Chapter 46, IRRIGATION AND REGULATION OF WATER
732 sections in this chapter.
Neb. Rev. Stat. § 46-1142 Failure to notify of accident; penalty; recovery of costs.
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Any permitholder who fails to notify the district and the department of any actual or suspected accident resulting from the use of chemigation 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 violatio…
Neb. Rev. Stat. § 46-1143 Other violations; penalty; recovery of costs.
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Any person who violates any of the provisions of the Nebraska Chemigation Act for which a specific penalty is not provided 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 …
Neb. Rev. Stat. § 46-1144 District; failure to carry out responsibilities; hearing; procedure.
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If at any time after January 1, 1988, it is alleged by the department upon its own initiative or as a result of a complaint being filed with the department that a district is not carrying out its responsibilities under the Nebraska Chemigation Act, the department may hold a conte…
Neb. Rev. Stat. § 46-1145 District; failure to carry out responsibilities; effect.
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If after a hearing held pursuant to section 46-1144 the director determines that the district is not carrying out its responsibilities under the Nebraska Chemigation Act, the powers and duties of the district set out in the act shall vest in the department for a period of twelve …
Neb. Rev. Stat. § 46-1146 Appeal; procedure.
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Any affected person aggrieved by any order issued or final decision made by the department pursuant to the Nebraska Chemigation Act may appeal the order or decision, and the appeal shall be in accordance with the Administrative Procedure Act. As used in this section, affected per…
Neb. Rev. Stat. § 46-1147 Powers of department; construction of act.
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Nothing in the Nebraska Chemigation Act shall be construed to limit the powers of the department provided in Chapter 81, article 15.
Neb. Rev. Stat. § 46-1148 Powers of district; construction of act.
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Nothing in the Nebraska Chemigation Act shall be construed to limit the powers of a district provided in the Nebraska Ground Water Management and Protection Act.
Neb. Rev. Stat. § 46-115 Subsequent elections; manner; notice.
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(1) Fifteen days before any election which is not held by mail under the Irrigation District Act subsequent to the organization of the irrigation district, the secretary of the board of directors shall cause notice to be published in a newspaper of general circulation in each cou…
Neb. Rev. Stat. § 46-116 Election officers; powers and duties; hours of election.
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(1) One of the judges shall be chairperson of the board of election and may (a) administer all oaths required in the progress of an election under the Irrigation District Act and (b) appoint judges and clerks, if during the progress of the election or processing and counting ball…
Neb. Rev. Stat. § 46-117 Elections; return and canvass of vote.
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(1) Elections under the Irrigation District Act, together with the ballots cast thereat, shall be certified by the boards of election for the precincts to the board of directors of the irrigation district within three days after the election or the deadline for casting ballots by…
Neb. Rev. Stat. § 46-118 Elections; statement of result entered in board record; certificate of election; vacancies, how filled.
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The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such results, which statement must show (1) the whole number of votes cast in the district and in each division of the district; (2) the names of the…
Neb. Rev. Stat. § 46-119 Board; organization; officers; bonds; payment of premiums.
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On the first Wednesday following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary, treasurer, and assessor. All such offices may be held by one person. When the offices of secretary and treasure…
Neb. Rev. Stat. § 46-120 Board; general powers and duties.
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The board shall have the power and it shall be its duty to manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, establish equitable bylaws, rul…
Neb. Rev. Stat. § 46-120.01 Board; obligate lands; emergency repairs and replacement; limitation.
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The board of directors of an irrigation district shall not obligate the lands of the district except for emergency and unforeseen damage, repairs, and replacement, in excess of five dollars per acre for districts irrigating more than sixty thousand acres per year without submitti…
Neb. Rev. Stat. § 46-1201 Act, how cited.
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Sections 46-1201 to 46-1241 shall be known and may be cited as the Water Well Standards and Contractors' Practice Act.
Neb. Rev. Stat. § 46-1202 Purposes of act.
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The purposes of the Water Well Standards and Contractors' Practice Act are to: (1) Provide for the protection of ground water through the licensing and regulation of water well contractors, pump installation contractors, water well drilling supervisors, pump installation supervis…
Neb. Rev. Stat. § 46-1203 Definitions, where found.
