reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-255 - Ditches; construction through private property; bridges and gates.

46-255.
Ditches; construction through private property; bridges and gates.
Any person, constructing a ditch or canal through the lands of another, having no interest in such ditch or canal, shall build such ditch or canal in a substantial manner so as to prevent damage to such land. In all cases where necessary for the free and convenient use of lands on both sides of the ditch or canal by the owner or owners of such lands, the owner or those in control of such ditch shall erect substantial and convenient bridges across such canal or ditch, and they shall erect and keep in order suitable gates at the point of entrance and exit of such ditch through any enclosed field.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 11, p. 850;
C.S.1922, § 8461;
C.S.1929, § 46-611;
R.S.1943, § 46-255.
Annotations
Mandamus is proper remedy to compel construction of bridge over canal where title to the canal remains in the United States, but the canal is controlled by the defendant. Nuss v. Pathfinder Irr. Dist., 214 Neb. 888, 336 N.W.2d 584 (1983).
Mandamus is proper remedy to compel construction of bridges over irrigation canal. Crawford v. Central Nebraska P. P. & I. Dist., 154 Neb. 832, 49 N.W.2d 682 (1951).
Mandamus will lie in county where land is located to compel public power and irrigation district to construct bridge across one of its canals. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941).
Mandamus lies to compel owner of irrigation canal to erect bridge across canal whenever necessary for free and convenient use by owner of lands on both sides. State ex rel. Strever v. Dawson County Irr. Co., 102 Neb. 67, 165 N.W. 882 (1917).
Section applies whether owner owned property at time ditch or canal was built or subsequently acquired same by purchase. State ex rel. O'Shea v. Farmers Irr. Dist., 98 Neb. 239, 152 N.W. 372 (1915), affirmed by Farmers Irr. Dist. v. O'Shea, 244 U.S. 325 (1917).
Injunction is proper remedy for preventing one, without authority, from crossing canal with lateral for purpose of carrying water from another canal to his land. Castle Rock Irr. Canal & Water Power Co. v. Jurisch, 67 Neb. 377, 93 N.W. 690 (1903); Park v. Ackerman, 60 Neb. 405, 83 N.W. 173 (1900).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-256 - Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; construction by Department of Natural Resources.

46-256.
Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; construction by Department of Natural Resources.
Persons owning or controlling any ditch, canal, or reservoir for the purpose of storing or using water for any purpose shall, upon thirty days' notice by the Department of Natural Resources, construct and maintain at the point of diversion a substantial headgate, of a design approved by the department, so built that it may be closed, or partially closed and fastened at any stage with lock or seal. They shall also construct a device for measuring and apportioning the water appropriated, which device shall be of a design approved by the department and built at the most practical point to be selected and fixed by it. If they neglect or refuse, for a period of ten days, to construct such headgate and measuring device, the department shall refuse to allow any water to be delivered to or used by or through any such ditch, canal, or reservoir or any other contrivance or device for appropriating, using, or storing water, and the department may construct bars, dams, or other obstructions to prevent such delivery or use.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 26, p. 844;
C.S.1922, § 8445;
C.S.1929, § 81-6326;
R.S.1943, § 46-256;
Laws 2000, LB 900, § 120.
Annotations
Installation of measuring device was properly required as a condition to allowance of appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
Appropriated waters should be measured at the point of diversion. Loup River Public Power Dist. v. North Loup River Public Power & Irr. Dist., 142 Neb. 141, 5 N.W.2d 240 (1942).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-258 - Ditches; maintenance; outlets; headgates; duties of owner.

46-258.
Ditches; maintenance; outlets; headgates; duties of owner.
Any owner or person in control of any ditch for irrigation purposes shall have the ditch in order to receive water from the source of supply on or before April 15 of each year, shall construct necessary outlets in the banks for the delivery of water to all persons who are entitled to the same, and shall maintain a substantial headgate and measuring box or weir at the head of each lateral, which shall be constructed in accordance with plans and specifications approved by the Department of Natural Resources. A multiplicity of outlets shall be avoided. The outlet shall be at the most convenient and practicable point consistent with the protection and safety of the ditch and the efficient distribution of water among the various claimants thereof.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 12, p. 850;
C.S.1922, § 8462;
C.S.1929, § 46-612;
R.S.1943, § 46-258;
Laws 2000, LB 900, § 122.
Annotations
This section does not affect the duty of irrigation district to furnish water, but only prescribes upon whom duty to construct outlets rests. State ex rel. Clarke v. Gering Irr. Dist., 109 Neb. 642, 192 N.W. 212 (1923).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-259 - Running water in rivers and ravines; right to use.

