Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-244 Canals; declared works of internal improvement; laws applicable.
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Canals and other works constructed for irrigation or water power purposes, or both, are hereby declared to be works of internal improvement; and all laws applicable to works of internal improvement are hereby declared to be applicable to such canal and irrigation works.
Neb. Rev. Stat. § 46-245 Irrigation canal, defined; laws applicable.
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Any canal constructed for the purpose of developing water power, or any other useful purpose, and from which water can be taken for irrigation, is hereby declared to be an irrigation canal and all laws relating to irrigation canals shall be deemed applicable thereto.
Neb. Rev. Stat. § 46-246 Ditches, dams, or similar works; construction; right of eminent domain.
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All persons desirous of constructing a ditch, building a dam or dams for the purpose of storing water for irrigation, evaporation, and water power purposes, or conveying water to be applied to domestic, agricultural or any other beneficial use, or any dam, dike, reservoir, wastew…
Neb. Rev. Stat. § 46-247 Ditches, dams, or similar works; construction; eminent domain; procedure.
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In case of the refusal of the owner or claimant of any lands through which such ditch, canal, or other works are proposed to be made or constructed, to allow the passage thereof, the person desiring the right-of-way may acquire same through the exercise of the power of eminent do…
Neb. Rev. Stat. § 46-248 Right-of-way for irrigation laterals; condemnation; procedure.
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Whenever any person has acquired any rights to water for any lands owned by him, where, prior to the building of the laterals and the application of the water, any intervening canal, ditch, or lateral has been constructed, he shall have the right to construct laterals from such i…
Neb. Rev. Stat. § 46-249 Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.
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There is hereby granted, over all the lands now or hereafter belonging to the State of Nebraska, except school lands held in trust by the Board of Educational Lands and Funds, a right-of-way for ditches, tunnels and telephone and transmission lines necessary to the construction a…
Neb. Rev. Stat. § 46-250 Places of diversion; storage sites; changes; procedure.
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The owner of any ditch, storage reservoir, storage capacity, or other device for appropriating water may, upon petition to the Chief Water Officer, and upon its approval, change the point at which the water under any water appropriation of record is diverted from a natural stream…
Neb. Rev. Stat. § 46-251 Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.
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All persons desirous of constructing any of the works provided for in sections 46-244 to 46-250 shall have the right to occupy state lands and obtain right-of-way over and across any highway in this state for such purpose without compensation, except public school lands. All brid…
Neb. Rev. Stat. § 46-252 Conducting of water into or along natural channels; withdrawal; permit, when required; liability.
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(1) Any person may conduct, either from outside the state or from sources located in the state, quantities of water over and above those already present into or along any of the natural streams or channels of this state, for purposes of instream beneficial uses or withdrawal of s…
Neb. Rev. Stat. § 46-253 Ditches; changing line; flow maintained; liability.
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No owner of any ditch or canal shall change the line of the ditch or canal so as to interfere with the use of water by anyone, who, prior to the proposed change, had used water for irrigation purposes from such ditch or canal, and the owner of such ditch or canal shall keep the s…
Neb. Rev. Stat. § 46-254 Interfering with waterworks; taking water without authority; penalty.
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Any person owning or in control of any ditch, reservoir, or other device for appropriating or using water who willfully opens, closes, changes, or interferes with any headgate or controlling gate, or by any method or means takes any water from any natural stream, reservoir, or ot…
Neb. Rev. Stat. § 46-255 Ditches; construction through private property; bridges and gates.
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Any person, constructing a ditch or canal through the lands of another, having no interest in such ditch or canal, shall build such ditch or canal in a substantial manner so as to prevent damage to such land. In all cases where necessary for the free and convenient use of lands o…
Neb. Rev. Stat. § 46-256 Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; Chief Water Officer; powers.
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Persons owning or controlling any ditch, canal, or reservoir for the purpose of storing or using water for any purpose shall, upon thirty days' notice by the Chief Water Officer, construct and maintain at the point of diversion a substantial headgate, of a design approved by the …
Repealed. Laws 2005, LB 335, § 83.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-258 Ditches; maintenance; outlets; headgates; duties of owner.
