Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-566 Bonded indebtedness; election; conduct; proclamation.
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The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not ear…
Neb. Rev. Stat. § 46-567 Bonded indebtedness; bonds; issuance; sale.
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In the event that it shall appear from said returns that a majority of said qualified electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such…
Neb. Rev. Stat. § 46-567.01 Revenue bonds; interest; issuance; sale.
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In addition to the authority to issue bonds provided by sections 46-563 to 46-567, the board is hereby authorized to issue revenue bonds for any corporate purpose for the payment of which the board is authorized to pledge only the revenue, income, receipts, and profits derived by…
Neb. Rev. Stat. § 46-567.02 Revenue bonds; rates; charges; purpose.
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Whenever revenue bonds have been authorized and issued under the provisions of section 46-567.01, the board is hereby authorized and directed to fix rates and charges for the sale of power and energy, water for domestic and irrigation uses and all other services furnished, sold, …
Neb. Rev. Stat. § 46-567.03 Revenue bonds; registration; effect.
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All bonds issued pursuant to the provisions of sections 46-567.01 to 46-567.06 and registered by the county treasurer, provided in section 46-567.01, shall bear a certificate evidencing such registration endorsed thereon. It shall be signed by the county treasurer or a deputy and…
Neb. Rev. Stat. § 46-567.04 Revenue bonds; negotiable instruments; authorized investments.
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All bonds issued under the authority of sections 46-567.01 to 46-567.06 are hereby declared to be negotiable instruments under the law merchant and are hereby made securities in which all state and municipal officers and bodies, all banks, bankers, trust companies, savings banks,…
Neb. Rev. Stat. § 46-567.05 Districts organized; elections held; proceedings of directors; taxes levied; validated.
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All districts heretofore organized under the authority of Chapter 46, article 5, Revised Statutes Supplement, 1949, and all elections and proceedings heretofore held and taken by the boards of directors of the districts, including the levy of taxes pursuant to the provisions here…
Neb. Rev. Stat. § 46-567.06 District; levy of taxes; Class A; issuance of warrants; interest; limitation.
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Whenever a district has been authorized to levy Class A taxes, the board may borrow money in anticipation of the collection of such taxes for which a levy has been made to the extent of ninety percent thereof, and may issue negotiable warrants to evidence such loans payable in no…
Neb. Rev. Stat. § 46-568 Directors; petition for determination of power; notice; hearing; order; appeal.
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The board may at any time file a petition in the court, praying a judicial examination and determination of (1) any power conferred hereby by any amendment hereto, (2) any tax or assessment levied, or (3) any act, proceeding, or contract of the district, whether or not the contra…
Neb. Rev. Stat. § 46-569 Notice; defective; effect.
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In any and every case where a notice is provided for in sections 46-501 to 46-573, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court …
Neb. Rev. Stat. § 46-570 Organization; validity; hearing.
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All cases in which there may arise a question of the validity of the organization of a reclamation district, or a question of the validity of any proceeding under sections 46-501 to 46-573 shall be advanced as a matter of immediate public interest and concern, and heard at the ea…
Neb. Rev. Stat. § 46-571 Sections, how construed.
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Sections 46-501 to 46-573, being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, shall be liberally construed to effect the purposes of sections 46-501 to 46-573.
Neb. Rev. Stat. § 46-572 Sections; severability; validity.
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Should the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, phrase, or part thereof, of sections 46-501 to 46-573 invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, ph…
Neb. Rev. Stat. § 46-573 District; laws applicable.
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All power plants and systems and all irrigation works constructed or otherwise acquired or used or operated by any reclamation district under the provisions of sections 46-501 to 46-573 or proposed by such districts to be so constructed, acquired, owned, used or operated, are her…
Neb. Rev. Stat. § 46-574 Boundaries; change; no impairment of rights; petition; contents.
