Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-1235 License; disciplinary actions; grounds.
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In cases other than those relating to failure to meet the requirements for an initial license, the Director of Water, Energy, and Environment may deny, refuse renewal of, suspend, or revoke licenses or may take other disciplinary action following notice and an opportunity for a h…
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1238 License; when required; action to enjoin activities.
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Any person who fails to employ or use at least one individual appropriately licensed and available or any person who engages, without a license for such activities, in the construction of water wells, the installation of pumps and pumping equipment, the decommissioning of water w…
Neb. Rev. Stat. § 46-1239 Unauthorized employment; construction, decommissioning, or installation without license; criminal penalty; civil penalty.
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Any person who fails to employ or use at least one individual appropriately licensed and available or any person who engages, without a license for such activities, in the construction of water wells, the installation of pumps and pumping equipment, or the decommissioning of wate…
Neb. Rev. Stat. § 46-124 Board of directors; meetings; quorum; open records.
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The board of directors shall hold regular meetings in its office each month and such special meetings as may be required for the proper transaction of business. All special meetings shall be ordered by the president of the board. The order must be entered of record and notice the…
Neb. Rev. Stat. § 46-124.01 District; budget; public inspection.
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An irrigation district organized under sections 46-101 to 46-128 shall maintain a current copy of its annual budget at its principal office for public inspection during business hours.
Neb. Rev. Stat. § 46-1240 Failure to comply with standards; criminal penalty; civil penalty; action to enjoin.
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Any person who engages in or any person who employs or uses a person who engages in the construction of water wells, the installation of pumps and pumping equipment, the decommissioning of water wells, or the measuring of ground water levels, the collection of ground water sample…
Neb. Rev. Stat. § 46-1240.01 False or forged documents; penalty.
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Any person who files or attempts to file with the department any false or forged diploma or certificate or affidavit of identification or qualification shall be guilty of forgery.
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1240.06 Variance from rule, regulation, or standard; conditions; injunction.
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(1) The department may grant a variance from any rule, regulation, or standard adopted and promulgated by the department relating to the construction of water wells upon proof by a licensed water well contractor or owner of a proposed water well satisfactory to the department tha…
Neb. Rev. Stat. § 46-1241 Water well log required; contents.
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Any owner of a water well or a licensed water well contractor who engages in an act of or the business of constructing a water well shall keep and maintain an accurate well log of the construction of each such water well. The well log shall be available to the department for insp…
Neb. Rev. Stat. § 46-125 Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.
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The board, its agents, and employees shall have the right to enter upon any land within the district to make surveys, and may locate the line of any canal or canals and the necessary branches of such location. The board shall have the right to acquire, either by purchase or conde…
Neb. Rev. Stat. § 46-126 Contracts with United States authorized; bonds; issuance; tax levy.
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The board may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the federal Reclamation Act, and all acts amendatory the…
Neb. Rev. Stat. § 46-127 District as fiscal agent of the United States; authority.
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The board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation p…
Neb. Rev. Stat. § 46-128 Irrigation; declared a public use.
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The use of all water required for the irrigation of lands of any district formed under the provisions of sections 46-101 to 46-128, together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all oth…
Neb. Rev. Stat. § 46-129 District property; title; conveyance in trust; procedure; election.
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The legal title to all property acquired under the provisions of sections 46-101 to 46-1,111, or acquired through purchase at tax sale foreclosure, shall immediately and by operation of law vest in such irrigation district in its corporate name, and shall be held by such district…
Neb. Rev. Stat. § 46-130 Board of directors; acquisition of property; corporate powers.
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The board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of sections 46-101 to 46-1,111, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute a…
Neb. Rev. Stat. § 46-1301 Legislative findings.
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The Legislature finds that (1) existing monitoring of ground water quality performed by natural resources districts is excellent and deserves recognition, (2) substantial efforts have been undertaken by the Department of Water, Energy, and Environment to monitor surface water qua…
Repealed. Laws 2004, LB 940, § 4.
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[Repealed or reserved.]
Repealed. Laws 2004, LB 940, § 4.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1304 Report required; Department of Water, Energy, and Environment; duties.
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The Department of Water, Energy, and Environment shall prepare a report outlining the extent of ground water quality monitoring conducted by natural resources districts during the preceding calendar year. The department shall analyze the data collected for the purpose of determin…
Neb. Rev. Stat. § 46-1305 Report required; natural resources district; duties.
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Each natural resources district shall submit electronically an annual report to the Natural Resources Committee of the Legislature detailing all water quality programs conducted by the district in the preceding calendar year. The report shall include the funds received and expend…
Neb. Rev. Stat. § 46-131 District annual assessment; how prepared.
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The assessor must, between March 1 and the third Monday in May in each year, assess all the real property in the district to the persons who own, claim, or have the possession or control thereof, at its full cash value, less the value of all improvements thereon. He shall also as…
Neb. Rev. Stat. § 46-132 Assessments; equalization; notice.
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On or before May 15 in each year the assessor must complete his assessment book and deliver it to the secretary of the board, who must immediately give notice thereof, and of the time the board of directors acting as a board of equalization will meet to equalize assessments, by p…
Neb. Rev. Stat. § 46-133 Assessments; equalization; hearings; valuation; appeal; procedure.
