reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-645 - Pledge of revenue; authorized; when.

70-645.
Pledge of revenue; authorized; when.
Nothing in sections 70-644 to 70-653.02 contained shall prevent the district from assigning, pledging, or otherwise hypothecating, its revenue, incomes, receipts, or profits to secure the payment of indebtedness to the federal government;
Provided,
that the State of Nebraska shall never pledge its credit or funds, or any part thereof, for the payment or settlement of any indebtedness or obligation whatsoever of any district created under or subject to the provisions of Chapter 70, article 6.
Source
Laws 1933, c. 86, § 12, p. 353;
Laws 1937, c. 152, § 7, p. 587;
Laws 1939, c. 88, § 1, p. 382;
C.S.Supp.,1941, § 70-712;
Laws 1943, c. 146, § 6, p. 526;
R.S.1943, § 70-645;
Laws 1981, LB 181, § 23.
Annotations
District does business at profit or loss so as to be subject to payment of charges under Federal Power Act. Central Neb. P. P. & I. Dist. v. Federal Power Commission, 160 F.2d 782 (8th Cir. 1947).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-646.01 - District property; alienation to private power producers prohibited; exceptions.

70-646.01.
District property; alienation to private power producers prohibited; exceptions.
Except as provided in sections 18-412.07 to 18-412.09, 70-628.02 to 70-628.04, or 70-644 to 70-653.02, the plant, property, or equipment of a public power district shall never, by sale under foreclosure, receivership, bankruptcy proceedings, outright sale, or lease, become the property or come under the control of any private person, firm, or corporation engaged in the business of generating, transmitting, or distributing electricity for profit. This restriction does not apply to: (1) The exercise by a district of its rights and powers with respect to radioactive material or the energy therefrom; (2) the sales of ethanol production or distribution facilities; (3) the sales of hydrogen production, storage, or distribution facilities; (4) joint participation in any electric generation or transmission facility pursuant to sections 18-412.07 to 18-412.09 and 70-628.02 to 70-628.04; or (5) a nonprofit cooperative corporation that has provided financing for property, projects, or undertakings when such property is covered by a mortgage, pledge of revenue, or other hypothecation to secure the payment of a loan or loans made to a district. This restriction does not apply to a sale, transfer, or lease of property to a nonprofit electric cooperative corporation engaged in the retail distribution of electric energy in established service areas, which cooperative corporation is organized under the laws of the State of Nebraska or domesticated in the State of Nebraska, except that such property so acquired by a cooperative nonprofit corporation organized to provide financing or by a nonprofit electric cooperative corporation shall never become the property or come under the control of any person, firm, or corporation engaged in the business of generating, transmitting, or distributing electricity for profit. This section shall not be construed as an expansion of the authority of public power districts to engage in telecommunications services as may otherwise be authorized by statute.
Source
Laws 1997, LB 658, § 12;
Laws 2005, LB 139, § 15.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-647 - Indebtedness; default; possession by creditors; agreement authorized; terms; property restored to district; when.

70-647.
Indebtedness; default; possession by creditors; agreement authorized; terms; property restored to district; when.
In order to protect and safeguard the security and the rights of the purchasers or holders of revenue debentures, notes, warrants, or other evidences of indebtedness, issued by any district organized under or subject to Chapter 70, article 6, each such district may agree with such purchasers or holders that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, or in the event of default in performance of any duty or obligation of such district in connection therewith, such purchasers or holders, or trustee selected by them, may take possession and control of the business and the property of the district, and proceed to operate the same, and to collect and receive the income thereof, and after paying all necessary and proper operating expenses and all other proper disbursements or liabilities made or incurred, use the surplus, if any there be, of the revenue of the district as follows: (1) In the payment of all outstanding past-due interest on each issue of revenue debentures, notes, warrants, or other evidences of indebtedness, so far as such net revenue will go, and paying pro rata the interest due on each issue thereof when there is not enough to pay in full all of the interest; and (2) if any sums shall remain after the payment of interest as aforesaid, then in the payment of the revenue debentures, notes, warrants, or other evidences of indebtedness, which, by the terms thereof, shall be due and payable on each outstanding issue in accordance with the terms thereof, and paying pro rata when the money available is not sufficient to pay in full. When all legal taxes and charges, and all arrears of interest, and all matured revenue debentures, notes, warrants, or other evidences of indebtedness, have been paid in full, the control of the business and the possession of the property of the district shall then be restored to such district. The privilege herein granted shall be a continuing one as often as the occasion therefor may arise.
Source
Laws 1937, c. 152, § 7, p. 587;
Laws 1939, c. 88, § 1, p. 382;
C.S.Supp.,1941, § 70-712;
Laws 1943, c. 146, § 6, p. 526;
R.S.1943, § 70-647;
Laws 1981, LB 181, § 24.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-648 - Receivership; when authorized; discharge of receiver; when.

