reglab/housing_qa huggingface dataset:
NE Code § 46-203 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-203 - First appropriators; declared first in right.

46-203.  First appropriators; declared first in right.As between appropriators, the one first in time is first in right.Source   Laws 1889, c. 68, § 7, p. 504;   R.S.1913, § 3371;   Laws 1919, c. 190, tit. VII, art. V, div. 1, § 3, p. 832;   C.S.1922, § 8408;   C.S.1929, § 46-503;   R.S.1943, § 46-203. Annotations  The right of appropriation for irrigation purposes is limited to the waters of natural streams of the state, and does not extend to waters in artificial drainage ditches. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941). Senior appropriator is entitled to water as against an upstream junior appropriator, as long as water in usable quantities can be delivered to senior appropriator. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940). It is the duty of the state to see that the waters of its streams used for irrigation purposes will not be wasted and that prior appropriators shall be protected as against subsequent appropriators. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935). While Nebraska was originally a riparian doctrine state, legislation was enacted adopting the principle of prior appropriation. Nebraska v. Wyoming, 325 U.S. 589 (1945). United States cannot claim assignment to it of excess waters under an appropriation, as excess would inure to benefit of other appropriators prior in time to United States. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
NE Code § 46-205 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-205 - First appropriators; date of priority.

46-205.  First appropriators; date of priority.The priority of an appropriation shall date from the filing of the application in the office of the Department of Natural Resources.Source   Laws 1895, c. 69, § 31, p. 254;   R.S.1913, § 3373;   Laws 1919, c. 190, tit. VII, art. V, div. 1, § 5, p. 832;   C.S.1922, § 8410;   C.S.1929, § 46-505;   R.S.1943, § 46-205;  Laws 2000, LB 900, § 94.
NE Code § 46-206 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-206 - Appropriation; water to be returned to stream.

46-206.  Appropriation; water to be returned to stream.The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exceeds in width one hundred feet, in which event not more than seventy-five percent of the regular flow shall be taken and any such taking shall be subject to the provisions of section 46-289.Source   Laws 1889, c. 68, § 6, p. 504;   Laws 1893, c. 40, § 3, p. 378;   R.S.1913, § 3376;   Laws 1919, c. 190, tit. VII, art. V, div. 1, § 8, p. 832;   C.S.1922, § 8413;   C.S.1929, § 46-508;   R.S.1943, § 46-206;   Laws 1981, LB 252, § 2.  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 primarily with the limitation of the amount of water that may be taken from a stream more than one hundred feet in width. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960). 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).
NE Code § 46-207 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-207 - Appropriation; no land to be crossed by more than one ditch.

46-207.  Appropriation; no land to be crossed by more than one ditch.No tract of land shall be crossed by more than one ditch, canal or lateral without the written consent and agreement of the owners thereof, if the first ditch, canal or lateral can be made to answer the purpose for which the second is desired or intended.Source   Laws 1889, c. 68, § 3, p. 504;   R.S.1913, § 3377;   Laws 1919, c. 190, tit. VII, art. V, div. 1, § 9, p. 832;   C.S.1922, § 8414;   C.S.1929, § 46-509;   R.S.1943, § 46-207. Annotations No tract of land shall, without consent of owner, be burdened with two or more ditches for watering of same territory. Walker v. Anderson, 90 Neb. 119, 132 N.W. 937 (1911); Paxton & Hershey Irr. C. & L. Co. v. Farmers & Merchants Irr. & L. Co., 45 Neb. 884, 64 N.W. 343 (1895).
NE Code § 46-208 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-208 - Transferred to section 61-205.

46-208.  Transferred to section 61-205.
NE Code § 46-209 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-209 - Transferred to section 61-206.

46-209.  Transferred to section 61-206.
NE Code § 46-210 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-210 - Transferred to section 61-207.

46-210.  Transferred to section 61-207.
NE Code § 46-212 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-212 - Transferred to section 61-208.

46-212.  Transferred to section 61-208.
NE Code § 46-212.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-212.01 - Transferred to section 61-209.

