reglab/housing_qa huggingface dataset:
NE Code § 46-235.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-235.01 - Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.

46-235.01.  Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.A public water supplier which has received an appropriation for induced ground water recharge pursuant to section 46-235 may, from time to time and within twenty-five years after the priority assigned pursuant to section 46-233, petition the department for a hearing to present evidence showing that all or part of the original projection for additional water needs specified pursuant to subsection (2) of section 46-233 corresponds with the actual use. To the extent the public water supplier is making beneficial use of all or a portion of the water projected in the original application, the right to use such additional water shall vest and the priority date of such anticipated water use shall date back to the priority date assigned pursuant to section 46-233. A public water supplier may not request such a hearing at intervals of less than five years for each approved application.Source  Laws 1993, LB 301, § 5.
NE Code § 46-235.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-235.02 - Public water supplier; payment of compensation; when.

46-235.02.  Public water supplier; payment of compensation; when.(1) Just compensation shall be required if a public water supplier exercises a preference to the injury of a senior appropriator.(2) Just compensation shall be provided by a public water supplier to any injured junior appropriator whose appropriation was perfected prior to September 9, 1993, if and to the extent such injury resulted from regulation of junior appropriators requested by the public water supplier to provide water for any purpose other than domestic. Such compensation shall not be required to a junior appropriator if the regulation requested is to provide water for domestic purposes only. At the time any junior appropriator whose appropriation was perfected prior to September 9, 1993, is regulated at the request of a public water supplier, the department shall determine for each such appropriator the extent to which the regulation is for domestic purposes and the extent to which it is for other purposes.(3) A cause of action for just compensation shall accrue at the time a junior appropriator is regulated by the department.Source   Laws 1993, LB 301, § 6;  Laws 2000, LB 900, § 108.
NE Code § 46-235.03 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-235.03 - Public water suppliers; natural resources districts; powers.

46-235.03.  Public water suppliers; natural resources districts; powers.Natural resources districts shall have the authority to impose restrictions or controls on public water suppliers as specified in the Nebraska Ground Water Management and Protection Act. Such restrictions or controls may limit the withdrawal of ground water to a greater degree or extent than is otherwise permitted or allowed by a permit issued by the department.Source   Laws 1993, LB 301, § 7;  Laws 2000, LB 900, § 109.  Cross References  Nebraska Ground Water Management and Protection Act, see section 46-701.
NE Code § 46-235.04 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-235.04 - Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.

46-235.04.  Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.(1) Induced ground water recharge appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Appropriations for induced ground water recharge may be canceled and annulled as provided in sections 46-229.02 to 46-229.05.(2) The department may approve the transfer of priority dates among water wells, including replacement water wells, located within a single well field that are subject to an induced recharge appropriation, or are part of an application for such an appropriation, to improve the well field's efficiency of operation with respect to river flow. The transfers shall be approved if the department finds that (a) the transfers would not increase the quantity of induced ground water recharge under the original priority date or application, (b) the amount of water withdrawn from water wells under the original priority date or application would not increase, (c) the quantity of streamflow needed to sustain well field operation under the original priority date would decrease, (d) the transfer would not impair the rights of other appropriators, and (e) the transfer is in the public interest in the same manner as provided in section 46-235. The department may assign multiple priority dates to a single water well that replaces two or more water wells which are abandoned. Replacement water wells installed pursuant to this subsection must be installed within the same well field as the abandoned water well. Notice shall be furnished and any hearing held as provided in sections 46-291 and 46-292. For purposes of this subsection, single well field means those contiguous tracts of land owned or leased by the applicant containing two or more water wells subject to induced recharge.Source   Laws 1993, LB 301, § 8;   Laws 1995, LB 871, § 2;   Laws 1997, LB 30, § 1;  Laws 2000, LB 900, § 110;  Laws 2004, LB 962, § 12.
NE Code § 46-236 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-236 - Application for water power; lease from state required; fee; renewal; cancellation; grounds.

