein recited shall conclusively be deemed…
Neb. Rev. Stat. § 46-1,125 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; contracts; duties of public officers.
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After the making of a contract and the issuance of bonds as herein authorized in sections 46-1,114 to 46-1,126, it shall be the duty of all district and county officials, and such officials are hereby authorized and directed, to do and perform all such acts and things within the …
Neb. Rev. Stat. § 46-1,126 Bonds issued to discharge judgments or procure surrender of bonds, notes, and warrants; rights of creditors not consenting.
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Any contractual obligation entered into by a district in pursuance of sections 46-1,114 to 46-1,126 shall not impair the rights of any creditor of the district who does not consent thereto by accepting the bonds issued in pursuance of said sections, and in case the district shall…
Neb. Rev. Stat. § 46-1,127 Bonds; sinking fund; how provided.
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The board of directors of any irrigation district in the State of Nebraska, if it considers it for the best interest of such district, shall have the power to provide a sinking fund with which to pay and retire outstanding bonds of the district. For the purpose of creating, estab…
Neb. Rev. Stat. § 46-1,128 Irrigation or drainage districts; sale of real estate; procedure.
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An irrigation or drainage district which owns or hereafter may acquire the title to any real estate which is no longer needed by such irrigation or drainage district may sell and convey the same when authorized to do so by the affirmative vote of a majority of the qualified elect…
Neb. Rev. Stat. § 46-1,129 Sale of real estate; election; notice; form; contents.
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Notice of such election shall be given by posting notice in three public places in each of the election precincts in the election district for at least twenty days and also by publication of such notice in a legal newspaper published or of general circulation in the county where …
Neb. Rev. Stat. § 46-1,130 Sale of real estate; election; results; determination.
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Such election shall be held and the results thereof determined and declared in conformity with the law governing the election of officers in such district as nearly as may be practicable; Provided, that no irregularity in the conduct of such an election, due to an error or omissi…
Neb. Rev. Stat. § 46-1,131 Sale of real estate; notice.
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At least thirty days' notice of the terms of sale, with description of property to be sold, shall be given by publication in some newspaper published in the county in which the office of the board of directors is located, or if no newspaper is published in the county then by post…
Neb. Rev. Stat. § 46-1,132 Sale of real estate; bids; acceptance; conveyance; form.
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The sale shall be by sealed bids. The directors may reject any and all bids and readvertise, if in their judgment it is for the best interest of the district. Upon approval of the sale, by a two-thirds vote of the board of directors of the district, the president of the board of …
Neb. Rev. Stat. § 46-1,133 Irrigation districts; public lands; taxation; rights and obligations of entrymen.
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Whenever irrigation districts incorporated in accordance with the laws of this state, whether heretofore or hereafter organized, shall include within the corporate boundaries public lands of the United States, whether entered or unentered, the board of directors is authorized to …
Neb. Rev. Stat. § 46-1,134 Irrigation districts; excluded lands not taxable.
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No irrigation district, company or corporation shall include within its district for purposes of levying taxes, bonds or assessments any land which has formerly been set out of the district, unless the owner of such lands shall consent to have his land thus reinstated in the dist…
Neb. Rev. Stat. § 46-1,135 Rights of grantees of subdivided lands.
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Where land within an irrigation district, to which water has been delivered through adequate facilities provided by such irrigation district, is subdivided and transferred in part, the grantee or transferee shall have the right to use laterals and other existing facilities as aga…
Neb. Rev. Stat. § 46-1,136 Subdivided lands; additional facilities; no obligation to furnish.
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An irrigation district within which subdivided land is situated, shall not be required to build additional laterals or provide other facilities for the purpose of delivering water to such subdivided land, but shall only be required to deliver water for the irrigation of such subd…
Neb. Rev. Stat. § 46-1,137 Tolls; collection authorized.
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When the governing authority of any irrigation district of this state elects to collect funds for the operation and maintenance of irrigation works or repayment of contracts of construction by and between the United States of America and any irrigation district as provided in sec…
Neb. Rev. Stat. § 46-1,138 Delinquent tolls; lien on real estate; manner of collection.
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All such tolls and charges, due and delinquent according to the rules and regulations of such district, and unpaid on June 1 after becoming due and delinquent, may be by the governing authority of such district certified to the county clerk of such county in which are situated th…
Neb. Rev. Stat. § 46-1,139 District funds; authorized depositories.
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Any irrigation district treasurer may deposit the money received or held by him or her by virtue of his or her office in some state or national bank in the State of Nebraska, capital stock financial institution, or qualifying mutual financial institution. Section 77-2366 shall ap…
Neb. Rev. Stat. § 46-1,140 District funds; depository designated; deposits subject to check or order.
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Before such funds are deposited one or more banks, capital stock financial institutions, or qualifying mutual financial institutions shall be designated by the board of directors of the irrigation district whose funds are to be so deposited. All such deposits shall be subject to …
Neb. Rev. Stat. § 46-1,141 District funds; deposits; how secured.
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The depository receiving the deposit of funds of the district is hereby authorized to secure the deposit of such funds by giving security pursuant to the Public Funds Deposit Security Act, by depository bond, corporate in character, or by sufficient personal security when demande…
Neb. Rev. Stat. § 46-1,142 District funds; treasurer not liable, when.
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No treasurer of any such district shall be liable upon his bond for loss on account of any deposit in a bank which has been designated as the depository under the provisions of sections 46-1,139 to 46-1,142, and the security given by such bank has been approved by the board of di…
Neb. Rev. Stat. § 46-1,143 Contract for water supply authorized.
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The board of directors of any irrigation district organized under the laws of this state may enter into contracts for a supply of water for the irrigation of the lands within such irrigation district with any person, firm, association, corporation or the United States of America.…
Neb. Rev. Stat. § 46-1,144 Water supply; tax levy.
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If the contract mentioned in section 46-1,143 provides for payment of the entire purchase price of such water supply within one year after the making of such contract, the board of directors of such irrigation district shall at the time of entering into such contract pass a resol…
Neb. Rev. Stat. § 46-1,145 Contract for water supply; election required, when; notice; procedure; effect of affirmative vote.
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If such contract provides for payments to be made extending for a period of more than one year from the date of making the contract, the board of directors of such irrigation district shall submit the contract to the electors of the district at any general election or at a specia…
Neb. Rev. Stat. § 46-1,146 Water supply contracts and bonds; rescission; when authorized.
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If any irrigation district shall have heretofore, or hereafter, purchased a water supply and issued bonds in payment of the same, or shall have purchased an irrigation system, which system included a contract for water supply and issued bonds in payment of the same, the directors…
Neb. Rev. Stat. § 46-1,147 Irrigation districts; acceptance of federal reclamation aid.
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Any irrigation district is hereby authorized to be created and is empowered to cooperate with the United States under the Act of June 17, 1902 (32 Stat. 388), known as the Federal Reclamation Act and acts amendatory thereof and supplementary thereto, for the purposes of construct…
Neb. Rev. Stat. § 46-1,148 Payment of federal charges.
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The contract provisions for the payment of construction charges to the United States and the bonds securing the payment of the same, if any be issued and deposited, may be of such denominations and may call for payment of such interest not exceeding six percent per annum, and may…