reglab/housing_qa huggingface dataset:
NE Code § 46-2,116.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,116.01 - Application for instream appropriation; use of stored water; study.

46-2,116.01.  Application for instream appropriation; use of stored water; study.If the director determines that there is insufficient unappropriated natural flow available for an application for an instream appropriation and if the applicant consents, the department may conduct a study to determine whether the instream flow needs can be met through the use of stored water in new storage facilities. The study shall address the availability of storage sites, the estimated cost of providing any required storage, and such other findings and conclusions as the department deems appropriate.Source   Laws 1985, LB 102, § 19;   Laws 1991, LB 772, § 6;  Laws 2000, LB 900, § 148.
NE Code § 46-2,116.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,116.02 - Instream appropriation; use of stored water; funding.

46-2,116.02.  Instream appropriation; use of stored water; funding.If the department determines that instream flow needs can be met through the use of stored water in new storage facilities after a study conducted under section 46-2,116.01, the applicant may request financial assistance for the construction of necessary storage facilities from the Nebraska Resources Development Fund. The cost of the project may be shared with any other users of the stored water.Source   Laws 1985, LB 102, § 20;   Laws 1991, LB 772, § 7;  Laws 2000, LB 900, § 149.
NE Code § 46-2,117 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,117 - Contested case hearing; mediation or nonbinding arbitration required; when; costs.

46-2,117.  Contested case hearing; mediation or nonbinding arbitration required; when; costs.The director shall not conduct a contested case hearing on an instream appropriation application filed after January 1, 1997, other than a hearing to address procedural matters, until such time as the parties have completed mediation or nonbinding arbitration. Mediation or nonbinding arbitration shall be deemed completed when the person retained to conduct the mediation or nonbinding arbitration has concluded further efforts would probably not result in resolution of major issues. The costs of mediation or nonbinding arbitration shall be shared by the parties.Source   Laws 1997, LB 877, § 5;  Laws 2000, LB 900, § 150.
NE Code § 46-2,118 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,118 - Instream appropriation; limited to defined stream segment.

46-2,118.  Instream appropriation; limited to defined stream segment.(1) All water used to provide instream flows shall be applied only to that segment of the stream for which the appropriation is granted. The stream segment and the determination of a reasonable and necessary amount of water required for instream flow purposes shall be defined specifically by the director in the permit.(2) After the water allowed for instream flows has passed through the defined stream segment, all rights to such water shall be deemed relinquished and the water shall be available for appropriation.Source   Laws 1984, LB 1106, § 34;  Laws 2000, LB 900, § 151.  Annotations When an instream flow application requests different flow rates at different locations along a single stream segment, the denial of the application as to one location is to be viewed as a reduction in the requested rate of flow as authorized by section 46-2,115. Any reduction in the length of the stream segment occasioned by such denial is but incidental to the flow reduction, and the director may define the stream segment under subsection (1) of this section in such a way as to reflect the appropriations as granted. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).
NE Code § 46-2,119 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,119 - Instream appropriations; manner of administration.

46-2,119.  Instream appropriations; manner of administration.Instream appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Reservoirs shall not be required by the director to release, for the benefit of an instream appropriation, water previously impounded in accordance with section 46-241 or 46-243. Reservoirs with storage rights senior to an instream appropriation shall not be required to pass, for the benefit of that instream appropriation, inflows that could be stored by such reservoir if the instream appropriation were not in effect. Notwithstanding subsection (5) of section 46-241, a reservoir with storage rights senior to an instream appropriation also shall not be required to pass inflows for downstream direct irrigation if the appropriation for direct irrigation is junior to and would be denied water because of that instream appropriation. Instream appropriations may be canceled as provided in sections 46-229.02 to 46-229.05.Source   Laws 1984, LB 1106, § 35;   Laws 1988, LB 953, § 1;  Laws 2000, LB 900, § 152;  Laws 2004, LB 962, § 29.
NE Code § 46-2,120 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,120 - District or company; notice to landowner; when required; terms, defined.