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Upon the day specified in the notice required by section 46-132 for the meeting of the board of directors which is hereby constituted a board of equalization for that purpose, it shall meet and continue in session from day to day, as long as may be necessary, not to exceed six da…
Neb. Rev. Stat. § 46-134 Bond and United States contract fund; assessment; schedule of increased assessments.
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The board shall then levy an assessment sufficient to raise the annual interest on the outstanding bonds, and all payments due or to become due the ensuing year to the United States under any contract between the district and the United States, accompanying which bonds of the dis…
Neb. Rev. Stat. § 46-135 General fund; assessment; records and tax lists.
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If the board deems it necessary, it may at the same time levy an assessment for the care and maintenance of irrigation works already constructed and for the payment of salaries of officers and general expenses, which assessment shall be called the general fund of ............ Irr…
Neb. Rev. Stat. § 46-136 District taxes; collection; payment; medium; fee.
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The general fund tax mentioned in section 46-135, shall be collected by the county treasurer at the same time, and in the same manner as all other taxes are collected in this state; Provided, however, such county treasurer shall receive in payment of the general fund tax, above m…
Neb. Rev. Stat. § 46-137 District taxes; disposition.
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All such taxes collected or received for the district bond and general funds, either in money, interest coupons or warrants on the general fund, by the treasurer of any county other than the one in which the district was originally organized shall be remitted by him to the treasu…
Neb. Rev. Stat. § 46-138 Failure of district board to levy taxes; county board to act.
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In case of the neglect or refusal of a board of directors of any irrigation district to cause an assessment and levy to be made as provided in sections 46-134 and 46-135, for the payment of principal and interest of outstanding bonds, and for all payments due or to become due the…
Neb. Rev. Stat. § 46-139 Warrants; issuance by district; limit; past-due obligations; special levy; unused balances; disposition.
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No irrigation district shall in any year issue warrants in excess of ninety percent of the levy for such year, except that in case of due and outstanding obligations against the district contracted prior to the year in which any levy is made, the district board shall have the pow…
Neb. Rev. Stat. § 46-140 Assessments; land belonging to state; when due; lien; preference; enforcement.
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All assessments on real property and assessments on leasehold estates on land belonging to the state shall be due and payable on January 1 next following the date of assessment thereof, and commencing on January 1 the same shall be a lien against the property assessed and shall d…
Neb. Rev. Stat. § 46-1401 Legislative findings and intent.
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The Legislature finds that accelerating the decommissioning of illegal water wells will be an asset to the State of Nebraska and good for the general welfare of the citizens of the state. The Legislature further finds that completing such decommissioning can be most appropriately…
Neb. Rev. Stat. § 46-1402 Definitions, where found.
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For purposes of sections 46-1401 and 46-1403 to 46-1405, the definitions found in sections 46-1206.01, 46-1207.01, 46-1209, 46-1212, and 46-1213 shall be used.
Neb. Rev. Stat. § 46-1403 Water Well Decommissioning Fund; created; use; investment.
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There is hereby created the Water Well Decommissioning Fund. The State Treasurer shall credit to the fund for the uses and purposes of sections 46-1401 to 46-1405 such money as is specifically appropriated and such funds, fees, donations, gifts, services, or devises or bequests o…
Neb. Rev. Stat. § 46-1404 Water Well Decommissioning Fund; allocation; rules and regulations.
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The Water Well Decommissioning Fund shall be allocated by contractual agreement with natural resources districts for the purpose of accelerating the decommissioning of illegal water wells throughout the state. The allocations each fiscal year shall be made by the Department of Wa…
Neb. Rev. Stat. § 46-1405 Natural resources district; cost-sharing program; qualification for funding.
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Any natural resources district cost-sharing program for decommissioning illegal water wells may qualify for funding pursuant to section 46-1404 if the program: (1) Applies only to water wells properly decommissioned by licensed water well contractors and pump installation contrac…
Neb. Rev. Stat. § 46-141 Assessment; payment under protest; refund.
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When any person against whose property such assessments have been made shall pay such assessment under protest as provided by the general revenue law of this state, the board of directors of any irrigation district organized under the provisions of sections 46-101 to 46-128 may p…
Neb. Rev. Stat. § 46-142 District bonds; payment by county treasurer; redemption; investment of funds.
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Upon the presentation of the coupons and bonds due at the office of the treasurer of the county in which the district was originally organized, it shall be his or her duty to pay the same from the bond funds. Whenever, after ten years from the issuance of the bonds, the sinking f…
Neb. Rev. Stat. § 46-143 District bonds; payment by district treasurer; additional bonds required.
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The board of directors may at any time elect to have the bonds and coupons of the district paid by the district treasurer instead of the county treasurer, and in that case, they shall, after passing a resolution to that effect, furnish the county treasurer with a copy of the reso…
Neb. Rev. Stat. § 46-144 Special assessment; warrants; election; notice; rate of assessment; disposition of proceeds.
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The board of directors may at any time, when in its judgment it may be advisable, call a special election and submit to the qualified electors of the district the question whether or not a special assessment shall be levied for the purpose of raising money to be applied for any o…