Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-516 Petition; signers; contents.
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Before any reclamation district is established under the Reclamation Act, a petition shall be filed with the Chief Water Officer signed by the owners of not less than thirty percent of the acreage of lands to be included in the district, exclusive of land in cities and villages, …
Neb. Rev. Stat. § 46-517 Petition; bond; requirements.
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At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition, a bond shall be filed in the amount of two thousand dollars, with security approved by the Chief Water Officer to pay all expenses connected with the proceeding…
Neb. Rev. Stat. § 46-518 Petition; notice of hearing.
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Immediately after the filing of such petition, the Chief Water Officer shall (1) by order fix a place and time, not less than ninety days nor more than one hundred and twenty days after the petition is filed, for hearing thereon, (2) cause notice by publication to be made of the …
Neb. Rev. Stat. § 46-519 Protest petition; contents.
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At any time after the filing of a petition for the organization of a reclamation district and not less than thirty days prior to the time fixed by the order of the Chief Water Officer for the hearing upon the petition, and not thereafter, a petition may be filed with the Chief Wa…
Neb. Rev. Stat. § 46-520 Protest petition; disqualification of signer.
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Any person who signs a petition for creation of a district as the owner of any land shall be disqualified to sign a protest petition.
Neb. Rev. Stat. § 46-521 Protest petition; when dismissed.
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Upon the day set for the hearing upon the original petition, if it shall appear to the Chief Water Officer from such evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands, the Chief Water Officer…
Neb. Rev. Stat. § 46-522 Protest petition; requisite number of signers; dismissal of original petition.
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If the Chief Water Officer shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands, the Chief Water Officer shall forthwith dismiss the original petition praying for the creation of the district. The finding of the Chief Wate…
Neb. Rev. Stat. § 46-523 Organization; objections.
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Any owner of real property in said proposed district who did not individually sign a petition for the organization of a reclamation district and who desires to object to the organization and incorporation of said district may, on or before the date set for the cause to be heard, …
Neb. Rev. Stat. § 46-524 Objections; contents; hearing.
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Such objection shall be limited to a denial of the statements in the petition. It shall be heard by the Chief Water Officer without unnecessary delay.
Neb. Rev. Stat. § 46-525 Hearing; decree; district established.
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Upon the hearing, if it shall appear that a petition for the organization of a reclamation district has been signed and presented, as provided in section 46-516, in conformity with the Reclamation Act, and that the allegations of the petition are true, and that no protesting peti…
Neb. Rev. Stat. § 46-526 Decree; contents; office of the district.
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In such decree the Chief Water Officer shall designate the place, prayed for in the petition, where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district. It may be changed by order of the Chief Wate…
Neb. Rev. Stat. § 46-527 Petition; dismissal; appeal and writ of error denied.
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If the Chief Water Officer finds that no petition has been signed and presented in conformity with the Reclamation Act, or that the material facts are not as set forth in the petition filed, the Chief Water Officer shall dismiss the proceedings and adjudge the costs against the s…
Neb. Rev. Stat. § 46-528 Decree; district established; appeal.
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If an order is entered establishing the district, such order shall be deemed final. Any person, firm, or corporation owning real property within any reclamation district, created or established by virtue of the Reclamation Act, feeling himself or herself aggrieved by the establis…
Neb. Rev. Stat. § 46-529 Decree; filing; fees.
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Within thirty days after the district has been declared a corporation by the Chief Water Officer, the Chief Water Officer shall transmit to the Secretary of State and to the county clerk in each of the counties having lands in the district copies of the findings and the decree of…
Neb. Rev. Stat. § 46-530 Directors; appointment; election; take office, when; qualified electors; candidates.
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Within thirty days after entering the final order establishing the district, the Chief Water Officer shall enter an order appointing the board of directors named in the petition in accordance with subsection (5) of section 46-516. After the selection of the original board of dire…
Repealed. Laws 1994, LB 76, § 615.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 76, § 615.
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[Repealed or reserved.]
Repealed. Laws 1994, LB 76, § 615.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-534 Directors; vacancy; filled by board of directors.
