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732 sections in this chapter.
Neb. Rev. Stat. § 46-2,118 Instream appropriation; limited to defined stream segment.
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(1) All water used to provide instream flows shall be applied only to that segment of the stream for which the appropriation is granted. The stream segment and the determination of a reasonable and necessary amount of water required for instream flow purposes shall be defined spe…
Neb. Rev. Stat. § 46-2,119 Instream appropriations; manner of administration.
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Instream appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Reservoirs shall not be required by the Chief Water Officer to release, for the benefit of an instream appropriation, water previously impounded in a…
Neb. Rev. Stat. § 46-2,120 District or company; notice to landowner; when required; terms, defined.
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(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company using the procedure described in sections 46-2,121 to 46-2,129 and which is exempt from the Open Meetings Act shall provide notice …
Neb. Rev. Stat. § 46-2,121 District or company; hold appropriation; sections; how construed.
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Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company shall hold all water appropriations filed in the district's or company's name for the benefit of the owners of land to which the water …
Neb. Rev. Stat. § 46-2,122 District or company; application for transfer and map; filing requirements; approval; conditions.
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(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company may file an application for transfer and a map with the Chief Water Officer identifying all tracts of lands that have received wate…
Neb. Rev. Stat. § 46-2,123 Hearing on application and map.
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The Chief Water Officer may hold a hearing on the application for transfer and map under section 46-2,122 if the Chief Water Officer determines that a hearing is necessary to determine whether the application for transfer and map are in compliance with such section. The Chief Wat…
Neb. Rev. Stat. § 46-2,124 District or company; notice prior to meeting; requirements.
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Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company intending to file an application for transfer and a map with the Chief Water Officer under section 46-2,122 shall give notice prior to …
Neb. Rev. Stat. § 46-2,125 Order granting application and map; contents; appeal.
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After an investigation and hearing, if applicable, the Chief Water Officer shall issue an order granting or denying the application for transfer and map under section 46-2,122. The Chief Water Officer shall deny the application if the conditions in subsection (2) of such section …
Neb. Rev. Stat. § 46-2,126 Priority date.
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Any water appropriation transferred to a tract of land under sections 46-2,122 to 46-2,125 shall retain the original priority date for the water appropriation.
Neb. Rev. Stat. § 46-2,127 District or company; transfer of appropriation for agricultural purposes; when.
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After obtaining approval of an application for transfer and map pursuant to sections 46-2,122 to 46-2,126, the board of directors of any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company ma…
Neb. Rev. Stat. § 46-2,128 District or company; transfer of appropriation for agricultural purposes; published notice; contents.
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Commencing at least six weeks but not more than twelve weeks before transferring any water appropriations under section 46-2,127, the district or company shall cause notice of the proposed transfer to be published at least once a week for three consecutive weeks in at least one n…
Neb. Rev. Stat. § 46-2,129 District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.
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(1) The board of directors of the district or company, or the board's designee, may hold a hearing on a proposed transfer under section 46-2,127 and shall hold a hearing if requested by any owner of land within the district or served by the canal company. Notice of a hearing unde…
Neb. Rev. Stat. § 46-2,130 Sections; how construed.
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Nothing in sections 46-2,120 to 46-2,129 shall be construed to limit or restrict the powers of the Chief Water Officer with respect to adjudication of water rights.
Neb. Rev. Stat. § 46-2,139 Storm Water Management Plan Program; created; assistance to cities and counties; grants; Department of Water, Energy, and Environment; duties.
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The Storm Water Management Plan Program is created. The purpose of the program is to facilitate and fund the duties of cities and counties under the federal Clean Water Act, 33 U.S.C. 1251 et seq., as such act existed on January 1, 2006, regarding storm water runoff under the Nat…
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…
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.
Neb. Rev. Stat. § 46-226 Determination of priority and amount of appropriation; duty of Chief Water Officer; certain court orders; powers of Chief Water Officer.
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(1) The Chief Water Officer shall make proper arrangements for the determination of priorities of right to use the public waters of the state and determine the same. The method of determining the priority and amount of appropriation shall be fixed by the Chief Water Officer. (2)(…
Neb. Rev. Stat. § 46-226.01 Application for recognition of incidental underground water storage; procedure.
