reglab/housing_qa huggingface dataset:
NE Code § 46-801 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-801 - Natural lakes; drainage; diversion; application.

46-801.  Natural lakes; drainage; diversion; application.No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or other purpose than the bed of such lake would have for agricultural purposes. Any person intending to drain, lower, divert, or in any way reduce the waters or water supply of any natural or perennial lake shall, before commencing the construction of any such work for drainage or diversion, make application to the Department of Natural Resources for a permit to do so.Source   Laws 1919, c. 190, tit. VII, art. V, § 1, p. 857;   C.S.1922, § 8480;   C.S.1929, § 81-6401;   R.S.1943, § 81-702;   Laws 1957, c. 365, § 14, p. 1239;   Laws 1994, LB 1165, § 21;  Laws 2000, LB 900, § 225.  Annotations  Drainage of natural lake may be enjoined. Lackaff v. Bogue, 158 Neb. 174, 62 N.W.2d 889 (1954). Drainage of natural lakes covering an area in excess of twenty acres is governed by this section. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950). Whether water constitutes natural or perennial lake, requiring permit under this section before attempting to drain same, is question of fact to be determined from evidence. Beem v. Davis, 111 Neb. 96, 195 N.W. 948 (1923).
NE Code § 46-802 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-802 - Application; recording; investigation.

46-802.  Application; recording; investigation.On the receipt of such application in the form prescribed by the Department of Natural Resources, the department shall cause the same to be recorded in its office. The department shall make a careful examination to ascertain whether it sets forth all the facts necessary to enable the department to determine the nature and extent of the proposed work of drainage and diversion. If such an examination shows the application to be in any way defective, it shall return the same to the applicant for correction.Source   Laws 1919, c. 190, tit. VII, art. V, § 2, p. 858;   C.S.1922, § 8481;   C.S.1929, § 81-6402;   R.S.1943, § 81-703;   Laws 1957, c. 365, § 15, p. 1239;  Laws 2000, LB 900, § 226.
NE Code § 46-803 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-803 - Application; approval; when authorized.

46-803.  Application; approval; when authorized.If the proposed work of drainage or diversion will not result in injury or damage to any person and will not be otherwise detrimental to the public welfare but will result in economic benefit to the state, the Department of Natural Resources shall approve the same by endorsement thereon. It shall make a record of such endorsement thereon in some proper manner in its office. It shall also return the same so endorsed to the applicant. Such applicant shall, upon receipt thereof, be authorized to proceed with the work and to take such measures as may be necessary to its completion.Source   Laws 1919, c. 190, tit. VII, art. V, § 3, p. 858;   C.S.1922, § 8482;   C.S.1929, § 81-6403;   R.S.1943, § 81-704;   Laws 1957, c. 365, § 16, p. 1240;  Laws 2000, LB 900, § 227.
NE Code § 46-804 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-804 - Application; rejection; when authorized.

46-804.  Application; rejection; when authorized.If it appears to the Department of Natural Resources that the proposed works of drainage or diversion will result in injury or damage to any person or will be detrimental to the public welfare and not result in economic benefit to the state, the department shall refuse to approve the application. The party making such application shall not prosecute such work so long as such refusal shall continue in force.Source   Laws 1919, c. 190, tit. VII, art. V, § 4, p. 858;   C.S.1922, § 8483;   C.S.1929, § 81-6404;   R.S.1943, § 81-705;   Laws 1957, c. 365, § 17, p. 1240;  Laws 2000, LB 900, § 228.  Annotations Permit to drain natural lake should not be granted where it will result in damage to another person. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
NE Code § 46-805 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-805 - Appeal; procedure.

46-805.  Appeal; procedure.An applicant, feeling himself or herself aggrieved by the endorsement made upon his or her application, may take an appeal therefrom to the district court of the county in which the proposed works may be situated. Such appeal shall otherwise be governed by the Administrative Procedure Act.Source   Laws 1919, c. 190, tit. VII, art. V, § 5, p. 858;   C.S.1922, § 8484;   C.S.1929, § 81-6405;   R.S.1943, § 81-706;   Laws 1957, c. 365, § 18, p. 1240;   Laws 1988, LB 352, § 81.  Cross References  Administrative Procedure Act, see section 84-920.Annotations On appeal to the district court, trial is de novo. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
NE Code § 46-806 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-806 - Sections; when inapplicable.

