Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-292 Application; hearing.
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The Chief Water Officer may hold a hearing on an application filed under section 46-290 on the Chief Water Officer's own motion and shall hold a hearing if a timely request therefor is filed by any interested person in accordance with section 46-291. Any such hearing shall be sub…
Neb. Rev. Stat. § 46-293 Application; review; Chief Water Officer; powers.
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(1) The Chief Water Officer of the Department of Water, Energy, and Environment shall independently review each application subject to subsection (2) of section 46-291 to determine whether the requirements of section 46-294 will be met if the transfer or change is approved. The r…
Neb. Rev. Stat. § 46-294 Applications; approval; requirements; conditions; burden of proof.
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(1) Except for applications approved in accordance with subsection (1) of section 46-291, the Chief Water Officer of the Department of Water, Energy, and Environment shall approve an application filed pursuant to section 46-290 only if the application and the proposed transfer or…
Neb. Rev. Stat. § 46-294.01 Appropriation; temporary transfer; filings required.
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Whenever a temporary transfer is approved in accordance with sections 46-290 to 46-294, the applicant shall, within sixty days after the order of approval of the Chief Water Officer, cause copies of the following to be filed with the county clerk or register of deeds of the count…
Neb. Rev. Stat. § 46-294.02 Appropriation; temporary transfer or change; renewal or extension.
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A temporary transfer or a change in the type or purpose of use of an appropriation may be renewed or otherwise extended by the parties thereto at any time following the midpoint of the transfer or change term, but any such renewal or extension is subject to review and approval pu…
Neb. Rev. Stat. § 46-294.03 Appropriation; temporary transfer or change; effect on classification and valuation.
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For purposes of assessment pursuant to sections 77-1343 to 77-1363, neither the temporary transfer or change of an appropriation nor any resulting land-use changes on the land to which the appropriation was appurtenant prior to the transfer or change shall cause the land to be re…
Neb. Rev. Stat. § 46-294.04 Appropriation; temporary transfer or change; effect on rights of condemnation.
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During the time within which a temporary transfer or change in purpose of use of an appropriation is in effect, the appropriation may not be used to invoke any rights of condemnation that are based on preference of use, but such appropriation shall be subject to the exercise of s…
Neb. Rev. Stat. § 46-294.05 Rules and regulations.
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The Chief Water Officer of the Department of Water, Energy, and Environment may adopt and promulgate rules and regulations to carry out sections 46-290 to 46-294.04.
Neb. Rev. Stat. § 46-295 Legislative findings.
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The Legislature recognizes that, as a result of water project operations, surface water in some areas of the state has been, is, and will be in the future intentionally and incidentally stored in and withdrawn from underground strata. The Legislature acknowledges that rights to w…
Neb. Rev. Stat. § 46-296 Terms, defined.
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For purposes of sections 46-202 and 46-295 to 46-2,106, unless the context otherwise requires: (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) Per…
Neb. Rev. Stat. § 46-297 Permit to appropriate water; modification to include underground water storage; procedure.
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Any person who has an approved, unperfected appropriation pursuant to Chapter 46, article 2, may apply to the Chief Water Officer for a modification of such permit to include intentional underground water storage associated with the appropriation. The application shall be made on…
Repealed. Laws 1989, LB 45, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-299 Permittee; authorized to levy a fee or assessment; limitation.
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Any person who has obtained a permit for intentional underground water storage and recovery of such water pursuant to section 46-233, 46-240, 46-241, 46-242, or 46-297 may, subject to section 46-2,101, levy a fee or assessment against any person for the right or probable right to…
Neb. Rev. Stat. § 46-301 Irrigation districts; establishment of electric light and power systems; powers.
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Irrigation districts organized under the laws of Nebraska are hereby authorized and empowered to make application for and secure and hold appropriations of water for the purpose of generation of electric light and power in connection with any such appropriation of water. Any irri…
Neb. Rev. Stat. § 46-302 Electric light and power system; construction or acquisition by resolution; procedure.
