Chapter 46, IRRIGATION AND REGULATION OF WATER
732 sections in this chapter.
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.
Neb. Rev. Stat. § 46-1112 Injection location, defined.
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Injection location shall mean each site where chemicals will be applied through an irrigation distribution system.
Neb. Rev. Stat. § 46-1113 Irrigation distribution system, defined.
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Irrigation distribution system shall mean any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or…
Neb. Rev. Stat. § 46-1114 Open discharge system, defined.
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Open discharge system shall mean a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pum…
Neb. Rev. Stat. § 46-1115 Permitholder, defined.
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Permitholder shall mean the owner or operator of land who applies or authorizes the application of chemicals to such land by means of chemigation. The permitholder shall be the party primarily responsible for any liability arising from chemigation on the property.
Neb. Rev. Stat. § 46-1116 Pesticide, defined.
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Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any su…
Neb. Rev. Stat. § 46-1116.01 Working day, defined.
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Working day shall mean Monday through Friday but shall not include Saturday, Sunday, or a federal or state holiday. In computing two working days, the day of receipt of the permit is not included and the last day of the two working days is included.
Neb. Rev. Stat. § 46-1117 Permit required; exception; application.
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No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a permit from the district in which the well or diversion is located, except that nothing in this section shall require a person to obtain a …
Neb. Rev. Stat. § 46-1117.01 Special permit; issuance.
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Permits for those systems determined through inspection by the district as not needing all of the safety equipment prescribed by the Nebraska Chemigation Act shall be forwarded immediately to the department for review. If the department determines that certain elements of the saf…
Neb. Rev. Stat. § 46-1119 Emergency permit; application; fee; violation; penalty.
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(1) A person may file an application with the district for an emergency permit on forms provided by the district. The district shall review each emergency application and approve or deny the application within two working days after the application is filed. An emergency applicat…
Neb. Rev. Stat. § 46-112 District officers; election; terms.
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The officers elected in compliance with section 46-110, upon qualifying as provided in section 46-113, shall hold their respective offices until the next general election for the irrigation district when their successors shall be elected. At such general election the member of th…
Neb. Rev. Stat. § 46-1120 Application; contents.
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Each application to engage in chemigation shall contain (1) the name and post office address of the applicant, (2) the location by legal description of the land where chemigation is to be used, and (3) such other information as the department, after consultation with the district…
Neb. Rev. Stat. § 46-1121 Fees; Chemigation Costs Fund; created; investment; annual permits; renewal.
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(1) To aid in defraying the cost of administration of the Nebraska Chemigation Act, the district shall collect an initial application fee for a permit, a special permit fee, an annual renewal fee, and an emergency permit fee. The fees shall be established by the district and shal…
Neb. Rev. Stat. § 46-1122 Replacement or alteration of chemigation equipment; notice; inspection.
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Any permitholder who replaces or alters or authorizes the replacement or alteration of chemigation equipment which was previously approved by the district shall notify the district within seventy-two hours of such replacement or alteration. The district shall conduct an inspectio…
Neb. Rev. Stat. § 46-1123 Districts; annual reports; contents.
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Annual reports shall be submitted to the department by the district personnel showing the actual number of applications received, the number of applications approved, the number of inspections made, and the name of all chemicals used in chemigation systems within the district dur…
Neb. Rev. Stat. § 46-1124 District; conduct inspections; inspection warrant.
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(1) Each district shall conduct areawide, selective, and periodic inspections to insure compliance with the Nebraska Chemigation Act and rules and regulations adopted and promulgated under the act. A permitholder or any person believed by the district to be chemigating without a …
Neb. Rev. Stat. § 46-1125 Permit denial, suspension, revocation; grounds.
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The district shall deny, refuse renewal of, suspend, or revoke a permit applied for or issued pursuant to section 46-1117 on any of the following grounds: (1) Practice of fraud or deceit in obtaining a permit; or (2) Violation of any of the provisions of the Nebraska Chemigation …
Neb. Rev. Stat. § 46-1126 Permit denial, suspension, or revocation; procedures; suspend operation; when.
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(1) Before a district denies, refuses to renew, suspends, or revokes a permit, it shall send to the applicant or permitholder a notice setting forth the specific reasons for the proposed action. The denial, refusal to renew, suspension, or revocation shall become final ten calend…
Neb. Rev. Stat. § 46-1127 Irrigation distribution system; improper operation; penalty; equipment; rules and regulations.
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(1) Any person who places any chemical in an irrigation distribution system or permits any chemical to be in an irrigation distribution system without having a properly operating (a) check and vacuum relief valve in the irrigation pipe, (b) inspection port or other device to chec…
Neb. Rev. Stat. § 46-1128 Applicators of chemicals; training sessions; certificate; expiration.