46-259.
Running water in rivers and ravines; right to use.
The right to the use of running water flowing in any river or stream or down any canyon or ravine may be acquired by appropriation by any person.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 13, p. 850;
C.S.1922, § 8463;
C.S.1929, § 46-613;
R.S.1943, § 46-259.
Annotations
The right to appropriate water for irrigation purposes is limited to waters of natural streams. Rogers v. Petsch, 174 Neb. 313, 117 N.W.2d 771 (1962).
Under the irrigation act of 1889, a water right for purposes of irrigation need not have been attached to any particular tract of land. Vonburg v. Farmers Irr. Dist., 132 Neb. 12, 270 N.W. 835 (1937).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-262 - Duties of persons taking water; noncompliance; liability.

46-262.
Duties of persons taking water; noncompliance; liability.
No person shall accept more water from any ditch, canal or reservoir than he is justly entitled to. On finding that he is receiving more water either through his headgates or by means of leaks, or by any other means, than he is entitled to receive he shall immediately take steps to prevent the same. If he knowingly permits such excess water to come upon his land, and fails to promptly notify the owner of such ditch, canal or reservoir, he shall be liable in damages to any person who shall be injured thereby.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 16, p. 851;
C.S.1922, § 8466;
C.S.1929, § 46-616;
R.S.1943, § 46-262.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-263 - Water; neglecting and preventing delivery; penalty.

46-263.
Water; neglecting and preventing delivery; penalty.
Any person having charge of a ditch or canal used for irrigation purposes, who shall neglect or refuse to deliver water as herein provided, or any person or persons who shall prevent or interfere with the proper delivery of water to the person or persons having the right thereto, shall be guilty of a Class III misdemeanor.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 18, p. 853;
C.S.1922, § 8468;
C.S.1929, § 46-618;
R.S.1943, § 46-263;
Laws 1977, LB 40, § 259;
Laws 1987, LB 140, § 9.
Annotations
This section does not apply to persons who neglect or refuse to deliver water to those who have no right to the water. Weber v. North Loup River Pub. Power, 288 Neb. 959, 854 N.W.2d 263 (2014).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-263.01 - Water; molesting or damaging measuring device; penalty.

46-263.01.
Water; molesting or damaging measuring device; penalty.
Any person, or persons, who shall molest, tamper with, break into or damage in any way any device used for the measuring and recording of the water flowing in any stream, canal or reservoir in this state shall be guilty of a Class II misdemeanor.
Source
Laws 1947, c. 172, § 3, p. 522;
Laws 1969, c. 385, § 1, p. 1353;
Laws 1977, LB 40, § 260.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-263.02 - Water; molesting or damaging measuring device; apprehension and conviction; reward.

46-263.02.
Water; molesting or damaging measuring device; apprehension and conviction; reward.
The Department of Natural Resources is hereby authorized and empowered to offer and pay out of the fees collected by the department rewards of not to exceed twenty-five dollars in any case for the apprehension and conviction of any person or persons violating the provisions of section 46-263.01.
Source
Laws 1947, c. 172, § 4, p. 522;
Laws 2000, LB 900, § 124.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-265 - Embankments; maintenance; return of unused water; duties of owner.

