reglab/housing_qa huggingface dataset:
NE Code § 46-269 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-269 - Mutual irrigation companies; recognized; bylaws; when lawful.

46-269.  Mutual irrigation companies; recognized; bylaws; when lawful.Any corporation or association organized under the laws of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation purposes, and deriving no revenue from their operation, shall be termed a mutual irrigation company, and any bylaws adopted by such company, not in conflict herewith, shall be deemed lawful and so recognized by the courts of this state; Provided, such bylaws do not impair the rights of one shareholder over another.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 24, p. 855;   C.S.1922, § 8474;   C.S.1929, § 46-624;   R.S.1943, § 46-269. Annotations  Mutual canal company possesses only those powers expressly or impliedly granted. Thirty Mile Canal Co. v. Carskadon, 160 Neb. 496, 70 N.W.2d 432 (1955). Stockholder in mutual irrigation company cannot compel company to furnish him water without payment of his share of maintenance fund. Swanger v. Porter, 87 Neb. 764, 128 N.W. 516 (1910). Duty of those in charge to operate so as to obtain profit applies to mutual irrigation company. Robbins v. Winters Creek Canal Co., 109 F.2d 849 (8th Cir. 1940).
NE Code § 46-270 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-270 - Irrigation projects; how financed.

46-270.  Irrigation projects; how financed.Any corporation or association organized under the law of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation and water power purposes shall have power to borrow money, to issue bonds, and to mortgage its property and franchises in the same manner as railroad corporations.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 25, p. 855;   Laws 1921, c. 271, § 1, p. 900;   C.S.1922, § 8475;   C.S.1929, § 46-625;   R.S.1943, § 46-270;  Laws 2000, LB 900, § 125;  Laws 2001, LB 420, § 31.  Annotations  Landowner held not liable for increase in annual maintenance charge. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952). Irrigation companies have right to mortgage property, and mortgage can be foreclosed without making water users parties to action. Almeria Irr. Canal Co. v. Tzschuck Canal Co., 67 Neb. 290, 93 N.W. 174 (1903).
NE Code § 46-271 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-271 - Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.

46-271.  Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.Any corporation or association organized under the laws of this state for the purpose of constructing or operating canals, reservoirs or other works for irrigation purposes may, through its board of directors or trustees, assess the shares, stock, or interest of the stockholders thereof for the purpose of obtaining funds to defray the necessary running expenses. Any assessments levied under this section shall become and be a lien upon the stock or interest so assessed. Such assessments shall, if not paid, become delinquent at the expiration of sixty days, and the stock or interest may be sold at public sale to satisfy such lien. Notice of such sale shall be published for three consecutive weeks prior thereto, in some newspaper published and of general circulation in the county where the office of the company is located. Upon the date mentioned in the advertisement, or upon the date to which the sale may have been adjourned, such stock or interest, or so much thereof as may be necessary to satisfy such lien and costs, shall be sold to the highest bidder for cash.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 26, p. 855;   C.S.1922, § 8476;   C.S.1929, § 46-626;   R.S.1943, § 46-271;   Laws 1996, LB 299, § 23.  Annotations  Sale of stock is only method of collection of delinquent assessments. Thirty Mile Canal Co. v. Carskadon, 160 Neb. 496, 70 N.W.2d 432 (1955). This section does not apply to annual maintenance charge against party not claiming any interest in canal or ditch. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952). Legislature cannot amend or change the law so as to make stock bought and fully paid for assessable. Enterprise Ditch Co. v. Moffitt, 58 Neb. 642, 79 N.W. 560 (1899).
NE Code § 46-272 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-272 - Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.

46-272.  Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.The county clerk is hereby authorized to accept from water users' associations, organized in conformity with the requirements of the United States under the reclamation act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and to use such books for recording the stock subscriptions of such associations. The charges for the recording thereof shall be made on the basis of the number of words actually written therein.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 29, p. 857;   C.S.1922, § 8479;   C.S.1929, § 46-629;   R.S.1943, § 46-272.
NE Code § 46-273 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-273 - Water; United States may furnish to individuals; conditions and requirements.