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Any person having an approved perfected appropriation may file with the Chief Water Officer an application for recognition of incidental underground water storage associated with such appropriation on a form prescribed and furnished by the Chief Water Officer without cost. Upon r…
Neb. Rev. Stat. § 46-226.02 Application; Chief Water Officer; approval; conditions.
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(1) The Chief Water Officer may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions: (a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the app…
Neb. Rev. Stat. § 46-226.03 Terms, defined.
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For purposes of sections 46-226 to 46-243: (1) Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment; (2) Department means the Department of Water, Energy, and Environment; (3) Incidental underground water storage has the same meani…
Neb. Rev. Stat. § 46-227 Water in streams; measurement; duty of Chief Water Officer.
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The Chief Water Officer shall measure or cause to be measured the quantity of water flowing in the several streams of the state, shall make a record thereof in the office of the department, and shall from time to time make such additional measurements as may be necessary, in cons…
Neb. Rev. Stat. § 46-228 Flowing water; standards of measurement.
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The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of distributing it therefrom when appropriations have been made for direct flow, shall be one cubic foot per second of time. The standard of measurement of…
Neb. Rev. Stat. § 46-229 Appropriations; beneficial or useful purpose required; termination; procedure.
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All appropriations for water must be for a beneficial or useful purpose and, except as provided in sections 46-290 to 46-294 and 46-2,122 to 46-2,125, when the owner of an appropriation or his or her successor in interest ceases to use it for such purpose for more than five conse…
Neb. Rev. Stat. § 46-229.01 Chief Water Officer; examine condition of ditches.
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The Chief Water Officer shall, as often as necessary, examine into the condition of all ditches constructed or partially constructed within the state and shall compile information concerning the condition of every water appropriation and all ditches and canals and other works con…
Neb. Rev. Stat. § 46-229.02 Appropriations; preliminary determination of nonuse; notice; order of cancellation; procedure.
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(1) If, based upon the results of a field investigation or upon information, however obtained, the Chief Water Officer makes preliminary determinations (a) that an appropriation has not been used, in whole or in part, for a beneficial or useful purpose or having been so used at o…
Neb. Rev. Stat. § 46-229.03 Appropriations; preliminary determination of nonuse; notice; contents; service.
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(1) The notice provided by the Chief Water Officer in accordance with subsection (1) or (5) of section 46-229.02 shall contain: (a) A description of the appropriation; (b) the number assigned to the appropriation by the Department of Natural Resources as it existed prior to July …
Neb. Rev. Stat. § 46-229.04 Appropriations; hearing; decision; nonuse; considerations; consolidation of proceedings; when.
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(1) At a hearing held pursuant to section 46-229.03, the verified field investigation report of an employee of the department, or such other report or information that is relied upon by the Chief Water Officer to reach the preliminary determination of nonuse, shall be prima facie…
Neb. Rev. Stat. § 46-229.05 Adjudication of water rights; appeal.
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An appeal may be taken from the decision of the Chief Water Officer upon such hearing as provided by section 61-207.
Neb. Rev. Stat. § 46-229.06 Appropriations; partial cancellation; rate of diversion; determination.
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When a proceeding that is conducted pursuant to sections 46-229 to 46-229.04 concerns the partial cancellation of an appropriation, the Chief Water Officer may receive evidence on the question of whether, following such partial cancellation, a reduction in the rate of diversion t…
Neb. Rev. Stat. § 46-230 Adjudication of water rights; record; duty of appropriation owner to furnish information; notice.
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(1) As the adjudication of a stream progresses and as each claim is finally adjudicated, the Chief Water Officer shall make and cause to be entered of record an order determining and establishing the priorities of right to use the water of such stream, the amount of the appropria…
Neb. Rev. Stat. § 46-231 Amount and priority of appropriation; determination; limitation of amount; storage water.
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Each appropriation shall be determined in its priority and amount by the time at which it is made and the amount of water which the works are constructed to carry. An appropriator shall at no time be entitled to the use of more than he or she can beneficially use for the purposes…
Neb. Rev. Stat. § 46-233 Application to appropriate water; time of making; contents; procedure; priority date; notice; hearing; temporary permit; emergency use.