46-265.
Embankments; maintenance; return of unused water; duties of owner.
The owner or owners of any irrigation ditch or canal shall carefully maintain the embankments thereof so as to prevent waste therefrom, and shall return the unused water from such ditch or canal with as little waste thereof as possible to the stream from which such water was taken, or to the Missouri River.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 20, p. 854;
C.S.1922, § 8470;
C.S.1929, § 46-620;
R.S.1943, § 46-265.
Annotations
Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980).
This section deals with the return to stream of unused water transported in irrigation ditches to prevent waste. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
Unused irrigation water must be returned to natural stream. Kuhlmann v. Platte Valley Irr. Dist., 166 Neb. 493, 89 N.W.2d 768 (1958).
This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).
The right of an appropriator to recapture seepage waters is not impliedly denied by this section. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-266 - Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.

46-266.
Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.
No owner of any water power or irrigation ditch, canal or lateral shall so construct, maintain or operate the same as to permit any water to escape therefrom upon any public road or highway. No person in the application of water in the irrigation of lands shall permit the same to escape from such lands and to flow upon any public road or highway. Any person violating any of the provisions of this section shall be guilty of a Class V misdemeanor. Each day water is permitted to flow or escape upon any public road or highway in violation of the foregoing prohibitions shall be deemed a separate and distinct offense. The overseer of highways or other officer in charge of road work in the area in which a violation occurs shall make complaint therefor, but no other person shall be precluded from making complaint.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 21, p. 854;
C.S.1922, § 8471;
C.S.1929, § 46-621;
R.S.1943, § 46-266;
Laws 1959, c. 181, § 14, p. 660;
Laws 1977, LB 40, § 261.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-268 - Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.

46-268.
Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.
Whenever any person, association or corporation owning any irrigation ditch or canal enters into a contract with a landowner to carry water to any tract of land having a water appropriation, such carriage contract shall be recorded in the county where such land is situated in the same manner and under the same conditions as deeds for real estate. Such contract, from the date of the recording thereof, shall be binding upon the grantor, his, their or its successors or assigns, and all persons claiming any interest in such ditch or canal. No foreclosure or other proceedings to subject the property of the owner of such ditch or canal to the satisfaction of any lien or claim shall in any manner impair the right of such grantee, his heirs, administrators or assigns, to the use of the water from such ditch or canal in the quantity and manner provided in his deed or contract.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 23, p. 855;
C.S.1922, § 8473;
C.S.1929, § 46-623;
R.S.1943, § 46-268;
Laws 1947, c. 172, § 2, p. 522.
Annotations
Purchaser of land is not personally liable for annual maintenance charge imposed by contract between his grantor and irrigation company. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-269 - Mutual irrigation companies; recognized; bylaws; when lawful.

46-269.
Mutual irrigation companies; recognized; bylaws; when lawful.
Any corporation or association organized under the laws of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation purposes, and deriving no revenue from their operation, shall be termed a mutual irrigation company, and any bylaws adopted by such company, not in conflict herewith, shall be deemed lawful and so recognized by the courts of this state;
Provided,
such bylaws do not impair the rights of one shareholder over another.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 24, p. 855;
C.S.1922, § 8474;
C.S.1929, § 46-624;
R.S.1943, § 46-269.
Annotations
Mutual canal company possesses only those powers expressly or impliedly granted. Thirty Mile Canal Co. v. Carskadon, 160 Neb. 496, 70 N.W.2d 432 (1955).
Stockholder in mutual irrigation company cannot compel company to furnish him water without payment of his share of maintenance fund. Swanger v. Porter, 87 Neb. 764, 128 N.W. 516 (1910).
Duty of those in charge to operate so as to obtain profit applies to mutual irrigation company. Robbins v. Winters Creek Canal Co., 109 F.2d 849 (8th Cir. 1940).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-270 - Irrigation projects; how financed.

46-270.
Irrigation projects; how financed.
Any corporation or association organized under the law of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation and water power purposes shall have power to borrow money, to issue bonds, and to mortgage its property and franchises in the same manner as railroad corporations.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 25, p. 855;
Laws 1921, c. 271, § 1, p. 900;
C.S.1922, § 8475;
C.S.1929, § 46-625;
R.S.1943, § 46-270;
Laws 2000, LB 900, § 125;
Laws 2001, LB 420, § 31.
Annotations
Landowner held not liable for increase in annual maintenance charge. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).
Irrigation companies have right to mortgage property, and mortgage can be foreclosed without making water users parties to action. Almeria Irr. Canal Co. v. Tzschuck Canal Co., 67 Neb. 290, 93 N.W. 174 (1903).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-271 - Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.

