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2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,104 - Director's order; not subject to collateral attack.

46-2,104.
Director's order; not subject to collateral attack.
If an action is commenced pursuant to section 46-2,102 or 46-2,103, an order of the director identifying water stored or to be stored underground, or approving fees or assessments, may not be collaterally attacked.
Source
Laws 1983, LB 198, § 18.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,105 - Appeal.

46-2,105.
Appeal.
Any person aggrieved by a decision made or an order issued by the director pursuant to section 46-226.02, 46-233, 46-240, 46-241, 46-242, 46-297, or 46-2,101 may appeal as provided in section 61-207.
Source
Laws 1983, LB 198, § 19;
Laws 2000, LB 900, § 139.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,106 - Use of underground stored water; authorized.

46-2,106.
Use of underground stored water; authorized.
Any person may use water stored incidentally or intentionally underground for which the appropriate permits have not been obtained or for which approval of fees has not been obtained pursuant to section 46-2,101.
Source
Laws 1983, LB 198, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,107 - Legislative findings.

46-2,107.
Legislative findings.
The Legislature finds that the maintenance, conservation, management, storage, and timely release of the waters of the natural streams within the State of Nebraska are in the public interest and are practices essential to the well-being of present and future generations. In furtherance of these practices, the public interest demands the recognition of instream uses for fish, recreation, and wildlife. The Legislature also finds that proposals for future water development should fully consider multiple uses, including instream flows whether from natural flow or from reservoir releases, and recognizes the positive impact of impoundments which can provide significant instream flow benefits.
Source
Laws 1984, LB 1106, § 23.
Annotations
Sections 46-2,107 through 46-2,119, permitting instream flow appropriations, do not offend this provision or Neb. Const. art. XV, section 4, 5, or 6. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,108 - Appropriation of water for instream flows; terms, defined.

46-2,108.
Appropriation of water for instream flows; terms, defined.
(1) For purposes of sections 46-2,107 to 46-2,119, unless the context otherwise requires:
(a) Department means the Department of Natural Resources;
(b) Director means the Director of Natural Resources; and
(c) Instream appropriation means the undiverted application of the waters of a natural stream within or bordering upon the state for recreation or fish and wildlife purposes.
(2) An instream appropriation may be obtained only by the Game and Parks Commission or a natural resources district and only for that amount of water necessary for recreation or fish and wildlife. The instream use of water for recreation or fish and wildlife shall be considered a beneficial use of water.
Source
Laws 1984, LB 1106, § 24;
Laws 1985, LB 102, § 13;
Laws 1997, LB 877, § 1;
Laws 2000, LB 900, § 140.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,109 - Streams with need for instream flows; identification; study.

46-2,109.
Streams with need for instream flows; identification; study.
Each natural resources district and the Game and Parks Commission shall conduct studies to identify specific stream segments which the district or commission considers to have a critical need for instream flows. Such studies shall quantify the instream flow needs in the identified stream segments. Any district or the Game and Parks Commission may request the assistance of the Conservation and Survey Division of the University of Nebraska, the Game and Parks Commission, the Department of Environment and Energy, the Department of Natural Resources, or any other state agency in order to comply with this section.
Source
Laws 1984, LB 1106, § 25;
Laws 1985, LB 102, § 14;
Laws 1993, LB 3, § 6;
Laws 2000, LB 900, § 141;
Laws 2019, LB302, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,110 - Permit to appropriate water for instream flows; application; requirements.

46-2,110.
Permit to appropriate water for instream flows; application; requirements.
Following notice and a public hearing, any natural resources district or the Game and Parks Commission may file with the director an application for a permit to appropriate water for instream flows in each stream segment identified pursuant to section 46-2,109. The application shall include the locations on the stream at which the need for instream flows begins and ends and the time of year when instream flows are most critical. The application shall also provide a detailed description of the amount of water necessary to provide adequate instream flows.
Source
Laws 1984, LB 1106, § 26;
Laws 1985, LB 102, § 15;
Laws 2000, LB 900, § 142.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,111 - Permit to appropriate water for instream flows; director; powers and duties.

