reglab/housing_qa huggingface dataset:
NE Code § 46-158 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-158 - High water; duty of board; automatic measuring devices; interchange of water.

46-158.  High water; duty of board; automatic measuring devices; interchange of water.It shall be the duty of the board of directors to keep the water flowing through the ditches and canals under its control to the full capacity of such ditches and canals in times of high water when the same can be beneficially applied to the lands thereunder and does not interfere with the rights of other appropriators, except that upon the filing of a petition in the office of the board of directors of any irrigation district, signed by a majority of the landowners who are electors therein, requesting that rules and regulations be adopted by the board permitting and providing for any of the following specific orders or changes in the method of operating its canal, it shall become the duty of such board to immediately provide for the adoption and enforcement of the same, namely, (1) that an automatic measuring device be placed in or near the headgate or any main diverting gate of the main canal, in order that a continuous record shall be kept by such district of the amount of water received into the canal for the use of the lands in such district, (2) that automatic measuring devices be placed in the headgates or all main laterals and distributing laterals within the district from and by which water is diverted to tracts or units of twenty acres or more, for the purpose of determining at all times the amount of water going to or being received upon any and all such tracts of land, and that the person having charge of the canal shall keep a separate and correct record of the amount of water delivered through each of such headgates at all times and shall file the same in the office of the board of directors for public inspection, and (3) that a system be provided for the interchange of water from one tract of land to another at the option of the owner or lessee of any lands within such district at any time, and further provide that rules made by the board or the person having charge of such canals for delivering water in alternate sections of a canal or ditch shall not interfere with this right.Source   Laws 1895, c. 70, § 31, p. 290;   Laws 1911, c. 163, § 1, p. 536;   R.S.1913, § 3489;   C.S.1922, § 2889;   C.S.1929, § 46-134;   R.S.1943, § 46-158;   Laws 1987, LB 140, § 1.
NE Code § 46-159 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-159 - Prior acts not repealed; diversion of water without compensation prohibited.

46-159.  Prior acts not repealed; diversion of water without compensation prohibited.None of the provisions of sections 46-101 to 46-1,111, shall be construed as repealing or in any way modifying the provisions of any other law relating to the subject of irrigation or water commissioners. Nothing in said sections contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.Source   Laws 1895, c. 70, § 32, p. 290;   R.S.1913, § 3490;   C.S.1922, § 2890;   C.S.1929, § 46-135;   R.S.1943, § 46-159.
NE Code § 46-160 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-160 - Irrigation district; liability for failure to deliver water; conditions; limitation.

46-160.  Irrigation district; liability for failure to deliver water; conditions; limitation.Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; Provided, however, such districts shall not be liable as herein provided, unless the party suffering such damages by reason of such negligence or failure shall, within thirty days after such negligent acts are committed, or such districts shall fail to deliver water, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts committed or the omissions of duties to be performed on the part of the district, which it is claimed to constitute such negligence or omission and that he expects to hold such district liable for whatever damages may result; provided further, such action shall be brought within one year from the time the cause has accrued.Source   Laws 1911, c. 164, § 1, p. 538;   R.S.1913, § 3526;   C.S.1922, § 2926;   C.S.1929, § 46-171;   R.S.1943, § 46-160. Annotations  Action grounded on negligence for failure to deliver water was barred. Cover v. Platte Valley Public Power & Irr. Dist., 156 Neb. 644, 57 N.W.2d 275 (1953). Requirement of written notice to district does not apply to damages arising from the invasion of contract right to a specific quantity of the natural flow of water in a river. Ledingham v. Farmers Irr. Dist., 135 Neb. 276, 281 N.W. 20 (1938). Irrigation district, being liable hereunder for failure to deliver water to landowner entitled thereto, is not liable for injury resulting from lawful application of water to land by owners. Spurrier v. Mitchell Irr. Dist., 119 Neb. 401, 229 N.W. 273, 74 A.L.R. 884 (1930). Notice required by this section is in time, if filed within thirty days from time district had reasonable opportunity to make repair and negligently fails to do so, or, without reasonable excuse, signifies it will not be made. Six v. Bridgeport Irr. Dist., 105 Neb. 254, 179 N.W. 1014 (1920).
NE Code § 46-161 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-161 - District boundaries; changes; inclusion of lands; petition; contents.

46-161.  District boundaries; changes; inclusion of lands; petition; contents.The holder or holders of title or evidence of title representing one-half or more of any body of contiguous lands, adjacent to the boundary of an irrigation district and which taken together constitute one tract of land, may file with the board of directors of such district a petition in writing, praying that the boundaries of such district be changed to include their lands. The petition shall describe the boundaries of the parcel or tract of land and shall also describe the boundaries of the several parcels respectively owned by the petitioners, if the petitioners are the owners of distinct parcels, but such description need not be more particular than required when such lands are entered by the county assessor in the assessment book. Such petition shall contain the consent of the petitioners to the inclusion in such district of the parcels or tracts of land described in the petition and of which the petition alleges that they are respectively the owners and shall be acknowledged in the same manner that conveyances of land are required to be acknowledged.Source   Laws 1895, c. 70, § 34, p. 291;   R.S.1913, § 3492;   Laws 1921, c. 273, § 1, p. 901;   C.S.1922, § 2892;   C.S.1929, § 46-137;   R.S.1943, § 46-161;  Laws 1999, LB 103, § 1.  Cross References   Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.  Assessment book, description of lands, see section 77-1613.
NE Code § 46-162 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-162 - Inclusion of lands; notice; advance cost of proceeding, by whom paid.

