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347 sections in this chapter.
Neb. Rev. Stat. § 70-630 Water storage or service; contract required; conditions.
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No person, irrigation district or irrigation company shall be liable for the payment of any rent or charge for water storage or service unless a contract therefor has been entered into between such person, irrigation district or irrigation company, and the power and irrigation di…
Neb. Rev. Stat. § 70-631 Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.
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Any district organized under or subject to Chapter 70, article 6, shall have the power to borrow money and incur indebtedness for any corporate use or purpose upon such terms and in such manner as such district shall determine. Any and every indebtedness, liability, or obligation…
Neb. Rev. Stat. § 70-632 Indebtedness; pledge of revenue, how made.
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Any district issuing revenue debentures, notes, warrants, bonds, or other evidences of indebtedness is hereby specifically authorized and empowered to pledge all or any part of the revenue which the district may derive from the sale of electrical energy, hydrogen produced for use…
Neb. Rev. Stat. § 70-633 Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.
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Any such resolution or agreement may specify the particular revenue that is pledged and the terms and conditions to be performed by the district and the rights of the holders of such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness, and may provide f…
Neb. Rev. Stat. § 70-634 Pledge of revenue; provision for refunding indebtedness.
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Such resolution or agreement may further provide for the refunding of any such revenue debentures, notes, warrants, bonds or other evidences of indebtedness, through the issuance of other revenue debentures, notes, warrants, bonds or other evidences of indebtedness, entitled to r…
Neb. Rev. Stat. § 70-635 Pledge of revenue; special fund.
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Any such resolution or agreement may provide that all or any part of the revenue of the district shall be paid into a special fund, and may set forth all the terms and conditions on which such special fund is to be collected, held and disposed of, whether partly or wholly for the…
Neb. Rev. Stat. § 70-636 District; rates; agreement with security holders.
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The directors of any district organized under or subject to Chapter 70, article 6, are authorized to agree with the holders of any such revenue debentures, notes, warrants, bonds, or other evidences of indebtedness as to the maximum or minimum amounts which such district shall ch…
Neb. Rev. Stat. § 70-637 Construction, repairs, and improvements; contracts; sealed bids; exceptions; notice; when.
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(1) A district shall cause estimates of the costs to be made by some competent engineer or engineers before the district enters into any contract for: (a) The construction, reconstruction, remodeling, building, alteration, maintenance, repair, extension, or improvement, for the u…
Neb. Rev. Stat. § 70-638 Contracts; sealed bids; advertisement.
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Prior to advertisement for sealed bids, plans and specifications for the proposed work or materials shall be prepared and filed at the principal office or place of business of the district. Such advertisement shall be made in three issues, not less than seven days between issues,…
Neb. Rev. Stat. § 70-639 Letting of contracts; considerations.
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The board of directors of the district may let the contract for such work or materials to the responsible bidder who submits the lowest and best bid or, in the sole discretion of the board, all bids tendered may be rejected, and readvertisement for bids made, in the manner, form,…
Neb. Rev. Stat. § 70-640 Contracts; Nebraska workmen preferred.
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Such contract shall provide that, wherever possible, workmen who are citizens of Nebraska shall be employed by the contractor.
Neb. Rev. Stat. § 70-641 Contracts; bonds; laws applicable.
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All provisions of section 52-118, with reference to contractors' bonds, shall be applicable and effective as to any contract let pursuant to the provisions of sections 70-637 to 70-640, except that with respect to any electric generating facility, the penal sum of any contractor'…
Neb. Rev. Stat. § 70-642 Damage, injury, or impairment to district property; emergencies; procedure.
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In the event of sudden or unexpected damage, injury or impairment of such plant, works, system, or other property belonging to the district, or an order of a regulatory body which would prevent compliance with section 70-637, the board of directors may, in its discretion, declare…
Neb. Rev. Stat. § 70-642.01 Conditions created by war or national defense; contracting requirements inapplicable.
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When, by reason of disturbed or disrupted economic conditions due to the prosecution of war or due to the operation of laws, rules or regulations of governmental authorities, whether enacted, passed, promulgated or issued under or due to the emergency or necessities of war or nat…
Neb. Rev. Stat. § 70-643 District; funds; how expended; bond, when required.
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(1) Money of the district shall be paid out or expended only upon the authorization or approval of the board of directors by specific agreement, a written contract, or by a resolution. All money of the district shall be paid out or expended only by check, draft, warrant, or other…
Neb. Rev. Stat. § 70-644 District facilities and property; mortgage authorized; when.
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No power plant, system, or irrigation works owned by a district shall be sold, alienated or mortgaged by such district, except under the circumstances set forth in this section and sections 70-645 to 70-653.02. If, in order to borrow money from the federal government, the Rural E…
Neb. Rev. Stat. § 70-645 Pledge of revenue; authorized; when.
