reglab/housing_qa huggingface dataset:
NE Code § 46-249 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-249 - Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.

46-249.  Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.There is hereby granted, over all the lands now or hereafter belonging to the State of Nebraska, except school lands held in trust by the Board of Educational Lands and Funds, a right-of-way for ditches, tunnels and telephone and transmission lines necessary to the construction and operation of any irrigation works constructed by authority of the United States; and in all conveyances such right-of-way shall be reserved.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 5, p. 847;   C.S.1922, § 8455;   C.S.1929, § 46-605;   R.S.1943, § 46-249;   Laws 1965, c. 273, § 1, p. 775.  Cross References  School lands, defined, see section 79-1035.03.Annotations State could not grant to anyone, including the United States, a right-of-way over school lands without compensation. United States v. 78.61 Acres of Land in Dawes and Sioux Cos., 265 F.Supp. 564 (D. Neb. 1967).
NE Code § 46-250 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-250 - Places of diversion; storage sites; changes; procedure.

46-250.  Places of diversion; storage sites; changes; procedure.The owner of any ditch, storage reservoir, storage capacity, or other device for appropriating water may, upon petition to the Department of Natural Resources, and upon its approval, change the point at which the water under any water appropriation of record is diverted from a natural stream or reservoir, change the line of any flume, ditch, or aqueduct, or change a storage site. No reclamation district or power appropriator may change the established return flow point without the approval of the department.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 6, p. 848;   C.S.1922, § 8456;   C.S.1929, § 46-606;   Laws 1941, c. 91, § 1, p. 361;   C.S.Supp.,1941, § 46-606;   R.S.1943, § 46-250;   Laws 1951, c. 150, § 1, p. 598;   Laws 1953, c. 158, § 1, p. 496;  Laws 2000, LB 900, § 117.  Annotations Appropriator cannot change place of use of water, or extend ditch without permission of and subject to control of department. Farmers & Merchants Irr. Co. v. Gothenburg Water Power & Irr. Co., 73 Neb. 223, 102 N.W. 487 (1905).
NE Code § 46-251 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-251 - Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.

46-251.  Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.All persons desirous of constructing any of the works provided for in sections 46-244 to 46-250 shall have the right to occupy state lands and obtain right-of-way over and across any highway in this state for such purpose without compensation, except public school lands. All bridges or crossings over such ditches, laterals, and canals shall be constructed under the supervision of the Department of Transportation, if on a state highway, and under the supervision of the county board or governing body of a municipality, if on a highway under the jurisdiction of such board or governing body. All such persons may obtain a right-of-way not to exceed sixteen feet in width, for a like purpose along, parallel to, and upon one side of any highway by condemnation proceedings where the same does not interfere with the proper drainage of such highway. In such cases the abutting landowner and the county may grant such right-of-way, or in case of their refusal notice shall be served upon them and proceedings had as in other cases. Not more than one such ditch or lateral shall be permitted along the side of the same highway.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 7, p. 848;   C.S.1922, § 8457;   C.S.1929, § 46-607;   R.S.1943, § 46-251;   Laws 1961, c. 227, § 2, p. 672;  Laws 2017, LB339, § 175.  Cross References  Bridge over drainage or irrigation ditch, construction, maintenance, and payment of costs, see section 39-805.Annotations  Amendment of 1911 providing for acquisition of limited easement by irrigation district upon and along highway is not unconstitutional because of alleged defects in passage of act. County of Dawson v. South Side Irr. Co., 146 Neb. 512, 20 N.W.2d 387 (1945). Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939). Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937). Slight temporary deviations from year to year in the course of a lateral irrigation ditch across a field do not affect an easement therein where the lateral has followed substantially the same course for more than the statutory period of ten years. Clark v. Meeker Ditch Co., 131 Neb. 506, 268 N.W. 344 (1936).
NE Code § 46-253 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-253 - Ditches; changing line; flow maintained; liability.