70-648.
Receivership; when authorized; discharge of receiver; when.
The board of directors of any district organized under or subject to Chapter 70, article 6, issuing revenue debentures, notes, warrants, or other evidences of indebtedness is hereby also authorized and empowered to agree and contract with the purchasers or holders thereof that in the event of default in the payment of interest on, or principal of, any such revenue debentures, notes, warrants, or other evidences of indebtedness, issued, or in the event of default in the performance of any duty or obligation under any agreement by such district, the holder or holders of such revenue debentures, notes, warrants, or other evidences of indebtedness then outstanding shall be entitled as a matter of right, upon application to a court of competent jurisdiction, to have appointed a receiver of the business and property of the district, including all tolls, rents, revenue, issues, income, receipts, profits, benefits, and additions derived, received or had thereof or therefrom, with power to operate and maintain such business and property, collect, receive, and apply all revenue, income, profits, and receipts arising therefrom, and prescribe rates, tolls, and charges, in the same way and manner as the district might do. Whenever all defaults in the payment of principal of, and interest on, such revenue debentures, notes, warrants, or other evidences of indebtedness, and any other defaults under any agreement made by the district, shall have been made good, such receiver shall be discharged by the court and shall therefor surrender control of the business and possession of the property in his or her hands to the district.
Source
Laws 1937, c. 152, § 7, p. 587;
Laws 1939, c. 88, § 1, p. 382;
C.S.Supp.,1941, § 70-712;
Laws 1943, c. 146, § 6, p. 527;
R.S.1943, § 70-648;
Laws 1981, LB 181, § 25.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-649 - Plant and system; sale to public agency; authorized; transfer of distribution facilities; restrictions; exception.

70-649.
Plant and system; sale to public agency; authorized; transfer of distribution facilities; restrictions; exception.
Any public power district or public power and irrigation district may sell to any public power district, public power and irrigation district, irrigation district, city or village, any power plant, electric generating plant, electric distribution system, or any parts thereof, for such sums and upon such terms as the board of directors of such public power district or public power and irrigation district may deem fair and reasonable. As a part of an agreement establishing retail service areas pursuant to section 70-1002, a district may transfer distribution facilities having a rating of less than fifteen thousand volts to a nonprofit rural electric membership corporation in exchange for similar facilities transferred to the district by the membership corporation with a net cash differential to be paid by either party not to exceed ten thousand dollars in any one transaction, but this restriction shall not apply to a sale, transfer or lease of property to a nonprofit electric cooperative corporation engaged in the retail distribution of electric energy in established service areas and which cooperative corporations are organized under the laws of the State of Nebraska or domesticated in the State of Nebraska;
Provided,
that such property so acquired by a nonprofit electric cooperative corporation shall never become the property or come under the control of any person, firm, or corporation engaged in the business of generating, transmitting or distributing electricity for profit.
Source
Laws 1939, c. 88, § 1, p. 382;
C.S.Supp.,1941, § 70-712;
Laws 1943, c. 146, § 6, p. 528;
R.S.1943, § 70-649;
Laws 1963, c. 397, § 21, p. 1267;
Laws 1969, c. 551, § 2, p. 2209.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-651.01 - Districts; payments in lieu of taxes.

70-651.01.
Districts; payments in lieu of taxes.
Every public power district or public power and irrigation district owning property with respect to which it made payments in lieu of taxes in the 1957 calendar year, shall, so long as it continues to own such property, continue to pay annually the same amounts in the same manner. The directors of any such district shall not have any personal liability by reason of such payments made either before or after September 28, 1959.
Source
Laws 1959, c. 317, § 1, p. 1163.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-651.02 - Districts; payments in lieu of taxes; distribution; use.

70-651.02.
Districts; payments in lieu of taxes; distribution; use.
The officer receiving payment under section 70-651.01 shall distribute to the state and to each governmental subdivision of the state entitled thereto a part of such payment equivalent to that part of the payment which it received in 1957 in lieu of taxes for property located within its boundaries. The payment may be used for such purposes as the governing body of the state or governmental subdivision prescribes.
Source
Laws 1959, c. 317, § 2, p. 1163.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-651.03 - Districts; gross revenue tax; how determined.

70-651.03.
Districts; gross revenue tax; how determined.
Beginning in 1960, every public corporation and political subdivision of the state, which is organized primarily to provide electricity or irrigation and electricity, and which sells electricity at retail within incorporated cities or villages, shall on or before April 1, of each year, pay to the county treasurer of the county in which any such incorporated city or village may be located, a sum equivalent to five percent of the gross revenue derived by it during the preceding calendar year from retail sales of electricity within such incorporated city or village, less an amount equivalent to the amount paid by such public corporation in lieu of taxes in the 1957 calendar year with respect to its properties in such city or village.
Source
Laws 1959, c. 317, § 3, p. 1163.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-651.04 - Districts; gross revenue tax; distribution.

