Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-1112 Injection location, defined.
0.1K chars
Injection location shall mean each site where chemicals will be applied through an irrigation distribution system.
Neb. Rev. Stat. § 46-1113 Irrigation distribution system, defined.
0.5K chars
Irrigation distribution system shall mean any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or…
Neb. Rev. Stat. § 46-1114 Open discharge system, defined.
0.3K chars
Open discharge system shall mean a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pum…
Neb. Rev. Stat. § 46-1115 Permitholder, defined.
0.3K chars
Permitholder shall mean the owner or operator of land who applies or authorizes the application of chemicals to such land by means of chemigation. The permitholder shall be the party primarily responsible for any liability arising from chemigation on the property.
Neb. Rev. Stat. § 46-1116 Pesticide, defined.
0.4K chars
Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any su…
Neb. Rev. Stat. § 46-1116.01 Working day, defined.
0.2K chars
Working day shall mean Monday through Friday but shall not include Saturday, Sunday, or a federal or state holiday. In computing two working days, the day of receipt of the permit is not included and the last day of the two working days is included.
Neb. Rev. Stat. § 46-1117 Permit required; exception; application.
1.5K chars
No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a permit from the district in which the well or diversion is located, except that nothing in this section shall require a person to obtain a …
Neb. Rev. Stat. § 46-1117.01 Special permit; issuance.
0.6K chars
Permits for those systems determined through inspection by the district as not needing all of the safety equipment prescribed by the Nebraska Chemigation Act shall be forwarded immediately to the department for review. If the department determines that certain elements of the saf…
Repealed. Laws 2011, LB 2, § 8.
0.0K chars
[Repealed or reserved.]
Neb. Rev. Stat. § 46-1119 Emergency permit; application; fee; violation; penalty.
1.3K chars
(1) A person may file an application with the district for an emergency permit on forms provided by the district. The district shall review each emergency application and approve or deny the application within two working days after the application is filed. An emergency applicat…
Neb. Rev. Stat. § 46-112 District officers; election; terms.
1.4K chars
The officers elected in compliance with section 46-110, upon qualifying as provided in section 46-113, shall hold their respective offices until the next general election for the irrigation district when their successors shall be elected. At such general election the member of th…
Neb. Rev. Stat. § 46-1120 Application; contents.
0.3K chars
Each application to engage in chemigation shall contain (1) the name and post office address of the applicant, (2) the location by legal description of the land where chemigation is to be used, and (3) such other information as the department, after consultation with the district…
Neb. Rev. Stat. § 46-1121 Fees; Chemigation Costs Fund; created; investment; annual permits; renewal.
2.5K chars
(1) To aid in defraying the cost of administration of the Nebraska Chemigation Act, the district shall collect an initial application fee for a permit, a special permit fee, an annual renewal fee, and an emergency permit fee. The fees shall be established by the district and shal…
Neb. Rev. Stat. § 46-1122 Replacement or alteration of chemigation equipment; notice; inspection.
0.6K chars
Any permitholder who replaces or alters or authorizes the replacement or alteration of chemigation equipment which was previously approved by the district shall notify the district within seventy-two hours of such replacement or alteration. The district shall conduct an inspectio…
Neb. Rev. Stat. § 46-1123 Districts; annual reports; contents.
0.3K chars
Annual reports shall be submitted to the department by the district personnel showing the actual number of applications received, the number of applications approved, the number of inspections made, and the name of all chemicals used in chemigation systems within the district dur…
Neb. Rev. Stat. § 46-1124 District; conduct inspections; inspection warrant.
2.2K chars
(1) Each district shall conduct areawide, selective, and periodic inspections to insure compliance with the Nebraska Chemigation Act and rules and regulations adopted and promulgated under the act. A permitholder or any person believed by the district to be chemigating without a …
Neb. Rev. Stat. § 46-1125 Permit denial, suspension, revocation; grounds.
0.4K chars
The district shall deny, refuse renewal of, suspend, or revoke a permit applied for or issued pursuant to section 46-1117 on any of the following grounds: (1) Practice of fraud or deceit in obtaining a permit; or (2) Violation of any of the provisions of the Nebraska Chemigation …
Neb. Rev. Stat. § 46-1126 Permit denial, suspension, or revocation; procedures; suspend operation; when.
2.1K chars
(1) Before a district denies, refuses to renew, suspends, or revokes a permit, it shall send to the applicant or permitholder a notice setting forth the specific reasons for the proposed action. The denial, refusal to renew, suspension, or revocation shall become final ten calend…
Neb. Rev. Stat. § 46-1127 Irrigation distribution system; improper operation; penalty; equipment; rules and regulations.