46-253.  Ditches; changing line; flow maintained; liability.No owner of any ditch or canal shall change the line of the ditch or canal so as to interfere with the use of water by anyone, who, prior to the proposed change, had used water for irrigation purposes from such ditch or canal, and the owner of such ditch or canal shall keep the same in good repair so as to permit the water to flow in a quantity sufficient to furnish the statutory amount to the lands entitled thereto at all reasonable times. The majority of the water users under any ditch may designate such reasonable time for the use of water as such majority may determine upon, upon a written notice signed by such majority to the persons in control of such ditch or canal. The owners, or those in control, may limit the flow of water in the canal in accordance with such notice, between April 1 and May 1, and October 1 and November 15. No ditch shall be closed between May 1 and October 1. For a failure to cause the water to flow as aforesaid, the owners, or those in control, of any such ditch or canal shall be liable to anyone for any damage resulting from such failure, unavoidable accidents and shortage in the source of supply excepted.Source   Laws 1895, c. 69, § 46, p. 261;   R.S.1913, § 3436;   Laws 1915, c. 65, § 1, p. 164;   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 9, p. 849;   C.S.1922, § 8459;   Laws 1925, c. 132, § 1, p. 347;   Laws 1927, c. 143, § 1, p. 387;   C.S.1929, § 46-609;   Laws 1937, c. 104, § 1, p. 363;   C.S.Supp.,1941, § 46-609;   R.S.1943, § 46-253. Annotations Action to enjoin district from using waters of stream, brought after close of irrigation season, in county other than that where principal place of business of district is located, making parties defendant certain public officers whose terms expire before beginning of next irrigation season in order to confer jurisdiction in court, will be dismissed for want of jurisdiction. Platte Valley Irr. Dist. v. Bryan, 130 Neb. 657, 266 N.W. 73 (1936).
NE Code § 46-254 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-254 - Interfering with waterworks; taking water without authority; penalty.

46-254.  Interfering with waterworks; taking water without authority; penalty.Any person owning or in control of any ditch, reservoir, or other device for appropriating or using water who willfully opens, closes, changes, or interferes with any headgate or controlling gate, or by any method or means takes any water from any natural stream, reservoir, or other source, through any ditch or canal to any land or lands, or allows the same to be done, or uses or allows to be used any water upon any land or lands, or for any other purpose whatsoever, without authority from the Department of Natural Resources, or who stores water in or releases water from a reservoir other than in compliance with orders of the Director of Natural Resources or his or her representative, shall be guilty of a Class II misdemeanor. Each day that the water is allowed to run without authority from the department shall constitute a separate offense.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 10, p. 849;   C.S.1922, § 8460;   C.S.1929, § 46-610;   R.S.1943, § 46-254;   Laws 1973, LB 186, § 9;   Laws 1977, LB 40, § 257;  Laws 2000, LB 900, § 119.  Cross References  Drover of livestock, duty to prevent damages, see section 54-305.
NE Code § 46-255 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-255 - Ditches; construction through private property; bridges and gates.

46-255.  Ditches; construction through private property; bridges and gates.Any person, constructing a ditch or canal through the lands of another, having no interest in such ditch or canal, shall build such ditch or canal in a substantial manner so as to prevent damage to such land. In all cases where necessary for the free and convenient use of lands on both sides of the ditch or canal by the owner or owners of such lands, the owner or those in control of such ditch shall erect substantial and convenient bridges across such canal or ditch, and they shall erect and keep in order suitable gates at the point of entrance and exit of such ditch through any enclosed field.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 11, p. 850;   C.S.1922, § 8461;   C.S.1929, § 46-611;   R.S.1943, § 46-255. Annotations  Mandamus is proper remedy to compel construction of bridge over canal where title to the canal remains in the United States, but the canal is controlled by the defendant. Nuss v. Pathfinder Irr. Dist., 214 Neb. 888, 336 N.W.2d 584 (1983). Mandamus is proper remedy to compel construction of bridges over irrigation canal. Crawford v. Central Nebraska P. P. & I. Dist., 154 Neb. 832, 49 N.W.2d 682 (1951). Mandamus will lie in county where land is located to compel public power and irrigation district to construct bridge across one of its canals. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941). Mandamus lies to compel owner of irrigation canal to erect bridge across canal whenever necessary for free and convenient use by owner of lands on both sides. State ex rel. Strever v. Dawson County Irr. Co., 102 Neb. 67, 165 N.W. 882 (1917). Section applies whether owner owned property at time ditch or canal was built or subsequently acquired same by purchase. State ex rel. O'Shea v. Farmers Irr. Dist., 98 Neb. 239, 152 N.W. 372 (1915), affirmed by Farmers Irr. Dist. v. O'Shea, 244 U.S. 325 (1917). Injunction is proper remedy for preventing one, without authority, from crossing canal with lateral for purpose of carrying water from another canal to his land. Castle Rock Irr. Canal & Water Power Co. v. Jurisch, 67 Neb. 377, 93 N.W. 690 (1903); Park v. Ackerman, 60 Neb. 405, 83 N.W. 173 (1900).
NE Code § 46-256 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-256 - Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; construction by Department of Natural Resources.