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The boundaries of any reclamation district now or hereafter organized under Chapter 46, article 5, may be changed and tracts of land included within the boundaries of such district in the manner prescribed by sections 46-574 to 46-584, but the changes of boundaries of the distric…
Neb. Rev. Stat. § 46-575 Boundaries; change; petition; bond.
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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 board of directors of such district to pay all expenses connected wit…
Neb. Rev. Stat. § 46-576 Boundaries; change; petition; board of directors; fix time and place of hearing.
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Immediately after the filing of the petition as provided in section 46-575, the board of directors of such district shall (1) by order fix a place and time, not less than ninety days nor more than one hundred twenty days after the petition is filed, for hearing thereon, (2) cause…
Neb. Rev. Stat. § 46-577 Boundaries; change; protesting petition; requirements.
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At any time after the filing of a petition for the annexation of any tract or tracts of land to an existing reclamation district and not less than thirty days prior to the time fixed by the order of the board of directors of such district for the hearing upon said petition, and n…
Neb. Rev. Stat. § 46-578 Boundaries; change; protest petition; disqualification of signer.
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Any person who signs a petition for the annexation of any tract or tracts of land to such district as the owner of any land shall be disqualified to sign a protest petition.
Neb. Rev. Stat. § 46-579 Boundaries; change; protest petition; when dismissed.
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Upon the day set for the hearing upon the original petition for the annexation of any tract or tracts of land to such district, if it shall appear to the board of directors of such district from such evidence as may be adduced by any party in interest, that the protesting petitio…
Neb. Rev. Stat. § 46-580 Boundaries; change; protest petition; requisite number of signers; dismissal of original petition.
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If the board of directors of such district shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands, the board of directors of such district shall forthwith dismiss the original petition praying for the annexation of the tract…
Neb. Rev. Stat. § 46-581 Boundaries; change; objections.
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Any owner of real property in the tract or tracts of land to be annexed to such district who did not individually sign a petition for the annexation of the tract or tracts of land to such district and who desires to object to the annexation of the tract or tracts of land to such …
Neb. Rev. Stat. § 46-582 Boundaries; change; objections; hearing.
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Such objection shall be heard by the board of directors without unnecessary delay.
Neb. Rev. Stat. § 46-583 Boundaries; change; hearing; election; final order; filed with Chief Water Officer.
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At the hearing, if the board of directors of such district deems it not for the best interest of such district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, the board of directors of such district shall order that the petiti…
Neb. Rev. Stat. § 46-584 Boundaries; change; decree; determination; directors; terms of office.
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Upon the entry of the final order as mentioned in section 46-583, and as soon thereafter as is practical, the board of directors of such district may determine the boundaries of each or of all the subdivisions, and make such adjustments and changes in the boundaries of such subdi…
Neb. Rev. Stat. § 46-585 Fiscal year, defined; audit; Auditor of Public Accounts; form; prescribe; filing; time.
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The fiscal year of a reclamation district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records and financial affairs of the district to be made by a certified public accountant or firm of s…
Neb. Rev. Stat. § 46-586 Audit; contents.
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In each reclamation district in Nebraska, the Auditor of Public Accounts shall cause the books of account kept by the board of directors of such districts to be examined and audited. Such audits shall show (1) the gross income from all sources of the district for the year previou…
Neb. Rev. Stat. § 46-587 Audit; information made available.
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The audit and report shall be made at the close of the fiscal year. The person making the examination and audit shall have access to all books, records, vouchers, papers, contracts or other data containing information on said subject (1) in the office of the reclamation district,…
Neb. Rev. Stat. § 46-601 Ground water; declaration of policy.
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The Legislature finds, recognizes, and declares that the conservation of ground water and the beneficial use thereof are essential to the future well-being of this state. Complete information as to the occurrence and the use of ground water in the state is essential to the develo…
Neb. Rev. Stat. § 46-601.01 Terms, defined.