46-212.01.  Transferred to section 61-209.
NE Code § 46-213 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-213 - Transferred to section 61-211.

46-213.  Transferred to section 61-211.
NE Code § 46-215 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-215 - Transferred to section 61-212.

46-215.  Transferred to section 61-212.
NE Code § 46-216 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-216 - Transferred to section 61-213.

46-216.  Transferred to section 61-213.
NE Code § 46-217 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-217 - Transferred to section 61-214.

46-217.  Transferred to section 61-214.
NE Code § 46-218 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-218 - Transferred to section 61-215.

46-218.  Transferred to section 61-215.
NE Code § 46-219 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-219 - Transferred to section 61-216.

46-219.  Transferred to section 61-216.
NE Code § 46-226.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-226.01 - Application for recognition of incidental underground water storage; procedure.

46-226.01.  Application for recognition of incidental underground water storage; procedure.Any person having an approved perfected appropriation may file with the department an application for recognition of incidental underground water storage associated with such appropriation on a form prescribed and furnished by the department without cost. Upon receipt of an application, the department shall proceed in accordance with rules and regulations adopted and promulgated by the department.Source   Laws 1983, LB 198, § 5;   Laws 1985, LB 488, § 2.
NE Code § 46-226.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-226.02 - Application; director; approval; conditions.

46-226.02.  Application; director; approval; conditions.(1) The director may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions:(a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the application is filed;(b) If the water stored or to be stored underground will be used for irrigation purposes, the director may approve the service of additional amounts of land or different lands not identified to be served with facilities included under the original appropriation, if the director determines that the change is in the public interest, and that any interference with the rights of senior appropriators as a result of such change is unavoidable and not material;(c) The priority date shall remain the same as that of the original appropriation; and(d) When the application is for recognition of incidental underground water storage, such stored water is being withdrawn or is otherwise being used for beneficial purposes.(2) For an application filed pursuant to section 46-226.01, the burden shall be on the applicant to prove that underground water storage has occurred.(3) The director may grant the application in a modified or reduced form, if required by the public interest, and may impose such other reasonable conditions as deemed appropriate to protect the public interest.(4) The director's order of approval shall specify:(a) The source of the water stored or to be stored underground;(b) The underground water storage method; and(c) A description of the area served or to be served by the water stored underground.Source   Laws 1983, LB 198, § 6;   Laws 1985, LB 488, § 3;   Laws 1995, LB 350, § 2.
NE Code § 46-226.03 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-226.03 - Terms, defined.

46-226.03.  Terms, defined.For purposes of sections 46-226 to 46-243:(1) Department means the Department of Natural Resources;(2) Director means the Director of Natural Resources;(3) Incidental underground water storage has the same meaning as in section 46-296;(4) Induced ground water recharge means the process by which ground water withdrawn from wells near a natural stream is replaced by surface water flowing in the stream;(5) Intentional underground water storage has the same meaning as in section 46-296;(6) Public water supplier means a city, village, municipal corporation, metropolitan utilities district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary and improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes;(7) Underground water storage has the same meaning as in section 46-296; and(8) Well means a well, subsurface collector, or other artificial opening or excavation in the ground from which ground water flows under natural pressure or is artificially withdrawn.Source   Laws 1993, LB 301, § 1;  Laws 2000, LB 900, § 96;  Laws 2004, LB 962, § 5.
NE Code § 46-227 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-227 - Water in streams; measurement; duty of department.

46-227.  Water in streams; measurement; duty of department.The department shall measure or cause to be measured the quantity of water flowing in the several streams of the state, shall make a record thereof in the office of the department, and shall from time to time make such additional measurements as may be necessary, in considering applications for water appropriations and such controversies as may arise regarding the distribution of water.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 8, p. 835;   C.S.1922, § 8427;   C.S.1929, § 81-6308;   R.S.1943, § 46-227;  Laws 2000, LB 900, § 97.
NE Code § 46-228 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-228 - Flowing water; standards of measurement.