70-651.04.
Districts; gross revenue tax; distribution.
All payments which are based on retail revenue from each incorporated city or village shall be divided and distributed by the county treasurer to that city or village, to the school districts located in that city or village, to any learning community located in that city or village for payments distributed prior to September 1, 2017, and to the county in which may be located any such incorporated city or village in the proportion that their respective property tax levies in the preceding year bore to the total of such levies, except that the only learning community levies to be included are the common levies for which the proceeds are distributed to member school districts pursuant to section 79-1073.
Source
Laws 1959, c. 317, § 4, p. 1164;
Laws 1979, LB 187, § 183;
Laws 1993, LB 346, § 6;
Laws 1995, LB 732, § 1;
Laws 2010, LB1070, § 2;
Laws 2016, LB1067, § 7.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-651.05 - Public power districts; payment made in lieu of other taxes and fees; exceptions.

70-651.05.
Public power districts; payment made in lieu of other taxes and fees; exceptions.
All payments made under sections 70-651.01 to 70-651.05 shall be in lieu of all other taxes, payments in lieu of taxes, franchise payments, occupation taxes, and excise taxes but shall not be in lieu of motor vehicle licenses and wheel taxes, permit fees, fuel taxes, and other such excise taxes or general sales taxes levied against the public generally.
Source
Laws 1959, c. 317, § 5, p. 1164;
Laws 1997, LB 271, § 37;
Laws 1998, LB 306, § 16.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-653.01 - Electric distribution system; purchase by city or village; payment in lieu of taxes.

70-653.01.
Electric distribution system; purchase by city or village; payment in lieu of taxes.
Any city or village which has purchased or acquired before June 10, 1947, the plant or property of an existing electric distribution system furnishing electric energy for heat, light, power or other purposes for use within such city or village from any public power district or public power and irrigation district may annually pay out of the revenue of such system to the State of Nebraska, county, city, village or school district in which such public utility is located, in lieu of taxes, a sum equal to the amount which the state, county, city, village or school district received in lieu of taxes from the public power district or public power and irrigation district.
Source
Laws 1947, c. 227, § 1, p. 721.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-653.02 - Cities and villages; payment in lieu of taxes; how paid.

70-653.02.
Cities and villages; payment in lieu of taxes; how paid.
All sums of money to be paid by such cities or villages in lieu of taxes may be paid at the times, places, and to the tax-collecting officers, as now or may hereafter be provided by law for the payment of taxes, as long as such city or village shall continue to be the owner of such property, and such tax-collecting officers are hereby authorized and directed to receive and collect the same and distribute all money so received to the governmental subdivisions entitled thereto.
Source
Laws 1947, c. 227, § 2, p. 722.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-658 - Existing utility; lease, purchase, or acquisition by district; franchise and contracts; compliance required.

70-658.
Existing utility; lease, purchase, or acquisition by district; franchise and contracts; compliance required.
In the event that any such district shall lease, purchase or acquire, in any manner, the generating plant, distribution system or other property of an existing utility then or theretofore furnishing electrical energy for heat, light, power, or other purposes, for the use or benefit of any city, of whatever class, or village in the State of Nebraska, or its inhabitants, and for use within the corporate limits of such city or village, such district shall be bound by, shall carry out, and shall perform the terms and conditions of any franchise or contract assigned to such district, and shall comply with the provisions of any existing applicable laws or ordinances under which such existing utility, such district's predecessor or assignor, operated at the time such lease, purchase or acquisition of the generating plant, distribution system or other property of such existing utility shall have been made.
Source
Laws 1939, c. 89, §1, p. 388;
C.S.Supp.,1941, § 70-713;
R.S.1943, § 70-658.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-659 - Operation within city or village by district; franchise required.

70-659.
Operation within city or village by district; franchise required.
Any such district shall be required at all times to have a valid and subsisting franchise, either running to it as original grantee from such city or village, or assigned to it by or through a grantee of the city or village, if such district proposes to generate, distribute and sell, or to distribute and sell, electrical energy to such city or village or to its inhabitants, as a condition precedent to the operation of such district's electric utility or utilities within such city or village, in every case and to the same extent as where a private corporation is required to have such valid and subsisting franchise to operate its electric utility or utilities within such city or village.
Source
Laws 1939, c. 89, § 1, p. 388;
C.S.Supp.,1941, § 70-713;
R.S.1943, § 70-659.
Annotations
A public power project is to extend its lines into another municipal corporation's boundaries only upon contract, agreement, or franchise. Central Power Co. v. Nebraska City, 112 F.2d 471 (8th Cir. 1940).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-660 - Franchise to operate utility; terms and conditions; rates prescribed.