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Any owner or person in control of any ditch for irrigation purposes shall have the ditch in order to receive water from the source of supply on or before April 15 of each year, shall construct necessary outlets in the banks for the delivery of water to all persons who are entitle…
Neb. Rev. Stat. § 46-259 Running water in rivers and ravines; right to use.
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The right to the use of running water flowing in any river or stream or down any canyon or ravine may be acquired by appropriation by any person.
Repealed. Laws 1987, LB 140, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-261 Lands to be irrigated; appropriations transferred; information filed with Chief Water Officer; recording gauges; failure to install; effect.
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(1) The Chief Water Officer may require an appropriator or his or her agent to furnish the Chief Water Officer, by April 1 in any year, a list or map of all lands to be irrigated, the acreage of each tract, and the names of the owners, controllers, or officers for every ditch, re…
Neb. Rev. Stat. § 46-262 Duties of persons taking water; noncompliance; liability.
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No person shall accept more water from any ditch, canal or reservoir than he is justly entitled to. On finding that he is receiving more water either through his headgates or by means of leaks, or by any other means, than he is entitled to receive he shall immediately take steps …
Neb. Rev. Stat. § 46-263 Water; neglecting and preventing delivery; penalty.
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Any person having charge of a ditch or canal used for irrigation purposes, who shall neglect or refuse to deliver water as herein provided, or any person or persons who shall prevent or interfere with the proper delivery of water to the person or persons having the right thereto,…
Neb. Rev. Stat. § 46-263.01 Water; molesting or damaging measuring device; penalty.
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Any person, or persons, who shall molest, tamper with, break into or damage in any way any device used for the measuring and recording of the water flowing in any stream, canal or reservoir in this state shall be guilty of a Class II misdemeanor.
Neb. Rev. Stat. § 46-263.02 Water; molesting or damaging measuring device; apprehension and conviction; reward.
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The Chief Water Officer is hereby authorized and empowered to offer and pay out of the fees collected by the Chief Water Officer rewards of not to exceed twenty-five dollars in any case for the apprehension and conviction of any person or persons violating the provisions of secti…
Repealed. Laws 1973, LB 88, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-265 Embankments; maintenance; return of unused water; duties of owner.
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The owner or owners of any irrigation ditch or canal shall carefully maintain the embankments thereof so as to prevent waste therefrom, and shall return the unused water from such ditch or canal with as little waste thereof as possible to the stream from which such water was take…
Neb. Rev. Stat. § 46-266 Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.
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No owner of any water power or irrigation ditch, canal or lateral shall so construct, maintain or operate the same as to permit any water to escape therefrom upon any public road or highway. No person in the application of water in the irrigation of lands shall permit the same to…
Repealed. Laws 2001, LB 170, § 30; Laws 2001, LB 173, § 22.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-268 Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.
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Whenever any person, association or corporation owning any irrigation ditch or canal enters into a contract with a landowner to carry water to any tract of land having a water appropriation, such carriage contract shall be recorded in the county where such land is situated in the…
Neb. Rev. Stat. § 46-269 Mutual irrigation companies; recognized; bylaws; when lawful.
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Any corporation or association organized under the laws of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation purposes, and deriving no revenue from their operation, shall be termed a mutual irrigation company, and any byla…
Neb. Rev. Stat. § 46-270 Irrigation projects; how financed.
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Any corporation or association organized under the law of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation and water power purposes shall have power to borrow money, to issue bonds, and to mortgage its property and franch…
Neb. Rev. Stat. § 46-271 Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.
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Any corporation or association organized under the laws of this state for the purpose of constructing or operating canals, reservoirs or other works for irrigation purposes may, through its board of directors or trustees, assess the shares, stock, or interest of the stockholders …
Neb. Rev. Stat. § 46-272 Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.
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The county clerk is hereby authorized to accept from water users' associations, organized in conformity with the requirements of the United States under the reclamation act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and…
Neb. Rev. Stat. § 46-273 Water; United States may furnish to individuals; conditions and requirements.