46-228.  Flowing water; standards of measurement.The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of distributing it therefrom when appropriations have been made for direct flow, shall be one cubic foot per second of time. The standard of measurement of the volume of water shall be one acre-foot, equivalent to forty-three thousand five hundred sixty cubic feet, and when water is stored in any natural or artificial reservoir, this standard shall be used for determining the capacity of storage reservoirs, the amount stored, and the amount used therefrom, except that for public water supplier appropriations, the standard of measurement may be in terms of gallons.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 21, p. 843;   C.S.1922, § 8440;   C.S.1929, § 81-6321;   R.S.1943, § 46-228;   Laws 1993, LB 301, § 2.
NE Code § 46-229.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-229.01 - Department; examine condition of ditches.

46-229.01.  Department; examine condition of ditches.The department shall, as often as necessary, examine into the condition of all ditches constructed or partially constructed within the state and shall compile information concerning the condition of every water appropriation and all ditches and canals and other works constructed or partially constructed thereunder.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 9, p. 836;   C.S.1922, § 8428;   C.S.1929, § 81-6309;   R.S.1943, § 46-229;   Laws 1947, c. 172, § 1(2), p. 520;  Laws 2000, LB 900, § 99.
NE Code § 46-229.05 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-229.05 - Adjudication of water rights; appeal.

46-229.05.  Adjudication of water rights; appeal.An appeal may be taken from the decision of the department upon such hearing as provided by section 61-207.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 9, p. 837;   C.S.1922, § 8428;   C.S.1929, § 81-6309;   R.S.1943, § 46-229;   Laws 1947, c. 172, § 1(6), p. 522;   Laws 1991, LB 732, § 106;  Laws 2000, LB 900, § 101.  Annotations This section does not violate constitutional notions of due process. In re Water Appropriation Nos. 442A, 461, 462, and 485, 210 Neb. 161, 313 N.W.2d 271 (1981).
NE Code § 46-229.06 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-229.06 - Appropriations; partial cancellation; rate of diversion; determination.

46-229.06.  Appropriations; partial cancellation; rate of diversion; determination.When a departmental proceeding that is conducted pursuant to sections 46-229 to 46-229.04 concerns the partial cancellation of an appropriation, the department may receive evidence on the question of whether, following such partial cancellation, a reduction in the rate of diversion to the maximum rate prescribed in section 46-231 would result in an authorized diversion rate less than the rate necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation. If the director determines, based on a preponderance of the evidence, that such rate would be less than the rate necessary, in the interests of good husbandry, for the production of crops, he or she may approve a diversion rate for the remaining portion of the appropriation greater than the maximum rate authorized by section 46-231. Such increased rate can be no greater than the rate authorized for the appropriation prior to the partial cancellation and no greater than the rate determined by the director to be necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation.Source Laws 2004, LB 962, § 10.
NE Code § 46-230 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-230 - Adjudication of water rights; record; duty of appropriation owner to furnish information; notice.

46-230.  Adjudication of water rights; record; duty of appropriation owner to furnish information; notice.(1) As the adjudication of a stream progresses and as each claim is finally adjudicated, the director shall make and cause to be entered of record in his or her office an order determining and establishing the priorities of right to use the water of such stream, the amount of the appropriation of the persons claiming water from such stream and the character of use for which each appropriation is found to have been made, and the address of the owner of each water appropriation.(2) Whenever requested by the department, the owner of any appropriation not held by an irrigation district, reclamation district, public power and irrigation district, or mutual irrigation or canal company shall provide the department with the name, address, and telephone number of each then-current owner of the appropriation and with the name, address, and telephone number of any tenant or other person who is authorized by the owner to receive opening and closing notices and other departmental communications relating to the appropriation. Each appropriation owner shall also notify the department any time there is a change in any of such names, addresses, or telephone numbers. Notice of ownership changes may be provided to the department in the manner provided in section 76-2,124 or in any other manner authorized by the department. If notice of an ownership change is provided other than in accordance with such section, the notice shall include such evidence of ownership as the director may require. Notice of all other changes may be provided in any manner authorized by the department. Upon receipt of any new information, the department shall update its records. The department shall not collect a fee for the filing of any such information or for updating its records.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 10, p. 837;   C.S.1922, § 8429;   C.S.1929, § 81-6310;   Laws 1941, c. 29, § 11, p. 137;   C.S.Supp.,1941, § 81-6310;   R.S.1943, § 46-230;   Laws 1973, LB 186, § 7;   Laws 1979, LB 204, § 1;  Laws 2000, LB 900, § 102;  Laws 2001, LB 667, § 2;  Laws 2002, LB 458, § 1;  Laws 2004, LB 962, § 11.
NE Code § 46-233.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-233.01 - Permit to appropriate water for use in another state; application; considerations; determination.

