Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-145 Construction of works; notice; bond of contractor; bids; letting.
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After adopting a plan of such canal or canals, storage reservoirs, and works, the board of directors shall give notice, by publication thereof not less than twenty days in one newspaper published in each of the counties composing the district, provided a newspaper is published th…
Neb. Rev. Stat. § 46-146 Claims against district; warrants; interest; payment; procedure.
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No claim shall be paid by the district treasurer until the same shall have been allowed by the board of directors and only upon warrants signed by the president and countersigned by the secretary. If the district treasurer does not have sufficient money on hand to pay such warran…
Neb. Rev. Stat. § 46-147 Construction fund; deposit with county treasurer; when authorized; disbursement.
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The board may draw from time to time from the construction fund, and deposit it in the county treasury of the county where the office of the board is situated, any sum in excess of the sum of twenty-five thousand dollars. The county treasurer is hereby authorized and required to …
Neb. Rev. Stat. § 46-148 County treasurer; reports to district board; contents.
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The county treasurer shall report in writing on the second Monday in each month the amount of money in the county treasury, the amount of receipts for the month preceding, and the amount of money paid out. The report shall be verified and filed with the secretary of the board.
Neb. Rev. Stat. § 46-149 District treasurer; reports to district board; contents; warrants; register; order of payment.
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The district treasurer shall also report to the board in writing, on the first Monday of each month the amount of money in the district treasury, the amount of receipts for the month preceding and the amount of items and expenditures, and such report shall be verified and filed w…
Neb. Rev. Stat. § 46-150 Warrants; form.
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All warrants shall be drawn payable to the claimant or bearer, the same as county warrants, except as otherwise herein provided.
Neb. Rev. Stat. § 46-1501 Act, how cited.
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Sections 46-1501 to 46-1509 shall be known and may be cited as the Wellhead Protection Area Act.
Neb. Rev. Stat. § 46-1502 Terms, defined.
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For purposes of the Wellhead Protection Area Act: (1) Controlling entity means a city, a village, a natural resources district, a rural water district, any other entity, including, but not limited to, a privately owned public water supply system, or any combination thereof operat…
Neb. Rev. Stat. § 46-1503 Wellhead protection area; designation.
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Any controlling entity may designate a wellhead protection area and adopt controls pursuant to the Wellhead Protection Area Act for the purpose of protecting the public water supply system. The department shall provide technical assistance to any controlling entity designating a …
Neb. Rev. Stat. § 46-1504 Wellhead protection area designation; controlling entity; duties.
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Any controlling entity proposing to designate a wellhead protection area and adopt controls shall: (1) Designate the boundaries of the wellhead protection area following the procedure in section 46-1505. The wellhead protection area shall be based on all reasonably available hydr…
Neb. Rev. Stat. § 46-1505 Proposed wellhead protection area; public notice and comment.
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The controlling entity shall publicize proposed boundaries for the wellhead protection area and the proposed controls and shall provide time for public comment at one or more regularly scheduled public meetings of the governing board of the controlling entity. Notice of the time …
Neb. Rev. Stat. § 46-1506 Boundaries of wellhead protection area; designation; procedure.
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Within sixty days after the last time for public comment under section 46-1505, the controlling entity shall make a final designation of the boundaries of the wellhead protection area and the controls necessary to protect the water in the wellhead protection area and shall submit…
Neb. Rev. Stat. § 46-1507 Existing wellhead protection areas; effect of act.
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Any wellhead protection area established before July 15, 1998, by resolution or ordinance of the controlling entity need not be reestablished under the Wellhead Protection Area Act unless controls are proposed. If such controls are proposed, the controls and the boundaries of the…
Neb. Rev. Stat. § 46-1508 Designated wellhead protection area; boundary area changes.
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A designated wellhead protection area may be amended as to boundaries and controls as provided for in the initial designation of a wellhead protection area in the Wellhead Protection Area Act.
Neb. Rev. Stat. § 46-1509 Environmental Quality Council; rules and regulations.
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The Environmental Quality Council shall adopt and promulgate rules and regulations to carry out the Wellhead Protection Area Act.