46-2,111.
Permit to appropriate water for instream flows; director; powers and duties.
(1) The Legislature finds that instream appropriations for recreation, fish, and wildlife should consider preferences among different uses and that all appropriations should consider the possible legal relationship between surface water and ground water. Thus the Legislature finds that, since such issues have not been fully considered, the director shall not grant any permit to appropriate water, except as specified in subsection (2) of this section, before January 1, 1997, for any application pending on or filed after June 2, 1995.
(2) The director may grant applications for (a) appropriations for flood control or sediment control structures which will not make or cause to be made any consumptive use of the impounded water, (b) applications for temporary appropriations for public construction that are five cubic feet per second or less, or (c) applications by public water suppliers for induced ground water recharge appropriations pursuant to sections 46-233 to 46-238.
Source
Laws 1995, LB 871, § 5;
Laws 2000, LB 900, § 143.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,112 - Permit to appropriate water for instream flows; hearing; when; notice; director; powers.

46-2,112.
Permit to appropriate water for instream flows; hearing; when; notice; director; powers.
A permit to appropriate water for instream flows shall be subject to review every fifteen years after it is granted. Notice of a pending review shall be published in a newspaper published or of general circulation in the area involved at least once each week for three consecutive weeks, the last publication to be not later than fourteen years and ten months after the permit was granted or after the date of the director's action following the last such review, whichever is later, and such notice shall be mailed to the appropriator of record and posted on the department's website. The notice shall state that any interested person may file comments relating to the review of the instream appropriation or may request a hearing to present evidence relevant to such review. Any such comments or request for hearing shall be filed in the headquarters office of the department within six weeks after the date of final publication of the notice. The appropriator of record shall, within the six-week period, file written documentation of the continued use of the appropriation. If no requests for hearing are received and if the director is satisfied with the information provided by the appropriator of record that the appropriation continues to be beneficially used and is in the public interest, the director shall issue an order stating such findings. If requested by any interested person, or on his or her own motion based on the comments and information filed, the director shall schedule a hearing. If a hearing is held, the purpose of the hearing shall be to receive evidence regarding whether the water appropriated under the permit still provides the beneficial uses for which the permit was granted and whether the permit is still in the public interest. The hearing shall proceed under the rebuttable presumption that the appropriation continues to provide the beneficial uses for which the permit was granted and that the appropriation is in the public interest. After the hearing, the director may by order modify or cancel, in whole or in part, the instream appropriation.
Source
Laws 1997, LB 877, § 2;
Laws 2000, LB 900, § 144;
Laws 2004, LB 962, § 28;
Laws 2006, LB 1226, § 13.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,113 - Director; modify appropriation or application; when.

46-2,113.
Director; modify appropriation or application; when.
It is in the state's and the public interest that the filing of the following classes of applications before the department demand that the director shall appropriately modify any existing or pending instream appropriation or application to not interfere with such application or the granting of such appropriation:
(1) Applications for induced recharge to public water supply wells;
(2) Applications for storage rights necessary for flood and sediment control projects which are dry or will not result in a net consumption of water exceeding two hundred acre-feet on an average annual basis;
(3) Applications for transfer permits associated with natural flow, storage use, power generation, or hydropower;
(4) Applications for de minimis uses; or
(5) Applications for industrial or manufacturing de minimis consumptive uses.
Source
Laws 1997, LB 877, § 3;
Laws 2000, LB 900, § 145.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,114 - Proposed instream appropriation; additional studies; notice of application.

46-2,114.
Proposed instream appropriation; additional studies; notice of application.
Prior to taking action on an application for an instream appropriation, the director shall conduct any studies he or she deems necessary to evaluate the application and shall publish notice of such application at the applicant's expense at least once a week for three consecutive weeks in a newspaper of general circulation in the area of the stream segment and also in a newspaper of statewide circulation. The notice shall state that any person having an interest may in writing object to and request a hearing on the application. Any such objection and request for hearing shall be filed with the department within two weeks of final publication of the notice.
Source
Laws 1984, LB 1106, § 30;
Laws 1985, LB 102, § 16;
Laws 1987, LB 140, § 11;
Laws 1991, LB 278, § 2;
Laws 2000, LB 900, § 146.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,116 - Application for instream appropriation; public interest determination; factors.

