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732 sections in this chapter.
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…
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…
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…
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…
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…
Neb. Rev. Stat. § 46-635 Ground water, defined.
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Ground water is that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.
Neb. Rev. Stat. § 46-635.01 Water well, defined.
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For purposes of sections 46-636 and 46-637, water well shall have the same meaning as in section 46-601.01.
Neb. Rev. Stat. § 46-636 Pumping for irrigation purposes; Legislature; finding.
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The Legislature finds that the pumping of water for irrigation purposes from water wells located within fifty feet of the bank of a channel of any natural stream may have a direct effect on the surface flow of such stream.
Neb. Rev. Stat. § 46-637 Pumping for irrigation purposes; permit; application; approval by Chief Water Officer.
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The use of water described in section 46-636 may only be made after securing a permit from the Chief Water Officer for such use. In approving or disapproving applications for such permits, the Chief Water Officer shall take into account the effect that such pumping may have on th…
Neb. Rev. Stat. § 46-638 Terms, defined; permits to public water suppliers; Chief Water Officer; powers.
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(1) The Chief Water Officer may grant and administer permits to public water suppliers: (a) To locate, develop, and maintain ground water supplies through water wells or other means and to transport water into the area to be served; and (b) to continue existing use of ground wate…
Neb. Rev. Stat. § 46-639 Application for permit; contents; fee.
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An applicant which desires to avail itself of the Municipal and Rural Domestic Ground Water Transfers Permit Act shall make application in writing to the Chief Water Officer for a permit. The application shall include (1) a statement of the amount of water for which a permit is d…
Neb. Rev. Stat. § 46-640 Notice of application; publication; objections; hearing.
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Upon receipt of an application filed under section 46-639, the Chief Water Officer shall cause a notice of such application to be published at the applicant's expense at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in each…
Neb. Rev. Stat. § 46-641 Application; hearing, when.
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The Chief Water Officer may hold a hearing on an application filed under section 46-639 on the Chief Water Officer's own motion and shall hold a hearing on such an application if requested by any person pursuant to section 46-640.
Neb. Rev. Stat. § 46-642 Granting of permit; conditions; priority date.
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(1) If the Chief Water Officer finds that the withdrawal and transportation of ground water requested by the applicant are reasonable, are not contrary to the conservation and beneficial use of ground water, and are not otherwise detrimental to the public welfare, he or she shall…
Neb. Rev. Stat. § 46-644 Permits; duration; revocation; procedure.
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Permits granted by the Chief Water Officer shall be valid for a period of five years after the granting of a permit and as long thereafter as the water for which the permit is granted is used. For the purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act,…
Neb. Rev. Stat. § 46-645 Recharging ground water reservoirs; permits.
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The Chief Water Officer may grant to any public water supplier permits to store excess, unused, and unappropriated water for recharging ground water reservoirs. The procedure to be followed in granting permits to utilize excess, unused, and unappropriated water for recharging gro…
Neb. Rev. Stat. § 46-646 Orders or decisions; review.
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Any person who feels aggrieved by any order or decision in connection with the granting or denial, in whole or in part, of an application for a permit or in connection with the revocation or modification of a permit may institute proceedings in the Court of Appeals in the manner …
Neb. Rev. Stat. § 46-647 Right to recover damages; power of eminent domain; not limited.
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Nothing in sections 46-638 to 46-650 shall be construed as limiting any right of an owner of an estate or interest in or concerning land to recover damage for any injury done to his or her land or to any water rights appurtenant thereto; nor shall sections 46-638 to 46-650 limit …
Neb. Rev. Stat. § 46-648 Permittee; preference in use of ground water.
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The use of ground water pursuant to a permit granted by the Chief Water Officer under the Municipal and Rural Domestic Ground Water Transfers Permit Act shall be subject to and governed by section 46-613.
Neb. Rev. Stat. § 46-649 Rules and regulations.
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The Chief Water Officer may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Neb. Rev. Stat. § 46-650 Act, how cited.
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Sections 46-638 to 46-650 shall be known and cited as the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Neb. Rev. Stat. § 46-651 Spacing of water wells; distance.
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(1) Except as provided in section 46-653 or 46-654, (a) no irrigation or industrial water well or water well of any other public water supplier shall be drilled within one thousand feet of any registered water well of any public water supplier, (b) no water well of any such publi…
Neb. Rev. Stat. § 46-653 Spacing of water wells; special permit; application; contents; fee.
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Any person may apply to the Chief Water Officer for a special permit to drill or to change the intended use of a water well without regard to the spacing requirements of section 46-651. Such application shall be on a form prescribed and furnished by the Chief Water Officer and sh…
Neb. Rev. Stat. § 46-654 Public water supplier; protections applicable; procedure.
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(1) Any public water supplier having a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act is hereby granted the protection of sections 46-651 to 46-655 for all water wells for which a permit has been or in the future is granted by the Chief Water Offi…
Neb. Rev. Stat. § 46-655 Violations; injunction.
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Any violation of the provisions of sections 46-651 to 46-655 may be enjoined in an action brought in the district court of the county in which such violation or any attempted or threatened violation occurs.
Neb. Rev. Stat. § 46-655.01 Public water supplier; notice of intent to consider wellfield; contents; effect; termination.
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(1) A public water supplier as defined in section 46-638 may obtain protection for a public water supply wellfield from encroachment from other water wells by filing with the Chief Water Officer a notice of intent to consider a wellfield. The notice of intent shall include: (a) T…
Neb. Rev. Stat. § 46-675 Legislative findings and declarations.
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The Legislature finds and declares that a permit system is necessary to protect Nebraska's ground and surface water resources and existing water users in situations where industrial users withdraw significant quantities of ground water from the aquifers of the state and in situat…
Neb. Rev. Stat. § 46-676 Definitions, where found.
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For purposes of the Industrial Ground Water Regulatory Act, the definitions found in section 46-706 are used.
Neb. Rev. Stat. § 46-676.01 Applicability of act.
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The Industrial Ground Water Regulatory Act does not apply to any public water supplier providing, or intending to provide, ground water for industrial purposes nor does the act apply to any person who is using, or intends to use, ground water for industrial purposes that is suppl…
Neb. Rev. Stat. § 46-677 Withdrawal of ground water for industrial purposes; permit required; when.
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(1) Except as provided in sections 46-676.01 and 46-678.01: (a) Any person who desires to withdraw and transfer ground water from aquifers located within the State of Nebraska for industrial purposes shall, prior to commencing construction of any water wells, obtain from the Chie…
Neb. Rev. Stat. § 46-678 Permit; application; contents.
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(1) Applications for permits required by section 46-677 shall be on forms provided by the Chief Water Officer and shall contain: (a) A statement of the amount of ground water which the applicant proposes to use; (b) A statement of the proposed use and whether the ground water wil…
Neb. Rev. Stat. § 46-678.01 Withdrawal and transfer of less than 150 acre-feet; notice; metering.
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Any person who desires to withdraw and transfer a total of less than one hundred fifty acre-feet of ground water per year from aquifers located in the State of Nebraska for industrial purposes to other property within the state which is owned or leased by such person shall provid…
Neb. Rev. Stat. § 46-679 Application; Chief Water Officer; determination as to completeness.
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Within thirty days of the receipt of an application made under section 46-677, the Chief Water Officer shall accept the application as a completed application or return the application to the applicant as an incomplete application. If the application is deemed to be incomplete, t…