2.1K chars
(1) Any person who places any chemical in an irrigation distribution system or permits any chemical to be in an irrigation distribution system without having a properly operating (a) check and vacuum relief valve in the irrigation pipe, (b) inspection port or other device to chec…
Neb. Rev. Stat. § 46-1128 Applicators of chemicals; training sessions; certificate; expiration.
1.0K chars
In order to insure that applicators of chemicals have sufficient scientific and practical knowledge in the use of chemigation, the director shall conduct training sessions directed toward thorough comprehension and knowledge of the safe use of chemigation or contract with the Coo…
Neb. Rev. Stat. § 46-1129 Training sessions; council; prescribe forms; adopt rules and regulations.
0.2K chars
The council shall prescribe the necessary forms and adopt and promulgate such rules and regulations as shall be necessary to carry out the provisions of section 46-1128 regarding the conducting of training sessions and the issuing of certificates.
Neb. Rev. Stat. § 46-1129.01 Applicator's certificate; revocation; grounds.
0.5K chars
An applicator's certificate may be revoked by the department if the applicator: (1) Operates a chemigation system that is known to be defective or not in compliance with permit requirements; (2) Fails to report any actual or suspected accident resulting from the use of chemigatio…
Neb. Rev. Stat. § 46-113 Officers; oath; bond; district as federal fiscal agent; additional bond.
1.6K chars
Within ten days after receiving his certificate of election, hereinafter provided for, each director shall take and subscribe the official oath, and each member of the board of directors shall execute an official bond in the sum of one thousand dollars, which bond shall be approv…
Neb. Rev. Stat. § 46-1130 Posting of signs.
0.3K chars
Signs shall be posted which provide notice that chemicals are applied in irrigation water in the field in areas being treated by means of chemigation with chemicals which appear on the restricted use list in the Federal Insecticide, Fungicide, and Rodenticide Act or chemicals for…
Neb. Rev. Stat. § 46-1131 Accident; report required; investigation; cleanup and recovery plan.
0.8K chars
The applicator or the permitholder shall report an actual or suspected accident related to the use of chemigation in his or her system to the department and the appropriate district within twenty-four hours of its discovery. Any accident resulting from the use of chemigation shal…
Neb. Rev. Stat. § 46-1132 Damage to premises; considered tort claim.
0.5K chars
Any damage to the premises caused by the negligent or wrongful act or omission of any employee of the district while acting within the scope of his or her employment may be pursued as a tort claim as provided for in the Political Subdivisions Tort Claims Act. Any damage to the pr…
Neb. Rev. Stat. § 46-1133 Assistance to abate water contamination.
0.2K chars
Each district or the department may provide technical and other assistance as may be necessary or desirable to abate the risk of water contamination in the state caused by chemigation.
Neb. Rev. Stat. § 46-1134 Department; powers and duties.
0.5K chars
The department shall have the power and duty: (1) To advise, consult, cooperate, and contract with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, industries, and groups in furtherance of the purposes of the Nebra…
Neb. Rev. Stat. § 46-1135 District; adopt rules and regulations.
0.2K chars
Each district may adopt and promulgate such rules and regulations as shall be necessary to carry out its responsibilities under the Nebraska Chemigation Act. The rules and regulations of a district shall be subject to approval by the director.
Neb. Rev. Stat. § 46-1136 Council; adopt rules and regulations.
0.7K chars
The council shall adopt and promulgate rules and regulations providing for: (1) Procedures and specifications for the installation, replacement, or repair of chemigation equipment; (2) A system for the issuance of permits by the district to engage in chemigation; (3) A procedure …
Neb. Rev. Stat. § 46-1137 Compliance with act; affirmative defense.
0.1K chars
Compliance with the Nebraska Chemigation Act shall be an affirmative defense to any civil action resulting from a person's use of chemigation.
Neb. Rev. Stat. § 46-1138 Violation of act; procedures for compliance; prosecuting attorney; duties.
2.2K chars
(1) Any person found by the district to be in violation of the Nebraska Chemigation Act or any rules and regulations issued pursuant to the act shall be notified by the district of such violation. Each person so notified by the district shall have ten days in which to comply. The…
Neb. Rev. Stat. § 46-1139 Engaging in chemigation without a permit; penalty; recovery of costs.
0.9K chars
Any person who engages in chemigation without first obtaining a chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than f…
Neb. Rev. Stat. § 46-114 Directors; assumption of office; tenure.