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For purposes of the Water Well Standards and Contractors' Practice Act, unless the context otherwise requires, the definitions found in sections 46-1204.01 to 46-1216 shall be used.
Neb. Rev. Stat. § 46-1204.01 Abandoned water well, defined.
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Abandoned water well means any water well (1) the use of which has been accomplished or permanently discontinued, (2) which has been decommissioned as described in the rules and regulations of the department, and (3) for which the notice of abandonment required by subsection (2) …
Neb. Rev. Stat. § 46-1204.02 Active status water well, defined.
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Active status water well shall mean a water well which is in use and which is not an illegal water well.
Neb. Rev. Stat. § 46-1205 Board, defined.
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Board means the Water Well Standards and Contractors' Licensing Board.
Neb. Rev. Stat. § 46-1205.01 Licensed natural resources ground water technician, defined.
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Licensed natural resources ground water technician means a natural resources ground water technician who has taken a training course, passed an examination based on the training course, and received a license from the department indicating that he or she is a licensed natural res…
Neb. Rev. Stat. § 46-1206 Construction of water wells, defined.
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Construction of water wells shall mean and include all acts necessary to make a water well usable for the purpose for which it is intended including, without limitation, the siting of and excavation for the water well and its construction, alteration, or repair, but excluding the…
Neb. Rev. Stat. § 46-1206.01 Decommissioned, defined.
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Decommissioned, when used in relation to a water well, shall mean the act of filling, sealing, and plugging a water well in accordance with the rules and regulations of the department.
Neb. Rev. Stat. § 46-1207 Department, defined.
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Department means the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-1207.01 Illegal water well, defined; landowner; petition for reclassification; when.
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(1) Illegal water well means any water well which has not been properly decommissioned and which meets any of the following conditions: (a) The water well is in such a condition that it cannot be placed in active or inactive status; (b) Any necessary operating equipment has been …
Neb. Rev. Stat. § 46-1207.02 Inactive status water well, defined.
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Inactive status water well shall mean a water well that is in a good state of repair and for which the owner has provided evidence of intent for future use by maintaining the water well in a manner which meets the following requirements: (1) The water well does not allow impairme…
Neb. Rev. Stat. § 46-1208 Installation of pumps and pumping equipment, defined.
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Installation of pumps and pumping equipment shall mean the procedure employed in the placement and preparation for operation of pumps and pumping equipment at the water well location, including connecting all wiring to the first control and all construction or repair involved in …
Neb. Rev. Stat. § 46-1208.01 Person, defined.
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Person shall mean any: Individual; partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing or managing bo…
Neb. Rev. Stat. § 46-1208.02 Natural resources ground water technician, defined.
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Natural resources ground water technician means any individual employed by a natural resources district and engaged in the inspection of chemigation systems, measuring and recording static water levels, inspection and servicing of flow meters, and water sampling practices and tec…
Neb. Rev. Stat. § 46-1209 Licensed pump installation contractor, defined.
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Licensed pump installation contractor means an individual who has obtained a license from the department and who is a principal officer, director, manager, or owner-operator of any business engaged in the installation of pumps and pumping equipment or the decommissioning of water…
Neb. Rev. Stat. § 46-121 Annual meeting of water users; petition.
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Upon petition signed by ten percent of the water users of any irrigation district and lodged with the president of such district or with any other officer during the absence or disability of the president for any cause, the president or other officer of such district shall call a…
Neb. Rev. Stat. § 46-1210 Licensed pump installation supervisor, defined.
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Licensed pump installation supervisor means any individual who has obtained a license from the department and who is engaged in the installation of pumps and pumping equipment or the decommissioning of water wells. Such supervisor may have discretionary and supervisory authority …
Neb. Rev. Stat. § 46-1211 Pumps and pumping equipment, defined.
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Pumps and pumping equipment shall mean any equipment or materials utilized or intended for use in withdrawing or obtaining ground water including, but not limited to, seals, tanks, fittings, and controls.
Neb. Rev. Stat. § 46-1212 Water well, defined.
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Water well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information…
Neb. Rev. Stat. § 46-1213 Licensed water well contractor, defined.
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Licensed water well contractor means an individual who has obtained a license from the department and who is a principal officer, director, manager, or owner-operator of any business engaged in the construction or decommissioning of water wells.