46-162.  Inclusion of lands; notice; advance cost of proceeding, by whom paid.The secretary of the board of directors shall cause notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required by section 46-194 to be published. The notice shall state the filing of such petition and the names of the petitioner, a description of the lands mentioned in the petition, and the prayers of the petition; and it shall notify all persons interested, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice, and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under sections 46-161 to 46-173.Source   Laws 1895, c. 70, § 35, p. 291;   R.S.1913, § 3493;   C.S.1922, § 2893;   C.S.1929, § 46-138;   R.S.1943, § 46-162.
NE Code § 46-163 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-163 - Inclusion of lands; hearing; assent of parties; when implied.

46-163.  Inclusion of lands; hearing; assent of parties; when implied.The board of directors, at the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned shall proceed to hear the petition, and all the objections thereto, presented in writing by any person, showing cause as aforesaid, why the proposed change of the boundaries of the district should not be made. The failure of any person interested in the district or in the matter of the proposed change of its boundaries, to show cause in writing as aforesaid, shall be deemed and taken as an assent on his part to the change of the boundaries of the district, as prayed for in the petition, or to such a change thereof as will include a part of the lands. The filing of such petition with the board as aforesaid shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of the boundaries that they may include the whole or any portion of the lands described in the petition.Source   Laws 1895, c. 70, § 36, p. 292;   R.S.1913, § 3494;   C.S.1922, § 2894;   C.S.1929, § 46-139;   R.S.1943, § 46-163.
NE Code § 46-164 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-164 - Inclusion of lands; payment of share of original cost to new district; when required.

46-164.  Inclusion of lands; payment of share of original cost to new district; when required.The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated, the several amounts to be determined by the board, as such petitioners or their grantors would have been required to pay to such district as assessments had such lands been included in such district at the time the same was originally formed.Source   Laws 1895, c. 70, § 37, p. 293;   R.S.1913, § 3495;   C.S.1922, § 2895;   C.S.1929, § 46-140;   R.S.1943, § 46-164.
NE Code § 46-165 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-165 - Inclusion of lands; action of board; order; contents.

46-165.  Inclusion of lands; action of board; order; contents.The board of directors, if it deems it is not for the best interest of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. If it deems it is for the best interest of the district that the boundaries of the district be changed and if no person interested in the proposed change of its boundaries shows cause in writing why the proposed change should not be made or if, having shown cause, such person withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in the petition, or some part thereof. The order shall describe the boundaries of the included lands and it shall clearly show the change in the boundaries of the district.Source   Laws 1895, c. 70, § 38, p. 293;   R.S.1913, § 3496;   C.S.1922, § 2896;   C.S.1929, § 46-141;   R.S.1943, § 46-165;   Laws 1955, c. 182, § 1, p. 512.
NE Code § 46-166 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-166 - Inclusion of lands; objection made; action of board.

46-166.  Inclusion of lands; objection made; action of board.If any person interested in the district, or the proposed change of its boundaries shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deems it for the best interest of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board is of the opinion should be included within the boundaries of the district when changed.Source   Laws 1895, c. 70, § 39, p. 293;   R.S.1913, § 3497;   C.S.1922, § 2897;   C.S.1929, § 46-142;   R.S.1943, § 46-166.
NE Code § 46-167 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-167 - Inclusion of lands; objection made; election required; notice; assent of Secretary of the Interior; when required.

46-167.  Inclusion of lands; objection made; election required; notice; assent of Secretary of the Interior; when required.Upon the adoption of the resolution mentioned in section 46-166, the board shall order that an election be held within the district to determine whether the boundaries of the district shall be changed as mentioned in the resolution, and shall fix the time at which such election shall be held, and cause notice thereof to be given and posted and published, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by section 46-194 in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at the election shall have the words For change of boundary, or Against change of boundary, or words equivalent thereto. The notice of election shall describe the boundaries in such manner and terms that it can be readily traced; Provided, that in case contract has been made between the district and the United States as provided in section 46-126 or 46-156, no change shall be made in the boundaries of the district and the board shall make no order changing the boundaries of the district until the Secretary of the Interior shall assent thereto in writing and such assent be filed with the board of directors.Source   Laws 1895, c. 70, § 40, p. 294;   R.S.1913, § 3498;   Laws 1915, c. 69, § 10, p. 181;   C.S.1922, § 2898;   C.S.1929, § 46-143;   R.S.1943, § 46-167.
NE Code § 46-168 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-168 - Inclusion of lands; result of vote; duty of board.

