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2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3232 - Districts; studies, investigations, surveys, and demonstrations; powers.

2-3232.
Districts; studies, investigations, surveys, and demonstrations; powers.
Each district shall have the power and authority to:
(1) Make studies, investigations, or surveys and do research as may be necessary to carry out its authorized purposes, enter upon any land, after notifying the owner or occupier, for the purpose of conducting such studies, investigations, surveys, and research, and publish and disseminate the results. Entry upon any property pursuant to this section shall not be considered trespass, and damages are not recoverable on that account alone. In case of any actual or demonstrable damage to premises, the district shall pay the owner of the premises the amount of the damages. Upon failure of the landowner and the district to agree upon the amount of damages, the landowner, in addition to any other available remedy, may file a petition as provided in section 76-705. To avoid duplication of effort, any such studies, investigations, surveys, research, or dissemination shall be in cooperation and coordination with the programs of the University of Nebraska, or any department thereof, and any other appropriate state agencies; and
(2) Conduct demonstration projects within the district on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district, upon obtaining the consent of the owners of such land or the necessary rights and interest in such lands, in order to demonstrate by example the means, methods, and measures by which soil and water resources may be conserved and soil erosion in the form of soil blowing and soil washing may be prevented and controlled. Demonstration projects shall be coordinated with the programs of the Agricultural Research Division of the University of Nebraska Institute of Agriculture and Natural Resources.
Source
Laws 1969, c. 9, § 32, p. 121;
Laws 1991, LB 663, § 32;
Laws 1994, LB 480, § 11;
Laws 1999, LB 436, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3233 - Districts; water rights, waterworks, and property; acquisition; disposal.

2-3233.
Districts; water rights, waterworks, and property; acquisition; disposal.
Each district shall have the power and authority to acquire and dispose of water rights in accordance with Chapter 46, article 2, to acquire by grant, purchase, bequest, devise, or lease and to hold and use waterworks, personal property, and interests in or title to real property, and to sell, lease, encumber, or otherwise dispose of such waterworks and property. Each district shall also have the power and authority to acquire, construct, own, operate, control, maintain, and use any and all such works and facilities, both within and without the district, necessary to carry out its authorized purposes and furnish water service for domestic, irrigation, power, manufacturing, and other beneficial purposes.
Source
Laws 1969, c. 9, § 33, p. 122;
Laws 1994, LB 480, § 12;
Laws 1998, LB 896, § 7;
Laws 1999, LB 436, § 7.
Annotations
A water right applicant has no transferable property right in a mere application to divert water. In re Applications A-15145, A-15146, A-15147, and A-15148, 230 Neb. 580, 433 N.W.2d 161 (1988).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234 - Districts; eminent domain; powers.

2-3234.
Districts; eminent domain; powers.
Except as provided in sections 2-3226.11 and 2-3234.02 to 2-3234.09, each district shall have the power and authority to exercise the power of eminent domain when necessary to carry out its authorized purposes within the limits of the district or outside its boundaries. Exercise of eminent domain shall be governed by the provisions of sections 76-704 to 76-724, except that whenever any district seeks to acquire the right to interfere with the use of any water being used for power purposes in accordance with sections 46-204, 70-668, 70-669, and 70-672 and is unable to agree with the user of such water upon the compensation to be paid for such interference, the procedure to condemn property shall be followed in the manner set forth in sections 76-704 to 76-724 and no other property shall be included in such condemnation. No district shall contract for delivery of water to persons within the corporate limits of any village, city, or metropolitan utilities district, nor in competition therewith outside such corporate limits, except by consent of and written agreement with the governing body of such political subdivision. A village, city, or metropolitan utilities district may negotiate and, if necessary, exercise the power of eminent domain for the acquisition of water supply facilities of the district which are within its boundaries.
Source
Laws 1969, c. 9, § 34, p. 122;
Laws 1972, LB 543, § 12;
Laws 1994, LB 480, § 13;
Laws 1998, LB 896, § 8;
Laws 1999, LB 436, § 8;
Laws 2009, LB160, § 6;
Laws 2010, LB1010, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.01 - Districts; grant easements.

2-3234.01.
Districts; grant easements.
A district may grant easements across real estate under its ownership for purposes which are in the public interest and do not adversely affect the primary purpose for which such real estate is owned by the district.
Source
Laws 1984, LB 861, § 14.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.02 - Trails; procedures.

2-3234.02.
Trails; procedures.
Sections 2-3234.02 to 2-3234.09 are procedures for the use of eminent domain by a natural resources district to take private real property for a trail.
Source
Laws 2010, LB1010, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.03 - Trails; terms, defined.