0.2K chars
The director elected shall assume the duties of his office the first Tuesday in March after his election; Provided, all incumbents shall hold their respective offices until their successors are elected and qualified, as provided in section 46-112.
Neb. Rev. Stat. § 46-1140 Engaging in chemigation with a suspended or revoked permit; penalty; recovery of costs.
0.9K chars
Any person who engages in chemigation with a suspended or revoked chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than…
Neb. Rev. Stat. § 46-1141 Tampering with chemigation equipment; penalty; recovery of costs.
0.9K chars
Any person who willfully tampers with or otherwise willfully damages in any way equipment meeting the requirements specified in section 46-1127 shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violati…
Neb. Rev. Stat. § 46-1142 Failure to notify of accident; penalty; recovery of costs.
0.9K chars
Any permitholder who fails to notify the district and the department of any actual or suspected accident resulting from the use of chemigation shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violatio…
Neb. Rev. Stat. § 46-1143 Other violations; penalty; recovery of costs.
0.9K chars
Any person who violates any of the provisions of the Nebraska Chemigation Act for which a specific penalty is not provided shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than …
Neb. Rev. Stat. § 46-1144 District; failure to carry out responsibilities; hearing; procedure.
0.8K chars
If at any time after January 1, 1988, it is alleged by the department upon its own initiative or as a result of a complaint being filed with the department that a district is not carrying out its responsibilities under the Nebraska Chemigation Act, the department may hold a conte…
Neb. Rev. Stat. § 46-1145 District; failure to carry out responsibilities; effect.
1.0K chars
If after a hearing held pursuant to section 46-1144 the director determines that the district is not carrying out its responsibilities under the Nebraska Chemigation Act, the powers and duties of the district set out in the act shall vest in the department for a period of twelve …
Neb. Rev. Stat. § 46-1146 Appeal; procedure.
0.6K chars
Any affected person aggrieved by any order issued or final decision made by the department pursuant to the Nebraska Chemigation Act may appeal the order or decision, and the appeal shall be in accordance with the Administrative Procedure Act. As used in this section, affected per…
Neb. Rev. Stat. § 46-1147 Powers of department; construction of act.
0.1K chars
Nothing in the Nebraska Chemigation Act shall be construed to limit the powers of the department provided in Chapter 81, article 15.
Neb. Rev. Stat. § 46-1148 Powers of district; construction of act.
0.2K chars
Nothing in the Nebraska Chemigation Act shall be construed to limit the powers of a district provided in the Nebraska Ground Water Management and Protection Act.
Neb. Rev. Stat. § 46-115 Subsequent elections; manner; notice.
2.5K chars
(1) Fifteen days before any election which is not held by mail under the Irrigation District Act subsequent to the organization of the irrigation district, the secretary of the board of directors shall cause notice to be published in a newspaper of general circulation in each cou…
Neb. Rev. Stat. § 46-116 Election officers; powers and duties; hours of election.
1.2K chars
(1) One of the judges shall be chairperson of the board of election and may (a) administer all oaths required in the progress of an election under the Irrigation District Act and (b) appoint judges and clerks, if during the progress of the election or processing and counting ball…
Neb. Rev. Stat. § 46-117 Elections; return and canvass of vote.
1.1K chars
(1) Elections under the Irrigation District Act, together with the ballots cast thereat, shall be certified by the boards of election for the precincts to the board of directors of the irrigation district within three days after the election or the deadline for casting ballots by…
Neb. Rev. Stat. § 46-118 Elections; statement of result entered in board record; certificate of election; vacancies, how filled.
1.2K chars
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such results, which statement must show (1) the whole number of votes cast in the district and in each division of the district; (2) the names of the…
Neb. Rev. Stat. § 46-119 Board; organization; officers; bonds; payment of premiums.
1.1K chars
On the first Wednesday following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary, treasurer, and assessor. All such offices may be held by one person. When the offices of secretary and treasure…
Neb. Rev. Stat. § 46-120 Board; general powers and duties.
0.6K chars
The board shall have the power and it shall be its duty to manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, establish equitable bylaws, rul…
Neb. Rev. Stat. § 46-120.01 Board; obligate lands; emergency repairs and replacement; limitation.
0.5K chars
The board of directors of an irrigation district shall not obligate the lands of the district except for emergency and unforeseen damage, repairs, and replacement, in excess of five dollars per acre for districts irrigating more than sixty thousand acres per year without submitti…