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In order to insure that applicators of chemicals have sufficient scientific and practical knowledge in the use of chemigation, the director shall conduct training sessions directed toward thorough comprehension and knowledge of the safe use of chemigation or contract with the Coo…
Neb. Rev. Stat. § 46-1129 Training sessions; council; prescribe forms; adopt rules and regulations.
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The council shall prescribe the necessary forms and adopt and promulgate such rules and regulations as shall be necessary to carry out the provisions of section 46-1128 regarding the conducting of training sessions and the issuing of certificates.
Neb. Rev. Stat. § 46-1129.01 Applicator's certificate; revocation; grounds.
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An applicator's certificate may be revoked by the department if the applicator: (1) Operates a chemigation system that is known to be defective or not in compliance with permit requirements; (2) Fails to report any actual or suspected accident resulting from the use of chemigatio…
Neb. Rev. Stat. § 46-113 Officers; oath; bond; district as federal fiscal agent; additional bond.
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Within ten days after receiving his certificate of election, hereinafter provided for, each director shall take and subscribe the official oath, and each member of the board of directors shall execute an official bond in the sum of one thousand dollars, which bond shall be approv…
Neb. Rev. Stat. § 46-1130 Posting of signs.
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Signs shall be posted which provide notice that chemicals are applied in irrigation water in the field in areas being treated by means of chemigation with chemicals which appear on the restricted use list in the Federal Insecticide, Fungicide, and Rodenticide Act or chemicals for…
Neb. Rev. Stat. § 46-1131 Accident; report required; investigation; cleanup and recovery plan.
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The applicator or the permitholder shall report an actual or suspected accident related to the use of chemigation in his or her system to the department and the appropriate district within twenty-four hours of its discovery. Any accident resulting from the use of chemigation shal…
Neb. Rev. Stat. § 46-1132 Damage to premises; considered tort claim.
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Any damage to the premises caused by the negligent or wrongful act or omission of any employee of the district while acting within the scope of his or her employment may be pursued as a tort claim as provided for in the Political Subdivisions Tort Claims Act. Any damage to the pr…
Neb. Rev. Stat. § 46-1133 Assistance to abate water contamination.
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Each district or the department may provide technical and other assistance as may be necessary or desirable to abate the risk of water contamination in the state caused by chemigation.
Neb. Rev. Stat. § 46-1134 Department; powers and duties.
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The department shall have the power and duty: (1) To advise, consult, cooperate, and contract with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, industries, and groups in furtherance of the purposes of the Nebra…
Neb. Rev. Stat. § 46-1135 District; adopt rules and regulations.
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Each district may adopt and promulgate such rules and regulations as shall be necessary to carry out its responsibilities under the Nebraska Chemigation Act. The rules and regulations of a district shall be subject to approval by the director.
Neb. Rev. Stat. § 46-1136 Council; adopt rules and regulations.
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The council shall adopt and promulgate rules and regulations providing for: (1) Procedures and specifications for the installation, replacement, or repair of chemigation equipment; (2) A system for the issuance of permits by the district to engage in chemigation; (3) A procedure …
Neb. Rev. Stat. § 46-1137 Compliance with act; affirmative defense.
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Compliance with the Nebraska Chemigation Act shall be an affirmative defense to any civil action resulting from a person's use of chemigation.
Neb. Rev. Stat. § 46-1138 Violation of act; procedures for compliance; prosecuting attorney; duties.
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(1) Any person found by the district to be in violation of the Nebraska Chemigation Act or any rules and regulations issued pursuant to the act shall be notified by the district of such violation. Each person so notified by the district shall have ten days in which to comply. The…
Neb. Rev. Stat. § 46-1139 Engaging in chemigation without a permit; penalty; recovery of costs.
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Any person who engages in chemigation without first obtaining a chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than f…
Neb. Rev. Stat. § 46-114 Directors; assumption of office; tenure.
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The director elected shall assume the duties of his office the first Tuesday in March after his election; Provided, all incumbents shall hold their respective offices until their successors are elected and qualified, as provided in section 46-112.
Neb. Rev. Stat. § 46-1140 Engaging in chemigation with a suspended or revoked permit; penalty; recovery of costs.
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Any person who engages in chemigation with a suspended or revoked chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than…
Neb. Rev. Stat. § 46-1141 Tampering with chemigation equipment; penalty; recovery of costs.
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Any person who willfully tampers with or otherwise willfully damages in any way equipment meeting the requirements specified in section 46-1127 shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violati…