Neb. Rev. Stat. § 46-151 Cost of construction; when payable in bonds; issuance of additional bonds; additional levy.
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The cost and expense of purchasing and acquiring property and constructing the works and improvements provided for in the Irrigation District Act shall be wholly paid out of the construction fund, or in the bonds of the irrigation district at their par value, after having first a…
Neb. Rev. Stat. § 46-152 Cost of organization, operation, and improvements; how paid; tolls; assessments; borrowing.
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For the purpose of defraying the expenses of the organization of the district, and the care, operation, management, repair and improvement of such portions of such canal and works as are completed and in use, including salaries of officers and employees, or repayment of any contr…
Neb. Rev. Stat. § 46-153 Construction across streams, highways, railroads, and ditches; right-of-way over state lands; state water and water rights.
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The board of directors shall have the power to construct such works across any stream of water, watercourse, street, avenue, highway, railway, canal, ditch or flume which the route of such canal or canals may intersect or cross, in such manner as to afford security for life and p…
Neb. Rev. Stat. § 46-154 Directors; salaries and expenses; officers, employees, attorneys, and agents; compensation.
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The board of directors shall provide a payment for each director of not to exceed seventy dollars per day for each day that a director attends meetings of the board or is engaged in matters concerning the district, but not to exceed two thousand eight hundred dollars per annum. E…
Neb. Rev. Stat. § 46-155 Director or officer; interest in contract prohibited; accepting gratuity or bribe; penalty; forfeiture of office.
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No director or any officer named in sections 46-101 to 46-1,111 shall in any manner be interested, directly or indirectly, in any contract awarded or to be awarded by the board, or in the profits to be derived therefrom, nor shall receive any bonds, gratuity or bribe. For any vio…
Neb. Rev. Stat. § 46-156 Limitation on debts and liabilities; eminent domain; procedure; contracts with United States.
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(1) The board of directors, or other officers of the district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of sections 46-101 to 46-1,111, and any debt or liability incurred in excess of su…
Neb. Rev. Stat. § 46-157 Apportionment of water; duty of water commissioners.
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In case the volume of water in any stream or river shall not be sufficient to supply the continual wants of the entire country through which it passes, and susceptible of irrigation therefrom, then it shall be the duty of the water commissioners, constituted as hereinafter provid…
Neb. Rev. Stat. § 46-158 High water; duty of board; automatic measuring devices; interchange of water.
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It shall be the duty of the board of directors to keep the water flowing through the ditches and canals under its control to the full capacity of such ditches and canals in times of high water when the same can be beneficially applied to the lands thereunder and does not interfer…
Neb. Rev. Stat. § 46-159 Prior acts not repealed; diversion of water without compensation prohibited.
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None of the provisions of sections 46-101 to 46-1,111, shall be construed as repealing or in any way modifying the provisions of any other law relating to the subject of irrigation or water commissioners. Nothing in said sections contained shall be deemed to authorize any person …
Neb. Rev. Stat. § 46-160 Irrigation district; liability for failure to deliver water; conditions; limitation.
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Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; Provided, however, such districts shall not be liable as …
Neb. Rev. Stat. § 46-1601 Act, how cited.
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Sections 46-1601 to 46-1670 shall be known and may be cited as the Safety of Dams and Reservoirs Act.
Neb. Rev. Stat. § 46-1602 Definitions, where found.
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For purposes of the Safety of Dams and Reservoirs Act, the definitions found in sections 46-1603 to 46-1634 apply.
Neb. Rev. Stat. § 46-1603 Abandonment, defined.
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Abandonment means the process of rendering a dam incapable of impounding by (1) dewatering and filling the reservoir created by such dam with solid materials and (2) creating a stable watercourse around the site.
Neb. Rev. Stat. § 46-1604 Adverse consequences, defined.
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Adverse consequences means negative impacts that may occur upstream, downstream, or at locations remote from the dam, including, but not limited to, loss of human life, economic loss including property damage, and lifeline disruption.
Neb. Rev. Stat. § 46-1605 Alterations, defined.