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Whenever the board of directors of any irrigation district shall, by resolution, determine that it is to the interest, convenience, and welfare of the district that the district, under sections 46-301 to 46-315, purchase, construct, or otherwise acquire, operate, and maintain any…
Neb. Rev. Stat. § 46-303 Electric light and power system; construction or acquisition by petition; procedure.
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In lieu of the resolution of the board of directors and the preparation and submission by the board of plans, reports, and statements as provided in section 46-302, a petition containing and setting forth the data and information required in such section concerning the proposed e…
Neb. Rev. Stat. § 46-304 Electric light and power system; construction or acquisition; examination and report by Chief Water Officer.
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Upon receipt by the Chief Water Officer of the plans, reports, and statements provided for in section 46-302 or of the petition provided for in section 46-303, the Chief Water Officer shall examine the proposed plan and project, make an estimate of the probable cost thereof, and …
Neb. Rev. Stat. § 46-305 Electric light and power system; construction or acquisition; election required; procedure; vote required; effect of affirmative vote.
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Upon the filing of the data and certificates with the board of directors of the district, the board of directors and the other proper officers of the district shall submit the proposed plan and project to the qualified electors of the district for their approval or rejection, at …
Neb. Rev. Stat. § 46-306 General provisions of irrigation law applicable.
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All general provisions of the law of this state pertaining to the acquisition, construction, management, control, and payment of the cost of property and works of irrigation districts, including the levy and collection of taxes and assessments, shall be applicable, as nearly as m…
Neb. Rev. Stat. § 46-307 Operation of lines beyond district boundaries; powers of district; cost payable out of earnings.
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Any irrigation district in this state which, pursuant to the authority conferred upon it by sections 46-301 to 46-315, shall own or operate, or hereafter acquire or establish any electric light and power plant, distribution system, or transmission lines, may extend and operate th…
Neb. Rev. Stat. § 46-308 Issuance of debentures pledging earnings; powers of district; judicial confirmation not required.
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In lieu of the issuance of bonds or the levy of taxes or assessments as otherwise by law provided, and in lieu of any other lawful methods or means of providing for the payment of indebtedness, any irrigation district within this state shall have the power and authority, by and t…
Neb. Rev. Stat. § 46-309 Proposals in conflict with original project; vote of electors a condition precedent to adoption.
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No power conferred upon the district under the provisions of sections 46-301 to 46-315 shall be exercised if in express conflict with the original plan or project submitted to the vote of the electors of the district under the provisions of sections 46-302 to 46-305, unless and u…
Neb. Rev. Stat. § 46-310 Rates and charges for electric current; rules and regulations of system.
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Any irrigation district which shall acquire, establish and operate any electric light and power plant, lines or systems under the provisions of sections 46-301 to 46-315 shall have the power to fix and collect reasonable rates, fees, and charges for electric current, service, equ…
Neb. Rev. Stat. § 46-311 Sale, lease, or transfer; law applicable.
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All provisions of law pertaining to any sale, lease or transfer of any electric light and power plant, distribution system or transmission lines by cities, villages, and public electric light and power districts to any private person, firm, association or corporation, shall be ap…
Neb. Rev. Stat. § 46-312 Extension; pledged net proceeds inadequate; bonds; how issued.
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If at any time after the initial acquisition or establishment by any irrigation district of an electric light and power plant, lines, or systems the Chief Water Officer deems it to be practicable and expedient that additional plants, lines, or systems, or extensions or improvemen…
Neb. Rev. Stat. § 46-313 Eminent domain; use of highways; construction and operation; general law applicable.
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All general provisions of law applicable to electric light and power corporations and irrigation districts which pertain to the exercise of the power of eminent domain, the use and occupation of public highways, and the manner or method of construction and physical operation of p…
Neb. Rev. Stat. § 46-314 Profits from sale of electricity; how used.
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All net profits derived from the sale of electrical energy under the provisions of sections 46-301 to 46-315 shall belong to the irrigation district producing it, and may be used by such district to pay its operation and maintenance expense, its bonded indebtedness, if any, or ot…
Neb. Rev. Stat. § 46-315 Use of water for hydroelectric plant; rights of irrigation district.