46-273.  Water; United States may furnish to individuals; conditions and requirements.The United States of America is hereby authorized, in conformity to the laws of the State of Nebraska, to appropriate, develop, and store any unappropriated flood or unused waters, in connection with any project constructed by the United States pursuant to the provisions of an Act of Congress approved June 17, 1902, being An Act providing for the reclamation of arid lands (32 Stat. L. 388), and all acts amendatory thereof and supplemental thereto. When the officers of the United States Bureau of Reclamation determine that any water so developed or stored is in excess of the needs of the project as then completed or is flood or unused water, the United States may contract to furnish such developed, stored, flood, or unused water, under the terms and conditions imposed by Act of Congress and the rules and regulations of the United States, to any person who may have theretofore been granted a permit to appropriate a portion of the normal flow of any stream, if the water so appropriated shall, during some portion of the year, be found insufficient for the needs of the land to which it is appurtenant. The United States and every person entering into a contract as herein provided shall have the right to conduct such water into and along any of the natural streams of the state, but not so as to raise the waters thereof above the ordinary high water mark, and may take out the same again at any point desired, without regard to the prior rights of others to water from the same stream; but due allowance shall be made for losses in transit, the amount of such allowance to be determined by the Department of Natural Resources. The department shall supervise and enforce the distribution of such water so delivered with like authority and under the same provisions as in the case of general appropriators.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 28, p. 856;   C.S.1922, § 8478;   C.S.1929, § 46-628;   R.S.1943, § 46-273;   Laws 1955, c. 183, § 5, p. 517;   Laws 1987, LB 140, § 10;  Laws 2000, LB 900, § 126.  Annotations  Contract restricting use of storage water by any one landowner to an amount sufficient to irrigate one hundred sixty acres was valid. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958). The scope of the appropriative rights in connection with a federal reclamation project are the same as those in connection with any irrigation canal, and includes the right to collect seepage waters from any parts of the lands and to reapply them upon any other lands within the project and under the appropriation. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941). Injury to reclamation service, by taking seepage water which the United States had a contract to sell, may be enjoined. Ramshorn Ditch Co. v. United States, 269 F. 80 (8th Cir. 1920).
NE Code § 46-281 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-281 - Artesian water; waste prohibited.

46-281.  Artesian water; waste prohibited.It shall be unlawful for any owner or owners, lessee or lessees, occupier or occupiers, foreman or superintendent of any farm, town lot or other real estate in the State of Nebraska, where artesian water has been found or may be found hereafter, to allow the water from wells or other borings or drillings on any farm, town lot, or other real estate in Nebraska to flow out and run to waste in any manner to exceed what will flow or run through a pipe one-half of one inch in diameter, except where the water is first used for irrigation, or to create power for milling or other mechanical purposes.Source   Laws 1897, c. 84, § 1, p. 358;   R.S.1913, § 3527;   C.S.1922, § 2927;   C.S.1929, § 46-172;   R.S.1943, § 46-281.
NE Code § 46-282 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-282 - Artesian water; waste; penalty.

46-282.  Artesian water; waste; penalty.Any person or persons who own, occupy or have control of any farm, town lot or other real estate in the State of Nebraska, who fail or refuse to close or shut off any wastage of artesian water to the amount that section 46-281 allows on any farm, town lot or other real estate which they own, occupy or have control of, after being notified in writing by any person having the benefit of such mutual artesian water supply, within forty-eight hours after such notification, shall be subject to arrest, and shall be guilty of a Class V misdemeanor; and if such wastage be not abated within twenty-four hours after such arrest and conviction, it shall be a second offense against the provisions of section 46-281 and be subject to the same fine as for the first offense. Every like offense or neglect of each twenty-four hours thereafter shall be considered an additional offense against the provisions of section 46-281.Source   Laws 1897, c. 84, § 2, p. 358;   R.S.1913, § 3528;   C.S.1922, § 2928;   C.S.1929, § 46-173;   R.S.1943, § 46-282;   Laws 1977, LB 40, § 264.
NE Code § 46-283 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-283 - Legislative findings.

46-283.  Legislative findings.The Legislature hereby finds and declares that the practice of reusing ground water from irrigation water reuse pits on irrigated land contributes to the efficient use and conservation of the state's water resources and that such reuse may be more feasible when done from irrigation water reuse pits located within ephemeral natural streams.Source   Laws 1980, LB 908, § 1;  Laws 2008, LB798, § 1.
NE Code § 46-284 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-284 - Definitions, sections found.

46-284.  Definitions, sections found.For purposes of sections 46-283 to 46-287, unless the context otherwise requires, the definitions found in sections 46-285 and 46-286 shall be used.Source  Laws 1980, LB 908, § 2.
NE Code § 46-285 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-285 - Irrigation water reuse pit, defined.

46-285.  Irrigation water reuse pit, defined.Irrigation water reuse pit shall mean an excavation constructed to capture, for reuse, runoff resulting from ground water irrigation or a structure designed for the purpose of water impoundment which is used for this same purpose so long as the capacity of the facility does not exceed fifteen acre-feet.Source  Laws 1980, LB 908, § 3.
NE Code § 46-286 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-286 - Ephemeral natural stream, defined.