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Alterations means alterations to an existing dam that directly affect the safety of the dam or reservoir, as determined by the Chief Water Officer, but does not include maintenance and repair of the dam to retain its initial structural integrity.
Neb. Rev. Stat. § 46-1606 Application approval, defined.
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Application approval means authorization in writing issued by the Chief Water Officer to an owner who has applied to the Chief Water Officer for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitation…
Neb. Rev. Stat. § 46-1607 Approval to operate, defined.
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Approval to operate means authorization in writing issued by the Chief Water Officer to an owner who has completed construction, reconstruction, enlargement, or alteration of a dam.
Neb. Rev. Stat. § 46-1608 Appurtenant works, defined.
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Appurtenant works include, but are not limited to: Structures such as spillways, either in or separate from the dam; the reservoir and its rim; low-level outlet works; and water conduits including, but not limited to, tunnels, pipelines, or penstocks, either through the dam or it…
Neb. Rev. Stat. § 46-1609 Breach, defined.
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Breach means partial removal of a dam creating a channel through the dam to the natural bed elevation of the stream.
Neb. Rev. Stat. § 46-161 District boundaries; changes; inclusion of lands; petition; contents.
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The holder or holders of title or evidence of title representing one-half or more of any body of contiguous lands, adjacent to the boundary of an irrigation district and which taken together constitute one tract of land, may file with the board of directors of such district a pet…
Neb. Rev. Stat. § 46-1610 Completion certification, defined.
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Completion certification means a statement signed by the design engineer, certifying the completion of work on a dam in conformance with the approved plans and specifications.
Neb. Rev. Stat. § 46-1611 Dam, defined.
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(1) Dam means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the …
Neb. Rev. Stat. § 46-1612 Days, defined.
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Days, for purposes of establishing deadlines, means calendar days, including Sundays and holidays.
Neb. Rev. Stat. § 46-1613 Department, defined.
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Department means the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-1614 Chief Water Officer, defined.
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Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-1615 Emergency, defined.
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Emergency includes, but is not limited to, breaches and all conditions leading to or causing a breach, overtopping, or any other condition in a dam that may be construed as unsafe or threatening to life.
Neb. Rev. Stat. § 46-1616 Engineer, defined.
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Engineer means a professional engineer licensed under the Engineers and Architects Regulation Act who (1) is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated, (2) has at…
Neb. Rev. Stat. § 46-1617 Enlargement, defined.
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Enlargement means any change in or addition to an existing dam which raises or may raise the normal storage elevation of the water impounded by the dam.
Neb. Rev. Stat. § 46-1618 Hazard potential classification, defined.
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Hazard potential classification means classification of dams according to the degree of incremental adverse consequences of a failure or misoperation of a dam but does not reflect on the current condition of a dam, including, but not limited to, safety, structural integrity, or f…
Neb. Rev. Stat. § 46-1619 High hazard potential, defined.
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High hazard potential means a hazard potential classification such that failure or misoperation of the dam resulting in loss of human life is probable.
Neb. Rev. Stat. § 46-162 Inclusion of lands; notice; advance cost of proceeding, by whom paid.
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The secretary of the board of directors shall cause notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required by section 46-194 to be published. The notice shal…
Neb. Rev. Stat. § 46-1620 Incremental, defined.
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Incremental means the difference in impacts that would occur due to failure or misoperation of the dam over the impacts that would occur without failure or misoperation of the dam.
Neb. Rev. Stat. § 46-1621 Low hazard potential, defined.
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Low hazard potential means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life and in low economic loss.
Neb. Rev. Stat. § 46-1622 Maximum storage, defined.
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Maximum storage means the reservoir storage capacity between the top of dam elevation, or the maximum routed elevation of the probable maximum flood if lower than the top of dam elevation, and the lowest downstream toe or outside limit elevation of the dam.
Neb. Rev. Stat. § 46-1623 Minimal hazard potential, defined.
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Minimal hazard potential means a hazard potential classification such that failure or misoperation of the dam would likely result in no economic loss beyond the cost of the structure itself and losses principally limited to the owner's property.