46-256.  Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; construction by Department of Natural Resources.Persons owning or controlling any ditch, canal, or reservoir for the purpose of storing or using water for any purpose shall, upon thirty days' notice by the Department of Natural Resources, construct and maintain at the point of diversion a substantial headgate, of a design approved by the department, so built that it may be closed, or partially closed and fastened at any stage with lock or seal. They shall also construct a device for measuring and apportioning the water appropriated, which device shall be of a design approved by the department and built at the most practical point to be selected and fixed by it. If they neglect or refuse, for a period of ten days, to construct such headgate and measuring device, the department shall refuse to allow any water to be delivered to or used by or through any such ditch, canal, or reservoir or any other contrivance or device for appropriating, using, or storing water, and the department may construct bars, dams, or other obstructions to prevent such delivery or use.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 26, p. 844;   C.S.1922, § 8445;   C.S.1929, § 81-6326;   R.S.1943, § 46-256;  Laws 2000, LB 900, § 120.  Annotations  Installation of measuring device was properly required as a condition to allowance of appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960). Appropriated waters should be measured at the point of diversion. Loup River Public Power Dist. v. North Loup River Public Power & Irr. Dist., 142 Neb. 141, 5 N.W.2d 240 (1942).
NE Code § 46-258 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-258 - Ditches; maintenance; outlets; headgates; duties of owner.

46-258.  Ditches; maintenance; outlets; headgates; duties of owner.Any owner or person in control of any ditch for irrigation purposes shall have the ditch in order to receive water from the source of supply on or before April 15 of each year, shall construct necessary outlets in the banks for the delivery of water to all persons who are entitled to the same, and shall maintain a substantial headgate and measuring box or weir at the head of each lateral, which shall be constructed in accordance with plans and specifications approved by the Department of Natural Resources. A multiplicity of outlets shall be avoided. The outlet shall be at the most convenient and practicable point consistent with the protection and safety of the ditch and the efficient distribution of water among the various claimants thereof.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 12, p. 850;   C.S.1922, § 8462;   C.S.1929, § 46-612;   R.S.1943, § 46-258;  Laws 2000, LB 900, § 122.  Annotations This section does not affect the duty of irrigation district to furnish water, but only prescribes upon whom duty to construct outlets rests. State ex rel. Clarke v. Gering Irr. Dist., 109 Neb. 642, 192 N.W. 212 (1923).
NE Code § 46-259 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-259 - Running water in rivers and ravines; right to use.

46-259.  Running water in rivers and ravines; right to use.The right to the use of running water flowing in any river or stream or down any canyon or ravine may be acquired by appropriation by any person.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 13, p. 850;   C.S.1922, § 8463;   C.S.1929, § 46-613;   R.S.1943, § 46-259. Annotations  The right to appropriate water for irrigation purposes is limited to waters of natural streams. Rogers v. Petsch, 174 Neb. 313, 117 N.W.2d 771 (1962). Under the irrigation act of 1889, a water right for purposes of irrigation need not have been attached to any particular tract of land. Vonburg v. Farmers Irr. Dist., 132 Neb. 12, 270 N.W. 835 (1937).
NE Code § 46-262 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-262 - Duties of persons taking water; noncompliance; liability.

46-262.  Duties of persons taking water; noncompliance; liability.No person shall accept more water from any ditch, canal or reservoir than he is justly entitled to. On finding that he is receiving more water either through his headgates or by means of leaks, or by any other means, than he is entitled to receive he shall immediately take steps to prevent the same. If he knowingly permits such excess water to come upon his land, and fails to promptly notify the owner of such ditch, canal or reservoir, he shall be liable in damages to any person who shall be injured thereby.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 16, p. 851;   C.S.1922, § 8466;   C.S.1929, § 46-616;   R.S.1943, § 46-262.
NE Code § 46-263 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-263 - Water; neglecting and preventing delivery; penalty.

