Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-1624 Normal storage, defined.
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Normal storage means the reservoir storage capacity, excluding flood storage and freeboard allowances.
Neb. Rev. Stat. § 46-1625 Owner, defined.
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Owner includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam: (1) The United States Government and its departments, agencies, and bureaus; (2) The state and its departments, insti…
Neb. Rev. Stat. § 46-1626 Person, defined.
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Person means any individual, partnership, limited liability company, association, public or private corporation, trustee, receiver, assignee, agent, municipality, other political subdivision, public agency, or other legal entity or any officer or governing or managing body of any…
Neb. Rev. Stat. § 46-1627 Probable, defined.
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Probable means likely to occur and reasonably expected.
Neb. Rev. Stat. § 46-1628 Probable maximum flood, defined.
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Probable maximum flood means the most severe flood that is considered probable at a site.
Neb. Rev. Stat. § 46-1629 Reconstruction, defined.
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Reconstruction means partial or complete removal and replacement of an existing dam.
Neb. Rev. Stat. § 46-163 Inclusion of lands; hearing; assent of parties; when implied.
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The board of directors, at the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned shall proceed to hear the petition, and all the objections thereto, presented in writing by any person, showing cause as afo…
Neb. Rev. Stat. § 46-1630 Removal, defined.
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Removal means complete elimination of the dam embankment or structure to restore the approximate original topographic contours of the site.
Neb. Rev. Stat. § 46-1631 Reservoir, defined.
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Reservoir means any basin which contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of such water, wastewater, or liquid-borne materials having been impounded by a dam.
Neb. Rev. Stat. § 46-1632 Significant hazard potential, defined.
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Significant hazard potential means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life but could result in major economic loss, environmental damage, or disruption of lifeline facilities.
Neb. Rev. Stat. § 46-1633 Storage elevation, defined.
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Storage elevation means the elevation of the reservoir surface associated with a level of impoundment, such as maximum storage or normal storage.
Neb. Rev. Stat. § 46-1634 Top of dam elevation, defined.
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Top of dam elevation means the maximum design elevation for the top of the dam, including design freeboard allowances but excluding any allowance for settlement due to consolidation of foundation and embankment.
Neb. Rev. Stat. § 46-1635 Purposes of act.
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The purposes of the Safety of Dams and Reservoirs Act are to regulate all dams and associated reservoirs for the protection of public health, safety, and welfare and to minimize the adverse consequences associated with the potential failure of such dams and reservoirs.
Neb. Rev. Stat. § 46-1636 Applicability of other law.
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The Safety of Dams and Reservoirs Act does not relieve the owner or operator of a dam or reservoir from obtaining any necessary approvals from the Chief Water Officer under sections 46-233 to 46-241 or from any other local, state, or federal regulatory authority.
Neb. Rev. Stat. § 46-1637 Regulation by political subdivisions; restrictions; conditions.
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(1) Except as provided in subsections (2) and (4) of this section, no city, village, or county may, by ordinance or resolution enacted by the legislative body thereof or adopted by the people, (a) regulate, supervise, or provide for the regulation or supervision of any dams and a…
Neb. Rev. Stat. § 46-1638 Plans and specifications; responsibility of engineer.
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All plans and specifications for construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams and supervision of construction shall be the responsibility of an engineer assisted by qualified engineering geologists and other specialists as necessa…
Neb. Rev. Stat. § 46-1639 Immunity from liability; when.
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(1) No action shall be brought against the state, the Chief Water Officer, the department, or its agents or employees for the recovery of damages caused by the partial or total failure of any dam by reason of control and regulation thereof pursuant to the Safety of Dams and Reser…
Neb. Rev. Stat. § 46-164 Inclusion of lands; payment of share of original cost to new district; when required.
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The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated, the several amounts to be determin…
Neb. Rev. Stat. § 46-1640 Orders and approval; effect.
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The findings and orders of the Chief Water Officer, an application approval, and an approval to operate any dam issued by the Chief Water Officer are final, conclusive, and binding upon all owners and state agencies, regulatory or otherwise, as to the safety of design, constructi…
Neb. Rev. Stat. § 46-1641 Change of ownership; notification.
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The owner of any dam subject to the Safety of Dams and Reservoirs Act shall notify the Chief Water Officer of any change in the ownership of the dam. Notification shall be in such form and include such evidence of ownership as the Chief Water Officer may by rule and regulation re…
Neb. Rev. Stat. § 46-1642 Livestock waste control facility; approvals required.