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Nothing in sections 70-644 to 70-653.02 contained shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenue, incomes, receipts, or profits to secure the payment of indebtedness to the federal government; Provided, that the State of Nebraska shal…
Neb. Rev. Stat. § 70-646.01 District property; alienation to private power producers prohibited; exceptions.
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Except as provided in sections 18-412.07 to 18-412.09, 70-628.02 to 70-628.04, or 70-644 to 70-653.02, the plant, property, or equipment of a public power district shall never, by sale under foreclosure, receivership, bankruptcy proceedings, outright sale, or lease, become the pr…
Neb. Rev. Stat. § 70-647 Indebtedness; default; possession by creditors; agreement authorized; terms; property restored to district; when.
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In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any district organized under or subject to Chapter 70, article 6, each such district may agree with suc…
Neb. Rev. Stat. § 70-648 Receivership; when authorized; discharge of receiver; when.
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The board of directors of any district organized under or subject to Chapter 70, article 6, issuing revenue debentures, notes, warrants, or other evidences of indebtedness is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in…
Neb. Rev. Stat. § 70-649 Plant and system; sale to public agency; authorized; transfer of distribution facilities; restrictions; exception.
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Any public power district or public power and irrigation district may sell to any public power district, public power and irrigation district, irrigation district, city or village, any power plant, electric generating plant, electric distribution system, or any parts thereof, for…
Neb. Rev. Stat. § 70-650 Plant and system; sale to city or village; when required; valuation and severance damages; procedure.
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Whenever any public power district or public power and irrigation district shall, as herein provided, acquire, by purchase, lease, or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within any city or village, if any part of su…
Neb. Rev. Stat. § 70-650.01 Electric distribution system; city or village; conveyed on request; when; notice required; referendum.
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Except as provided in sections 70-1101 to 70-1106, whenever any public power district or public power and irrigation district shall have acquired, by purchase, lease, or otherwise, any electric distribution system, or any part or parts thereof, situated within or partly within an…
Neb. Rev. Stat. § 70-651.01 Districts; payments in lieu of taxes.
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Every public power district or public power and irrigation district owning property with respect to which it made payments in lieu of taxes in the 1957 calendar year, shall, so long as it continues to own such property, continue to pay annually the same amounts in the same manner…
Neb. Rev. Stat. § 70-651.02 Districts; payments in lieu of taxes; distribution; use.
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The officer receiving payment under section 70-651.01 shall distribute to the state and to each governmental subdivision of the state entitled thereto a part of such payment equivalent to that part of the payment which it received in 1957 in lieu of taxes for property located wit…
Neb. Rev. Stat. § 70-651.03 Districts; gross revenue tax; how determined.
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Beginning in 1960, every public corporation and political subdivision of the state, which is organized primarily to provide electricity or irrigation and electricity, and which sells electricity at retail within incorporated cities or villages, shall on or before April 1, of each…
Neb. Rev. Stat. § 70-651.04 Districts; gross revenue tax; distribution.
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All payments which are based on retail revenue from each incorporated city or village shall be divided and distributed by the county treasurer to that city or village, to the school districts located in that city or village, to any learning community located in that city or villa…
Neb. Rev. Stat. § 70-651.05 Public power districts; payment made in lieu of other taxes and fees; exceptions.
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All payments made under sections 70-651.01 to 70-651.05 shall be in lieu of all other taxes, payments in lieu of taxes, franchise payments, occupation taxes, and excise taxes but shall not be in lieu of motor vehicle licenses and wheel taxes, permit fees, fuel taxes, and other su…
Neb. Rev. Stat. § 70-653.01 Electric distribution system; purchase by city or village; payment in lieu of taxes.
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Any city or village which has purchased or acquired before June 10, 1947, the plant or property of an existing electric distribution system furnishing electric energy for heat, light, power or other purposes for use within such city or village from any public power district or pu…
Neb. Rev. Stat. § 70-653.02 Cities and villages; payment in lieu of taxes; how paid.
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All sums of money to be paid by such cities or villages in lieu of taxes may be paid at the times, places, and to the tax-collecting officers, as now or may hereafter be provided by law for the payment of taxes, as long as such city or village shall continue to be the owner of su…
Neb. Rev. Stat. § 70-655 Reasonable rates required; negotiated rates authorized; conditions.
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(1) Except as otherwise provided in this section, the board of directors of any district organized under or subject to Chapter 70, article 6, shall have the power and be required to fix, establish, and collect adequate rates, tolls, rents, and other charges for electrical energy,…
Neb. Rev. Stat. § 70-658 Existing utility; lease, purchase, or acquisition by district; franchise and contracts; compliance required.
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In the event that any such district shall lease, purchase or acquire, in any manner, the generating plant, distribution system or other property of an existing utility then or theretofore furnishing electrical energy for heat, light, power, or other purposes, for the use or benef…
Neb. Rev. Stat. § 70-659 Operation within city or village by district; franchise required.
