Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-167 Inclusion of lands; objection made; election required; notice; assent of Secretary of the Interior; when required.
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Upon the adoption of the resolution mentioned in section 46-166, the board shall order that an election be held within the district to determine whether the boundaries of the district shall be changed as mentioned in the resolution, and shall fix the time at which such election s…
Neb. Rev. Stat. § 46-1670 Existing unapproved dams; requirements.
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(1) Every owner of a dam subject to the Safety of Dams and Reservoirs Act that was completed prior to September 4, 2005, and not previously approved when approval was otherwise required shall file an application with the Chief Water Officer for approval of such dam. (2) A separat…
Neb. Rev. Stat. § 46-168 Inclusion of lands; result of vote; duty of board.
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If at such election a majority of all the votes cast at the election shall be against such change of the boundaries of the district, the board shall order that the petition be denied, and shall proceed no further in that matter. If a majority of such votes be in favor of such cha…
Neb. Rev. Stat. § 46-169 Changed boundaries; copy of order filed in recorder's office; effect.
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Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of …
Neb. Rev. Stat. § 46-170 Changed boundaries; record; certified copy as evidence.
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Upon the filing of the copies of the order, as mentioned in section 46-169, the secretary shall record in the minutes of the board the petition aforesaid; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.
Neb. Rev. Stat. § 46-1701 Water augmentation project for streamflow enhancement; joint entity or natural resources district; voluntary payments in lieu of taxes; duties; notice; hearing; annual report; contents.
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(1) Any joint entity created pursuant to the Interlocal Cooperation Act or natural resources district that acquires title to private lands for the purpose of developing and operating a water augmentation project for streamflow enhancement, as authorized by section 46-715, may agr…
Neb. Rev. Stat. § 46-171 Inclusion of lands; guardians, executors, and administrators; when authorized to sign petitions.
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A guardian, executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward o…
Neb. Rev. Stat. § 46-172 Inclusion of new land in district; redivision required; election precincts.
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In case of the inclusion of any land within any district by proceedings under section 46-161 the board of directors must, at least thirty days prior to the next succeeding general election, make an order redividing such district into three divisions, as nearly equal in size as ma…
Neb. Rev. Stat. § 46-173 District boundaries; changes; exclusion of lands; effect.
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The boundaries of any irrigation district organized under the provisions of sections 46-101 to 46-128 may be changed and tracts of land included within the boundaries of such district, at or after its organization under the provisions of said sections, may be excluded therefrom i…
Neb. Rev. Stat. § 46-174 Exclusion of lands; petition; form; contents.
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The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may file with the board of directors of the district a petition praying that such tracts and any other tracts contiguous thereto may be excluded and taken from the distri…
Neb. Rev. Stat. § 46-175 Exclusion of lands; notice; form; contents.
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The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded…
Neb. Rev. Stat. § 46-176 Exclusion of lands; hearing; assent of parties; when implied; nonirrigable lands.
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The board of directors, at the time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by the persons, showing cause as aforesaid, why the prayer of such petition should not be grant…
Neb. Rev. Stat. § 46-177 Exclusion of lands; action of board.
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The board of directors, if it deems it not for the best interest of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied; but if it deems it for the best interest of the distr…
Neb. Rev. Stat. § 46-178 Exclusion of lands; assent of bondholders and Secretary of the Interior required, when; order of exclusion.
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If there are outstanding bonds of the district or if the district shall have entered into a contract with the United States, as provided in section 46-126 or 46-156, then the board may adopt a resolution to the effect that the board deems it to the best interests of the district …
Neb. Rev. Stat. § 46-179 Exclusion of lands; objection made; action of board; election required; notice; procedure.
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If the assent of the holders of the bonds is filed and entered of record as provided in section 46-178, and if there are objections presented by any person showing cause which have not been withdrawn, then the board of directors may order an election to be held in the irrigation …
Neb. Rev. Stat. § 46-180 Exclusion of lands; result of vote; order of board.
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If at such election a majority of all votes cast shall be against the exclusion of the lands from the district, the board shall deny and dismiss the petition and proceed no further in the matter, but if a majority of such votes shall be in favor of the exclusion of the lands from…
Neb. Rev. Stat. § 46-181 Exclusion of lands; copy of order filed with recorder; effect.
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Upon the entry in the minutes of the board of any of the orders hereinbefore mentioned, a copy thereof certified by the president and secretary of the board shall be filed for record in the recorder's office of each county within which are situated any of the lands of the distric…
Neb. Rev. Stat. § 46-182 Order of exclusion; vacancy in office of director; when created; how filled.
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If the land excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board excluding the lands, an…
Neb. Rev. Stat. § 46-183 Exclusion of lands; redivision required; election precincts.
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At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three divisions as nearly equal in size as practicable, which shall be numbered first, second and third, and one director shall b…
Neb. Rev. Stat. § 46-184 Exclusion of lands; assessments; refund; when allowed; procedure.
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In case of the exclusion of any lands under the provisions of sections 46-173 to 46-183, there shall be refunded to any and all persons who have paid any assessment or assessments to such district, or any land so excluded, any sum or sums so paid. Such payments shall be made in t…
Neb. Rev. Stat. § 46-185 Discontinuance of district; petition; special election; notice; procedure.
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Whenever a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the electors of such irrigation district a pr…
Neb. Rev. Stat. § 46-186 Discontinuance of district; result of election; resubmission; sale of property; appointment of appraisers; notice of sale.
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If a majority of the votes shall be For discontinuance ...... No, there shall not be another election upon the question of a discontinuance of the district during the year in which such election was held. If a majority of the votes are For discontinuance ...... Yes, then the boar…
Neb. Rev. Stat. § 46-187 Discontinuance of district; sale of property; opening of bids; sale by private negotiation.