46-271.
Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.
Any corporation or association organized under the laws of this state for the purpose of constructing or operating canals, reservoirs or other works for irrigation purposes may, through its board of directors or trustees, assess the shares, stock, or interest of the stockholders thereof for the purpose of obtaining funds to defray the necessary running expenses. Any assessments levied under this section shall become and be a lien upon the stock or interest so assessed. Such assessments shall, if not paid, become delinquent at the expiration of sixty days, and the stock or interest may be sold at public sale to satisfy such lien. Notice of such sale shall be published for three consecutive weeks prior thereto, in some newspaper published and of general circulation in the county where the office of the company is located. Upon the date mentioned in the advertisement, or upon the date to which the sale may have been adjourned, such stock or interest, or so much thereof as may be necessary to satisfy such lien and costs, shall be sold to the highest bidder for cash.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 26, p. 855;
C.S.1922, § 8476;
C.S.1929, § 46-626;
R.S.1943, § 46-271;
Laws 1996, LB 299, § 23.
Annotations
Sale of stock is only method of collection of delinquent assessments. Thirty Mile Canal Co. v. Carskadon, 160 Neb. 496, 70 N.W.2d 432 (1955).
This section does not apply to annual maintenance charge against party not claiming any interest in canal or ditch. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).
Legislature cannot amend or change the law so as to make stock bought and fully paid for assessable. Enterprise Ditch Co. v. Moffitt, 58 Neb. 642, 79 N.W. 560 (1899).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-272 - Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.

46-272.
Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.
The county clerk is hereby authorized to accept from water users' associations, organized in conformity with the requirements of the United States under the reclamation act, books containing printed copies of their articles of incorporation and forms of subscription to stock, and to use such books for recording the stock subscriptions of such associations. The charges for the recording thereof shall be made on the basis of the number of words actually written therein.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 29, p. 857;
C.S.1922, § 8479;
C.S.1929, § 46-629;
R.S.1943, § 46-272.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-273 - Water; United States may furnish to individuals; conditions and requirements.

46-273.
Water; United States may furnish to individuals; conditions and requirements.
The United States of America is hereby authorized, in conformity to the laws of the State of Nebraska, to appropriate, develop, and store any unappropriated flood or unused waters, in connection with any project constructed by the United States pursuant to the provisions of an Act of Congress approved June 17, 1902, being An Act providing for the reclamation of arid lands (32 Stat. L. 388), and all acts amendatory thereof and supplemental thereto. When the officers of the United States Bureau of Reclamation determine that any water so developed or stored is in excess of the needs of the project as then completed or is flood or unused water, the United States may contract to furnish such developed, stored, flood, or unused water, under the terms and conditions imposed by Act of Congress and the rules and regulations of the United States, to any person who may have theretofore been granted a permit to appropriate a portion of the normal flow of any stream, if the water so appropriated shall, during some portion of the year, be found insufficient for the needs of the land to which it is appurtenant. The United States and every person entering into a contract as herein provided shall have the right to conduct such water into and along any of the natural streams of the state, but not so as to raise the waters thereof above the ordinary high water mark, and may take out the same again at any point desired, without regard to the prior rights of others to water from the same stream; but due allowance shall be made for losses in transit, the amount of such allowance to be determined by the Department of Natural Resources. The department shall supervise and enforce the distribution of such water so delivered with like authority and under the same provisions as in the case of general appropriators.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 28, p. 856;
C.S.1922, § 8478;
C.S.1929, § 46-628;
R.S.1943, § 46-273;
Laws 1955, c. 183, § 5, p. 517;
Laws 1987, LB 140, § 10;
Laws 2000, LB 900, § 126.
Annotations
Contract restricting use of storage water by any one landowner to an amount sufficient to irrigate one hundred sixty acres was valid. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
The scope of the appropriative rights in connection with a federal reclamation project are the same as those in connection with any irrigation canal, and includes the right to collect seepage waters from any parts of the lands and to reapply them upon any other lands within the project and under the appropriation. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
Injury to reclamation service, by taking seepage water which the United States had a contract to sell, may be enjoined. Ramshorn Ditch Co. v. United States, 269 F. 80 (8th Cir. 1920).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-281 - Artesian water; waste prohibited.