46-286.  Ephemeral natural stream, defined.An ephemeral natural stream shall mean that portion of a natural stream in which water flows only after a precipitation event or when augmented by surface water runoff caused by the pumping of ground water for irrigation. The portion of a natural stream that is shown as an intermittent stream on the most recent United States Geological Survey topographic quadrangle map published prior to July 18, 2008, shall be considered an ephemeral natural stream unless the Department of Natural Resources has investigated the stream and determined that the stream or a reach of the stream is perennial or intermittent and subject to Chapter 46, article 2. The department's determination for the purposes of this section shall be adopted and promulgated in rule or regulation.Source   Laws 1980, LB 908, § 4;  Laws 2006, LB 508, § 1;  Laws 2008, LB798, § 2.
NE Code § 46-287 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-287 - Irrigation water reuse pit; reusing ground water; exempt from certain provisions.

46-287.  Irrigation water reuse pit; reusing ground water; exempt from certain provisions.Notwithstanding any other provision of law, any person intending to or in the process of reusing ground water from an irrigation water reuse pit located within an ephemeral natural stream shall be exempt from the provisions of Chapter 46, article 2, which would otherwise apply to such pits, and from the provisions of section 46-637.Source   Laws 1980, LB 908, § 5;  Laws 2008, LB798, § 3.
NE Code § 46-288 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-288 - Interbasin transfers; terms, defined.

46-288.  Interbasin transfers; terms, defined.For purposes of this section and section 46-289, unless the context otherwise requires:(1) Basin of origin shall mean the river basin in which the point or proposed point of diversion of water is located;(2) Beneficial use shall include, but not be limited to, reasonable and efficient use of water for domestic, municipal, agricultural, industrial, commercial, power production, subirrigation, fish and wildlife, ground water recharge, interstate compact, water quality maintenance, or recreational purposes. Nothing in this subdivision shall be construed to affect the preferences for use of surface water as provided in section 46-204;(3) Interbasin transfer shall mean the diversion of water in one river basin and the transportation of such water to another river basin for storage or utilization for a beneficial use; and(4) River basin shall mean any of the following natural hydrologic basins of the state as shown on maps located in the Department of Natural Resources: (a) The White River and Hat Creek basin; (b) the Niobrara River basin; (c) the Platte River basin, including the North Platte and South Platte River basins, except that for purposes of transfer between the North and South Platte River basins each shall be considered a separate river basin; (d) the Loup River basin; (e) the Elkhorn River basin; (f) the Republican River basin; (g) the Little Blue River basin; (h) the Big Blue River basin; (i) the Nemaha River basin; and (j) the Missouri tributaries basin.Source   Laws 1981, LB 252, § 5;   Laws 1993, LB 789, § 3;  Laws 2000, LB 900, § 129.
NE Code § 46-289 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-289 - Legislative findings; interbasin transfers; application for water; factors considered; order issued.

46-289.  Legislative findings; interbasin transfers; application for water; factors considered; order issued.The Legislature finds, recognizes, and declares that the transfer of water to outside the boundaries of a river basin may have impacts on the water and other resources in the basin and that such impacts differ from those caused by uses of water within the same basin in part because any unused water will not be returned to the stream from which it is taken for further use in that river basin. The Legislature therefor recognizes the need to delineate factors for consideration by the Director of Natural Resources when evaluating an application made pursuant to section 46-233 which involves an interbasin transfer of water in order to determine whether denial of such application is demanded by the public interest. Those considerations shall include, but not be limited to, the following factors:(1) The economic, environmental, and other benefits of the proposed interbasin transfer and use;(2) Any adverse impacts of the proposed interbasin transfer and use;(3) Any current beneficial uses being made of the unappropriated water in the basin of origin;(4) Any reasonably foreseeable future beneficial uses of the water in the basin of origin;(5) The economic, environmental, and other benefits of leaving the water in the basin of origin for current or future beneficial uses;(6) Alternative sources of water supply available to the applicant; and(7) Alternative sources of water available to the basin of origin for future beneficial uses.The application shall be deemed in the public interest if the overall benefits to the state and the applicant's basin are greater than or equal to the adverse impacts to the state and the basin of origin. The director's order granting or denying an application shall specify the reasons for such action, including a discussion of the required factors for consideration, and shall document such decision by reference to the hearing record, if any, and to any other sources used by the director in making the decision.Source   Laws 1981, LB 252, § 6;   Laws 1986, LB 309, § 2;  Laws 2000, LB 900, § 130.  Annotations  The provisions of this section are not applicable to instream flow applications. Central Platte NRD v. State of Wyoming, 245 Neb. 439, 513 N.W.2d 847 (1994). This statute establishes a procedure to be followed in determining whether an appropriation application must be denied. Little Blue N.R.D. v. Lower Platte North N.R.D., 210 Neb. 862, 317 N.W.2d 726 (1982).
NE Code § 46-292 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-292 - Application; hearing.