46-263.  Water; neglecting and preventing delivery; penalty.Any person having charge of a ditch or canal used for irrigation purposes, who shall neglect or refuse to deliver water as herein provided, or any person or persons who shall prevent or interfere with the proper delivery of water to the person or persons having the right thereto, shall be guilty of a Class III misdemeanor.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 18, p. 853;   C.S.1922, § 8468;   C.S.1929, § 46-618;   R.S.1943, § 46-263;   Laws 1977, LB 40, § 259;   Laws 1987, LB 140, § 9.  Annotations This section does not apply to persons who neglect or refuse to deliver water to those who have no right to the water. Weber v. North Loup River Pub. Power, 288 Neb. 959, 854 N.W.2d 263 (2014).
NE Code § 46-263.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-263.01 - Water; molesting or damaging measuring device; penalty.

46-263.01.  Water; molesting or damaging measuring device; penalty.Any person, or persons, who shall molest, tamper with, break into or damage in any way any device used for the measuring and recording of the water flowing in any stream, canal or reservoir in this state shall be guilty of a Class II misdemeanor.Source   Laws 1947, c. 172, § 3, p. 522;   Laws 1969, c. 385, § 1, p. 1353;   Laws 1977, LB 40, § 260.
NE Code § 46-263.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-263.02 - Water; molesting or damaging measuring device; apprehension and conviction; reward.

46-263.02.  Water; molesting or damaging measuring device; apprehension and conviction; reward.The Department of Natural Resources is hereby authorized and empowered to offer and pay out of the fees collected by the department rewards of not to exceed twenty-five dollars in any case for the apprehension and conviction of any person or persons violating the provisions of section 46-263.01.Source   Laws 1947, c. 172, § 4, p. 522;  Laws 2000, LB 900, § 124.
NE Code § 46-265 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-265 - Embankments; maintenance; return of unused water; duties of owner.

46-265.  Embankments; maintenance; return of unused water; duties of owner.The owner or owners of any irrigation ditch or canal shall carefully maintain the embankments thereof so as to prevent waste therefrom, and shall return the unused water from such ditch or canal with as little waste thereof as possible to the stream from which such water was taken, or to the Missouri River.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 20, p. 854;   C.S.1922, § 8470;   C.S.1929, § 46-620;   R.S.1943, § 46-265. Annotations  Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980). This section deals with the return to stream of unused water transported in irrigation ditches to prevent waste. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960). Unused irrigation water must be returned to natural stream. Kuhlmann v. Platte Valley Irr. Dist., 166 Neb. 493, 89 N.W.2d 768 (1958). This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936). The right of an appropriator to recapture seepage waters is not impliedly denied by this section. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
NE Code § 46-266 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-266 - Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.

46-266.  Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.No owner of any water power or irrigation ditch, canal or lateral shall so construct, maintain or operate the same as to permit any water to escape therefrom upon any public road or highway. No person in the application of water in the irrigation of lands shall permit the same to escape from such lands and to flow upon any public road or highway. Any person violating any of the provisions of this section shall be guilty of a Class V misdemeanor. Each day water is permitted to flow or escape upon any public road or highway in violation of the foregoing prohibitions shall be deemed a separate and distinct offense. The overseer of highways or other officer in charge of road work in the area in which a violation occurs shall make complaint therefor, but no other person shall be precluded from making complaint.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 21, p. 854;   C.S.1922, § 8471;   C.S.1929, § 46-621;   R.S.1943, § 46-266;   Laws 1959, c. 181, § 14, p. 660;   Laws 1977, LB 40, § 261.
NE Code § 46-268 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-268 - Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.

46-268.  Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.Whenever any person, association or corporation owning any irrigation ditch or canal enters into a contract with a landowner to carry water to any tract of land having a water appropriation, such carriage contract shall be recorded in the county where such land is situated in the same manner and under the same conditions as deeds for real estate. Such contract, from the date of the recording thereof, shall be binding upon the grantor, his, their or its successors or assigns, and all persons claiming any interest in such ditch or canal. No foreclosure or other proceedings to subject the property of the owner of such ditch or canal to the satisfaction of any lien or claim shall in any manner impair the right of such grantee, his heirs, administrators or assigns, to the use of the water from such ditch or canal in the quantity and manner provided in his deed or contract.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 23, p. 855;   C.S.1922, § 8473;   C.S.1929, § 46-623;   R.S.1943, § 46-268;   Laws 1947, c. 172, § 2, p. 522.  Annotations Purchaser of land is not personally liable for annual maintenance charge imposed by contract between his grantor and irrigation company. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).