46-281.
Artesian water; waste prohibited.
It shall be unlawful for any owner or owners, lessee or lessees, occupier or occupiers, foreman or superintendent of any farm, town lot or other real estate in the State of Nebraska, where artesian water has been found or may be found hereafter, to allow the water from wells or other borings or drillings on any farm, town lot, or other real estate in Nebraska to flow out and run to waste in any manner to exceed what will flow or run through a pipe one-half of one inch in diameter, except where the water is first used for irrigation, or to create power for milling or other mechanical purposes.
Source
Laws 1897, c. 84, § 1, p. 358;
R.S.1913, § 3527;
C.S.1922, § 2927;
C.S.1929, § 46-172;
R.S.1943, § 46-281.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-282 - Artesian water; waste; penalty.

46-282.
Artesian water; waste; penalty.
Any person or persons who own, occupy or have control of any farm, town lot or other real estate in the State of Nebraska, who fail or refuse to close or shut off any wastage of artesian water to the amount that section 46-281 allows on any farm, town lot or other real estate which they own, occupy or have control of, after being notified in writing by any person having the benefit of such mutual artesian water supply, within forty-eight hours after such notification, shall be subject to arrest, and shall be guilty of a Class V misdemeanor; and if such wastage be not abated within twenty-four hours after such arrest and conviction, it shall be a second offense against the provisions of section 46-281 and be subject to the same fine as for the first offense. Every like offense or neglect of each twenty-four hours thereafter shall be considered an additional offense against the provisions of section 46-281.
Source
Laws 1897, c. 84, § 2, p. 358;
R.S.1913, § 3528;
C.S.1922, § 2928;
C.S.1929, § 46-173;
R.S.1943, § 46-282;
Laws 1977, LB 40, § 264.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-283 - Legislative findings.

46-283.
Legislative findings.
The Legislature hereby finds and declares that the practice of reusing ground water from irrigation water reuse pits on irrigated land contributes to the efficient use and conservation of the state's water resources and that such reuse may be more feasible when done from irrigation water reuse pits located within ephemeral natural streams.
Source
Laws 1980, LB 908, § 1;
Laws 2008, LB798, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-284 - Definitions, sections found.

46-284.
Definitions, sections found.
For purposes of sections 46-283 to 46-287, unless the context otherwise requires, the definitions found in sections 46-285 and 46-286 shall be used.
Source
Laws 1980, LB 908, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-285 - Irrigation water reuse pit, defined.

46-285.
Irrigation water reuse pit, defined.
Irrigation water reuse pit shall mean an excavation constructed to capture, for reuse, runoff resulting from ground water irrigation or a structure designed for the purpose of water impoundment which is used for this same purpose so long as the capacity of the facility does not exceed fifteen acre-feet.
Source
Laws 1980, LB 908, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-286 - Ephemeral natural stream, defined.

46-286.
Ephemeral natural stream, defined.
An ephemeral natural stream shall mean that portion of a natural stream in which water flows only after a precipitation event or when augmented by surface water runoff caused by the pumping of ground water for irrigation. The portion of a natural stream that is shown as an intermittent stream on the most recent United States Geological Survey topographic quadrangle map published prior to July 18, 2008, shall be considered an ephemeral natural stream unless the Department of Natural Resources has investigated the stream and determined that the stream or a reach of the stream is perennial or intermittent and subject to Chapter 46, article 2. The department's determination for the purposes of this section shall be adopted and promulgated in rule or regulation.
Source
Laws 1980, LB 908, § 4;
Laws 2006, LB 508, § 1;
Laws 2008, LB798, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-287 - Irrigation water reuse pit; reusing ground water; exempt from certain provisions.