46-292.  Application; hearing.The Department of Natural Resources may hold a hearing on an application filed under section 46-290 on its own motion and shall hold a hearing if a timely request therefor is filed by any interested person in accordance with section 46-291. Any such hearing shall be subject to section 61-206.Source   Laws 1983, LB 21, § 4;  Laws 2000, LB 900, § 133;  Laws 2004, LB 962, § 18.
NE Code § 46-293 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-293 - Application; review; Director of Natural Resources; powers.

46-293.  Application; review; Director of Natural Resources; powers.(1) The Director of Natural Resources shall independently review each application subject to subsection (2) of section 46-291 to determine whether the requirements of section 46-294 will be met if the transfer or change is approved. The requirement of this subsection is not altered when there are objectors who have become parties to the proposed transfer or change, but if a hearing is called by the Department of Natural Resources on its own motion or as the result of a request therefor filed in accordance with subsection (4) of section 46-291, any evidence considered by the director in making such determinations shall be made a part of the record of the hearing as provided in section 84-914.(2) Either on his or her own motion or in response to objections or comments received pursuant to subsection (4) or (5) of section 46-291, the director may require the applicant to provide additional information before a hearing will be scheduled or, if no hearing is to be held, before the application will receive further consideration. The information requested may include economic, social, or environmental impact analyses of the proposed transfer or change, information about the amount of water historically consumed under the appropriation, copies of any plans for mitigation of any anticipated adverse impacts that would result from the proposed transfer or change, and such other information as the director deems necessary in order to determine whether the proposed transfer or change is consistent with section 46-294.Source   Laws 1983, LB 21, § 5;  Laws 2000, LB 900, § 134;  Laws 2004, LB 962, § 19.
NE Code § 46-294.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-294.01 - Appropriation; temporary transfer; filings required.

46-294.01.  Appropriation; temporary transfer; filings required.Whenever a temporary transfer is approved in accordance with sections 46-290 to 46-294, the applicant shall, within sixty days after the order of approval of the Department of Natural Resources, cause copies of the following to be filed with the county clerk or register of deeds of the county in which the land subject to the appropriation prior to the transfer is located: (1) The permit by which the appropriation was established; (2) the agreement by which the temporary transfer is to be effected; and (3) the order of the Director of Natural Resources approving the temporary transfer. Whenever renewal of a temporary transfer is approved pursuant to section 46-294.02, the applicant shall, within sixty days after such approval, cause a copy of the order of the director approving such renewal to be filed with the county clerk or register of deeds of such county. Such documents shall be indexed to the land subject to the appropriation prior to the transfer. The applicant shall file with the department, within ninety days after the department's order of approval, proof of filing with the county clerk or register of deeds. Failure to file such proof of filing within such ninety-day time period shall be grounds for the director to negate any prior approval of the transfer or renewal.Source  Laws 2004, LB 962, § 21;  Laws 2006, LB 1226, § 12.
NE Code § 46-294.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-294.02 - Appropriation; temporary transfer or change; renewal or extension.

46-294.02.  Appropriation; temporary transfer or change; renewal or extension.A temporary transfer or a change in the type or purpose of use of an appropriation may be renewed or otherwise extended by the parties thereto at any time following the midpoint of the transfer or change term, but any such renewal or extension is subject to review and approval pursuant to sections 46-290 to 46-294. No renewal or extension shall cause the term of any such temporary transfer or change to exceed thirty years in duration from the date the renewal or extension is approved by the Director of Natural Resources.Source Laws 2004, LB 962, § 22.
NE Code § 46-294.03 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-294.03 - Appropriation; temporary transfer or change; effect on classification and valuation.

46-294.03.  Appropriation; temporary transfer or change; effect on classification and valuation.For purposes of assessment pursuant to sections 77-1343 to 77-1363, neither the temporary transfer or change of an appropriation nor any resulting land-use changes on the land to which the appropriation was appurtenant prior to the transfer or change shall cause the land to be reclassified to a lower value use or the valuation of the land to be reduced, but the land may be reclassified to a higher value use and its valuation may be increased if a higher value use is made of the land while the temporary transfer or change is in effect. Land from which an appropriation has been permanently transferred shall be classified and valued for tax purposes in accordance with the use of the land after the transfer.Source Laws 2004, LB 962, § 23.