46-236.  Application for water power; lease from state required; fee; renewal; cancellation; grounds.An application for appropriation of water for water power shall meet the requirements of section 46-234 and subsection (1) of section 46-235 to be approved. Within six months after the approval of an application for water power and before placing water to any beneficial use, the applicant shall enter into a contract with the State of Nebraska, through the department, for leasing the use of all water so appropriated. Such lease shall be upon forms prepared by the department, and the time of such lease shall not run for a greater period than fifty years; and for the use of water for power purposes the applicant shall pay into the state treasury on or before January 1 each year fifteen dollars for each one hundred horsepower for all water so appropriated. Upon application of the lessee or its assigns, the department shall renew the lease so as to continue it and the water appropriation in full force and effect for an additional period of fifty years.Upon the failure of the applicant to comply with any of the provisions of such lease and the failure to pay any of such fees, the department shall notify the lessee that the required fees have not been paid to the department or that the lessee is not otherwise in compliance with the provisions of the lease. If the lessee has not come into compliance with all provisions of the lease or has not paid to the department all required fees within fifteen calendar days after the date of such notice, the department shall issue an order denying the applicant the right to divert or otherwise use the water appropriation for power production. The department shall rescind the order denying use of the water appropriation at such time as the lessee has come into compliance with all provisions of the lease and has paid all required fees to the department. If after forty-five calendar days from the date of issuance of the order the lessee is not in compliance with all provisions of the lease or required fees have not been paid to the department, such lease and water appropriation shall be canceled by the department.Source   Laws 1921, c. 291, § 1, p. 942;   C.S.1922, § 8437;   C.S.1929, § 81-6318;   R.S.1943, § 46-236;   Laws 1972, LB 1306, § 1;   Laws 1987, LB 140, § 7;  Laws 2000, LB 900, § 111;  Laws 2011, LB27, § 1. Annotations  State may lease use of public waters for power purposes. Hickman v. Loup River P. P. Dist., 176 Neb. 416, 126 N.W.2d 404 (1964). Applicant for use of water for power purposes may make lease with state. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).
NE Code § 46-237 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-237 - Map or plat; requirements; failure to furnish; effect.

46-237.  Map or plat; requirements; failure to furnish; effect.(1) Within six months after approval and allowance of an application other than an application to appropriate public waters for induced ground water recharge, the applicant shall file in the office of the department a map or plat which shall conform to the rules and regulations of the department as to material, size, coloring, and scale. Such map or plat shall show the source from which the proposed appropriation is to be taken and all proposed dams, dikes, reservoirs, canals, powerhouses, and other structures for the purpose of storing, conveying, or using water for any purpose whatsoever and their true courses or positions in connection with the boundary lines and corners of lands which they occupy. The lands to be irrigated shall be identified in the manner prescribed by the department. No rights shall be deemed to have been acquired until the provisions of this section have been complied with. Except as provided in subsection (2) of this section, failure to so comply shall work a forfeiture of the appropriation and all rights thereunder.(2) For any appropriation with a priority date earlier than 1958 but for which either the appropriator has failed to comply with the requirements of subsection (1) of this section or a map or plat required by such subsection has been lost or destroyed through no fault of the appropriator, the lack of such compliance or of such map or plat shall not be the basis for a departmental adjudication or cancellation of the appropriation and the appropriation shall not be subject to legal challenge by any party on that basis.(3) The department may notify any appropriator subject to subsection (2) of this section of the need to file a map or plat of lands under such appropriation. Unless the department grants an extension for good cause shown, the appropriator shall file the required map within three years after that notification and such map shall conform to the rules and regulations of the department as to material, size, coloring, and scale. If the appropriator fails to comply, the department may deny the appropriator the right to divert or withdraw water subject to the appropriation until compliance has been achieved.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 19, p. 843;   C.S.1922, § 8438;   C.S.1929, § 81-6319;   R.S.1943, § 46-237;   Laws 1993, LB 301, § 9;  Laws 2000, LB 900, § 112;  Laws 2004, LB 962, § 13.  Annotations  Filing of map was required as a step in completing appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960). Under former law, where application for appropriation was approved by Department of Roads and Irrigation, and filing of map, etc., was made within six months thereafter pursuant to earlier section, department had discretion to extend time to complete work, owing to abnormal conditions. In re Application of Babson, 105 Neb. 317, 180 N.W. 562 (1920).
NE Code § 46-240 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-240 - Additional appropriation; conditions; application procedure.