46-233.01.  Permit to appropriate water for use in another state; application; considerations; determination.(1) Application may be made to the department for a permit to appropriate any of the public surface waters of the State of Nebraska to be diverted or stored in Nebraska for use in any other state.(2) In determining whether to grant such application, the director shall consider the following factors:(a) Whether unappropriated water exists in the source of supply named in the application;(b) Whether such application and appropriation when perfected are not otherwise detrimental to the public welfare;(c) Whether denial of the application is demanded by the public interest; and(d) Whether the proposed use is a beneficial use of water.(3) When determining whether denial of such application is demanded by the public interest, the director shall consider the following factors:(a) The economic, environmental, and other benefits of the proposed use;(b) Any adverse economic, environmental, and other impacts of the proposed use;(c) Any current beneficial uses being made of the unappropriated water;(d) The economic, environmental, and other benefits of not allowing the appropriation and preserving the water supply for beneficial uses within the state;(e) Alternative sources of water supply available to the applicant; and(f) Any other factors consistent with the purposes of this section that the director deems relevant to protecting the interests of the state and its citizens.The application shall be deemed in the public interest if the overall benefits to Nebraska are greater than the adverse impacts to Nebraska. 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 1953, c. 161, § 1, p. 504;   Laws 1987, LB 146, § 4;  Laws 2000, LB 900, § 105.
NE Code § 46-233.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-233.02 - Appropriation of water for use in another state; laws governing; rights of appropriators.

46-233.02.  Appropriation of water for use in another state; laws governing; rights of appropriators.Such applications and all rights thereunder shall be governed by the provisions of the Constitution and statutes of Nebraska as now existing or hereafter amended. Appropriators under the provisions of sections 46-233.01 and 46-233.02 shall have no greater rights than those under appropriations for use within the State of Nebraska.Source  Laws 1953, c. 161, § 2, p. 505.
NE Code § 46-234 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-234 - Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.

46-234.  Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.If there is no unappropriated water in the source of supply or if a prior appropriation has been perfected to water the same land to be watered by the applicant, the department may refuse such application. An application may also be refused (1) if existing facilities other than those owned or operated by the applicant are to be utilized and the applicant fails to show, by documentary evidence, agreements with the owner and operator of the facilities to allow the applicant to use such facilities or (2) when denial is demanded by the public interest. The party making such application shall not prosecute such work so long as such refusal continues in force. An application for appropriation shall not be exclusive of any of the lands included therein until the owner or owners of such land give consent to the same in proper form duly acknowledged. No application made or canal constructed, prior to the application of the water and the perfection of an appropriation therefor or the filing of the consent, shall prevent other applications from being allowed and other canals from being constructed to irrigate the same lands or any of them. In case of an application for an appropriation of water for the development of water power, the department shall promptly act upon such application and limit the time within which such appropriation shall be perfected to the period within which the proposed power project can be completed by uninterrupted and expeditious construction.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 18, p. 842;   Laws 1921, c. 291, § 1, p. 941;   C.S.1922, § 8437;   C.S.1929, § 81-6318;   R.S.1943, § 46-234;   Laws 1981, LB 252, § 3;   Laws 1984, LB 672, § 1;  Laws 2000, LB 900, § 106.