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In addition to the events listed in section 32-560, a vacancy on the board of directors shall exist in the event of (1) removal from any district of a director, (2) removal of a director from a subdivision in which he or she was a director, or (3) elimination or detachment from a…
Neb. Rev. Stat. § 46-535 Directors; bond required.
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Each director shall furnish a corporate surety bond at the expense of the district in the sum of ten thousand dollars to be approved by the Secretary of State and filed in his office, conditioned for the faithful performance of his duties as such director.
Neb. Rev. Stat. § 46-536 Directors; oath.
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Each director before entering upon his or her official duties shall take and subscribe to an oath before an officer authorized to administer oaths, that he or she will support the Constitutions of the United States and the State of Nebraska, will honestly, faithfully, and imparti…
Neb. Rev. Stat. § 46-537 Directors; chairman; secretary; seal; records.
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Upon taking the oath, the members of the board shall choose one of their number chairman of the board and president of the district and elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. Such board shall adopt a sea…
Neb. Rev. Stat. § 46-538 Directors; compensation; expenses.
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Each director shall receive from the board a per diem of not to exceed seventy dollars per day for each day that such director attends a board meeting or is engaged in matters concerning the district, but no director shall receive more than two thousand eight hundred dollars in a…
Neb. Rev. Stat. § 46-539 Directors; quorum.
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A majority of the directors shall constitute a quorum and concurrence of a majority of those in attendance, in any matter within their duties, shall be sufficient for its determination except as otherwise herein provided.
Neb. Rev. Stat. § 46-540 Officers and employees; compensation; bond; duties.
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The secretary shall (1) be custodian of the records of the district and of its corporate seal, (2) assist the board in such particulars as it may direct in the performance of its duties, (3) attest, under the corporate seal of the district, all certified copies of the official re…
Neb. Rev. Stat. § 46-541 Directors; general powers and duties; continuance of corporate existence; election; dissolution.
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The board shall have power on behalf of the district: (1) To have perpetual succession, except that all districts organized prior to January 1, 1950, which have not entered into a bona fide construction of their works shall, within fifteen years following January 1, 1961, cause t…
Neb. Rev. Stat. § 46-542 District; levy and collection of taxes; classification of methods.
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In addition to the other means of providing revenue for such districts, the board shall have power and authority to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or mo…
Neb. Rev. Stat. § 46-543 Taxes; levy; Class A; submission to qualified voters of district.
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To levy and collect taxes under Class A, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, to supply funds for paying expenses of organization, for surveys and plans…
Neb. Rev. Stat. § 46-544 Special assessments; levy; limitation.
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(1) If the board of a reclamation district determines in any year that there are certain lands within the district, not included within Classes B, C, and D, which receive special direct benefits from recharging of the ground water reservoirs by water originating from district wor…
Neb. Rev. Stat. § 46-545 Special assessments; Class B; water service; petition; contracts.
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To levy and collect special assessments under Class B as herein provided, the board shall make contracts for water service with each petitioning municipality in the district in the manner hereinafter provided and shall fix and determine the rate or rates per acre-foot and terms a…
Neb. Rev. Stat. § 46-546 Water service; petition; notice.
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The secretary of the board shall cause notice of the filing of such petition to be given and published once each week two successive weeks in a newspaper published in the county in which said municipality is situated, which notice shall state the filing of such petition and give …
Neb. Rev. Stat. § 46-547 Water service; petition; hearing; order.
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The board at the time and place mentioned in the notice, or at such time or times to which the hearing of the petition may adjourn, shall proceed to hear the petition and objections thereto presented in writing by any person showing cause as aforesaid why the petition should not …
Neb. Rev. Stat. § 46-548 Special assessments; Class C; water service; petition; contract.
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To levy and collect special assessments upon lands under Class C as herein provided, the board shall make contracts for water service with each of the petitioning irrigation districts within the district in the manner as hereinafter provided and shall fix and determine the rate o…
Neb. Rev. Stat. § 46-549 Water service; petition; notice; hearing; order; assessment; collection.
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The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause…
Neb. Rev. Stat. § 46-550 Special assessments; Class D; water service; petition; contract.
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To levy and collect special assessments upon lands under Class D as herein provided, the board shall make contracts for water service with petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, and shall fix a…
Neb. Rev. Stat. § 46-551 Water service; petition; order; contents.