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Every irrigation district in this state shall have the exclusive right to make application to the Chief Water Officer for the use of all water used for irrigation purposes and all return flow and seepage water from irrigated land in its district for the purpose of operating hydro…
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Repealed. Laws 1961, c. 284, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-501 Reclamation districts; declaration of purpose.
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It is hereby declared that to provide for the conservation of the water resources of the State of Nebraska and for the greatest beneficial use of water within the state, the organization of reclamation districts and the construction of works as herein defined by such districts ar…
Neb. Rev. Stat. § 46-502 Reclamation districts; declaration of policy.
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It is therefor declared to be the policy of the State of Nebraska to (1) control, make use of and apply to beneficial use all available waters of this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power and other beneficial uses, (…
Neb. Rev. Stat. § 46-503 Act, how cited.
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Sections 46-501 to 46-573 may be known and cited as Reclamation Act, the districts created hereunder may be termed reclamation districts; and the bonds which may be issued hereunder may be called reclamation district bonds, which designation may be engraved or printed on their fa…
Neb. Rev. Stat. § 46-504 Publication, defined.
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Wherever the term publication is used in sections 46-501 to 46-573 and no manner specified therefor, it shall be taken to mean once a week three consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not …
Neb. Rev. Stat. § 46-505 Person and public corporation, defined.
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Wherever the term person is used in sections 46-501 to 46-573 and not otherwise specified, it shall be taken to mean a person, firm, partnership, limited liability company, association, or corporation other than a county, village, city, city and county, or other political subdivi…
Neb. Rev. Stat. § 46-506 Board, defined.
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Wherever the word board is used in sections 46-501 to 46-573, and not otherwise specified, it shall be taken to mean the board of directors of the district organized under the provisions of sections 46-501 to 46-573.
Neb. Rev. Stat. § 46-507 Works, defined.
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Wherever the term works is used in sections 46-501 to 46-573, it shall, unless otherwise specified, be held to mean dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, tunnels, power plants, transmission lines, drainage canals, pumping …
Neb. Rev. Stat. § 46-508 Court, defined.
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Wherever the term court is used in sections 46-501 to 46-573, and not otherwise specified, it shall be taken to mean the district court sitting in any judicial district of the State of Nebraska, containing a portion or portions of lands contained in a reclamation district.
Neb. Rev. Stat. § 46-509 Property, defined.
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Wherever the term property is used in sections 46-501 to 46-573, it shall, unless otherwise specified, be held to mean real estate and personal property.
Neb. Rev. Stat. § 46-510 Land or real estate, defined.
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Wherever the terms land or real estate are used in sections 46-501 to 46-573, they shall, unless otherwise specified, be held to mean real estate, as the words real estate are defined by the laws of the State of Nebraska, and shall embrace all railroads, highways, electrical road…
Neb. Rev. Stat. § 46-511 Land or property, defined.
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Wherever the terms land or property are used in sections 46-501 to 46-573 with reference to benefits, appraisals, assessments, or taxes, public corporations shall as political entities, according to benefits received, be considered as included in such reference in the same manner…
Neb. Rev. Stat. § 46-512 Irrigable or irrigable lands, defined.
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Wherever the terms irrigable or irrigable lands are used in sections 46-501 to 46-573 they shall be taken to mean privately owned agricultural lands outside the corporate limits of cities or villages, which can be benefited by the use of water for irrigation purposes and which wo…
Neb. Rev. Stat. § 46-513 Nonirrigable land, defined.
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Wherever the term nonirrigable land is used in sections 46-501 to 46-573 it shall be taken to mean privately owned agricultural lands outside the corporate limits of cities or villages, which cannot be benefited by the use of water for irrigation purposes, and which would lie wit…
Neb. Rev. Stat. § 46-514 Chief Water Officer, defined.
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For purposes of the Reclamation Act, Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-515 Chief Water Officer; jurisdiction; power; authority.
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The Chief Water Officer is hereby vested with jurisdiction, power, and authority, when conditions stated in section 46-516 are found to exist, to establish reclamation districts for conserving, developing, and stabilizing supplies of water for domestic, irrigation, power, manufac…