46-240.  Additional appropriation; conditions; application procedure.Whenever any person shall desire to divert any of the unappropriated waters of any natural lake or reservoir, or any person shall desire to recover any unappropriated water intentionally stored underground, for irrigation or any other beneficial purpose, for which water has already been appropriated, but for which in times of scarcity no water can be obtained from the appropriation already made therefor, such person may make application therefor and proceed as in cases of original application for appropriation.An application for recovery of water intentionally stored underground may be made only by an appropriator of record who shows, by documentary evidence, sufficient interest in the underground water storage facility to entitle the applicant to the water requested.Source   Laws 1919, c. 190, tit. VII, art. V, div. 2, § 28, p. 845;   C.S.1922, § 8447;   C.S.1929, § 81-6328;   R.S.1943, § 46-240;   Laws 1983, LB 198, § 8;   Laws 1985, LB 488, § 4.
NE Code § 46-240.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-240.01 - Supplemental additional appropriations; agricultural appropriators; application.

46-240.01.  Supplemental additional appropriations; agricultural appropriators; application.All appropriators of water for agricultural purposes of less than the statutory limit of direct flow from the public waters of this state within the drainage basin of the stream from which such waters originate shall be entitled to such additional appropriation or appropriations from the direct flow of such stream, within the statutory limits provided by law, as may be necessary and required for the production of crops in the practice of good husbandry. Applications for such supplemental additional appropriations from the direct flow, upon the approval or granting thereof, shall have priority within the drainage basin as of the date such applications are filed in the office of the department.Source   Laws 1953, c. 160, § 1, p. 503;  Laws 2000, LB 900, § 114;  Laws 2011, LB31, § 1.
NE Code § 46-242 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-242 - Use of stored water; permit; application; conditions; limitations; procedure.

46-242.  Use of stored water; permit; application; conditions; limitations; procedure.(1) After the completion to the satisfaction of the department of a storage reservoir for which a permit has been obtained pursuant to section 46-241, any person proposing to apply to beneficial use the water stored shall file with the department an application for a permit particularly describing the use to which the water is to be applied and, if for irrigation, describing the land to be irrigated.(2) Application may be made for a permit to appropriate water for the irrigation of land lying both upstream and downstream from a storage reservoir or intentional underground water storage facility. Under an approved application for a permit to appropriate water stored in a reservoir or facility for use on land upstream from such reservoir or facility, water may be diverted from the stream by the applicant and a compensating amount of water shall be released from the reservoir or facility for the use of downstream appropriators, but the rights of prior appropriators shall not be adversely affected by such exchange of water.(3) The owner of a storage reservoir shall have a preferred right to make such application for a period of six months from the time limited for the completion of such reservoir. The date of the expiration of such period shall be endorsed upon the application when allowed. If an application is made by a person other than the owner of a reservoir at any time, the application shall not be approved by the department until the applicant shows, by documentary evidence, sufficient interest in such storage reservoir to entitle the applicant to enough water for the purpose set forth in the application.(4) Application may be made for a permit to appropriate water from a storage reservoir, subject to subsection (3) of this section, or an intentional underground water storage facility, subject to subsection (6) of section 46-241, for instream use of water for recreation or fish and wildlife if the appropriation will not prejudice the rights of any prior appropriator for a beneficial use.(5) An unapproved application for a permit pursuant to this section which is pending on August 26, 1983, may be amended to include use of stored water for intentional underground water storage.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 17, p. 852;   C.S.1922, § 8467;   C.S.1929, § 46-617;   R.S.1943, § 46-242;   Laws 1955, c. 183, § 3, p. 516;   Laws 1965, c. 272, § 1, p. 774;   Laws 1983, LB 198, § 10;   Laws 1991, LB 277, § 1;  Laws 2000, LB 900, § 116;  Laws 2003, LB 619, § 5.
NE Code § 46-243 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-243 - Application for water; reservoir intended for raising water level.

46-243.  Application for water; reservoir intended for raising water level.A reservoir constructed for the purpose of holding water back and raising it in order that it may be applied to lands of a higher level or given a greater head for power, shall not be considered a storage reservoir, but such reservoir together with the diverting or impounding dam, must be described in an application for flowing water when water is to be raised, in order to perfect the appropriation.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 17, p. 853;   C.S.1922, § 8467;   C.S.1929, § 46-617;   R.S.1943, § 46-243.
NE Code § 46-244 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-244 - Canals; declared works of internal improvement; laws applicable.