46-806.  Sections; when inapplicable.In the event that the ownership of all the land used for drainage construction and of all the land forming the shoreline and the bed of said lake or lakes is vested in the person performing said work of drainage or diversion, the provisions of sections 46-801 to 46-807 do not apply.Source   Laws 1919, c. 190, tit. VII, art. V, § 6, p. 859;   C.S.1922, § 8485;   C.S.1929, § 81-6406;   R.S.1943, § 81-707.
NE Code § 46-807 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-807 - Violations; penalty.

46-807.  Violations; penalty.Any person violating the provisions of sections 46-801 to 46-807 shall be guilty of a Class II misdemeanor.Source   Laws 1919, c. 190, tit. VII, art. V, § 7, p. 859;   C.S.1922, § 8486;   C.S.1929, § 81-6407;   R.S.1943, § 81-708;   Laws 1977, LB 40, § 268.
NE Code § 46-1001 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1001 - Terms, defined.

46-1001.  Terms, defined.As used in sections 46-1001 to 46-1020, unless the context otherwise requires:(1) District means a rural water district organized pursuant to sections 46-1001 to 46-1020;(2) Board means the governing body of a district;(3) The terms county board and county clerk mean, respectively, the county board and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;(4) Participating member means an individual, firm, partnership, limited liability company, association, or corporation which owns land located within a district and which has subscribed to one or more benefit units of such district; and(5) Director means the Director of Natural Resources.Source   Laws 1967, c. 279, § 1, p. 747;   Laws 1993, LB 121, § 280;  Laws 2000, LB 900, § 229.
NE Code § 46-1001.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1001.01 - Rural water districts organized prior to June 30, 1972; effect.

46-1001.01.  Rural water districts organized prior to June 30, 1972; effect.After June 30, 1972, no new rural water districts shall be organized under the provisions of sections 46-1001 to 46-1020. Attempted formations of rural water districts under sections 46-1001 to 46-1020 which have not been completed before July 1, 1972, shall be null, void and of no effect for the purpose of organizing such district. All rural water districts having valid corporate existence before July 1, 1972, shall enjoy all rights, duties, powers and authorities conferred by sections 46-1001 to 46-1020 and shall not be affected by this section, nor shall the legality of formation, organization, or operation of any such district be subject to any legal action based on this section.Source   Laws 1969, c. 9, § 64, p. 135;   Laws 1971, LB 544, § 10.
NE Code § 46-1002 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1002 - Rural water districts; petition.

46-1002.  Rural water districts; petition.The county board of each county in this state shall, upon a proper petition being presented, incorporate and organize rural water districts in the manner provided by sections 46-1001 to 46-1020. No such district shall be incorporated when its boundaries lie within five miles of any incorporated city of the metropolitan, primary, or first class, within two miles of any incorporated city of the second class, or within one mile of any incorporated village until approval has been given by the governing body of the city or village.Source   Laws 1967, c. 279, § 2, p. 748;   Laws 1972, LB 1239, § 1.
NE Code § 46-1003 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1003 - District; petition; contents.

46-1003.  District; petition; contents.A petition addressed to the county board praying for the incorporation of a district, signed by or on behalf of at least fifty percent of the owners of the land within the proposed district may be filed with the county clerk. The petition shall define the boundaries of the proposed district and shall state (1) that the lands within such boundaries are without an adequate water supply; (2) that the construction and maintenance of ponds or reservoirs or pipelines or wells or check dams or pumping installations, or any other facility for water storage, transportation or utilization, or that the construction and maintenance of any combination of such projects is necessary for the improvement of the area; and (3) that such improvement or works will be conducive to and will promote the public health, convenience and welfare.Source  Laws 1967, c. 279, § 3, p. 748. Annotations The Rural Water District Act does not require the district to obtain a permit to dig wells for the purpose of supplying water to its patrons in need thereof; rather, the act specifically authorizes the transportation of water into another district for that purpose. McDowell v. Rural Water District No. 2, 204 Neb. 401, 282 N.W.2d 594 (1979).
NE Code § 46-1004 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1004 - District; petition; county clerk; notice; contents.