46-2,116.
Application for instream appropriation; public interest determination; factors.
In determining whether an application for an instream appropriation is in the public interest, the director shall consider the following factors:
(1) The economic, social, and environmental value of the instream use or uses including, but not limited to, recreation, fish and wildlife, induced recharge for municipal water systems, and water quality maintenance; and
(2) The economic, social, and environmental value of reasonably foreseeable alternative out-of-stream uses of water that will be foregone or accorded junior status if the appropriation is granted.
Source
Laws 1984, LB 1106, § 32;
Laws 1985, LB 102, § 18;
Laws 1991, LB 772, § 5.
Annotations
Subsection (1) of this section does not require that all the factors considered be reduced to economic terms. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).
This section does not require the director to document his decision to the hearing record in determining whether an application for an instream appropriation is in the public interest. In re Applications A-17004 et al., 1 Neb. App. 974, 512 N.W.2d 392 (1993).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,116.01 - Application for instream appropriation; use of stored water; study.

46-2,116.01.
Application for instream appropriation; use of stored water; study.
If the director determines that there is insufficient unappropriated natural flow available for an application for an instream appropriation and if the applicant consents, the department may conduct a study to determine whether the instream flow needs can be met through the use of stored water in new storage facilities. The study shall address the availability of storage sites, the estimated cost of providing any required storage, and such other findings and conclusions as the department deems appropriate.
Source
Laws 1985, LB 102, § 19;
Laws 1991, LB 772, § 6;
Laws 2000, LB 900, § 148.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,116.02 - Instream appropriation; use of stored water; funding.

46-2,116.02.
Instream appropriation; use of stored water; funding.
If the department determines that instream flow needs can be met through the use of stored water in new storage facilities after a study conducted under section 46-2,116.01, the applicant may request financial assistance for the construction of necessary storage facilities from the Nebraska Resources Development Fund. The cost of the project may be shared with any other users of the stored water.
Source
Laws 1985, LB 102, § 20;
Laws 1991, LB 772, § 7;
Laws 2000, LB 900, § 149.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,117 - Contested case hearing; mediation or nonbinding arbitration required; when; costs.

46-2,117.
Contested case hearing; mediation or nonbinding arbitration required; when; costs.
The director shall not conduct a contested case hearing on an instream appropriation application filed after January 1, 1997, other than a hearing to address procedural matters, until such time as the parties have completed mediation or nonbinding arbitration. Mediation or nonbinding arbitration shall be deemed completed when the person retained to conduct the mediation or nonbinding arbitration has concluded further efforts would probably not result in resolution of major issues. The costs of mediation or nonbinding arbitration shall be shared by the parties.
Source
Laws 1997, LB 877, § 5;
Laws 2000, LB 900, § 150.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,118 - Instream appropriation; limited to defined stream segment.

46-2,118.
Instream appropriation; limited to defined stream segment.
(1) All water used to provide instream flows shall be applied only to that segment of the stream for which the appropriation is granted. The stream segment and the determination of a reasonable and necessary amount of water required for instream flow purposes shall be defined specifically by the director in the permit.
(2) After the water allowed for instream flows has passed through the defined stream segment, all rights to such water shall be deemed relinquished and the water shall be available for appropriation.
Source
Laws 1984, LB 1106, § 34;
Laws 2000, LB 900, § 151.
Annotations
When an instream flow application requests different flow rates at different locations along a single stream segment, the denial of the application as to one location is to be viewed as a reduction in the requested rate of flow as authorized by section 46-2,115. Any reduction in the length of the stream segment occasioned by such denial is but incidental to the flow reduction, and the director may define the stream segment under subsection (1) of this section in such a way as to reflect the appropriations as granted. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,119 - Instream appropriations; manner of administration.

46-2,119.
Instream appropriations; manner of administration.
Instream appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Reservoirs shall not be required by the director to release, for the benefit of an instream appropriation, water previously impounded in accordance with section 46-241 or 46-243. Reservoirs with storage rights senior to an instream appropriation shall not be required to pass, for the benefit of that instream appropriation, inflows that could be stored by such reservoir if the instream appropriation were not in effect. Notwithstanding subsection (5) of section 46-241, a reservoir with storage rights senior to an instream appropriation also shall not be required to pass inflows for downstream direct irrigation if the appropriation for direct irrigation is junior to and would be denied water because of that instream appropriation. Instream appropriations may be canceled as provided in sections 46-229.02 to 46-229.05.
Source
Laws 1984, LB 1106, § 35;
Laws 1988, LB 953, § 1;
Laws 2000, LB 900, § 152;
Laws 2004, LB 962, § 29.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,120 - District or company; notice to landowner; when required; terms, defined.