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An applicant for a permit for a livestock waste control facility which includes a dam, holding pond, or lagoon for which approval by the Chief Water Officer is not otherwise required but for which approval under section 54-2429 is required shall submit an application for approval…
Neb. Rev. Stat. § 46-1643 Administrative or judicial recourse; not affected.
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The Safety of Dams and Reservoirs Act does not deprive the owner of any administrative or judicial recourse to the courts to which such owner is entitled under the laws of this state.
Neb. Rev. Stat. § 46-1644 Department; employ personnel.
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The department shall employ an engineer and such individuals otherwise qualified by training and experience in the design, inspection, construction, reconstruction, enlargement, repair, alteration, maintenance, operation, breach, removal, or abandonment of dams as necessary to ca…
Neb. Rev. Stat. § 46-1645 Consulting board required; when; liability for costs.
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When the safety and technical considerations pertaining to an application approval, an approval to operate, or the plans and specifications of a dam require it, or when requested in writing by the owner, the Chief Water Officer shall appoint a consulting board of three or more co…
Neb. Rev. Stat. § 46-1646 Dams; review and approval required; when.
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(1) The Chief Water Officer shall review and approve the design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of all dams in the state for the protection of life and property as provided in the Safety of Dams and Reservoirs Act. (2) No pe…
Neb. Rev. Stat. § 46-1647 Potentially hazardous dams; emergency action plans.
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(1) In order to protect life and property, the owner of every high hazard potential dam shall develop and periodically test and update an emergency action plan to be implemented in the event of an emergency involving such dam. In order to protect life and property, the Chief Wate…
Neb. Rev. Stat. § 46-1648 Right of entry upon private property; when; immunity.
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In making any investigation or inspection necessary to enforce or implement the Safety of Dams and Reservoirs Act, the Chief Water Officer or the Chief Water Officer's representatives, upon reasonable notice, may enter upon private property of the dam and reservoir owner as neces…
Neb. Rev. Stat. § 46-1649 Chief Water Officer; investigations and studies.
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(1) The Chief Water Officer may investigate and gather or cause the owner to gather such data, including advances made in safety practices elsewhere, as may be needed for a proper review and study of the various features of the design, construction, reconstruction, enlargement, a…
Neb. Rev. Stat. § 46-165 Inclusion of lands; action of board; order; contents.
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The board of directors, if it deems it is not for the best interest of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. If it deems it is for the best interest of the dist…
Neb. Rev. Stat. § 46-1650 Chief Water Officer; enforcement; powers.
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(1) The Chief Water Officer may take any administrative or legal action necessary for the enforcement of the Safety of Dams and Reservoirs Act. (2) An action or proceeding under this section may be initiated whenever any owner or any person acting as an agent of any owner: (a) Fa…
Neb. Rev. Stat. § 46-1651 Rules and regulations.
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(1) The Chief Water Officer may adopt and promulgate rules and regulations containing standards for the design, inspection, construction, reconstruction, enlargement, alteration, breach, removal, abandonment, and periodic testing of emergency action plans of dams to carry out the…
Neb. Rev. Stat. § 46-1652 Construction or enlargement of dam; application for approval; contents.
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(1) Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the Chief Water Officer written application approval of plans and specifications. (2) A separate application for each dam shall be filed with the Chi…
Neb. Rev. Stat. § 46-1653 Modifications to existing dam; application for approval; contents; exemption.
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(1) Before commencing the reconstruction or alteration of a dam or the abandonment, breach, or removal of a dam so that it no longer constitutes a dam, the owner shall file an application and secure the written application approval of the Chief Water Officer. (2) The application …
Neb. Rev. Stat. § 46-1654 Application approval; issuance; public hearing; notice to Chief Water Officer; when.
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(1) Approval of applications for which approval under sections 46-233 to 46-242 is not required shall be issued within ninety days after receipt of the completed application plus any extensions of time required to resolve matters diligently pursued by the applicant. At the discre…
Neb. Rev. Stat. § 46-1655 Fees.
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(1) The application for approval of construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of a dam shall be accompanied by a filing fee as established by rule and regulation of the Chief Water Officer but not to exceed (a) two hundred dollars for …
Neb. Rev. Stat. § 46-1656 Dam Safety Cash Fund; created; use; investment.
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The Dam Safety Cash Fund is created. The fund shall consist of fees credited pursuant to section 46-1655 and any money specifically appropriated to the fund by the Legislature. Money in the fund shall not be subject to any fiscal-year limitation or provision for lapse of unexpend…
Neb. Rev. Stat. § 46-1657 New or modified dam; owner; filing requirements; approval to operate; issuance.