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For purposes of Chapter 46, article 6: (1) Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment; (2) Common carrier means any carrier of water including a pipe, canal, ditch, or other means of piping or adjoining water for irrigati…
Neb. Rev. Stat. § 46-602 Registration of water wells; forms; replacement; change in ownership; illegal water well; decommissioning required.
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(1) Each water well completed in this state on or after July 1, 2001, excluding test holes and dewatering wells to be used for less than ninety days, shall be registered with the department as provided in this section within sixty days after completion of construction of the wate…
Neb. Rev. Stat. § 46-602.01 Water well in management area; duties; prohibited acts; penalty.
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Prior to commencing construction of or installation of a pump in a water well in a management area or completing a notice of modification and change of use in lieu of decommissioning of a water well as part of a water well replacement procedure, a licensed water well contractor a…
Repealed. Laws 1993, LB 131, § 65.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-604 Registration form; copies; disposition.
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The department shall retain the registration form required by section 46-602 and shall make a copy available to the natural resources district within which the water well is located, to the owner of the water well, and to the licensed water well contractor as defined in section 4…
Repealed. Laws 1986, LB 886, § 6.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-606 Water wells; registration fees; disposition.
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(1) The department shall collect in advance a registration fee of two hundred dollars and the fee required by subsection (3) of section 46-1224 for each water well registered under section 46-602 except as provided in subsections (2) through (5) of this section. (2) For water wel…
Repealed. Laws 1993, LB 131, § 65.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-608 Ground water; conservation; declaration of policy.
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The Legislature finds, recognizes, and declares that the conservation of ground water and the beneficial use thereof are essential to the future well-being of this state, that the drilling of irrigation water wells in the state without regard to spacing is detrimental to the publ…
Neb. Rev. Stat. § 46-609 Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.
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(1) Except as otherwise provided by this section or section 46-610, no irrigation water well shall be constructed upon any land in this state within six hundred feet of any registered irrigation water well and no existing nonirrigation water well within six hundred feet of any re…
Neb. Rev. Stat. § 46-610 Irrigation water wells; special permit to drill without regard to spacing; application; fee.
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(1) Any person may apply to the Chief Water Officer for a special permit to drill an irrigation water well without regard to the spacing requirements of section 46-609 and shall pay a fee to the Chief Water Officer of twelve dollars and fifty cents, which fee shall be remitted to…
Neb. Rev. Stat. § 46-611 Irrigation water wells; spacing requirements not applicable; when.
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The prohibitions of section 46-609 shall not apply to the location of more than one irrigation water well by a landowner on his or her own farm, so long as each such irrigation water well is at least six hundred feet from any other irrigation water well located on a neighboring f…
Repealed. Laws 1993, LB 131, § 65.
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[Repealed or reserved.]
Transferred to section 46-1127.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-613 Ground water; declaration of policy; preference in use.
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Preference in the use of ground water shall be given to those using the water for domestic purposes. They shall have preference over those claiming it for any other purpose. Those using the water for agricultural purposes shall have the preference over those using the same for ma…
Neb. Rev. Stat. § 46-613.01 Ground water; transfer to another state; permit; Chief Water Officer; issuance; conditions.
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The Legislature recognizes and declares that the maintenance of an adequate source of ground water within this state is essential to the social stability of the state and the health, safety, and welfare of its citizens and that reasonable restrictions on the transportation of gro…
Neb. Rev. Stat. § 46-613.02 Violation; penalty; false information; enforcement.
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Any person violating any provision of sections 46-601 to 46-613.01 or furnishing false information under such sections shall be guilty of a Class IV misdemeanor. Each day of a violation may be considered a separate offense. The Attorney General and the county attorneys may pursue…
Repealed. Laws 1998, LB 896, § 11.
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[Repealed or reserved.]
Repealed. Laws 1998, LB 896, § 11.
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[Repealed or reserved.]
Repealed. Laws 1998, LB 896, § 11.
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[Repealed or reserved.]
Repealed. Laws 1998, LB 896, § 11.
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[Repealed or reserved.]