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Any such district shall be required at all times to have a valid and subsisting franchise, either running to it as original grantee from such city or village, or assigned to it by or through a grantee of the city or village, if such district proposes to generate, distribute and s…
Neb. Rev. Stat. § 70-660 Franchise to operate utility; terms and conditions; rates prescribed.
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All franchises granted by a city or village to any such district, to operate such district's electric utility or utilities within the corporate limits of such city or village, may provide the maximum rates that may be charged by such district for furnishing electrical energy to s…
Neb. Rev. Stat. § 70-661 Contracts with city or village; terms and conditions.
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Contracts, other than franchises, which such city or village is empowered to make with any such district to furnish such city or village, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such city or village is…
Neb. Rev. Stat. § 70-662 District; filings; amendments to petition for creation; amendments to charter; authorized; restriction.
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(1) A petition for the creation of a district organized under or subject to the provisions of Chapter 70, article 6, may be amended as provided in this section. Any district, now existing or hereafter created under or subject to Chapter 70, article 6, may file with the Nebraska P…
Neb. Rev. Stat. § 70-663 Amendment; approval procedure.
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Upon authorization as provided in section 70-662, the proposed amendment shall thereupon be submitted to the Nebraska Power Review Board, together with a petition setting forth the reasons for the adoption of such amendment, and requesting that the same be approved. The Nebraska …
Neb. Rev. Stat. § 70-664 Amendment; board approval; certificate; filing.
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Unless it shall appear affirmatively that the adoption of such proposed amendment will be contrary to the best interests of such district, or that it will jeopardize and impair the rights of the creditors of such districts, or of other persons, the Nebraska Power Review Board sha…
Neb. Rev. Stat. § 70-665 Amendment; when effective.
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Such proposed amendment shall become effective and in full force immediately upon the issuance of such certificate of approval by the Nebraska Power Review Board. Thereupon and thereafter the district shall, as in case of the original district, be a public corporation and politic…
Neb. Rev. Stat. § 70-666 Dissolution; procedure.
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Whenever a petition signed by a majority of the members of the board of directors or by twenty-five or more qualified electors of the state residing within the territorial boundaries of any district organized under or subject to Chapter 70, article 6, shall be presented to the Ne…
Neb. Rev. Stat. § 70-667 Plants, systems, and works; construction or operation; works of internal improvement; laws applicable; eminent domain; procedure; when available.
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All power plants and systems, all hydrogen production, storage, or distribution systems, all ethanol production or distribution systems, and all irrigation works constructed, acquired, used, or operated by any district organized under or subject to Chapter 70, article 6, or propo…
Neb. Rev. Stat. § 70-668 Streams; water rights; priority.
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In applying the provisions of law relating to the appropriation of water, priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to…
Neb. Rev. Stat. § 70-669 Streams; inferior rights; acquired by superior right; how compensated.
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No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power whi…
Neb. Rev. Stat. § 70-670 Eminent domain; procedure; duties of Attorney General; costs; certain property not subject to eminent domain; conditions.
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(1) In addition to any other rights and powers conferred upon any district organized under or subject to Chapter 70, article 6, each such district shall have and exercise the power of eminent domain to acquire from any person, firm, association, or private corporation any and all…
Neb. Rev. Stat. § 70-671 District; breaks, overflow, and seepage; liability.
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Any such district shall be liable for all breaks, overflow and seepage damage. Damages from seepage shall be recoverable when and if it accrues.
Neb. Rev. Stat. § 70-672 Water rights; eminent domain; condemnation; procedure.
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Whenever the directors of an irrigation district vote to acquire and appropriate by the exercise of the power of eminent domain any water being used for power purposes, or whenever any person, firm, association, corporation, or organization seeks to acquire any water being used f…
Neb. Rev. Stat. § 70-673 Competitive or proprietary information; withheld; when; procedures applicable.
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(1) Notwithstanding any other provision of law, the public power industry as defined in section 70-601 and the Nebraska Power Review Board may withhold competitive or proprietary information which would give an advantage to business competitors. Competitive information is informa…
Neb. Rev. Stat. § 70-680 Judicial proceedings; bond not required, when.
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No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any district organized under or subject to Chapter 70, article 6, or of any officer, board, head of any department, agent, or employee of such district in any proceeding or court action in whic…
Neb. Rev. Stat. § 70-681 Districts existing on August 30, 2009; director holding office when charter amended; how treated.
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In order to provide for orderly compliance with Chapter 70, article 6, districts existing on August 30, 2009, are hereby deemed to be properly constituted and incorporated and their directors duly elected and, notwithstanding any other provision of law, a district shall not be re…
Neb. Rev. Stat. § 70-682 Generating power agency; authority to engage in commodity futures financial hedging transactions; procedure; limitation.
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(1) For purposes of this section: (a) Generating power agency has the same meaning as in Chapter 70, article 6; and (b) Regional transmission organization has the same meaning as in section 70-1001.01. (2) Any generating power agency buying or selling fuel, power, or energy which…