2-3234.03.
Trails; terms, defined.
For purposes of sections 2-3234.02 to 2-3234.09:
(1) District means a natural resources district;
(2) Private real property does not include any public land such as real property under the general management of the Board of Educational Lands and Funds;
(3) Supermajority means sixty-seven percent or more; and
(4) Trail means a thoroughfare or track across real property used for recreational purposes.
Source
Laws 2010, LB1010, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.04 - Trails; public hearing; considerations.

2-3234.04.
Trails; public hearing; considerations.
Before establishing a trail, the district shall consider, at a public hearing, all of the following:
(1) The proposed route for the trail, including maps and illustrations, and the mode of travel to be permitted;
(2) The areas adjacent to such route to be utilized by the district for scenic, historic, natural, cultural, or developmental purposes;
(3) The characteristics that make the proposed route suitable as a trail;
(4) The plans for developing, operating, and maintaining the proposed trail;
(5) Any anticipated problems enforcing the proper use of the proposed trail or hazards to private real property adjacent to such trail;
(6) The current status of the real property ownership and current and potential use of the real property in and along the proposed route;
(7) The estimated cost of acquisition of the real property, or an interest therein, needed for the proposed route; and
(8) The extent and type of private real property interest needed to establish the proposed trail, the right-of-way acquisition process to be followed, and the circumstances under which eminent domain may be utilized.
Source
Laws 2010, LB1010, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.06 - Trails; right of access.

2-3234.06.
Trails; right of access.
When the acquisition of a parcel of private real property, or an interest therein, for a trail divides the private real property in such a manner that the owner has no reasonable access to one part of the divided parcel, the district shall allow reasonable access across the trail at a location mutually agreed upon by the owner of such divided parcel and the district.
Source
Laws 2010, LB1010, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.07 - Trails; applicability of other law.

2-3234.07.
Trails; applicability of other law.
Acquisition of private real property, or an interest therein, and any utilization of eminent domain approved under sections 2-3234.02 to 2-3234.09 to establish a proposed trail shall be conducted in the manner and subject to the requirements provided in sections 25-2501 to 25-2506 and 76-701 to 76-726.
Source
Laws 2010, LB1010, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.08 - Trails; owner or lessee; duties; negotiated written agreement; requirements.

2-3234.08.
Trails; owner or lessee; duties; negotiated written agreement; requirements.
(1) A private real property owner or lessee of property adjoining a trail has no duty (a) to maintain or repair the trail or (b) to protect users of the trail from danger resulting from conditions on the trail unless such conditions are the result of an intentional or negligent act of such owner or lessee.
(2) A negotiated written agreement between a district and a private real property owner regarding the acquisition of real property, or an interest therein, by the district to establish and maintain a trail shall clearly express both parties' rights and obligations, including the obligation of the district to maintain the trail and the liability of the district for property damage or personal injury, or both, to users of the trail.
Source
Laws 2010, LB1010, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3234.09 - Trails; decision of district board; appeal.

2-3234.09.
Trails; decision of district board; appeal.
An affected private real property owner may appeal the decision of the district board to use eminent domain under sections 2-3234.02 to 2-3234.09 by petition in error to the district court of the county where the affected private real property is located. No petition to condemn private real property affected by the proposed trail shall be filed in county court until any error proceeding under this section is final.
Source
Laws 2010, LB1010, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3235 - Districts; cooperation; agreements; authorized; contributions; materials and services to landowners; terms.

2-3235.
Districts; cooperation; agreements; authorized; contributions; materials and services to landowners; terms.
(1) Each district shall have the power and authority to cooperate with or to enter into agreements with and, within the limits of appropriations available, to furnish financial or other aid to any cooperator, any agency, governmental or otherwise, or any owner or occupier of lands within the district for the carrying out of projects for benefit of the district as authorized by law, subject to such conditions as the board may deem necessary.
(2) As a condition to the extending of any benefits to or the performance of work upon any lands not owned or controlled by this state or any of its agencies, the directors may require contributions in money, services, materials, or otherwise to any operations conferring such benefits and may require landowners to enter into and perform such agreements or covenants as to the permanent use of such lands as will tend to prevent or control erosion thereon.
(3) Each district may make available, on such terms as it shall prescribe, to landowners within the district specialized equipment, materials, and services which are not readily available from other sources and which will assist such landowners to carry on operations upon their lands for the conservation of soil and water resources and for the prevention and control of soil erosion. Whenever reasonably possible, purchases or contracts for such equipment shall be made from retail establishments.
Source
Laws 1969, c. 9, § 35, p. 123;
Laws 1991, LB 15, § 3;
Laws 1994, LB 480, § 14;
Laws 1999, LB 436, § 9;
Laws 2000, LB 891, § 2.
Annotations
This section gives a natural resources district express authority to cooperate, enter agreements, and furnish aid to private developers and landowners to carry out projects that benefit the district. Japp v. Papio-Missouri River NRD, 273 Neb. 779, 733 N.W.2d 551 (2007).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3236 - Districts; appointment as fiscal agent of United States; powers.