46-2,120.  District or company; notice to landowner; when required; terms, defined.(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company using the procedure described in sections 46-2,121 to 46-2,129 and which is exempt from the Open Meetings Act shall provide notice by mail to each owner of land in the district or served by the company not less than seven days before any meeting or hearing under sections 46-2,121 to 46-2,129.(2) For purposes of sections 46-2,120 to 46-2,130:(a) Department means the Department of Natural Resources; and(b) Director means the Director of Natural Resources.Source   Laws 1995, LB 99, § 1;  Laws 2000, LB 900, § 153;  Laws 2004, LB 821, § 12.  Cross References  Open Meetings Act, see section 84-1407.
NE Code § 46-2,121 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,121 - District or company; hold appropriation; sections; how construed.

46-2,121.  District or company; hold appropriation; sections; how construed.Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company shall hold all water appropriations filed in the district's or company's name for the benefit of the owners of land to which the water appropriations are attached. Sections 46-2,120 to 46-2,129 shall not be construed to modify the rights of landowners to any water appropriation.Source  Laws 1995, LB 99, § 2.
NE Code § 46-2,122 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,122 - District or company; application for transfer and map; filing requirements; approval; conditions.

46-2,122.  District or company; application for transfer and map; filing requirements; approval; conditions.(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company may file an application for transfer and a map with the department identifying all tracts of lands that have received water delivered by the district or company and beneficially applied to the tract in at least one of the preceding ten consecutive years. The application for transfer and map shall be prepared and filed in accordance with the rules and regulations of the department.(2) Any tract of land within the boundaries of the district or served by the company may receive a water appropriation, or portion thereof, transferred from a tract or tracts of land currently under the appropriation on file with the department. The director shall grant the transfer if:(a) The owner of the land to which the water appropriation is attached and the owner of the ditch, canal, or other diverting works subject to transfer consent in writing to the department to the transfer of the appropriation from the tract of land;(b) The water allotment on the receiving tract of land will not exceed the amount that can be beneficially used for the purposes for which the appropriation was made and will not exceed the least amount of water that experience may indicate is necessary, in the exercise of good husbandry, for the production of crops;(c) The water will be applied on the receiving tract to a use in the same preference category as the use on the transferring tract; and(d) The aggregate water use within the district or company after transfer will not exceed the aggregate water appropriation held by the district or company for the benefit of the owners of land to which the water appropriations are attached.Source   Laws 1995, LB 99, § 3;  Laws 2000, LB 900, § 154.
NE Code § 46-2,123 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,123 - Hearing on application and map.

46-2,123.  Hearing on application and map.The department may hold a hearing on the application for transfer and map under section 46-2,122 if the department determines that a hearing is necessary to determine whether the application for transfer and map are in compliance with such section. The department shall hold a hearing on the application if requested by any owner of land within the district or served by the company. The hearing shall be conducted in accordance with section 61-206 and the rules and regulations of the department.Source   Laws 1995, LB 99, § 4;  Laws 2000, LB 900, § 155.
NE Code § 46-2,124 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,124 - District or company; notice prior to meeting; requirements.

46-2,124.  District or company; notice prior to meeting; requirements.Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company intending to file an application for transfer and a map with the department under section 46-2,122 shall give notice prior to the meeting at which the application and map will be approved for filing. Notice shall be given in the manner provided in section 46-2,128.Source   Laws 1995, LB 99, § 5;  Laws 2000, LB 900, § 156.
NE Code § 46-2,125 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,125 - Order granting application and map; contents; appeal.

46-2,125.  Order granting application and map; contents; appeal.After an investigation and hearing, if applicable, the director shall issue an order granting or denying the application for transfer and map under section 46-2,122. The director shall deny the application if the conditions in subsection (2) of such section are not met. An order granting or denying an application for transfer and map shall be in writing and shall specify the following:(1) The tracts of land retaining an appropriation;(2) The tracts of land receiving an appropriation; and(3) The tracts of land transferring an appropriation.An appeal may be taken from the decision of the department on the application for transfer and map as provided in section 61-207.Source   Laws 1995, LB 99, § 6;  Laws 2000, LB 900, § 157.
NE Code § 46-2,126 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,126 - Priority date.

46-2,126.  Priority date.Any water appropriation transferred to a tract of land under sections 46-2,122 to 46-2,125 shall retain the original priority date for the water appropriation.Source  Laws 1995, LB 99, § 7.
NE Code § 46-2,127 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,127 - District or company; transfer of appropriation for agricultural purposes; when.