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The board may, in its discretion, accept or reject the said petition. If it deems it for the best interest of the district that said petition be granted, it shall enter an order granting the said petition and from and after such order, the said petitioner shall be deemed to have …
Neb. Rev. Stat. § 46-552 Water service; petition; notice; hearing; order.
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The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause…
Neb. Rev. Stat. § 46-553 Annual assessments; levy; limitations; additional levy.
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The board in making the annual assessments and levies as provided in the Reclamation Act shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, the maturing of bonds and interest on all bonds, and deficiencies and defaults of prior ye…
Neb. Rev. Stat. § 46-554 Annual assessments; levy; objections; hearing; order; appeal.
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Prior to the first day of July of any year in which assessments are made under the authority of sections 46-544 to 46-553, the board shall appoint a time and place or places where it will meet within the district for the purpose of hearing objections to assessments. Prior notice …
Neb. Rev. Stat. § 46-555 Taxes; levy; lien; collection.
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It shall be the duty of the officer or body having authority to levy taxes within each county, city and county, or village, to levy the taxes and special assessments as provided in sections 46-501 to 46-573 and it shall be the duty of all county, or city and county officials, cha…
Neb. Rev. Stat. § 46-556 Taxes; levy; delinquent; sale.
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If the taxes, assessments, or taxes and assessments, levied are not paid when due as herein provided, then the real property shall be sold at the regular tax sale for the payment of the taxes and assessments, interest, and penalties, in the manner provided by the statutes of the …
Neb. Rev. Stat. § 46-557 Taxes; levy; political subdivisions; exemption.
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All property of whatever kind and nature owned by the state and by villages, cities, school districts, drainage districts, irrigation districts, park districts, water districts, or any other governmental agency or agencies within the said reclamation district, shall be exempt fro…
Neb. Rev. Stat. § 46-558 Water; contract; security for payment.
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The board may enter into contracts for water service with persons, mutual ditch companies, water users' associations and other private corporations for irrigation or commercial use as shall be provided by contracts in writing authorized and entered into by the board; and the boar…
Neb. Rev. Stat. § 46-559 District; indebtedness; levy of assessments.
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Whenever a contract of indebtedness has been created by the district, it shall be lawful for the board to make the levy of taxes and special assessments in such amount as will create a surplus of funds to meet the annual installments of indebtedness or the payment of bonds and in…
Neb. Rev. Stat. § 46-560 Directors; board; powers.
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The board shall have the following powers concerning the management, control, delivery, use and distribution of water by the district, to wit: (1) To make and enforce all reasonable rules and regulations for the management, control, delivery, use and distribution of water; (2) To…
Neb. Rev. Stat. § 46-561 District; boundaries; change.
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The boundaries of any district organized under the provisions of sections 46-501 to 46-573 may be changed in the manner herein prescribed, but the changes of boundaries of the district shall not impair or affect its organization, its right in or to property, or any of its rights …
Neb. Rev. Stat. § 46-562 District; petition to exclude land; contents; notice; objections; hearing; order; appeal.
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The owner or owners in fee of any lands constituting a portion of the district, which lands are not within the corporate limits of any city or village, may file with the board a petition praying that such lands be excluded and taken from the district. It shall describe the lands …
Neb. Rev. Stat. § 46-563 Construction, operation, and maintenance; contract with federal government for payment; bonds; term; execution; interest; exempt from taxes.
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To pay for construction, operation and maintenance of said works and expenses preliminary and incidental thereto, the board is hereby authorized to enter into contract with the United States or any agency thereof, providing for payment in installments or to issue negotiable bonds…
Neb. Rev. Stat. § 46-564 Bonded indebtedness; submission to qualified electors; election.
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Whenever the board incorporated under sections 46-501 to 46-573 shall, by resolution adopted by a majority of the said board, determine that the interests of said district and the public interest or necessity demand the acquisition, construction or completion of any source of wat…
Neb. Rev. Stat. § 46-565 Bonded indebtedness; election; notice.
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The resolution provided in section 46-564 shall be published once a week two consecutive weeks, the last publication of which shall be at least ten days prior to the date set for said election, in a newspaper of general circulation printed and published within the district, and n…