46-287.
Irrigation water reuse pit; reusing ground water; exempt from certain provisions.
Notwithstanding any other provision of law, any person intending to or in the process of reusing ground water from an irrigation water reuse pit located within an ephemeral natural stream shall be exempt from the provisions of Chapter 46, article 2, which would otherwise apply to such pits, and from the provisions of section 46-637.
Source
Laws 1980, LB 908, § 5;
Laws 2008, LB798, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-288 - Interbasin transfers; terms, defined.

46-288.
Interbasin transfers; terms, defined.
For purposes of this section and section 46-289, unless the context otherwise requires:
(1) Basin of origin shall mean the river basin in which the point or proposed point of diversion of water is located;
(2) Beneficial use shall include, but not be limited to, reasonable and efficient use of water for domestic, municipal, agricultural, industrial, commercial, power production, subirrigation, fish and wildlife, ground water recharge, interstate compact, water quality maintenance, or recreational purposes. Nothing in this subdivision shall be construed to affect the preferences for use of surface water as provided in section 46-204;
(3) Interbasin transfer shall mean the diversion of water in one river basin and the transportation of such water to another river basin for storage or utilization for a beneficial use; and
(4) River basin shall mean any of the following natural hydrologic basins of the state as shown on maps located in the Department of Natural Resources: (a) The White River and Hat Creek basin; (b) the Niobrara River basin; (c) the Platte River basin, including the North Platte and South Platte River basins, except that for purposes of transfer between the North and South Platte River basins each shall be considered a separate river basin; (d) the Loup River basin; (e) the Elkhorn River basin; (f) the Republican River basin; (g) the Little Blue River basin; (h) the Big Blue River basin; (i) the Nemaha River basin; and (j) the Missouri tributaries basin.
Source
Laws 1981, LB 252, § 5;
Laws 1993, LB 789, § 3;
Laws 2000, LB 900, § 129.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-289 - Legislative findings; interbasin transfers; application for water; factors considered; order issued.

46-289.
Legislative findings; interbasin transfers; application for water; factors considered; order issued.
The Legislature finds, recognizes, and declares that the transfer of water to outside the boundaries of a river basin may have impacts on the water and other resources in the basin and that such impacts differ from those caused by uses of water within the same basin in part because any unused water will not be returned to the stream from which it is taken for further use in that river basin. The Legislature therefor recognizes the need to delineate factors for consideration by the Director of Natural Resources when evaluating an application made pursuant to section 46-233 which involves an interbasin transfer of water in order to determine whether denial of such application is demanded by the public interest. Those considerations shall include, but not be limited to, the following factors:
(1) The economic, environmental, and other benefits of the proposed interbasin transfer and use;
(2) Any adverse impacts of the proposed interbasin transfer and use;
(3) Any current beneficial uses being made of the unappropriated water in the basin of origin;
(4) Any reasonably foreseeable future beneficial uses of the water in the basin of origin;
(5) The economic, environmental, and other benefits of leaving the water in the basin of origin for current or future beneficial uses;
(6) Alternative sources of water supply available to the applicant; and
(7) Alternative sources of water available to the basin of origin for future beneficial uses.
The application shall be deemed in the public interest if the overall benefits to the state and the applicant's basin are greater than or equal to the adverse impacts to the state and the basin of origin. The director's order granting or denying an application shall specify the reasons for such action, including a discussion of the required factors for consideration, and shall document such decision by reference to the hearing record, if any, and to any other sources used by the director in making the decision.
Source
Laws 1981, LB 252, § 6;
Laws 1986, LB 309, § 2;
Laws 2000, LB 900, § 130.
Annotations
The provisions of this section are not applicable to instream flow applications. Central Platte NRD v. State of Wyoming, 245 Neb. 439, 513 N.W.2d 847 (1994).
This statute establishes a procedure to be followed in determining whether an appropriation application must be denied. Little Blue N.R.D. v. Lower Platte North N.R.D., 210 Neb. 862, 317 N.W.2d 726 (1982).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-292 - Application; hearing.

46-292.
Application; hearing.
The Department of Natural Resources may hold a hearing on an application filed under section 46-290 on its own motion and shall hold a hearing if a timely request therefor is filed by any interested person in accordance with section 46-291. Any such hearing shall be subject to section 61-206.
Source
Laws 1983, LB 21, § 4;
Laws 2000, LB 900, § 133;
Laws 2004, LB 962, § 18.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-293 - Application; review; Director of Natural Resources; powers.