70-660.
Franchise to operate utility; terms and conditions; rates prescribed.
All franchises granted by a city or village to any such district, to operate such district's electric utility or utilities within the corporate limits of such city or village, may provide the maximum rates that may be charged by such district for furnishing electrical energy to such city or village, or to its inhabitants, during the franchise period. Such franchises shall be granted in the same manner and upon the same terms and conditions as may now or hereafter be provided by law for granting franchises to private corporations by such cities or villages.
Source
Laws 1939, c. 89, § 1, p. 388;
C.S.Supp.,1941, § 70-713;
R.S.1943, § 70-660.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-661 - Contracts with city or village; terms and conditions.

70-661.
Contracts with city or village; terms and conditions.
Contracts, other than franchises, which such city or village is empowered to make with any such district to furnish such city or village, or its inhabitants, with electrical energy, shall be made in the same manner and upon the same terms and conditions as such city or village is now or hereafter empowered to make with any private corporation to furnish such city or village, or its inhabitants, with electrical energy.
Source
Laws 1939, c. 89, §1, p. 388;
C.S.Supp.,1941, § 70-713;
R.S.1943, § 70-661.
Annotations
Under former act, concluding proviso of this section was unconstitutional as special legislation. State ex rel. Johnson v. Consumers Public Power Dist., 143 Neb. 753, 10 N.W.2d 784 (1943).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-662 - District; filings; amendments to petition for creation; amendments to charter; authorized; restriction.

70-662.
District; filings; amendments to petition for creation; amendments to charter; authorized; restriction.
(1) A petition for the creation of a district organized under or subject to the provisions of Chapter 70, article 6, may be amended as provided in this section. Any district, now existing or hereafter created under or subject to Chapter 70, article 6, may file with the Nebraska Power Review Board a petition to amend its charter to eliminate, detach, or reduce area from or add to, increase, or enlarge its chartered territory as required or authorized by Chapter 70, article 6, or subdivide area and territory from within the boundaries of such district, or amend its charter to provide for a change in the general description of the nature of the business in which the district is engaged and the location and method of operation of the power plants and systems or irrigation works of the district proposed in its charter, as long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumption of duties and responsibilities, of or on the part of such district, do not nullify, conflict with, or materially affect those of, or on the part of, any other district.
(2) Any such district may amend its charter to provide for a change in its name or a change in the location of its principal place of business and may reduce or increase the number of members of its board of directors. No such elimination or detachment, increase or enlargement, or subdivision of the territory of a district, change in its principal place of business, its name, or the number of members of its board of directors, or change in the general description of the nature of its business or methods of operation shall occur unless authorized by the affirmative vote of three-fifths of all the directors of the district involved.
Source
Laws 1937, c. 152, § 9, p. 589;
C.S.Supp.,1941, § 70-717;
R.S.1943, § 70-662;
Laws 1945, c. 158, § 1, p. 521;
Laws 1955, c. 267, § 5, p. 845;
Laws 1957, c. 291, § 1, p. 1046;
Laws 1981, LB 181, § 27;
Laws 1986, LB 949, § 14.
Annotations
District may amend its charter. Schroll v. City of Beatrice, 169 Neb. 162, 98 N.W.2d 790 (1959).
Approved petition is charter of the district. Custer Public Power Dist. v. Loup River Public Power Dist., 162 Neb. 300, 75 N.W.2d 619 (1956).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-664 - Amendment; board approval; certificate; filing.

70-664.
Amendment; board approval; certificate; filing.
Unless it shall appear affirmatively that the adoption of such proposed amendment will be contrary to the best interests of such district, or that it will jeopardize and impair the rights of the creditors of such districts, or of other persons, the Nebraska Power Review Board shall issue in duplicate a certificate of approval of such proposed amendment, and cause one copy to be filed in the office of the Secretary of State of the State of Nebraska and one copy to be filed in the office of the county clerk of the county in which is located the principal place of business of the district.
Source
Laws 1937, c. 152, § 9, p. 589;
C.S.Supp.,1941, § 70-717;
R.S.1943, § 70-664;
Laws 1981, LB 181, § 29.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-665 - Amendment; when effective.

70-665.
Amendment; when effective.
Such proposed amendment shall become effective and in full force immediately upon the issuance of such certificate of approval by the Nebraska Power Review Board. Thereupon and thereafter the district shall, as in case of the original district, be a public corporation and political subdivision, and operate and function accordingly in such reduced and subdivided area, or such increased and enlarged area, under or subject to the terms, powers, privileges, and conditions of Chapter 70, article 6.
Source
Laws 1937, c. 152, § 9, p. 589;
C.S.Supp.,1941, § 70-717;
R.S.1943, § 70-665;
Laws 1981, LB 181, § 30.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-666 - Dissolution; procedure.