46-2,120.
District or company; notice to landowner; when required; terms, defined.
(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company using the procedure described in sections 46-2,121 to 46-2,129 and which is exempt from the Open Meetings Act shall provide notice by mail to each owner of land in the district or served by the company not less than seven days before any meeting or hearing under sections 46-2,121 to 46-2,129.
(2) For purposes of sections 46-2,120 to 46-2,130:
(a) Department means the Department of Natural Resources; and
(b) Director means the Director of Natural Resources.
Source
Laws 1995, LB 99, § 1;
Laws 2000, LB 900, § 153;
Laws 2004, LB 821, § 12.
Cross References
Open Meetings Act, see section 84-1407.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,121 - District or company; hold appropriation; sections; how construed.

46-2,121.
District or company; hold appropriation; sections; how construed.
Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company shall hold all water appropriations filed in the district's or company's name for the benefit of the owners of land to which the water appropriations are attached. Sections 46-2,120 to 46-2,129 shall not be construed to modify the rights of landowners to any water appropriation.
Source
Laws 1995, LB 99, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,122 - District or company; application for transfer and map; filing requirements; approval; conditions.

46-2,122.
District or company; application for transfer and map; filing requirements; approval; conditions.
(1) Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company may file an application for transfer and a map with the department identifying all tracts of lands that have received water delivered by the district or company and beneficially applied to the tract in at least one of the preceding ten consecutive years. The application for transfer and map shall be prepared and filed in accordance with the rules and regulations of the department.
(2) Any tract of land within the boundaries of the district or served by the company may receive a water appropriation, or portion thereof, transferred from a tract or tracts of land currently under the appropriation on file with the department. The director shall grant the transfer if:
(a) The owner of the land to which the water appropriation is attached and the owner of the ditch, canal, or other diverting works subject to transfer consent in writing to the department to the transfer of the appropriation from the tract of land;
(b) The water allotment on the receiving tract of land will not exceed the amount that can be beneficially used for the purposes for which the appropriation was made and will not exceed the least amount of water that experience may indicate is necessary, in the exercise of good husbandry, for the production of crops;
(c) The water will be applied on the receiving tract to a use in the same preference category as the use on the transferring tract; and
(d) The aggregate water use within the district or company after transfer will not exceed the aggregate water appropriation held by the district or company for the benefit of the owners of land to which the water appropriations are attached.
Source
Laws 1995, LB 99, § 3;
Laws 2000, LB 900, § 154.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,123 - Hearing on application and map.

46-2,123.
Hearing on application and map.
The department may hold a hearing on the application for transfer and map under section 46-2,122 if the department determines that a hearing is necessary to determine whether the application for transfer and map are in compliance with such section. The department shall hold a hearing on the application if requested by any owner of land within the district or served by the company. The hearing shall be conducted in accordance with section 61-206 and the rules and regulations of the department.
Source
Laws 1995, LB 99, § 4;
Laws 2000, LB 900, § 155.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,124 - District or company; notice prior to meeting; requirements.

46-2,124.
District or company; notice prior to meeting; requirements.
Any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company intending to file an application for transfer and a map with the department under section 46-2,122 shall give notice prior to the meeting at which the application and map will be approved for filing. Notice shall be given in the manner provided in section 46-2,128.
Source
Laws 1995, LB 99, § 5;
Laws 2000, LB 900, § 156.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,125 - Order granting application and map; contents; appeal.

46-2,125.
Order granting application and map; contents; appeal.
After an investigation and hearing, if applicable, the director shall issue an order granting or denying the application for transfer and map under section 46-2,122. The director shall deny the application if the conditions in subsection (2) of such section are not met. An order granting or denying an application for transfer and map shall be in writing and shall specify the following:
(1) The tracts of land retaining an appropriation;
(2) The tracts of land receiving an appropriation; and
(3) The tracts of land transferring an appropriation.
An appeal may be taken from the decision of the department on the application for transfer and map as provided in section 61-207.
Source
Laws 1995, LB 99, § 6;
Laws 2000, LB 900, § 157.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,126 - Priority date.

46-2,126.
Priority date.
Any water appropriation transferred to a tract of land under sections 46-2,122 to 46-2,125 shall retain the original priority date for the water appropriation.
Source
Laws 1995, LB 99, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,127 - District or company; transfer of appropriation for agricultural purposes; when.