46-2,127.  District or company; transfer of appropriation for agricultural purposes; when.After obtaining approval of an application for transfer and map pursuant to sections 46-2,122 to 46-2,126, the board of directors of any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company may transfer an appropriation of water distributed for agricultural purposes from a tract or tracts of land within the district or served by the company to another tract or tracts of land within the boundaries of the district or served by the company if:(1) The district or company finds that the transferring tract of land has received and had water, delivered by the district or company pursuant to a valid appropriation, beneficially applied in at least one of the preceding five consecutive years or that there has been sufficient cause for nonuse in the same manner as provided in section 46-229.04;(2) The owner of the land to which the water appropriation is attached consents in writing to the transfer of the appropriation from his or her tract of land;(3) The water appropriation, or portion thereof, proposed to be transferred has not been transferred by the board of directors of the district or company in the previous four years;(4) The water allotment on the receiving tract of land will not exceed the amount that can be beneficially used for the purposes for which the appropriation was made and will not exceed the least amount of water that experience may indicate is necessary, in the exercise of good husbandry, for the production of crops; and(5) After the transfer, the aggregate water use within the district or company will not exceed the aggregate water appropriation held by the district or company for the benefit of owners of land to which the water appropriations are attached.Source   Laws 1995, LB 99, § 8;  Laws 2004, LB 962, § 30.
NE Code § 46-2,128 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,128 - District or company; transfer of appropriation for agricultural purposes; published notice; contents.

46-2,128.  District or company; transfer of appropriation for agricultural purposes; published notice; contents.Commencing at least six weeks but not more than twelve weeks before transferring any water appropriations under section 46-2,127, the district or company shall cause notice of the proposed transfer to be published at least once a week for three consecutive weeks in at least one newspaper of general circulation in each county containing lands on which the water appropriation is or is proposed to be applied. The district or company shall also provide the notice to the department. The notice shall contain:(1) A description of the water appropriation to be transferred;(2) The number assigned the water appropriation permit in the records of the department under sections 46-233 to 46-235;(3) The priority date of the water appropriation;(4) A description of the land to which the water appropriation is proposed to be applied;(5) A statement that any owner of land within the district or served by the canal company may object to and request a hearing on the proposed transfer within seven calendar days after final publication; and(6) Any other relevant information.Source   Laws 1995, LB 99, § 9;  Laws 2000, LB 900, § 158.
NE Code § 46-2,129 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,129 - District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.

46-2,129.  District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.(1) The board of directors of the district or company, or the board's designee, may hold a hearing on a proposed transfer under section 46-2,127 and shall hold a hearing if requested by any owner of land within the district or served by the canal company. Notice of a hearing under this subsection shall be published at least seven calendar days prior to the hearing in at least one newspaper of general circulation in each county containing lands upon which the water appropriation is or is proposed to be applied. If the hearing is held by the board's designee, the board's designee shall make a written recommendation to the board within fifteen calendar days after the hearing. The board shall act upon the proposed transfer at the board's next regular or special meeting following receipt of the designee's recommendation.(2) The board of directors may transfer the water appropriation at a regular or special meeting.(3) Any water appropriation transferred to a tract of land under section 46-2,127 shall retain the original priority date for the water appropriation.(4) All transfers shall be reported annually to the department pursuant to section 46-261.Source  Laws 1995, LB 99, § 10.
NE Code § 46-2,130 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,130 - Sections; how construed.

46-2,130.  Sections; how construed.Nothing in sections 46-2,120 to 46-2,129 shall be construed to limit or restrict the powers of the department with respect to adjudication of water rights.Source   Laws 1995, LB 99, § 11;  Laws 2000, LB 900, § 159.
NE Code § 46-301 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-301 - Irrigation districts; establishment of electric light and power systems; powers.