70-666.
Dissolution; procedure.
Whenever a petition signed by a majority of the members of the board of directors or by twenty-five or more qualified electors of the state residing within the territorial boundaries of any district organized under or subject to Chapter 70, article 6, shall be presented to the Nebraska Power Review Board, praying for the dissolution of such district, and it shall appear from the petition that such district has no property of any kind, owes no debts of any kind, that the district is not functioning, has ceased to function, and probably will not function in the future, the Nebraska Power Review Board shall forthwith publish a notice for three consecutive weeks in the legal newspaper published in the district which has the largest circulation therein, or, if no legal newspaper is published in the district, then in any legal newspaper widely circulated therein, setting forth, in substance and in a clear and concise manner, the nature and prayer of the petition, and setting a time and place for a public hearing by the Nebraska Power Review Board upon the petition. After such hearing and such independent investigation as may be deemed advisable, the Nebraska Power Review Board shall grant or reject the prayer of the petition, and, if the prayer of the petition is granted, the Nebraska Power Review Board shall thereupon issue its certificate declaring the district dissolved and terminated. One duly certified copy of such certificate shall be immediately filed by the Nebraska Power Review Board in its office with the original organization records of the district. The Nebraska Power Review Board shall also immediately file one such certified copy in the office of the Secretary of State, and another such certified copy in the office of the county clerk of the county in which the principal place of business of such district was last located. The district shall thereupon be dissolved and cease to exist. The persons filing such petition for dissolution shall advance and pay the necessary expense incurred by the Nebraska Power Review Board in the investigations made, and the proceedings and hearings held or conducted, pursuant to the provisions of this section.
Source
Laws 1935, c. 146, § 1, p. 541;
C.S.Supp.,1941, § 70-716;
Laws 1943, c. 146, § 7, p. 530;
R.S.1943, § 70-666;
Laws 1981, LB 181, § 31.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-668 - Streams; water rights; priority.

70-668.
Streams; water rights; priority.
In applying the provisions of law relating to the appropriation of water, priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes shall have preference over those claiming it for any other purpose. Those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes, and those using the water for agricultural purposes shall have the preference over those using the same for power purposes, where turbine or impulse water wheels are installed, or for instream-basin-management purposes.
Source
Laws 1933, c. 86, § 7, p. 349;
Laws 1941, c. 138, § 1, p. 545;
C.S.Supp.,1941, § 70-707;
R.S.1943, § 70-668;
Laws 2016, LB1038, § 13.
Annotations
A preferential use is given to waters used for irrigation purposes over waters used for power purposes. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-669 - Streams; inferior rights; acquired by superior right; how compensated.

70-669.
Streams; inferior rights; acquired by superior right; how compensated.
No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power which would be generated in the plant or plants of the power user by the water so acquired. The just compensation to be paid to a holder of an instream-basin-management appropriation that has been changed from a manufacturing of hydropower appropriation pursuant to section 46-290 shall be the cost per acre-foot of water subordinated for the hydropower appropriation at the time of approval of the change. The amount of compensation may be adjusted annually, except that any increase shall not exceed the annual change in the Consumer Price Index from the time of approval of the change. If publication of such index is discontinued, a comparable index selected by the Director of Natural Resources shall be used.
Source
Laws 1933, c. 86, § 7, p. 349;
Laws 1941, c. 138, § 1, p. 545;
C.S.Supp.,1941, § 70-707;
R.S.1943, § 70-669;
Laws 2016, LB1038, § 14.
Annotations
Right to use of waters for power purposes cannot be acquired by a superior right for irrigation purposes without payment of just compensation. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-671 - District; breaks, overflow, and seepage; liability.