2-3236.
Districts; appointment as fiscal agent of United States; powers.
Each district shall have the power and authority to accept appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for and on behalf of the United States in connection with any federal project, whereupon the district shall have full power to do any and all things required by the federal statutes in connection therewith, and all things required by the rules and regulations established by any department of the federal government in regard thereto.
Source
Laws 1969, c. 9, § 36, p. 123.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3237 - Districts; weather modification programs; authorized.

2-3237.
Districts; weather modification programs; authorized.
A natural resources district may establish weather modification programs. A district may enter into agreements with companies, service organizations, municipalities, political subdivisions, public or private postsecondary educational institutions, or state or federal agencies to establish or participate in such programs.
Source
Laws 1998, LB 1161, § 11.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3238 - Districts; develop, store, and transport water; water service; powers; limitation.

2-3238.
Districts; develop, store, and transport water; water service; powers; limitation.
Each district shall have the power and authority to develop, store and transport water, and to provide, contract for, and furnish water service for domestic purposes, irrigation, milling, manufacturing, mining, metallurgical, and any and all other beneficial uses, and to fix the terms and rates therefor. Each district may acquire, construct, operate, and maintain dams, reservoirs, ground water storage areas, canals, conduits, pipelines, tunnels, and any and all works, facilities, improvements, and property necessary therefor. No district shall contract for delivery of water for irrigation uses within any area served by any irrigation district, public power and irrigation district, or reclamation district, except by consent of and written agreement with such irrigation district, public power and irrigation district, or reclamation district.
Source
Laws 1969, c. 9, § 38, p. 125.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3239 - Districts; assessment of benefits; powers.

2-3239.
Districts; assessment of benefits; powers.
Each district shall have the power and authority to list in separate ownership the lands within the district which are susceptible of irrigation from the district sources, to enter into contracts to furnish water service to all such lands, and to levy assessments against the lands within the district to which water service is furnished on the basis of the value per acre-foot of water service furnished to the lands within the district;
Provided,
the board may divide the district into units and fix a different value per acre-foot of water in the respective units, and in such case shall assess the lands within each unit upon the same basis of value per acre-foot of water service furnished to lands within such unit.
Source
Laws 1969, c. 9, § 39, p. 125.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3240 - Districts; certain activities; laws, rules, and regulations applicable.

2-3240.
Districts; certain activities; laws, rules, and regulations applicable.
In matters pertaining to applications for appropriation and use of surface water, construction of dams, drainage and channel rectification projects, and installation of ground water wells, districts shall comply with Chapter 46, articles 2, 6, and 7, and the applicable rules and regulations of the department.
Source
Laws 1969, c. 9, § 40, p. 126;
Laws 2000, LB 900, § 57;
Laws 2006, LB 1226, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3241 - Districts; additional powers.

2-3241.
Districts; additional powers.
Each district shall have the power and authority to provide technical and other assistance as may be necessary or desirable in rural areas to abate the lowering of water quality in the state caused by sedimentation, effluent from feedlots, and runoff from cropland areas containing agricultural chemicals. Such assistance shall be coordinated with the programs and the stream quality standards as established by the Department of Environment and Energy.
Source
Laws 1969, c. 9, § 41, p. 126;
Laws 1972, LB 1045, § 2;
Laws 1972, LB 543, § 13;
Laws 1993, LB 3, § 3;
Laws 2019, LB302, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3242 - Districts; water projects; powers.

2-3242.
Districts; water projects; powers.
Each district shall have the power and authority to (1) build or construct, operate and maintain, any reservoir, dike or levee to prevent overflow of water, (2) drain any cropland subject to overflow by water, or drain wet land when desirable to make reasonable use of such land whether such condition is caused by surface water or ground water, or drain any land which will be improved by drainage, (3) locate and construct, straighten, widen, deepen, or alter and maintain any ditch, drain, stream, or watercourse, (4) riprap or otherwise protect the bank of any stream or ditch, and (5) construct, enlarge, extend, improve, or maintain any stream of drainage or system of control of surface water.
Source
Laws 1969, c. 9, § 42, p. 126.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3243 - Districts; lands owned or controlled by state; preventive and control measures; powers.