46-1004.  District; petition; county clerk; notice; contents.Whenever a petition as provided in section 46-1003 is filed with the county clerk, the county clerk shall thereupon give notice to the county board of the filing and pendency of such petition and the county board shall forthwith fix a time and place within thirty days after the date of filing of the petition for a hearing of the same, and the county clerk shall, at least seven days before the date fixed for such hearing, give or send by registered or certified mail written notice thereof to each of the petitioners and shall transmit to the director one copy of the petition and notice of the time and place the same is set for consideration. The county clerk shall also, at least seven days before the date fixed for such hearing, cause to be published in a newspaper of general circulation in the county a notice of the hearing. The published notice shall (1) define the boundaries of the proposed district; (2) state the time and place of hearing; (3) state that all owners of land within such boundaries may appear and be heard; and (4) state that a rural water district, if incorporated, shall have no power or authority to levy any taxes whatsoever.Source   Laws 1967, c. 279, § 4, p. 748;  Laws 2000, LB 900, § 230.
NE Code § 46-1005 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1005 - District; hearing; order.

46-1005.  District; hearing; order.At the time and place set for the hearing and consideration of the petition, it shall be the duty of the county board to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition, the director, and the landowners in the district as required by section 46-1004; (2) whether lands within the area defined in the petition are without an adequate water supply; (3) whether the construction and maintenance of ponds, reservoirs, pipelines, wells, check dams, pumping installations, or any other facility for the storage, transportation, or utilization of water or the construction and maintenance of any combination of such proposed projects are necessary for the improvement of the area. The county board shall make no affirmative finding that any proposed project is necessary if the construction and maintenance of such project would encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest. The county board shall make no affirmative finding that any proposed project is necessary unless the director has approved such project; (4) whether such improvement or works will be conducive to and will tend to promote the public health, convenience, and welfare; and (5) whether the boundaries of the proposed district lie within five miles of any incorporated city or village and whether approval for incorporation of the district has been given by the governing body of such city or village. If upon such consideration it is found that such petition is in conformity with the requirements of sections 46-1001 to 46-1020, the county board shall thereupon immediately declare the district within the boundaries defined in the petition to constitute a public corporation and to be incorporated as a rural water district under the name of Rural Water District No. ......, .......... County, Nebraska (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing, together with a declaration that thenceforth such district shall constitute a body politic and corporate under such corporate name for the purposes of sections 46-1001 to 46-1020.Source   Laws 1967, c. 279, § 5, p. 749;  Laws 2000, LB 900, § 231.
NE Code § 46-1006 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1006 - Board of directors; selection; bylaws; adopt.

46-1006.  Board of directors; selection; bylaws; adopt.Immediately following the granting of incorporation by the county board, the owners of land within any such district shall select from their number a board of directors. The number of members on such board, not to exceed nine, shall be determined by majority vote of those owners of land present; Provided, any original director who shall fail to subscribe to one or more benefit units and pay the established unit fee for each unit to which he subscribes within thirty days after entry in the minutes of the board of a declaration of availability of such benefit units for subscription, shall forfeit his office. Within thirty days after the election of the original board, proposed bylaws shall be submitted for adoption at a special meeting of owners of land located within the district, written notice of which shall be mailed to each such landowner. Those owners of land located within the district present at such special meeting may adopt and amend any of such proposed bylaws and may propose and adopt additional or other bylaws. Such bylaws may be amended at any annual or special meeting of the participating members of the district.Source  Laws 1967, c. 279, § 6, p. 750.
NE Code § 46-1007 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1007 - Board; meetings; rules and regulations; adopt; vacancies.

46-1007.  Board; meetings; rules and regulations; adopt; vacancies.The board shall be the governing body of the district and shall meet annually on the same day the annual meeting of participating members of the district is held pursuant to section 46-1016, and such annual meeting of the board of directors shall follow the annual meeting of participating members, and at such other times as may be determined by the board or upon call by the chairman or any two members of the board. Vacancies on the board shall be filled for the unexpired term, and until a successor is elected and has qualified, by appointment by the remaining members of the board. The board shall adopt such rules and regulations in conformity with the provisions of sections 46-1001 to 46-1020 and the bylaws of the district as are deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made pursuant to the provisions of sections 46-1001 to 46-1020.Source  Laws 1967, c. 279, § 7, p. 750.
NE Code § 46-1008 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1008 - District; powers.