70-671.
District; breaks, overflow, and seepage; liability.
Any such district shall be liable for all breaks, overflow and seepage damage. Damages from seepage shall be recoverable when and if it accrues.
Source
Laws 1933, c. 86, § 7, p. 349;
Laws 1941, c. 138, § 1, p. 545;
C.S.Supp.,1941, § 70-707;
R.S.1943, § 70-671.
Annotations
1. Damages from seepage
2. Damages from overflow
3. Miscellaneous
1. Damages from seepage
District is liable for seepage escaping from its works when and if it accrues. Scherz v. Platte Valley Public Power & Irrigation Dist., 151 Neb. 415, 37 N.W.2d 721 (1949).
Damages for seepage are recoverable in one action. Smith v. Platte Valley Public Power & Irrigation Dist., 151 Neb. 49, 36 N.W.2d 478 (1949).
This section gives a party damaged by seepage a plain, complete, adequate and speedy remedy at law. Halligan v. Elander, 147 Neb. 709, 25 N.W.2d 13 (1946).
Districts are liable for overflow and seepage damages, but agreement to drain lands will not be enforced by mandatory injunction which would result in irreparable damage to third parties. Halligan v. Elander, 147 Neb. 156, 22 N.W.2d 647 (1946).
District is liable for damages caused by seepage irrespective of negligence. Luchsinger v. Loup River Public Power Dist., 140 Neb. 179, 299 N.W. 549 (1941).
Landowner is entitled to be compensated for loss of crops growing on land at time land is condemned arising from seepage. Heiden v. Loup River Public Power Dist., 139 Neb. 754, 298 N.W. 736 (1941).
This section makes liability for damages from seepage absolute. Asche v. Loup River Public Power District, 138 Neb. 890, 296 N.W. 439 (1941).
2. Damages from overflow
Liability for all overflow is absolute only for such waters as flow over and from or escape out of the reservoirs or canals of a public power district and cause damage. Robinson v. Central Nebraska Public Power & Irrigation Dist., 146 Neb. 534, 20 N.W.2d 509 (1945).
Instruction stating a public power and irrigation district is liable for all overflow damage plaintiff suffered to his crop by such overflow unless such damages were caused by an act of God is not prejudicial error if supported by competent evidence. Webb v. Platte Valley Public Power & Irrigation District, 146 Neb. 61, 18 N.W.2d 563 (1945).
3. Miscellaneous
This section applies only to districts organized under this article. Baum v. County of Scotts Bluff, 172 Neb. 225, 109 N.W.2d 295 (1961).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-672 - Water rights; eminent domain; condemnation; procedure.

70-672.
Water rights; eminent domain; condemnation; procedure.
Whenever the directors of an irrigation district vote to acquire and appropriate by the exercise of the power of eminent domain any water being used for power purposes, or whenever any person, firm, association, corporation, or organization seeks to acquire any water being used for power purposes and shall be unable to agree with the user of such water for power purposes upon the compensation to be paid to such power user, the procedure to condemn property shall be exercised in the manner set forth in Chapter 76, article 7.
Source
Laws 1941, c. 138, § 2, p. 546;
C.S.Supp.,1941, § 46-515;
R.S.1943, § 70-672;
Laws 1951, c. 101, § 108, p. 497;
Laws 1981, LB 181, § 34.
Annotations
An owner of a superior preference right who initiates condemnation proceedings to enforce that right is not barred from also challenging the validity of a power district's appropriation right. In re 2007 Appropriations of Niobrara River Waters, 278 Neb. 137, 768 N.W.2d 420 (2009).
Where owner of a superior right seeks to acquire water being used for power purposes, eminent domain proceedings may be utilized. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-673 - Competitive or proprietary information; withheld; when; procedures applicable.

70-673.
Competitive or proprietary information; withheld; when; procedures applicable.
(1) Notwithstanding any other provision of law, the public power industry as defined in section 70-601 and the Nebraska Power Review Board may withhold competitive or proprietary information which would give an advantage to business competitors. Competitive information is information which a reasonable person, knowledgeable of the electric utility industry, could conclude gives an advantage to business competitors.
(2) Any request for records described in this section shall be subject to the procedures for public record requests provided in sections 84-712 to 84-712.09.
Source
Laws 2018, LB1008, § 3.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-680 - Judicial proceedings; bond not required, when.

70-680.
Judicial proceedings; bond not required, when.
No bond for costs, appeal, supersedeas, injunction, or attachment shall be required of any district organized under or subject to Chapter 70, article 6, or of any officer, board, head of any department, agent, or employee of such district in any proceeding or court action in which the district or any officer, board, head of department, agent, or employee is a party litigant in its, his, or her official capacity.
Source
Laws 1971, LB 310, § 1;
Laws 1981, LB 181, § 35.
Annotations
This section does not violate Neb. Const., Art. III, section 14, because the law, as passed, was an act complete and independent in itself and its title called attention to the subject matter of the bill. Aschenbrenner v. Nebraska P. P. Dist., 206 Neb. 157, 291 N.W.2d 720 (1980).
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-681 - Districts existing on August 30, 2009; director holding office when charter amended; how treated.

70-681.
Districts existing on August 30, 2009; director holding office when charter amended; how treated.
In order to provide for orderly compliance with Chapter 70, article 6, districts existing on August 30, 2009, are hereby deemed to be properly constituted and incorporated and their directors duly elected and, notwithstanding any other provision of law, a district shall not be required to amend its charter in order to be in such compliance until six months after the publication of the first federal decennial census published after August 30, 2009. A director holding office at the time of any such amendment to a charter may continue to serve until the expiration of his or her term of office if such director meets the qualifications of section 70-619 for holding office under the charter as so amended.
Source
Laws 1986, LB 949, § 15;
Laws 2009, LB53, § 5.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-682 - Generating power agency; authority to engage in commodity futures financial hedging transactions; procedure; limitation.