2-3243.
Districts; lands owned or controlled by state; preventive and control measures; powers.
Each district shall have the power and authority to carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, changes in use of land, and other measures as may be determined feasible on lands owned or controlled by this state or any of its agencies, with the cooperation of the agency administering and having jurisdiction thereof, and on any other lands within the district upon obtaining the consent of the owners of such lands or the necessary rights or interests in such lands.
Source
Laws 1969, c. 9, § 43, p. 127.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3253 - Improvement project areas; petition; contents; hearing.

2-3253.
Improvement project areas; petition; contents; hearing.
(1) A hearing on a proposed improvement project area, on altering the boundaries of an existing improvement project area, or on adopting a proposed project may be initiated by petition of landowners. All petitions filed with the board of the natural resources district must contain:
(a) A statement of the problem involved;
(b) A presentation of the project proposed;
(c) A description of the area to be affected by the project; and
(d) A request for a hearing.
(2) If there are twenty or less landowners in the improvement project area, then the signatures of at least one-fourth must be on the petition. If there are more than twenty, then the signature of ten landowners shall be sufficient. Any petition regarding a project which would provide a revenue-producing continuing service shall contain so many signatures of landowners as shall in the board's discretion indicate enough interest to generate sufficient revenue to recover any reimbursable costs should a project be authorized.
Source
Laws 1969, c. 9, § 53, p. 131;
Laws 1973, LB 206, § 5;
Laws 2001, LB 136, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.01 - Improvement project; determination of special benefits; effect.

2-3254.01.
Improvement project; determination of special benefits; effect.
When determining the apportionment of benefits under section 2-3254, the board shall also make a determination as to what portion of the project will result in special benefits to lands and property and such determination, if not appealed as provided in section 2-3255, shall be conclusive as establishing the authority of the district to levy special assessments and issue bonds and warrants for such project.
Source
Laws 1981, LB 388, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.02 - Improvement project; bonds; issued; when.

2-3254.02.
Improvement project; bonds; issued; when.
When a project which would not result in the provision of revenue-producing continuing services has been completed, the district shall have the power to issue its negotiable bonds entitled improvement project area bonds for the purpose of paying the cost of the special benefit portion of the project. Such bonds shall be payable from money in the sinking fund established in section 2-3254.05, and be issued under the conditions in section 2-3254.07.
Source
Laws 1981, LB 388, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.03 - Improvement project; financed with bonds; requirements; warrants issued; when.

2-3254.03.
Improvement project; financed with bonds; requirements; warrants issued; when.
(1) Prior to awarding contracts for work in connection with any project the board proposes to finance in whole or in part by improvement project area bonds issued pursuant to section 2-3254.02, there shall be placed on file with the board an engineer's estimate of the total cost of such project. After any award of a contract for any such project, there shall be placed on file with the board a revised engineer's estimate of the total cost of that part of such project for which an award has been made. Such revised estimate shall be based upon the prices provided for in such contract. The revised estimate shall specifically state the estimated total cost of that part of the project for which awards have been made and which relates to that portion of the project which will result in special benefits to an area.
(2) For the purpose of making partial payments as the work progresses, warrants may be issued by the district. Such warrants shall not be issued in an amount which exceeds the engineer's revised estimate for that part of the project for which awards have been made and which relates to that portion of the project which will result in special benefits to an area. Such warrants shall become due and payable not later than five years from the date of their issuance and shall draw interest at a rate fixed by the board and stated in such warrants from the date of presentation for registration and payment. The warrants shall be redeemed and paid from the proceeds of special assessments, from the sale of bonds issued and sold as provided for in section 2-3254.02, or from other available funds of the district, including proceeds from the tax levied pursuant to section 2-3225. The district may agree to pay annual or semiannual interest on all warrants issued by the district, and may issue warrants to pay such interest or issue warrants in return for cash to pay such interest. If determined appropriate by the board, the district may pay fees to fiscal agents in connection with the placement of warrants or bonds issued by the district.
Source
Laws 1981, LB 388, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.04 - Improvement project areas; issuance of bonds; special assessment levy; hearing; notice; delinquent; interest.