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(1) Upon completion of a new or reconstructed dam and reservoir or of the enlargement of a dam and reservoir, the owner shall file with the Chief Water Officer, without a filing fee, a completion certification accompanied by supplementary drawings or descriptive matter signed and…
Neb. Rev. Stat. § 46-1658 Alteration of dam; owner; filing requirements; approval to operate; issuance.
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(1) Upon completion of the alteration of any dam, the owner shall file with the Chief Water Officer a completion certification accompanied by supplementary drawings or descriptive matter, as determined by the Chief Water Officer, signed and sealed by the design engineer, showing …
Neb. Rev. Stat. § 46-1659 Removal, breach, or abandonment of dam; design engineer; duties; Chief Water Officer; powers.
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(1) Upon completion of the removal, breach, or abandonment of a dam, the design engineer shall file with the Chief Water Officer a completion certification. (2) Before final approval of the removal of a dam is issued, the Chief Water Officer may inspect the site of the work and d…
Neb. Rev. Stat. § 46-166 Inclusion of lands; objection made; action of board.
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If any person interested in the district, or the proposed change of its boundaries shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deems it for the best interest of the district that the bound…
Neb. Rev. Stat. § 46-1660 Approval to operate; Chief Water Officer; powers; hearing; notice.
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(1) Each approval to operate issued by the Chief Water Officer under the Safety of Dams and Reservoirs Act shall contain such terms and conditions as the Chief Water Officer may prescribe. (2) The Chief Water Officer shall revoke, suspend, or amend any approval to operate wheneve…
Neb. Rev. Stat. § 46-1661 Complaint; Chief Water Officer; duties; unsafe condition; modification.
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(1) Upon receipt of a written complaint alleging that the person or property of the complainant is endangered by the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the Chief Water Officer shall cause an inspection and investigat…
Neb. Rev. Stat. § 46-1662 Periodic inspections; when; Chief Water Officer; powers and duties.
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(1) During the construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam, the Chief Water Officer may make periodic inspections for the purpose of ascertaining compliance with the approved plans and specifications. The Chief Water Officer s…
Neb. Rev. Stat. § 46-1663 Record-keeping requirements; maintenance, operation, and inspection; Chief Water Officer; powers.
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(1) The Chief Water Officer shall require owners to keep original records and any modifications to construction available and in good order. (2) The Chief Water Officer may: (a) Adopt such rules and regulations and issue such orders as necessary to secure adequate maintenance, op…
Neb. Rev. Stat. § 46-1664 Safety inspections; when; Chief Water Officer; powers and duties.
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(1) The Chief Water Officer shall inspect dams for the purpose of determining their safety. The normal inspection frequency shall be annually for high hazard potential dams, biennially for significant hazard potential dams, and every five years for low hazard potential dams and e…
Neb. Rev. Stat. § 46-1665 Emergency actions involving a dam; owner; duties; Chief Water Officer; duties.
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(1) The owner of a dam has the primary responsibility for determining when an emergency exists. When the owner of a dam determines that an emergency exists involving a dam, the owner shall immediately implement the emergency action plan as required pursuant to section 46-1647. Th…
Neb. Rev. Stat. § 46-1666 Violations; penalties.
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(1) Violation of the Safety of Dams and Reservoirs Act or of any application approval, approval to operate, order, rule, regulation, or requirement of the Chief Water Officer under the act is a Class V misdemeanor. Each day that the violation continues constitutes a separate and …
Neb. Rev. Stat. § 46-1667 Notice of violation; orders; procedure.
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(1) If the Chief Water Officer has reason to believe that an owner or other person is violating or has violated the Safety of Dams and Reservoirs Act, an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the Chief Water Officer issu…
Neb. Rev. Stat. § 46-1668 Violations; civil penalty.
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(1) Any person who violates the Safety of Dams and Reservoirs Act or an application approval, an approval to operate, a rule, a regulation, an order, or a requirement of the Chief Water Officer under the act may be assessed a civil penalty in an amount not to exceed five hundred …
Neb. Rev. Stat. § 46-1669 Appeal.
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Any affected person aggrieved by any final order or decision made by the Chief Water Officer pursuant to the Safety of Dams and Reservoirs Act may appeal the order as provided in section 61-207. For purposes of this section, affected person means the applicant or holder of any ap…