46-1008.  District; powers.Every district incorporated under sections 46-1001 to 46-1020 shall:(1) Have perpetual succession, subject to dissolution as provided by such sections;(2) In all cases be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year;(3) Have the power of eminent domain to acquire land or interests in land within the district for the uses and purposes provided in this section;(4) Be empowered to sue and be sued;(5) Be capable of contracting and being contracted with;(6) Be authorized and empowered to hold such real and personal property as may come into its possession by will, gift, purchase, or otherwise, as authorized by law;(7) Have power to construct, install, maintain, and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations, or other facilities for the storage, transportation, or utilization of water and such appurtenant structures and equipment as may be necessary to carry out the purposes of its organization;(8) Have power to transfer water within the district pursuant to sections 46-2,127 to 46-2,129;(9) Have power to cooperate with and enter into such agreements as deemed necessary with the Secretary of the United States Department of Agriculture or his or her duly authorized representative and shall have power to accept such financial or other aid which the Secretary of the United States Department of Agriculture is empowered to give pursuant to 7 U.S.C. 1921 et seq., or amendments thereto; and(10) Have power to borrow money for the financing of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges. Any district shall have the same power to borrow money for the refinancing of any such project or projects. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under sections 46-1001 to 46-1020 shall have any power or authority to levy any taxes whatsoever.Source   Laws 1967, c. 279, § 8, p. 751;   Laws 1971, LB 514, § 1;   Laws 1972, LB 1042, § 1;   Laws 1975, LB 492, § 1;   Laws 1995, LB 99, § 20.
NE Code § 46-1009 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1009 - Board; contracts; enter into.

46-1009.  Board; contracts; enter into.In carrying out the provisions of sections 46-1001 to 46-1020, the board of directors of any such rural water district is authorized to enter into contracts with agencies of the State of Nebraska or of the United States, or municipalities, for the obtaining of water service for use by the district or for furnishing the same for domestic or other uses.Source  Laws 1967, c. 279, § 9, p. 752.
NE Code § 46-1010 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1010 - Board; employees.

46-1010.  Board; employees.The board of any such district in this state acting in its capacity as the governing body may employ such common and skilled labor, and professional and other services, as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district, and the maintenance thereof.Source  Laws 1967, c. 279, § 10, p. 752.
NE Code § 46-1011 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1011 - Plans and specifications; filing; approval; benefit units; water sale.

46-1011.  Plans and specifications; filing; approval; benefit units; water sale.Plans and specifications for any proposed improvement authorized by sections 46-1001 to 46-1020 shall be filed with the director, the Department of Environment and Energy, and the secretary of the district. No construction of any such improvement shall begin until the plans and specifications for such improvement have been approved by the director and the Department of Environment and Energy, except that if the improvement involves a public water system as defined in section 71-5301, only the Department of Environment and Energy shall be required to review the plans and specifications for such improvement and approve the same if in compliance with the Nebraska Safe Drinking Water Act and departmental regulations adopted thereunder.The total benefits of any such improvement shall be divided into a suitable number of benefit units. Each landowner within the district shall subscribe to a number of such units in proportion to the extent he or she desires to participate in the benefits of the improvements. As long as the capacity of the district's facilities permits, participating members of the district may subscribe to additional units upon payment of a unit fee for each such unit. Owners of land located within the district who are not participating members may subscribe to such units as the board in its discretion may grant, and upon payment of the unit fee for each such unit shall be entitled to the same rights as original participating members. If the capacity of the district's facilities permits, the district may sell water to persons engaged in hauling water and to any political subdivision organized under the laws of the State of Nebraska.Source   Laws 1967, c. 279, § 11, p. 752;   Laws 1979, LB 546, § 2;   Laws 1996, LB 1044, § 262;  Laws 2000, LB 900, § 232;  Laws 2001, LB 667, § 10;  Laws 2007, LB296, § 205;  Laws 2021, LB148, § 56.   Operative Date: July 1, 2021  Cross References  Nebraska Safe Drinking Water Act, see section 71-5313.
NE Code § 46-1012 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-1012 - Owners of land outside of district; petition; contents.

46-1012.  Owners of land outside of district; petition; contents.Owners of land outside any district which can economically be served by the facilities of the district may petition to become attached to such district. Such petition for attachment shall be supported by signatures of landowners in the same manner as prescribed in section 46-1003. Such petition shall be filed with the county clerk addressed to the county board and shall define the boundaries of lands owned by the petitioners desired to be attached, and shall state (1) the name of the district to which attachment is desired; (2) that such lands are without an adequate water supply; and (3) that attachment to such district will be conducive to and will promote the public health, convenience and welfare.Source   Laws 1967, c. 279, § 12, p. 753;   Laws 1972, LB 1502, § 1.