2-3254.04.
Improvement project areas; issuance of bonds; special assessment levy; hearing; notice; delinquent; interest.
Before issuing any improvement project area bonds pursuant to section 2-3254.02, special assessments shall be levied by resolution of the board for the improvement project area. Such levy of special assessments shall be made after the holding of a hearing by the board for which notice shall be published at least once a week for three weeks in a newspaper of general circulation in the improvement project area. Such notice shall state the time and place for such meeting and that such meeting shall be held for the purpose of hearing all parties interested in the levying of assessments for special benefits by reason of the improvements. All special assessments shall become due within fifty days after the date of levy and may be paid within that time without interest. If not paid within the fifty days, they shall bear interest therefrom at the rate established by the board. Such assessment shall become delinquent in equal annual installments over a period of years which the board may determine at the time of making the levy. Delinquent installments shall bear interest until paid at the rate established by the board. If three or more installments shall become delinquent, the board may declare all of the remaining installments to be delinquent and such installments shall bear interest at the rate established by the board for delinquent installments and may be collected in the same manner as other delinquent installments.
Source
Laws 1981, LB 388, § 5;
Laws 2001, LB 136, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.05 - Improvement project; special assessment proceeds; sinking fund; use.

2-3254.05.
Improvement project; special assessment proceeds; sinking fund; use.
The proceeds of all special assessments for an improvement project area shall constitute a sinking fund for the purposes of paying the cost of the special benefit portion of the project and for paying warrants and bonds issued pursuant to sections 2-3252 and 2-3254.01 to 2-3254.07 and shall, together with the interest payable upon such special assessments, be set aside and used to pay such costs, bonds, and warrants. Any money remaining in the sinking fund after fully discharging such costs, bonds, and warrants may be applied by the board for operation and maintenance expenses relating to such project or may be transferred to the general fund of the district. In any resolution authorizing the issuance of bonds or warrants, the board may provide that general funds of the district, including the proceeds from such district's tax levied pursuant to section 2-3225, shall be transferred and paid into the sinking fund to provide for the prompt payment of principal and interest on any bonds and warrants of the district which are to be paid from such sinking fund, as they become due.
Source
Laws 1981, LB 388, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.06 - Improvement project; special assessments; lien; delinquency; foreclosure; sale final; when.

2-3254.06.
Improvement project; special assessments; lien; delinquency; foreclosure; sale final; when.
(1) The natural resources district shall have a lien upon the real estate within its boundaries for all special assessments for improvement project areas which are due. Such lien shall be inferior only to general taxes levied by political subdivisions of the state. When such special assessments have become delinquent and the real property against which they are assessed has not been offered at any tax sale, the district may proceed in the district court in the county in which the real estate is situated to foreclose in its own name upon the lien in the same manner and with like effect as a foreclosure of a real estate mortgage, except that sections 77-1903 to 77-1917, shall govern in every case when applicable.
(2) Final confirmation of sale in such foreclosure proceedings and the issuance of a deed of sale to the district, or its assignee, cannot be had until two years have expired from the date of the sale held by the sheriff and until personal notice has been served on the occupants of the real property after such two-year period. The remedy granted in this section to a natural resources district for the collection of delinquent special assessments shall be cumulative and in addition to other existing methods.
Source
Laws 1981, LB 388, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3254.07 - Improvement project; issuance of warrants or bonds; conditions.

2-3254.07.
Improvement project; issuance of warrants or bonds; conditions.
The following conditions shall apply when the board issues warrants or improvement project area bonds to fund the special benefit portion of a project:
(1) Neither the members of the board nor any person executing the warrants or bonds shall be liable personally thereon by reason of their issuance;
(2) The warrants or bonds shall be a debt of the district only and shall state this on their face;
(3) Warrants and bonds of the district are declared to be issued for an essential public and governmental purpose and to be public instruments, and together with interest and income thereon, shall be exempt from all taxes;
(4) Bonds shall be authorized by a majority vote of the board which shall determine the manner and place of their execution. The bonds may be issued in one or more series and shall bear such a date, be payable upon demand or mature at such a time, bear interest at such a rate, be in such a denomination, be in such form, be payable at such a place, and be subject to redemption prior to maturity upon such a term and with such notice, as the board may direct; and
(5) Bonds and warrants issued pursuant to sections 2-3252 and 2-3254.01 to 2-3254.07 may be sold in any manner and for such price as the board of directors may determine.
Source
Laws 1981, LB 388, § 8.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3255 - Improvement projects; apportionment of benefits; appeal.