46-244.  Canals; declared works of internal improvement; laws applicable.Canals and other works constructed for irrigation or water power purposes, or both, are hereby declared to be works of internal improvement; and all laws applicable to works of internal improvement are hereby declared to be applicable to such canal and irrigation works.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 1, p. 846;   C.S.1922, § 8451;   C.S.1929, § 46-601;   R.S.1943, § 46-244. Cross References  Drover of livestock, duty to prevent damages, see section 54-305.Annotations  It is implied that all damages for taking or damaging of land must first be paid, and the fact that land is taken without institution of condemnation proceedings does not deprive owner of right to compensation. Dawson County Irr. Co. v. Stuart, 142 Neb. 428, 6 N.W.2d 602 (1942). Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands, irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937). Individual does not have right of eminent domain for irrigation of his own land only. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935). Irrigation canals are works of internal improvement and persons constructing same have power of eminent domain. Crawford Co. v. Hathaway, 67 Neb. 325, 93 N.W. 781 (1903).
NE Code § 46-245 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-245 - Irrigation canal, defined; laws applicable.

46-245.  Irrigation canal, defined; laws applicable.Any canal constructed for the purpose of developing water power, or any other useful purpose, and from which water can be taken for irrigation, is hereby declared to be an irrigation canal and all laws relating to irrigation canals shall be deemed applicable thereto.Source   Laws 1893, c. 40, § 2, p. 378;   R.S.1913, § 3375;   Laws 1919, c. 190, tit. VII, art. V, div. 1, § 7, p. 832;   C.S.1922, § 8412;   C.S.1929, § 46-507;   R.S.1943, § 46-245. Annotations 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 § 46-247 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-247 - Ditches, dams, or similar works; construction; eminent domain; procedure.

46-247.  Ditches, dams, or similar works; construction; eminent domain; procedure.In case of the refusal of the owner or claimant of any lands through which such ditch, canal, or other works are proposed to be made or constructed, to allow the passage thereof, the person desiring the right-of-way may acquire same through the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 3, p. 847;   C.S.1922, § 8453;   C.S.1929, § 46-603;   R.S.1943, § 46-247;   Laws 1951, c. 101, § 92, p. 487.  Annotations  Requirements of petition stated. Little v. Loup River Public Power Dist., 150 Neb. 864, 36 N.W.2d 261 (1949). A public power and irrigation district is given the power of condemnation by procedure in the county where the lands are situated if the owners of land object to construction. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941). Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939). When defect of misjoinder of parties appears on face of petition, it must be raised by special demurrer. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937). To confer jurisdiction, the petition in a condemnation proceeding must describe the lands to be crossed, the size of the ditch, canal, or works to be constructed, the quantity of the land to be taken, and the names of the parties interested. Platte Valley Public Power & Irr. Dist. v. Feltz, 132 Neb. 227, 271 N.W. 787 (1937). Individual does not have right of eminent domain for irrigation of his own land. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935). Petition must, with substantial accuracy, describe lands to be crossed, size of works to be constructed, and quantity of land to be taken. Blue River Power Co. v. Hronik, 112 Neb. 500, 199 N.W. 788 (1924). Right of eminent domain cannot be exercised for purely private purpose. Vetter v. Broadhurst, 100 Neb. 356, 160 N.W. 109 (1916).
NE Code § 46-248 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-248 - Right-of-way for irrigation laterals; condemnation; procedure.

46-248.  Right-of-way for irrigation laterals; condemnation; procedure.Whenever any person has acquired any rights to water for any lands owned by him, where, prior to the building of the laterals and the application of the water, any intervening canal, ditch, or lateral has been constructed, he shall have the right to construct laterals from such irrigation canal to the lands owned by him and to have such irrigation laterals across the lands and intervening canals to the land owned by him. If such intervening owner shall refuse to sell the right-of-way for such irrigation lateral, the owner shall have the right of eminent domain to condemn such right-of-way. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.Source   Laws 1919, c. 190, tit. VII, art. V, div. 3, § 4, p. 847;   C.S.1922, § 8454;   C.S.1929, § 46-604;   R.S.1943, § 46-248;   Laws 1951, c. 101, § 93, p. 488.