46-2,127.
District or company; transfer of appropriation for agricultural purposes; when.
After obtaining approval of an application for transfer and map pursuant to sections 46-2,122 to 46-2,126, the board of directors of any irrigation district, reclamation district, public power and irrigation district, rural water district, or mutual irrigation or canal company may transfer an appropriation of water distributed for agricultural purposes from a tract or tracts of land within the district or served by the company to another tract or tracts of land within the boundaries of the district or served by the company if:
(1) The district or company finds that the transferring tract of land has received and had water, delivered by the district or company pursuant to a valid appropriation, beneficially applied in at least one of the preceding five consecutive years or that there has been sufficient cause for nonuse in the same manner as provided in section 46-229.04;
(2) The owner of the land to which the water appropriation is attached consents in writing to the transfer of the appropriation from his or her tract of land;
(3) The water appropriation, or portion thereof, proposed to be transferred has not been transferred by the board of directors of the district or company in the previous four years;
(4) The water allotment on the receiving tract of land will not exceed the amount that can be beneficially used for the purposes for which the appropriation was made and will not exceed the least amount of water that experience may indicate is necessary, in the exercise of good husbandry, for the production of crops; and
(5) After the transfer, the aggregate water use within the district or company will not exceed the aggregate water appropriation held by the district or company for the benefit of owners of land to which the water appropriations are attached.
Source
Laws 1995, LB 99, § 8;
Laws 2004, LB 962, § 30.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,128 - District or company; transfer of appropriation for agricultural purposes; published notice; contents.

46-2,128.
District or company; transfer of appropriation for agricultural purposes; published notice; contents.
Commencing at least six weeks but not more than twelve weeks before transferring any water appropriations under section 46-2,127, the district or company shall cause notice of the proposed transfer to be published at least once a week for three consecutive weeks in at least one newspaper of general circulation in each county containing lands on which the water appropriation is or is proposed to be applied. The district or company shall also provide the notice to the department. The notice shall contain:
(1) A description of the water appropriation to be transferred;
(2) The number assigned the water appropriation permit in the records of the department under sections 46-233 to 46-235;
(3) The priority date of the water appropriation;
(4) A description of the land to which the water appropriation is proposed to be applied;
(5) A statement that any owner of land within the district or served by the canal company may object to and request a hearing on the proposed transfer within seven calendar days after final publication; and
(6) Any other relevant information.
Source
Laws 1995, LB 99, § 9;
Laws 2000, LB 900, § 158.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,129 - District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.

46-2,129.
District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.
(1) The board of directors of the district or company, or the board's designee, may hold a hearing on a proposed transfer under section 46-2,127 and shall hold a hearing if requested by any owner of land within the district or served by the canal company. Notice of a hearing under this subsection shall be published at least seven calendar days prior to the hearing in at least one newspaper of general circulation in each county containing lands upon which the water appropriation is or is proposed to be applied. If the hearing is held by the board's designee, the board's designee shall make a written recommendation to the board within fifteen calendar days after the hearing. The board shall act upon the proposed transfer at the board's next regular or special meeting following receipt of the designee's recommendation.
(2) The board of directors may transfer the water appropriation at a regular or special meeting.
(3) Any water appropriation transferred to a tract of land under section 46-2,127 shall retain the original priority date for the water appropriation.
(4) All transfers shall be reported annually to the department pursuant to section 46-261.
Source
Laws 1995, LB 99, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,130 - Sections; how construed.

46-2,130.
Sections; how construed.
Nothing in sections 46-2,120 to 46-2,129 shall be construed to limit or restrict the powers of the department with respect to adjudication of water rights.
Source
Laws 1995, LB 99, § 11;
Laws 2000, LB 900, § 159.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-301 - Irrigation districts; establishment of electric light and power systems; powers.

46-301.
Irrigation districts; establishment of electric light and power systems; powers.
Irrigation districts organized under the laws of Nebraska are hereby authorized and empowered to make application for and secure and hold appropriations of water for the purpose of generation of electric light and power in connection with any such appropriation of water. Any irrigation district now or hereafter organized under the laws of this state is hereby authorized, subject to the provisions of sections 46-301 to 46-315, to acquire, by purchase, lease or otherwise, construct, extend, improve, manage and operate, electric light and power plants, lines and systems, and all machinery, equipment and other property, real or personal, connected therewith or incident thereto; to manufacture, produce, generate and transmit, distribute, purchase or sell electrical energy for lighting, heating and power purposes; to adopt, use and employ in the generation and production of electrical energy, water power, steam power, and any other practicable means or method; to extend any such plant, lines and systems within and without the boundaries of the irrigation district; and to connect, interconnect and operate such electric light and power plants, lines, systems, and service with those of any other irrigation district or districts or with those of any one or more cities, villages, or public electric light and power districts of this state, or with those of the government of the United States.
Source
Laws 1931, c. 91, § 1, p. 252;
C.S.Supp.,1941, § 46-701;
R.S.1943, § 46-301.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-302 - Electric light and power system; construction or acquisition by resolution; procedure.