2-3255.
Improvement projects; apportionment of benefits; appeal.
From any order or decision of the board of directors of the natural resources district, an appeal may be taken to the district court by any person aggrieved by filing an undertaking in the sum of two hundred dollars with such sureties as may be approved by the clerk of the district court. Such undertaking shall be conditioned that the appellant will prosecute such appeal without delay and will pay all costs adjudged against him in the district court. Such undertaking shall be executed to the board of directors of the natural resources district and may be sued on in the name of the obligee. Where the project area is confined to the limits of one county, the appeal shall be taken to the district court of that county. When such project includes lands in two or more counties, the appeal shall be taken to the district court of the county in which the largest portion of the land which is claimed to be affected adversely by the order or decision appealed from lies. The appeal must be taken within thirty days after such decision or order has been entered by the secretary of the board of directors.
Source
Laws 1969, c. 9, § 55, p. 133.
Annotations
The provisions of this section are a mechanism for appeal solely from decisions or orders of a board of directors of a natural resources district regarding special improvement projects and are not applicable to decisions of the board that do not arise in the context of special improvement projects. Japp v. Papio-Missouri River NRD, 271 Neb. 968, 716 N.W.2d 707 (2006).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3256 - Structural works; supervision by licensed engineer; when.

2-3256.
Structural works; supervision by licensed engineer; when.
All design or construction by a district of structural works costing more than one hundred thousand dollars shall be under the supervision of a licensed engineer except as otherwise provided in the Engineers and Architects Regulation Act. The Board of Engineers and Architects shall adjust the dollar amount in this section every fifth year. The first such adjustment after August 27, 2011, shall be effective on July 1, 2014. The adjusted amount shall be equal to the then current amount adjusted by the cumulative percentage change in the Consumer Price Index for All Urban Consumers published by the Federal Bureau of Labor Statistics for the five-year period preceding the adjustment date. The amount shall be rounded to the next highest one-thousand-dollar amount.
Source
Laws 1969, c. 9, § 56, p. 133;
Laws 1978, LB 420, § 1;
Laws 1997, LB 622, § 56;
Laws 1999, LB 253, § 1;
Laws 2004, LB 599, § 1;
Laws 2011, LB45, § 1.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3257 - Structural works; design; submit to department; approve or disapprove.

2-3257.
Structural works; design; submit to department; approve or disapprove.
Detailed plans for the design of certain structural works by a district shall be submitted to the department as outlined in the Safety of Dams and Reservoirs Act and section 46-256. The department shall review the plans and shall approve or disapprove such plans within thirty days after submission. No construction work shall be started until the department has approved such plans.
Source
Laws 1969, c. 9, § 57, p. 133;
Laws 2000, LB 900, § 59;
Laws 2005, LB 335, § 71.
Cross References
Safety of Dams and Reservoirs Act, see section 46-1601.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3276 - Districts; master plan; prepare and adopt; contents; review; filed.

2-3276.
Districts; master plan; prepare and adopt; contents; review; filed.
By August 1, 1979, each natural resources district shall prepare and adopt a master plan to include but not be limited to a statement of goals and objectives for each of the purposes stated in section 2-3229. The master plan shall be reviewed and updated as often as deemed necessary by the district, but in no event less often than once each ten years. A copy of the master plan as adopted and all revisions and updates thereto shall be filed with the department.
Source
Laws 1978, LB 783, § 2;
Laws 2000, LB 900, § 60.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3277 - Districts; long-range implementation plan; prepare and adopt; contents; review; filing; department; develop guidelines.

2-3277.
Districts; long-range implementation plan; prepare and adopt; contents; review; filing; department; develop guidelines.
Each district shall also prepare and adopt a long-range implementation plan which shall summarize planned district activities and include projections of financial, personnel, and land rights needs of the district for at least the next five years and the specific needs assessment upon which the current budget is based. Such long-range implementation plan shall be reviewed and updated annually. A copy of the long-range implementation plan and all revisions and updates thereto as adopted shall be filed with the department, the Governor's Policy Research Office, and the Game and Parks Commission on or before October 1 of each year. The department shall develop and make available to the districts suggested guidelines regarding the format and general content of such long-range implementation plans.
Source
Laws 1978, LB 783, § 3;
Laws 1979, LB 412, § 3;
Laws 2000, LB 900, § 61.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3278 - Districts; individual project plans; file; coordinate plans.