Neb. Rev. Stat. § 46-1214 Licensed water well drilling supervisor, defined.
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Licensed water well drilling supervisor means any individual who has obtained a license from the department and who is engaged in the construction or decommissioning of water wells. Such supervisor may have discretionary and supervisory authority over other employees of a water w…
Neb. Rev. Stat. § 46-1214.01 Licensed water well monitoring technician, defined.
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Licensed water well monitoring technician means any individual who has obtained a license from the department and who is engaged solely in the measuring of ground water levels, the collection of ground water samples from existing water wells, or the inspection of installed water …
Neb. Rev. Stat. § 46-1215 Well repairs, defined.
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Well repairs shall mean any change, replacement, or other alteration of any water well, pump, or pumping equipment or any other activity which requires a breaking or opening of the well seal.
Neb. Rev. Stat. § 46-1216 Well seal, defined.
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Well seal shall mean an arrangement or device used to cap a water well or to establish and maintain a junction between the casing or curbing of a water well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the …
Neb. Rev. Stat. § 46-1217 Water Well Standards and Contractors' Licensing Board; created; members; qualifications.
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(1) There is hereby created a Water Well Standards and Contractors' Licensing Board. The board shall be composed of ten members, six of whom shall be appointed by the Governor as follows: (a) A licensed water well contractor representing irrigation water well contractors, (b) a l…
Neb. Rev. Stat. § 46-1218 Board; terms; vacancy.
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(1) The terms of members of the board appointed pursuant to subdivisions (1)(e) and (f) of section 46-1217 shall be extended by one year to five-year terms, and the successors to members appointed pursuant to subdivisions (1)(a) through (f) of such section shall be appointed for …
Neb. Rev. Stat. § 46-1219 Board; meetings; quorum.
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(1) Special meetings of the board shall be called upon the written request of any three members of the board. The place of all meetings shall be at the offices of the department, unless otherwise determined by the board. (2) A majority of the members of the board shall constitute…
Neb. Rev. Stat. § 46-122 Right to water delivery; duty of directors.
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(1) It is hereby expressly provided that all water distributed for irrigation purposes shall attach to and follow the tract of land to which it is applied unless a change of location has been approved by the board of directors pursuant to sections 46-2,127 to 46-2,129 or by the C…
Neb. Rev. Stat. § 46-1220 Board; members; compensation; expenses; administration.
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(1) Each member of the board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of the duties of a member of the board, including compensation for the time spent in traveling to and from the place of c…
Neb. Rev. Stat. § 46-1221 Board; executive secretary; offices.
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The department shall designate an individual with the approval of the board to serve as executive secretary of the board, and the department shall furnish such offices and materials as may be necessary for the efficient operation of the board.
Neb. Rev. Stat. § 46-1222 Board; members; conflict of interest.
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No board member shall take any action or make any decision in the discharge of the duties of a member of the board that may constitute a conflict of interest. As soon as a member is aware of a potential conflict or should reasonably be aware of such potential conflict, whichever …
Neb. Rev. Stat. § 46-1223 Examinations; requirements; fee; hardship licensing.
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(1) Examinations for water well monitoring technicians shall be designed and adopted to examine the knowledge of the applicant regarding the minimum standards for water wells and water well pumps, the geological characteristics of the state, measuring ground water levels, and wat…
Neb. Rev. Stat. § 46-1223.01 Department; develop program.
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The department shall develop a program that is designed to train individuals to become licensed natural resources ground water technicians. Such course shall be developed by the department in consultation with the natural resources districts. Such course shall include inspection …
Neb. Rev. Stat. § 46-1224 Board; set fees; Water Well Standards and Contractors' Licensing Fund; created; use; investment.
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(1) Except as otherwise provided in subsections (3) and (4) of this section, the board shall set reasonable fees in an amount calculated to recover the costs incurred by the department and the board in administering and carrying out the purposes of the Water Well Standards and Co…
Neb. Rev. Stat. § 46-1225 License renewal; continuing competency required.
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The board shall adopt rules and regulations to establish continuing competency requirements for persons licensed under the Water Well Standards and Contractors' Practice Act. Continuing education is sufficient to meet continuing competency requirements.