46-301.  Irrigation districts; establishment of electric light and power systems; powers.Irrigation districts organized under the laws of Nebraska are hereby authorized and empowered to make application for and secure and hold appropriations of water for the purpose of generation of electric light and power in connection with any such appropriation of water. Any irrigation district now or hereafter organized under the laws of this state is hereby authorized, subject to the provisions of sections 46-301 to 46-315, to acquire, by purchase, lease or otherwise, construct, extend, improve, manage and operate, electric light and power plants, lines and systems, and all machinery, equipment and other property, real or personal, connected therewith or incident thereto; to manufacture, produce, generate and transmit, distribute, purchase or sell electrical energy for lighting, heating and power purposes; to adopt, use and employ in the generation and production of electrical energy, water power, steam power, and any other practicable means or method; to extend any such plant, lines and systems within and without the boundaries of the irrigation district; and to connect, interconnect and operate such electric light and power plants, lines, systems, and service with those of any other irrigation district or districts or with those of any one or more cities, villages, or public electric light and power districts of this state, or with those of the government of the United States.Source   Laws 1931, c. 91, § 1, p. 252;   C.S.Supp.,1941, § 46-701;   R.S.1943, § 46-301.
NE Code § 46-302 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-302 - Electric light and power system; construction or acquisition by resolution; procedure.

46-302.  Electric light and power system; construction or acquisition by resolution; procedure.Whenever the board of directors of any irrigation district shall, by resolution, determine that it is to the interest, convenience, and welfare of the district that the district, under sections 46-301 to 46-315, purchase, construct, or otherwise acquire, operate, and maintain any electric light and power plant, lines, or systems, whether as an addition, extension, enlargement, alteration, or reconstruction of any site, irrigation works, or other property owned or controlled by the district, or as a plant, lines, or system independent of works or property already owned or controlled by the district, the board of directors shall thereupon prepare comprehensive written plans, statements, and reports setting out the nature, location, and description of the proposed plant, lines, and system, including method or methods of generation or acquisition, the location of transmission lines, the use of other sites, properties, and works already owned or controlled by the district, estimated costs of acquisition and construction, the method or means of financing the proposed plan and project, the amount of bonds, if any, proposed to be issued in connection therewith, and such other data as the Department of Natural Resources shall prescribe. The expense thereof may be authorized by any special meeting or at the annual meeting of such district. Such plans, statements, and reports, including a copy of such resolution, shall be duly certified by the board of directors and shall be thereupon submitted to the department for its examination as set forth in section 46-304.Source   Laws 1931, c. 91, § 2, p. 253;   C.S.Supp.,1941, § 46-702;   R.S.1943, § 46-302;  Laws 2000, LB 900, § 160.
NE Code § 46-303 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-303 - Electric light and power system; construction or acquisition by petition; procedure.

46-303.  Electric light and power system; construction or acquisition by petition; procedure.In lieu of the resolution of the board of directors and the preparation and submission by the board of plans, reports, and statements as provided in section 46-302, a petition containing and setting forth the data and information required in such section concerning the proposed electric light and power plant, lines, and systems may be presented to the Department of Natural Resources, signed by not less than twenty percent of all the qualified electors of the district. Such petition shall declare that, in the opinion of the petitioners, it is to the interest, convenience, and welfare of the district that the district, under sections 46-301 to 46-315, adopt substantially the plan or method set out in the petition for the establishment, acquisition, and operation by the district of electric light and power plant, lines, and systems. The petition shall contain the affidavit of the person or persons who circulated the same, certifying that each name signed thereto is the true signature of the person whose name it purports to be and that the person is a qualified elector of the district.Source   Laws 1931, c. 91, § 3, p. 254;   C.S.Supp.,1941, § 46-703;   R.S.1943, § 46-303;  Laws 2000, LB 900, § 161.
NE Code § 46-304 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-304 - Electric light and power system; construction or acquisition; examination and report by Department of Natural Resources.

46-304.  Electric light and power system; construction or acquisition; examination and report by Department of Natural Resources.Upon receipt by the Department of Natural Resources of the plans, reports, and statements provided for in section 46-302 or of the petition provided for in section 46-303, the department shall examine the proposed plan and project, make an estimate of the probable cost thereof, and make such further examination and investigation concerning the same as the department shall deem necessary or advisable. If the department deems the proposed plan and project feasible and practicable, either as originally submitted or as changed and amended by the department, the department shall then file with the board of directors of the irrigation district concerned its report in the matter, which report shall include a complete explanation of the proposed project, the plans and maps showing location of the project, the estimated cost of the project, and the probable receipts from the sale of electric energy, and the certificate of the department that the project has been examined and deemed feasible and practicable by the department.Source   Laws 1931, c. 91, § 4, p. 254;   C.S.Supp.,1941, § 46-704;   R.S.1943, § 46-304;  Laws 2000, LB 900, § 162.