70-682.
Generating power agency; authority to engage in commodity futures financial hedging transactions; procedure; limitation.
(1) For purposes of this section:
(a) Generating power agency has the same meaning as in Chapter 70, article 6; and
(b) Regional transmission organization has the same meaning as in section 70-1001.01.
(2) Any generating power agency buying or selling fuel, power, or energy which operates in a regional transmission organization shall be authorized to engage in commodity futures financial hedging transactions with products regulated under the federal Commodity Futures Trading Commission for fuel, power, or energy as part of its sound business practices. Any generating power agency engaged in such transactions is authorized to grant a foreclosable security interest in and a lien on such agency’s commodity futures account contracts or funds used for such transactions in an amount not exceeding five percent of such agency’s annual gross revenue averaged over the preceding three calendar years.
(3) The authority to enter into agreements for the use of commodity futures financial hedging transactions shall be authorized by a resolution adopted or an agreement approved by the governing body of the generating power agency.
(4) The authority granted in this section is limited to granting a security interest in and a lien on future account contracts or funds specifically designated and used for such commodity futures financial hedging transactions. Except as otherwise authorized under Chapter 70, this section does not authorize granting a foreclosable security interest in or a lien on any other funds, assets, facilities, or property of a generating power agency.
(5) An agreement authorized by this section shall be considered a bond as defined in section 10-1103.
Source
Laws 2016, LB897, § 2.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-701 - Act, how cited.

70-701.
Act, how cited.
Sections 70-701 to 70-738 may be cited as the Electric Cooperative Corporation Act.
Source
Laws 1937, c. 50, § 1, p. 203;
C.S.Supp.,1941, § 70-801;
R.S.1943, § 70-701.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-702 - Terms, defined.

70-702.
Terms, defined.
For purposes of the Electric Cooperative Corporation Act, unless the context otherwise requires: (1) Corporation means a corporation organized pursuant to the act; (2) board means a board of directors of a corporation organized under the act; (3) member means the incorporators of a corporation and each person thereafter lawfully admitted to membership therein; (4) federal agency includes the United States of America and any department administration, commission, board, bureau, office, establishment, agency, authority, or instrumentality of the United States of America heretofore or hereafter ordered; (5) person includes any natural person, firm, association, corporation, business trust, partnership, limited liability company, federal agency, state, or political subdivision thereof, or any body politic; (6) acquire means and includes construct, acquire by purchase, lease, devise, gift, or other mode of acquisition; (7) obligations include bonds, notes, debentures, interim certificates or receipts, and all other evidences of indebtedness issued by a corporation; and (8) rural area means any area not included within the boundaries of any incorporated city, town, or village.
Source
Laws 1937, c. 50, § 2, p. 203;
C.S.Supp.,1941, § 70-802;
R.S.1943, § 70-702;
Laws 1993, LB 121, § 416.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-703 - Purpose.

70-703.
Purpose.
Cooperative, nonprofit, membership corporations may be organized for the purpose of engaging in rural electrification and the furnishing of electric energy to persons in rural areas not served with electrical energy through existing facilities within such rural areas.
Source
Laws 1937, c. 50, § 3, p. 203;
C.S.Supp.,1941, § 70-803;
R.S.1943, § 70-703.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-705 - Who may organize.

70-705.
Who may organize.
Any twenty or more natural persons, residents of the territory to be served by the corporation, of the age of twenty-one years or more, residents of this state, may act as incorporators of a corporation to be organized under sections 70-701 to 70-738 by executing articles of incorporation as provided in said sections.
Source
Laws 1937, c. 50, § 5, p. 205;
C.S.Supp.,1941, § 70-805;
R.S.1943, § 70-705.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-706 - Articles of incorporation; contents.

70-706.
Articles of incorporation; contents.
The articles of incorporation shall state (1) the name of the corporation, which name shall include the words electric cooperative and the word corporation, incorporated, inc., association or company, and the name shall be such as to not be deceptively similar to any other corporation organized and existing under the laws of this state; (2) the purpose for which the corporation is formed; (3) the names and addresses of the incorporators who shall serve as directors and manage the affairs of the corporation until its first annual meeting of members, or until their successors are elected and qualify; (4) the number of directors, not less than five, to be elected at the annual meetings of members; (5) the address of its principal office; (6) the period of duration of the corporation, which may be perpetual; (7) the terms and conditions upon which persons shall be admitted to membership and retain membership in the corporation, but, if expressly so stated, the determination of such matter may be reserved to the directors by the bylaws; and (8) any provisions, not inconsistent with law, which the incorporators may choose to insert for the regulation of the business and the conduct of the affairs of the corporation. It shall not be necessary to set forth in the articles of incorporation any of the corporate powers enumerated in section 70-704.
Source
Laws 1937, c. 50, § 6, p. 205;
C.S.Supp.,1941, § 70-806;
R.S.1943, § 70-706;
Laws 2003, LB 464, § 10.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-707 - Electric cooperative; use of term restricted.