46-302.
Electric light and power system; construction or acquisition by resolution; procedure.
Whenever the board of directors of any irrigation district shall, by resolution, determine that it is to the interest, convenience, and welfare of the district that the district, under sections 46-301 to 46-315, purchase, construct, or otherwise acquire, operate, and maintain any electric light and power plant, lines, or systems, whether as an addition, extension, enlargement, alteration, or reconstruction of any site, irrigation works, or other property owned or controlled by the district, or as a plant, lines, or system independent of works or property already owned or controlled by the district, the board of directors shall thereupon prepare comprehensive written plans, statements, and reports setting out the nature, location, and description of the proposed plant, lines, and system, including method or methods of generation or acquisition, the location of transmission lines, the use of other sites, properties, and works already owned or controlled by the district, estimated costs of acquisition and construction, the method or means of financing the proposed plan and project, the amount of bonds, if any, proposed to be issued in connection therewith, and such other data as the Department of Natural Resources shall prescribe. The expense thereof may be authorized by any special meeting or at the annual meeting of such district. Such plans, statements, and reports, including a copy of such resolution, shall be duly certified by the board of directors and shall be thereupon submitted to the department for its examination as set forth in section 46-304.
Source
Laws 1931, c. 91, § 2, p. 253;
C.S.Supp.,1941, § 46-702;
R.S.1943, § 46-302;
Laws 2000, LB 900, § 160.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-303 - Electric light and power system; construction or acquisition by petition; procedure.

46-303.
Electric light and power system; construction or acquisition by petition; procedure.
In lieu of the resolution of the board of directors and the preparation and submission by the board of plans, reports, and statements as provided in section 46-302, a petition containing and setting forth the data and information required in such section concerning the proposed electric light and power plant, lines, and systems may be presented to the Department of Natural Resources, signed by not less than twenty percent of all the qualified electors of the district. Such petition shall declare that, in the opinion of the petitioners, it is to the interest, convenience, and welfare of the district that the district, under sections 46-301 to 46-315, adopt substantially the plan or method set out in the petition for the establishment, acquisition, and operation by the district of electric light and power plant, lines, and systems. The petition shall contain the affidavit of the person or persons who circulated the same, certifying that each name signed thereto is the true signature of the person whose name it purports to be and that the person is a qualified elector of the district.
Source
Laws 1931, c. 91, § 3, p. 254;
C.S.Supp.,1941, § 46-703;
R.S.1943, § 46-303;
Laws 2000, LB 900, § 161.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-304 - Electric light and power system; construction or acquisition; examination and report by Department of Natural Resources.

46-304.
Electric light and power system; construction or acquisition; examination and report by Department of Natural Resources.
Upon receipt by the Department of Natural Resources of the plans, reports, and statements provided for in section 46-302 or of the petition provided for in section 46-303, the department shall examine the proposed plan and project, make an estimate of the probable cost thereof, and make such further examination and investigation concerning the same as the department shall deem necessary or advisable. If the department deems the proposed plan and project feasible and practicable, either as originally submitted or as changed and amended by the department, the department shall then file with the board of directors of the irrigation district concerned its report in the matter, which report shall include a complete explanation of the proposed project, the plans and maps showing location of the project, the estimated cost of the project, and the probable receipts from the sale of electric energy, and the certificate of the department that the project has been examined and deemed feasible and practicable by the department.
Source
Laws 1931, c. 91, § 4, p. 254;
C.S.Supp.,1941, § 46-704;
R.S.1943, § 46-304;
Laws 2000, LB 900, § 162.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-305 - Electric light and power system; construction or acquisition; election required; procedure; vote required; effect of affirmative vote.