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At the time designated in such notice, or as soon thereafter as such board can meet, it shall open and consider all bids received for the purchase of the property and it shall have the power to reject any and all bids for such property which are not in the judgment of the board a…
Neb. Rev. Stat. § 46-188 Discontinuance of district; sale of property; deferred payments lien on property sold; additional security.
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Such deferred payments shall be a lien upon all of the property thus sold by the board which shall have the same force and effect as a mortgage against such property and may, when due, be foreclosed in the same manner provided by law for the foreclosure of mortgages. In addition …
Neb. Rev. Stat. § 46-189 Discontinuance of district; sale of property; action to collect purchase price; in whose name brought.
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All suits at law or equity brought for the purpose of collecting such evidences of indebtedness, shall be brought in the name of such district by counsel employed by the district board; and in case the board shall be disorganized, such employment shall be by the board of such cou…
Neb. Rev. Stat. § 46-190 Discontinuance of district; assets of district used to pay debts; procedure; unused funds; distribution.
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After a sale of the property and franchises of the district, the board of directors shall, with the amount realized from such sale, together with such other funds as such district may have, make settlement, payment, and redemption, if possible, of all outstanding bonded and other…
Neb. Rev. Stat. § 46-191 Discontinuance of district; obligations incurred after April 8, 1903; subject to redemption upon discontinuance.
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In all cases where bonds and other obligations of irrigation districts were issued after April 8, 1903, such bonds and obligations shall become subject to redemption by the board of directors of any irrigation district, as soon as the property and franchise of such district shall…
Neb. Rev. Stat. § 46-192 Discontinuance of district; final report by board; property rights; disposition; claims barred after one year.
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After all the property of the district is disposed of as provided in sections 46-186 to 46-188, except for any balance of funds remaining after all of the obligations of such district have been paid, the directors of such district shall file in the office of the county clerk of e…
Neb. Rev. Stat. § 46-193 Plan of operation; construction work; survey and estimate; report by Chief Water Officer.
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As soon as practicable after the organization of any such district, the board of directors shall, by a resolution entered on its record, formulate a general plan of its proposed operation in which it shall state (1) what constructed works or other property it proposes to purchase…
Neb. Rev. Stat. § 46-194 Plan of operation; construction work; bonds; issuance; special election; notice; procedure.
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Upon receiving the report, the board of directors shall proceed to determine the amount of money necessary to be raised, and shall immediately thereupon call a special election, at which shall be submitted to the electors of such district possessing the qualifications prescribed …
Neb. Rev. Stat. § 46-195 Bonds; schedule of maturity.
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If a majority of the votes cast are in favor of issuing such bonds, the board of directors shall immediately cause bonds in such amount to be issued. The bonds shall be payable in lawful money of the United States, as follows: At the expiration of eleven years not less than five …
Neb. Rev. Stat. § 46-196 Bonds; interest; dates and place of payment.
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Such bonds shall bear interest payable semiannually on the first day of January and July of each year. The principal and interest shall be payable at the office of the treasurer of the county in which the district originally organized.
Neb. Rev. Stat. § 46-197 Bonds; form; contents.
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The bonds shall be each of the denomination of not less than one hundred dollars or more than five hundred dollars, negotiable in form, executed in the name of the district, and signed by the president and secretary, and the seal of the district shall be affixed thereto. They sha…
Neb. Rev. Stat. § 46-198 Bonds; record; interest on coupons; special election; procedures.
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The secretary shall keep a record of the bonds sold, their number, date of sale, the prices received, and the name of the purchaser. Such district, by a majority vote, may provide and authorize the payment of interest on any or all due and unpaid interest coupons attached to vali…
Repealed. Laws 2025, LB317, § 470.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-2 Fee or assessment; limitation.
Neb. Rev. Stat. § 46-201 Water for irrigation; declared natural want.
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Water for the purposes of irrigation in the State of Nebraska is hereby declared to be a natural want.
Neb. Rev. Stat. § 46-202 Natural streams; unappropriated water; dedication to public use; appropriated water; further appropriation.
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(1) The water of every natural stream not heretofore appropriated within the State of Nebraska, including the Missouri River, is hereby declared to be the property of the public and is dedicated to the use of the people of the state, subject to appropriation. (2) The water of eve…
Repealed. Laws 1965, c. 271, § 3.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-203 First appropriators; declared first in right.
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As between appropriators, the one first in time is first in right.
Neb. Rev. Stat. § 46-204 Natural streams; priority of appropriations; first in time, first in right; preference from nature of use.
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The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority of appropriation shall give the better right as between those using the water for the same purposes, but…
Neb. Rev. Stat. § 46-205 First appropriators; date of priority.
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The priority of an appropriation shall date from the filing of the application with the Chief Water Officer of the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-206 Appropriation; water to be returned to stream.
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The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exceeds in width one hundred feet, in which event not more than seven…
Neb. Rev. Stat. § 46-207 Appropriation; no land to be crossed by more than one ditch.
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No tract of land shall be crossed by more than one ditch, canal or lateral without the written consent and agreement of the owners thereof, if the first ditch, canal or lateral can be made to answer the purpose for which the second is desired or intended.
Transferred to section 61-205.
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[Repealed or reserved.]
Transferred to section 61-206.
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[Repealed or reserved.]
Transferred to section 61-207.
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[Repealed or reserved.]
Repealed. Laws 1984, LB 897, § 5.
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[Repealed or reserved.]
Transferred to section 61-208.
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[Repealed or reserved.]
Transferred to section 61-209.
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[Repealed or reserved.]