46-168.  Inclusion of lands; result of vote; duty of board.If at such election a majority of all the votes cast at the election shall be against such change of the boundaries of the district, the board shall order that the petition be denied, and shall proceed no further in that matter. If a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order the boundaries of the district to be changed in accordance with the resolutions adopted by the board.Source   Laws 1895, c. 70, § 41, p. 294;   R.S.1913, § 3499;   C.S.1922, § 2899;   C.S.1929, § 46-144;   R.S.1943, § 46-168;   Laws 1955, c. 182, § 2, p. 513.
NE Code § 46-169 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-169 - Changed boundaries; copy of order filed in recorder's office; effect.

46-169.  Changed boundaries; copy of order filed in recorder's office; effect.Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain an irrigation district as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district.Source   Laws 1895, c. 70, § 42, p. 295;   R.S.1913, § 3500;   C.S.1922, § 2900;   C.S.1929, § 46-145;   R.S.1943, § 46-169. Cross References  Original boundaries, filing of order, see section 46-111.
NE Code § 46-170 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-170 - Changed boundaries; record; certified copy as evidence.

46-170.  Changed boundaries; record; certified copy as evidence.Upon the filing of the copies of the order, as mentioned in section 46-169, the secretary shall record in the minutes of the board the petition aforesaid; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.Source   Laws 1895, c. 70, § 43, p. 295;   R.S.1913, § 3501;   C.S.1922, § 2901;   C.S.1929, § 46-146;   R.S.1943, § 46-170.
NE Code § 46-171 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-171 - Inclusion of lands; guardians, executors, and administrators; when authorized to sign petitions.

46-171.  Inclusion of lands; guardians, executors, and administrators; when authorized to sign petitions.A guardian, executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in section 46-161, and may show cause, as mentioned in section 46-166 why the boundaries of the district should not be changed.Source   Laws 1895, c. 70, § 44, p. 295;   R.S.1913, § 3502;   C.S.1922, § 2902;   C.S.1929, § 46-147;   R.S.1943, § 46-171.
NE Code § 46-172 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-172 - Inclusion of new land in district; redivision required; election precincts.

46-172.  Inclusion of new land in district; redivision required; election precincts.In case of the inclusion of any land within any district by proceedings under section 46-161 the board of directors must, at least thirty days prior to the next succeeding general election, make an order redividing such district into three divisions, as nearly equal in size as may be practicable, which shall be numbered first, second and third, and one director shall thereafter be elected by each division. For the purpose of elections the board of directors shall establish one or more election precincts in the districts and define the boundary or boundaries thereof, which may thereafter be changed from time to time as the board may deem necessary.Source   Laws 1895, c. 70, § 45, p. 295;   R.S.1913, § 3503;   Laws 1919, c. 111, § 2, p. 274;   C.S.1922, § 2903;   C.S.1929, § 46-148;   R.S.1943, § 46-172.
NE Code § 46-173 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-173 - District boundaries; changes; exclusion of lands; effect.

46-173.  District boundaries; changes; exclusion of lands; effect.The boundaries of any irrigation district organized under the provisions of sections 46-101 to 46-128 may be changed and tracts of land included within the boundaries of such district, at or after its organization under the provisions of said sections, may be excluded therefrom in the manner prescribed in sections 46-174 to 46-184; but neither such change of the boundaries of the district nor such exclusion of lands from the district shall impair or affect its organization, or its rights in or to property, or any of its rights or privileges, of whatever kind or nature; nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made or had not any land been excluded from the district.Source   Laws 1895, c. 70, § 46, p. 296;   R.S.1913, § 3491;   C.S.1922, § 2891;   C.S.1929, § 46-136;   R.S.1943, § 46-173. Annotations Equity will not interfere to separate nonirrigable lands from irrigation district in absence of showing that plaintiffs have sought to avail themselves of statutory method herein provided. Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).
NE Code § 46-174 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-174 - Exclusion of lands; petition; form; contents.

46-174.  Exclusion of lands; petition; form; contents.The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may file with the board of directors of the district a petition praying that such tracts and any other tracts contiguous thereto may be excluded and taken from the district. The petition shall describe the boundaries of the land which the petitioners desire to have excluded from the district and also the lands of each of such petitioners which are included within such boundaries, but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance.Source   Laws 1895, c. 70, § 47, p. 296;   R.S.1913, § 3504;   Laws 1921, c. 272, § 1, p. 900;   C.S.1922, § 2904;   C.S.1929, § 46-149;   R.S.1943, § 46-174;  Laws 1999, LB 103, § 2.  Cross References   Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.  Assessment book, description of lands, see section 77-1613. Annotations  This section does not preclude owner of land not benefited by irrigation from paying tax under protest and filing claim for refund, instead of moving to exclude such land from district, as remedy hereunder is not exclusive. Morrow v. Farmers Irr. Dist., 117 Neb. 424, 220 N.W. 680 (1928). After district is duly organized, statutory procedure herein prescribed for detaching lands, other than nonirrigable, is exclusive. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909); Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).