70-707.
Electric cooperative; use of term restricted.
The words electric cooperative shall not be used in the corporate name of corporations organized under the laws of this state, or authorized to do business herein, other than those organized pursuant to the provisions of sections 70-701 to 70-738.
Source
Laws 1937, c. 50, § 7, p. 205;
C.S.Supp.,1941, § 70-807;
R.S.1943, § 70-707.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-708 - Articles of incorporation; filing; certificate of incorporation; issuance.

70-708.
Articles of incorporation; filing; certificate of incorporation; issuance.
The original copy of the articles of incorporation shall be signed by the incorporators, and acknowledged before any officer authorized by the law of this state to acknowledge the execution of deeds and conveyances. It shall be filed in the office of the Secretary of State. If the Secretary of State finds that the articles of incorporation conform to law, he shall, when the fees prescribed by section 70-733 have been paid, (1) endorse on the original copy the word filed, and the month, day and year of the filing thereof; (2) file the original in his office; and (3) issue a certificate of incorporation to the incorporators. The incorporators shall file for recording a true copy of the articles of incorporation in the office of the county clerk in the county in which the principal office of the corporation in this state is located.
Source
Laws 1937, c. 50, § 8, p. 206;
C.S.Supp.,1941, § 70-808;
R.S.1943, § 70-708.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-709 - Certificate of incorporation; effect.

70-709.
Certificate of incorporation; effect.
Upon the filing of articles of incorporation with the Secretary of State, the corporate existence of the corporation shall begin. The certificate of incorporation shall be conclusive evidence, except as against the state, that all conditions precedent required to be performed by the incorporators have been complied with, and that the corporation has been incorporated.
Source
Laws 1937, c. 50, § 9, p. 206;
C.S.Supp.,1941, § 70-809;
R.S.1943, § 70-709.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-710 - Organizational meeting; bylaws; adoption; election of officers; notice; waiver.

70-710.
Organizational meeting; bylaws; adoption; election of officers; notice; waiver.
After the issuance of the certificate of incorporation an organization meeting shall be held, at the call of a majority of the incorporators, for the purpose of adopting bylaws and electing officers, and for the transaction of such other business as may properly come before the meeting. The incorporators calling the meeting shall give at least three days' notice thereof by mail to each incorporator, which notice shall state the time and place of the meeting, but such notice may be waived in writing.
Source
Laws 1937, c. 50, § 10, p. 206;
C.S.Supp.,1941, § 70-810;
R.S.1943, § 70-710.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-711 - Bylaws; make, alter, amend, or repeal; contents.

70-711.
Bylaws; make, alter, amend, or repeal; contents.
The power to make, alter, amend or repeal the bylaws of the corporation shall be vested in the board of directors. The bylaws may contain any provisions for the regulation and management of the affairs of the corporation not inconsistent with law or the articles of incorporation.
Source
Laws 1937, c. 50, § 11, p. 206;
C.S.Supp.,1941, § 70-811;
R.S.1943, § 70-711.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-712 - Membership; conditions.

70-712.
Membership; conditions.
All persons in rural areas proposed to be served by a corporation shall be eligible to membership in a corporation. No person shall become, be or remain a member of a corporation unless such person shall use or agree to use electric energy furnished by the corporation. A corporation organized under sections 70-701 to 70-738 may become a member of another corporation, and may avail itself fully of the facilities and services thereof.
Source
Laws 1937, c. 50, § 12, p. 207;
C.S.Supp.,1941, § 70-812;
R.S.1943, § 70-712.
2023 Nebraska Revised Statutes › Chapter 70 - Power Districts and Corporations › 70-713 - Meetings, where held; annual and special meetings.

70-713.
Meetings, where held; annual and special meetings.
Meetings of members may be held at such place as may be provided in the bylaws. In the absence of any such provision, all meetings shall be held in the principal office of the corporation in this state. An annual meeting of the members shall be held at such time as may be provided in the bylaws. Failure to hold the annual meeting at the designated time shall not work forfeiture or dissolution of the corporation. Special meetings of the members may be called by the president, by the board of directors, by a petition signed by not less than one-tenth of all the members, or by such other officers or persons as may be provided in the articles of incorporation or the bylaws.
Source
Laws 1937, c. 50, § 13, p. 207;
C.S.Supp.,1941, § 70-813;
R.S.1943, § 70-713.