46-305.
Electric light and power system; construction or acquisition; election required; procedure; vote required; effect of affirmative vote.
Upon the filing of the data and certificates with the board of directors of the district, the board of directors and the other proper officers of the district shall submit the proposed plan and project to the qualified electors of the district for their approval or rejection, at a general election or at a special election called for that purpose, the submission of proposition and all matters pertaining to such election to conform, including notice of election, as nearly as may be, and except as otherwise expressly provided in sections 46-301 to 46-315, to the provisions of law governing elections upon propositions for the issuance of bonds of the district. The report of the Department of Natural Resources and all other data and information on file with the board of directors or the officers of the district shall be subject to inspection at all reasonable business hours by any elector of the district, or other interested persons, for the entire period during which notice of the election shall be published. Such question and proposition shall be thus submitted by ballots upon which shall appear, in a clear, fair, and concise manner, a statement of the nature and description of the proposed project, and, if such proposition includes the issuance of bonds of the district, there shall also appear upon the ballots a general description of such bonds, including principal amount, rate of interest and when payable, date of issuance, and date of maturity. At the bottom of the ballots substantially the following form shall appear:
FOR the adoption of the foregoing plan and project (and issuance of bonds of the district).
AGAINST the adoption of the foregoing plan and project (and the issuance of bonds of the district).
If a majority of the ballots cast on such proposition are in favor thereof, the board of directors shall declare the same adopted, and the board of directors of the district shall proceed forthwith to put such plan and project into effect, including the issuance of bonds of the district if included in the proposition submitted at the election, the levy and collection of taxes and assessments to pay such bonds and interest thereon, and the execution of all contracts proper or incident to the consummation of such plan and project.
Source
Laws 1931, c. 91, § 5, p. 254;
C.S.Supp.,1941, § 46-705;
R.S.1943, § 46-305;
Laws 1971, LB 534, § 28;
Laws 2000, LB 900, § 163.
Cross References
Issuance of bonds, election, see section 46-194.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-306 - General provisions of irrigation law applicable.

46-306.
General provisions of irrigation law applicable.
All general provisions of the law of this state pertaining to the acquisition, construction, management, control, and payment of the cost of property and works of irrigation districts, including the levy and collection of taxes and assessments, shall be applicable, as nearly as may be, and except as herein otherwise expressly provided, to any and all electric light and power plants, lines and systems, constructed, purchased or otherwise acquired and operated under the provisions of sections 46-301 to 46-315.
Source
Laws 1931, c. 91, § 6, p. 255;
C.S.Supp.,1941, § 46-706;
R.S.1943, § 46-306.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-307 - Operation of lines beyond district boundaries; powers of district; cost payable out of earnings.

46-307.
Operation of lines beyond district boundaries; powers of district; cost payable out of earnings.
Any irrigation district in this state which, pursuant to the authority conferred upon it by sections 46-301 to 46-315, shall own or operate, or hereafter acquire or establish any electric light and power plant, distribution system, or transmission lines, may extend and operate the same beyond its boundaries, and for that purpose is hereby authorized and empowered to construct, purchase, lease or otherwise acquire, and to maintain, improve, extend and operate electric light and power plants, distribution systems, and transmission lines outside the boundaries of such district, for such distance and over such territory within this state as may be deemed expedient. In the exercise of the powers granted by this section any such district by its board of directors may enter into contracts to furnish and sell electrical energy to any person, firm, association, public or private corporation, municipality or public electric light and power district. No such construction, purchase, lease, acquisition, improvement or extension of any such additional plant, distribution system, or transmission lines, however, shall be paid for except out of the net earnings and profits of one or more or all of the electric light and power plants, distribution systems, and transmission lines of such district. The provisions of this section shall be deemed cumulative and the authority herein granted shall not be limited or made inoperative by any other provision of law for the extension and financing of such plants, lines or systems.
Source
Laws 1931, c. 91, § 7, p. 256;
C.S.Supp.,1941, § 46-707;
R.S.1943, § 46-307.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-308 - Issuance of debentures pledging earnings; powers of district; judicial confirmation not required.