2-3278.
Districts; individual project plans; file; coordinate plans.
Each district shall also prepare and adopt any individual project plans as it deems necessary to carry out projects approved by the district. Project plans as developed involving state regulations or financing shall be filed with the appropriate agency. A project plan for any project shall also be filed with any of the agencies named in section 2-3277, if a timely request in writing is made by such agency. Each district shall consult with and coordinate its plans with those of other local implementation agencies.
Source
Laws 1978, LB 783, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3279 - Districts; plans; period for review and comment; alteration of plans.

2-3279.
Districts; plans; period for review and comment; alteration of plans.
All plans submitted by a district under sections 2-3276 to 2-3278, except those filed in compliance with state requirements or for the purpose of state financial assistance, shall be accorded a thirty-day period for review and comment. Failure to reply within thirty days shall be conclusive that the plans have been endorsed by the reviewing agency. All comments on plans shall be reviewed by the district and alterations of the plans may be made as the district deems appropriate. If any state agency comments indicate a lack of conformance with the goals, criteria, and policies of any outdoor recreation plan, any fish and wildlife plan, or indicate a conflict with state policies or plans approved by the Legislature, such plans shall be altered as deemed necessary by the district prior to proceeding with implementation.
Source
Laws 1978, LB 783, § 5;
Laws 1981, LB 326, § 12.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3280 - State funds; allocated or disbursed; when.

2-3280.
State funds; allocated or disbursed; when.
No state funds shall be allocated or disbursed to a district unless that district has submitted its master plan in accordance with sections 2-3229 and 2-3276 to 2-3280 and until the disbursing agency has determined that such funds are for plans, facilities, works, and programs which are in conformance with the plans of the agency.
Source
Laws 1978, LB 783, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3281 - Court action; district, officer, or employee; party litigant; no bond required.

2-3281.
Court action; district, officer, or employee; party litigant; no bond required.
No bond for cost, appeal, supersedeas, injunction, or attachment shall be required of any natural resources district or any officer, board, agent, or employee of any such district in any proceeding or court action in which the natural resources district or its officer, board, agent, or employee is a party litigant in its or his or her official capacity.
Source
Laws 1980, LB 884, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3290 - District; land; use for recreational purposes; fees.

2-3290.
District; land; use for recreational purposes; fees.
Except as otherwise provided in section 2-3290.01, a district which owns land or has a lease or an easement permitting the use of land for public recreational purposes may adopt and promulgate rules and regulations governing the use of such land as provided in sections 2-3292 to 2-32,100. For purposes of sections 2-3234.01 and 2-3290 to 2-32,101, unless the context otherwise requires, recreation area means land owned by the district or over which a district has a lease or an easement permitting the use thereof for public recreational purposes which the board authorizes to be used for such purposes.
In addition to the authority provided in section 2-3292 to establish and collect fees, a district may establish and collect permit fees for public access to such land.
Source
Laws 1984, LB 861, § 2;
Laws 1996, LB 1241, § 1;
Laws 2006, LB 1113, § 15.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3290.01 - Water project; public use; public access; district; duties; conditions.

2-3290.01.
Water project; public use; public access; district; duties; conditions.
(1) A district shall permit public use of those portions of a water project located on lands owned by the district and on land over which the district has a lease or an easement permitting use thereof for public recreational purposes. All recreational users of such portions of a water project shall abide by the applicable rules and regulations adopted and promulgated by the board.
(2) The district shall provide public access for recreational use at designated access points at any water project. Recreational users, whether public or private, shall abide by all applicable rules and regulations for use of the water project adopted and promulgated by the district or the political subdivision in which the water project is located. Public recreational users may only access the water project through such designated access points. Nothing in this subsection shall require public access when the portion of the project cost paid by the natural resources district with public funds does not exceed twenty percent of the total cost of the project.
(3) For purposes of this section, water project means a project with cooperators or others, as authorized in section 2-3235, that results in construction of a reservoir or other body of water having a permanent pool suitable for recreational purposes greater than one hundred fifty surface acres, the construction of which commenced after July 14, 2006. Water project shall not mean soil conservation projects, wetlands projects, projects described in section 2-3226.11, or other district projects with cooperators or others that do not have a recreational purpose.
(4) For projects funded under section 2-3226.11 that result in a reservoir or other body of water having a permanent pool suitable for recreational purposes greater than twenty surface acres, the district shall provide public access for recreational use at designated access points and shall include access to the land area a minimum distance of one hundred feet from the permanent pool. Recreational users, whether public or private, shall abide by all applicable rules, regulations, ordinances, or resolutions for use of the project adopted by the district or the political subdivision in which the project is located. Public recreational users may only access the project through such designated access points.
Source
Laws 2006, LB 1113, § 14;
Laws 2009, LB160, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3291 - District; recreation area; emergency permission and revocation; procedure.