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(1) The United States and every person intending to appropriate any of the public waters of the State of Nebraska shall, before (a) commencing the construction, enlargement, or extension of any works for such purpose, (b) performing any work in connection with such construction, …
Neb. Rev. Stat. § 46-233.01 Permit to appropriate water for use in another state; application; considerations; determination.
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(1) Application may be made to the Chief Water Officer for a permit to appropriate any of the public surface waters of the State of Nebraska to be diverted or stored in Nebraska for use in any other state. (2) In determining whether to grant such application, the Chief Water Offi…
Neb. Rev. Stat. § 46-233.02 Appropriation of water for use in another state; laws governing; rights of appropriators.
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Such applications and all rights thereunder shall be governed by the provisions of the Constitution and statutes of Nebraska as now existing or hereafter amended. Appropriators under the provisions of sections 46-233.01 and 46-233.02 shall have no greater rights than those under …
Neb. Rev. Stat. § 46-234 Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.
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If there is no unappropriated water in the source of supply or if a prior appropriation has been perfected to water the same land to be watered by the applicant, the Chief Water Officer may refuse such application. An application may also be refused (1) if existing facilities oth…
Neb. Rev. Stat. § 46-235 Application for water; approval; date of priority; conditional or partial approval; hearing; Chief Water Officer; powers and duties.
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(1) For applications other than those to appropriate public waters for induced ground water recharge, if there is unappropriated water in the source of supply named in the application, if such application and appropriation when perfected are not otherwise detrimental to the publi…
Neb. Rev. Stat. § 46-235.01 Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.
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A public water supplier which has received an appropriation for induced ground water recharge pursuant to section 46-235 may, from time to time and within twenty-five years after the priority assigned pursuant to section 46-233, petition the Chief Water Officer for a hearing to p…
Neb. Rev. Stat. § 46-235.02 Public water supplier; payment of compensation; when.
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(1) Just compensation shall be required if a public water supplier exercises a preference to the injury of a senior appropriator. (2) Just compensation shall be provided by a public water supplier to any injured junior appropriator whose appropriation was perfected prior to Septe…
Neb. Rev. Stat. § 46-235.03 Public water suppliers; natural resources districts; powers.
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Natural resources districts shall have the authority to impose restrictions or controls on public water suppliers as specified in the Nebraska Ground Water Management and Protection Act. Such restrictions or controls may limit the withdrawal of ground water to a greater degree or…
Neb. Rev. Stat. § 46-235.04 Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.
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(1) Induced ground water recharge appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Appropriations for induced ground water recharge may be canceled and annulled as provided in sections 46-229.02 to 46-229.05…
Neb. Rev. Stat. § 46-236 Application for water power; lease from state required; fee; renewal; cancellation; grounds.
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An application for appropriation of water for water power shall meet the requirements of section 46-234 and subsection (1) of section 46-235 to be approved. Within six months after the approval of an application for water power and before placing water to any beneficial use, the …
Neb. Rev. Stat. § 46-237 Map or plat; requirements; failure to furnish; effect.
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(1) Within six months after approval and allowance of an application other than an application to appropriate public waters for induced ground water recharge, the applicant shall file with the Chief Water Officer a map or plat which shall conform to the rules and regulations of t…
Neb. Rev. Stat. § 46-238 Construction of project; time restrictions; failure to comply; forfeiture; extension of time for completion of work; appeal.
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(1) Within twelve months after the approval of any application for water for irrigation, power, or other useful purpose by the Chief Water Officer, the person making such application shall commence the excavation or construction of the works in which it is intended to divert the …
Neb. Rev. Stat. § 46-240 Additional appropriation; conditions; application procedure.
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Whenever any person shall desire to divert any of the unappropriated waters of any natural lake or reservoir, or any person shall desire to recover any unappropriated water intentionally stored underground, for irrigation or any other beneficial purpose, for which water has alrea…
Neb. Rev. Stat. § 46-240.01 Supplemental additional appropriations; agricultural appropriators; application.
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All appropriators of water for agricultural purposes of less than the statutory limit of direct flow from the public waters of this state within the drainage basin of the stream from which such waters originate shall be entitled to such additional appropriation or appropriations …