46-308.
Issuance of debentures pledging earnings; powers of district; judicial confirmation not required.
In lieu of the issuance of bonds or the levy of taxes or assessments as otherwise by law provided, and in lieu of any other lawful methods or means of providing for the payment of indebtedness, any irrigation district within this state shall have the power and authority, by and through its board of directors, to provide for or to secure the payment of the cost or expense of purchasing, constructing or otherwise acquiring, extending and improving any real or personal property necessary or useful in its operation of any electric light and power plant, distribution system, or transmission lines, by pledging, assigning, or otherwise hypothecating the net earnings or profits of such irrigation district derived, or to be derived, from the operation of such electric light and power plant, distribution system, or transmission lines, and to that end, to enter into such contracts and to issue such warrants or debentures as may be proper to carry out the provisions of this section. All earnings, profits, and revenue thus pledged, assigned or hypothecated shall be kept in separate funds to be expended for the specific purposes aforesaid, until such indebtedness shall have been fully paid. Warrants or debentures issued under the provisions of this section shall not be subject to the provisions of law requiring the judicial examination of the issuance and sale of bonds of the district.
Source
Laws 1931, c. 91, § 8, p. 256;
C.S.Supp.,1941, § 46-708;
R.S.1943, § 46-308.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-309 - Proposals in conflict with original project; vote of electors a condition precedent to adoption.

46-309.
Proposals in conflict with original project; vote of electors a condition precedent to adoption.
No power conferred upon the district under the provisions of sections 46-301 to 46-315 shall be exercised if in express conflict with the original plan or project submitted to the vote of the electors of the district under the provisions of sections 46-302 to 46-305, unless and until approved by the affirmative vote of a majority of the qualified electors of the district at any general election or at a special election called for the purpose. At such election the notice of the election, conduct of the election and canvass of votes shall so far as practicable conform to the foregoing provisions for elections held for the purpose of the initial establishment or acquisition, by the district, of electric light and power plant, lines or systems.
Source
Laws 1931, c. 91, § 9, p. 257;
C.S.Supp.,1941, § 46-709;
R.S.1943, § 46-309;
Laws 1971, LB 534, § 29.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-310 - Rates and charges for electric current; rules and regulations of system.

46-310.
Rates and charges for electric current; rules and regulations of system.
Any irrigation district which shall acquire, establish and operate any electric light and power plant, lines or systems under the provisions of sections 46-301 to 46-315 shall have the power to fix and collect reasonable rates, fees, and charges for electric current, service, equipment, and physical connection sold or furnished to consumers, and to make and enforce reasonable rules and regulations for the operation and conduct of the entire electric light and power system of the district.
Source
Laws 1931, c. 91, § 10, p. 257;
C.S.Supp.,1941, § 46-710;
R.S.1943, § 46-310.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-311 - Sale, lease, or transfer; law applicable.

46-311.
Sale, lease, or transfer; law applicable.
All provisions of law pertaining to any sale, lease or transfer of any electric light and power plant, distribution system or transmission lines by cities, villages, and public electric light and power districts to any private person, firm, association or corporation, shall be applicable, as nearly as may be, to irrigation districts which shall acquire, establish or own any such plant, lines or system.
Source
Laws 1931, c. 91, § 11, p. 258;
C.S.Supp.,1941, § 46-711;
R.S.1943, § 46-311.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-312 - Extension; pledged net proceeds inadequate; bonds; how issued.

46-312.
Extension; pledged net proceeds inadequate; bonds; how issued.
If at any time after the initial acquisition or establishment by any irrigation district of an electric light and power plant, lines, or systems the Department of Natural Resources deems it to be practicable and expedient that additional plants, lines, or systems, or extensions or improvements of the existing electric light and power plant, lines, or systems, should be made by the district, and if the cost of such additions and extensions cannot be made or provided for by the application of unused funds derived from the operation of the existing electric light and power plant, lines, or systems or by the pledge or assignment of future net revenue as in sections 46-301 to 46-315, then the board of directors may, and on the petition of not less than twenty-five percent of the qualified electors of the district shall, submit to the electors of the district at any general election or at any special election called for the purpose, the question and proposition of making such improvements, additions, or extensions and the issuance of bonds of the district to pay the cost thereof. A statement of the department with reference to the expediency and feasibility of such proposed extension and addition shall be made by such department to the irrigation district whenever requested by the board of directors of such district. Such election shall be held and the result thereof determined and declared in conformity with the provisions of law governing elections upon the proposition of the issuance of bonds of the district. Complete plans and a description of the proposed additions, improvements, changes, or extensions shall be prepared and kept on file in the main office of the district or of the board of the district, subject to inspection by any elector or other interested person, at all reasonable business hours during the period of publication of notice of such election. The ballots at such election shall conform, as nearly as practicable, with the requirements of section 46-305.
Source
Laws 1931, c. 91, § 12, p. 258;
C.S.Supp.,1941, § 46-712;
R.S.1943, § 46-312;
Laws 2000, LB 900, § 164.