2-3291.
District; recreation area; emergency permission and revocation; procedure.
The rules and regulations adopted and promulgated by a district to permit, prohibit, or otherwise govern activities in a recreation area as provided in sections 2-3292 to 2-32,100 may set out the circumstances under which the manager of the district may give permission for an activity in emergency situations or may, by the posting of appropriate signs, temporarily revoke permission for an activity or temporarily or permanently close a recreation area when revocation or closing is in the interest of public health, safety, or welfare or is for the protection or preservation of property. If the manager is unable, because of absence, to give or revoke permission as authorized in this section, or the manager's position is vacant, such authority shall vest in the chairperson of the board. If for the same reasons, the chairperson of the board is unable to give or revoke permission as authorized in this section, such authority shall vest in a district representative designated by a majority vote of the board, and such action shall be recorded in the board minutes.
Source
Laws 1984, LB 861, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3292 - District; recreation area; designation of camping and other areas; violation; penalty.

2-3292.
District; recreation area; designation of camping and other areas; violation; penalty.
(1) A district may designate camping areas in a recreation area, permit camping in a camping area, and prescribe such conditions as are reasonable and proper governing public use of a camping area, including, but not limited to, access to the camping area, area capacity, sanitation, opening and closing hours, public safety, fires, establishment and collection of fees where appropriate, protection of property, and zoning of activities. A district may also designate picnicking, hiking, backpacking, and other noncamping areas. The conditions for use of all such designated areas shall be posted on appropriate signs at the recreation area.
(2) Any person who camps, picnics, hikes, backpacks, or engages in any other unauthorized activity in a recreation area on land not designated as a camping, picnicking, hiking, backpacking, or similar area by the district or fails to observe the posted conditions governing use of such area shall be guilty of a Class V misdemeanor.
Source
Laws 1984, LB 861, § 4.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3293 - District; recreation area; regulate use of fire; violation; penalty.

2-3293.
District; recreation area; regulate use of fire; violation; penalty.
(1) A district may regulate the use of any type of fire, including the smoking of tobacco in any form, and provide for the size, location, and conditions under which a fire may be established in a recreation area. A district may regulate the possession or use in a recreation area of any type of fireworks not prohibited by law.
(2) Any person who lights any type of fire, uses any fireworks, smokes tobacco in any form, or leaves unattended and unextinguished any fire of any type in any location in a recreation area when not permitted by a district shall be guilty of a Class V misdemeanor.
Source
Laws 1984, LB 861, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3294 - District; recreation area; regulate pets and other animals; violation; penalty.

2-3294.
District; recreation area; regulate pets and other animals; violation; penalty.
(1) A district may permit pets, domestic animals, and poultry to be brought upon, possessed, grazed, maintained, or run at large in all or any portion of a recreation area.
(2) Any person who brings upon, possesses, grazes, maintains, or allows to run at large any pet, domestic animal, or poultry in a recreation area when not permitted by the district shall be guilty of a Class V misdemeanor.
Source
Laws 1984, LB 861, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3295 - District; recreation area; permit hunting, fishing, trapping, weapons; violation; penalty.

2-3295.
District; recreation area; permit hunting, fishing, trapping, weapons; violation; penalty.
(1) A district may on a temporary or permanent basis permit hunting, fishing, trapping or other forms of fur harvesting, or the public use of firearms, bow and arrow, or any other projectile weapons or devices in all or any portion of a recreation area.
(2) Any person who hunts, fishes, traps, harvests fur, or uses firearms, bow and arrow, or any other projectile weapon or device in a recreation area when not permitted by the district shall be guilty of a Class V misdemeanor.
Source
Laws 1984, LB 861, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-3296 - District; recreation area; permit water-related activities; violation; penalty.

2-3296.
District; recreation area; permit water-related activities; violation; penalty.
(1) Except as otherwise provided in section 2-3290.01, a district may permit and regulate swimming, bathing, boating, wading, waterskiing, the use of any floatation device, or any other water-related recreational activity in all or any portion of a recreation area and may provide for special conditions to apply to specific swimming, bathing, boating, wading, or waterskiing areas. Any special conditions shall be posted on appropriate signs in the areas to which they apply.
(2) Any person who swims, bathes, boats, wades, water-skis, uses any floatation device, or engages in any other water-related recreational activity in a recreation area when not permitted by a district shall be guilty of a Class V misdemeanor.
Source
Laws 1984, LB 861, § 8;
Laws 2006, LB 1113, § 16.