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732 sections in this chapter.
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…
Neb. Rev. Stat. § 46-2,100 Fee or assessment; limitation.
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No fee or assessment may be levied pursuant to section 46-299 for withdrawals from wells with a capacity of less than one hundred gallons per minute which are solely for domestic purposes as defined in section 46-613.
Neb. Rev. Stat. § 46-2,101 Fee or assessment; application for approval; contents; fee schedule.
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(1) Any person intending to levy fees or assessments in accordance with section 46-299 or to modify such fees or assessments shall, prior to levying such fees, assessments, modified fees, or modified assessments, file with the Chief Water Officer an application for approval of au…
Neb. Rev. Stat. § 46-2,102 Fee or assessment; lien.
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A fee or assessment levied pursuant to section 46-299 shall become a lien on the property benefited, or to be benefited, thirty days after the due date of such fee or assessment. The person levying the fee or assessment may collect such fee or assessment if it remains unpaid afte…
Neb. Rev. Stat. § 46-2,103 Injunction; when issued.
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Any person who has obtained approval of fees or assessments pursuant to section 46-2,101, may commence an action to enjoin any person from withdrawing or otherwise using the stored water if the person has not entered into an agreement to pay fees or assessments for such stored wa…
Neb. Rev. Stat. § 46-2,104 Chief Water Officer's order; not subject to collateral attack.
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If an action is commenced pursuant to section 46-2,102 or 46-2,103, an order of the Chief Water Officer identifying water stored or to be stored underground, or approving fees or assessments, may not be collaterally attacked.
Neb. Rev. Stat. § 46-2,105 Appeal.
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Any person aggrieved by a decision made or an order issued by the Chief Water Officer pursuant to section 46-226.02, 46-233, 46-240, 46-241, 46-242, 46-297, or 46-2,101 may appeal as provided in section 61-207.
Neb. Rev. Stat. § 46-2,106 Use of underground stored water; authorized.
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Any person may use water stored incidentally or intentionally underground for which the appropriate permits have not been obtained or for which approval of fees has not been obtained pursuant to section 46-2,101.
Neb. Rev. Stat. § 46-2,107 Legislative findings.
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The Legislature finds that the maintenance, conservation, management, storage, and timely release of the waters of the natural streams within the State of Nebraska are in the public interest and are practices essential to the well-being of present and future generations. In furth…
Neb. Rev. Stat. § 46-2,108 Appropriation of water for instream flows; terms, defined.
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(1) For purposes of sections 46-2,107 to 46-2,119, unless the context otherwise requires: (a) Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment; (b) Department means the Department of Water, Energy, and Environment; and (c) Inst…
Neb. Rev. Stat. § 46-2,109 Streams with need for instream flows; identification; study.
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Each natural resources district and the Game and Parks Commission shall conduct studies to identify specific stream segments which the district or commission considers to have a critical need for instream flows. Such studies shall quantify the instream flow needs in the identifie…
Neb. Rev. Stat. § 46-2,110 Permit to appropriate water for instream flows; application; requirements.
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Following notice and a public hearing, any natural resources district or the Game and Parks Commission may file with the Chief Water Officer an application for a permit to appropriate water for instream flows in each stream segment identified pursuant to section 46-2,109. The app…
Neb. Rev. Stat. § 46-2,111 Permit to appropriate water for instream flows; Chief Water Officer; powers and duties.
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(1) The Legislature finds that instream appropriations for recreation, fish, and wildlife should consider preferences among different uses and that all appropriations should consider the possible legal relationship between surface water and ground water. (2) The Chief Water Offic…
Neb. Rev. Stat. § 46-2,112 Permit to appropriate water for instream flows; hearing; when; notice; Chief Water Officer; powers.
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A permit to appropriate water for instream flows shall be subject to review every fifteen years after it is granted. Notice of a pending review shall be published in a newspaper published or of general circulation in the area involved at least once each week for three consecutive…
Neb. Rev. Stat. § 46-2,113 Chief Water Officer; modify appropriation or application; when.
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It is in the state's and the public interest that the filing of the following classes of applications before the Chief Water Officer demand that the Chief Water Officer shall appropriately modify any existing or pending instream appropriation or application to not interfere with …
Neb. Rev. Stat. § 46-2,114 Proposed instream appropriation; additional studies; notice of application.
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Prior to taking action on an application for an instream appropriation, the Chief Water Officer shall conduct any studies he or she deems necessary to evaluate the application and shall publish notice of such application at the applicant's expense at least once a week for three c…
Neb. Rev. Stat. § 46-2,115 Application for instream appropriation; approval; when.
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An application for an instream appropriation shall be approved by the Chief Water Officer if he or she finds that: (1) In order to allow for future beneficial uses, there is unappropriated water available to provide the approved instream flow rate at least twenty percent of the t…
Neb. Rev. Stat. § 46-2,116 Application for instream appropriation; public interest determination; factors.
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In determining whether an application for an instream appropriation is in the public interest, the Chief Water Officer shall consider the following factors: (1) The economic, social, and environmental value of the instream use or uses including, but not limited to, recreation, fi…
Neb. Rev. Stat. § 46-2,116.01 Application for instream appropriation; use of stored water; study.
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If the Chief Water Officer determines that there is insufficient unappropriated natural flow available for an application for an instream appropriation and if the applicant consents, the Chief Water Officer may conduct a study to determine whether the instream flow needs can be m…
Neb. Rev. Stat. § 46-2,116.02 Instream appropriation; use of stored water; funding.
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If the Chief Water Officer determines that instream flow needs can be met through the use of stored water in new storage facilities after a study conducted under section 46-2,116.01, the applicant may request financial assistance for the construction of necessary storage faciliti…
Neb. Rev. Stat. § 46-2,117 Contested case hearing; mediation or nonbinding arbitration required; when; costs.
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The Chief Water Officer shall not conduct a contested case hearing on an instream appropriation application filed after January 1, 1997, other than a hearing to address procedural matters, until such time as the parties have completed mediation or nonbinding arbitration. Mediatio…