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The United States of America is hereby authorized, in conformity to the laws of the State of Nebraska, to appropriate, develop, and store any unappropriated flood or unused waters, in connection with any project constructed by the United States pursuant to the provisions of an Ac…
Repealed. Laws 1963, c. 425, art. VIII, § 2.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 425, art. VIII, § 2.
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[Repealed or reserved.]
Repealed. Laws 1963, c. 425, art. VIII, § 2.
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[Repealed or reserved.]
Repealed. Laws 2005, LB 335, § 83.
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[Repealed or reserved.]
Repealed. Laws 2005, LB 335, § 83.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 140, § 15.
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[Repealed or reserved.]
Repealed. Laws 1987, LB 140, § 15.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-281 Artesian water; waste prohibited.
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It shall be unlawful for any owner or owners, lessee or lessees, occupier or occupiers, foreman or superintendent of any farm, town lot or other real estate in the State of Nebraska, where artesian water has been found or may be found hereafter, to allow the water from wells or o…
Neb. Rev. Stat. § 46-282 Artesian water; waste; penalty.
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Any person or persons who own, occupy or have control of any farm, town lot or other real estate in the State of Nebraska, who fail or refuse to close or shut off any wastage of artesian water to the amount that section 46-281 allows on any farm, town lot or other real estate whi…
Neb. Rev. Stat. § 46-283 Legislative findings.
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The Legislature hereby finds and declares that the practice of reusing ground water from irrigation water reuse pits on irrigated land contributes to the efficient use and conservation of the state's water resources and that such reuse may be more feasible when done from irrigati…
Neb. Rev. Stat. § 46-284 Definitions, sections found.
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For purposes of sections 46-283 to 46-287, unless the context otherwise requires, the definitions found in sections 46-285 and 46-286 shall be used.
Neb. Rev. Stat. § 46-285 Irrigation water reuse pit, defined.
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Irrigation water reuse pit shall mean an excavation constructed to capture, for reuse, runoff resulting from ground water irrigation or a structure designed for the purpose of water impoundment which is used for this same purpose so long as the capacity of the facility does not e…
Neb. Rev. Stat. § 46-286 Ephemeral natural stream, defined.
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An ephemeral natural stream shall mean that portion of a natural stream in which water flows only after a precipitation event or when augmented by surface water runoff caused by the pumping of ground water for irrigation. The portion of a natural stream that is shown as an interm…
Neb. Rev. Stat. § 46-287 Irrigation water reuse pit; reusing ground water; exempt from certain provisions.
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Notwithstanding any other provision of law, any person intending to or in the process of reusing ground water from an irrigation water reuse pit located within an ephemeral natural stream shall be exempt from the provisions of Chapter 46, article 2, which would otherwise apply to…
Neb. Rev. Stat. § 46-288 Interbasin transfers; terms, defined.
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For purposes of this section and section 46-289, unless the context otherwise requires: (1) Basin of origin shall mean the river basin in which the point or proposed point of diversion of water is located; (2) Beneficial use shall include, but not be limited to, reasonable and ef…
Neb. Rev. Stat. § 46-289 Legislative findings; interbasin transfers; application for water; factors considered; order issued.
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The Legislature finds, recognizes, and declares that the transfer of water to outside the boundaries of a river basin may have impacts on the water and other resources in the basin and that such impacts differ from those caused by uses of water within the same basin in part becau…
Neb. Rev. Stat. § 46-290 Appropriation; application to transfer or change; contents; approval.
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(1)(a) Except as provided in this section and sections 46-2,120 to 46-2,130, any person having a permit to appropriate water for beneficial purposes issued pursuant to sections 46-233 to 46-235, 46-240.01, 46-241, 46-242, or 46-637 and who desires (i) to transfer the use of such …
Neb. Rev. Stat. § 46-291 Application; review; notice; contents; comments.
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(1) Upon receipt of an application filed under section 46-290 for a transfer in the location of use of an appropriation, the Chief Water Officer shall review it for compliance with this subsection. The Chief Water Officer may approve the application without notice or hearing if h…