46-293.
Application; review; Director of Natural Resources; powers.
(1) The Director of Natural Resources shall independently review each application subject to subsection (2) of section 46-291 to determine whether the requirements of section 46-294 will be met if the transfer or change is approved. The requirement of this subsection is not altered when there are objectors who have become parties to the proposed transfer or change, but if a hearing is called by the Department of Natural Resources on its own motion or as the result of a request therefor filed in accordance with subsection (4) of section 46-291, any evidence considered by the director in making such determinations shall be made a part of the record of the hearing as provided in section 84-914.
(2) Either on his or her own motion or in response to objections or comments received pursuant to subsection (4) or (5) of section 46-291, the director may require the applicant to provide additional information before a hearing will be scheduled or, if no hearing is to be held, before the application will receive further consideration. The information requested may include economic, social, or environmental impact analyses of the proposed transfer or change, information about the amount of water historically consumed under the appropriation, copies of any plans for mitigation of any anticipated adverse impacts that would result from the proposed transfer or change, and such other information as the director deems necessary in order to determine whether the proposed transfer or change is consistent with section 46-294.
Source
Laws 1983, LB 21, § 5;
Laws 2000, LB 900, § 134;
Laws 2004, LB 962, § 19.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-294.01 - Appropriation; temporary transfer; filings required.

46-294.01.
Appropriation; temporary transfer; filings required.
Whenever a temporary transfer is approved in accordance with sections 46-290 to 46-294, the applicant shall, within sixty days after the order of approval of the Department of Natural Resources, cause copies of the following to be filed with the county clerk or register of deeds of the county in which the land subject to the appropriation prior to the transfer is located: (1) The permit by which the appropriation was established; (2) the agreement by which the temporary transfer is to be effected; and (3) the order of the Director of Natural Resources approving the temporary transfer. Whenever renewal of a temporary transfer is approved pursuant to section 46-294.02, the applicant shall, within sixty days after such approval, cause a copy of the order of the director approving such renewal to be filed with the county clerk or register of deeds of such county. Such documents shall be indexed to the land subject to the appropriation prior to the transfer. The applicant shall file with the department, within ninety days after the department's order of approval, proof of filing with the county clerk or register of deeds. Failure to file such proof of filing within such ninety-day time period shall be grounds for the director to negate any prior approval of the transfer or renewal.
Source
Laws 2004, LB 962, § 21;
Laws 2006, LB 1226, § 12.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-294.02 - Appropriation; temporary transfer or change; renewal or extension.

46-294.02.
Appropriation; temporary transfer or change; renewal or extension.
A temporary transfer or a change in the type or purpose of use of an appropriation may be renewed or otherwise extended by the parties thereto at any time following the midpoint of the transfer or change term, but any such renewal or extension is subject to review and approval pursuant to sections 46-290 to 46-294. No renewal or extension shall cause the term of any such temporary transfer or change to exceed thirty years in duration from the date the renewal or extension is approved by the Director of Natural Resources.
Source
Laws 2004, LB 962, § 22.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-294.03 - Appropriation; temporary transfer or change; effect on classification and valuation.

46-294.03.
Appropriation; temporary transfer or change; effect on classification and valuation.
For purposes of assessment pursuant to sections 77-1343 to 77-1363, neither the temporary transfer or change of an appropriation nor any resulting land-use changes on the land to which the appropriation was appurtenant prior to the transfer or change shall cause the land to be reclassified to a lower value use or the valuation of the land to be reduced, but the land may be reclassified to a higher value use and its valuation may be increased if a higher value use is made of the land while the temporary transfer or change is in effect. Land from which an appropriation has been permanently transferred shall be classified and valued for tax purposes in accordance with the use of the land after the transfer.
Source
Laws 2004, LB 962, § 23.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-294.04 - Appropriation; temporary transfer or change; effect on rights of condemnation.

46-294.04.
Appropriation; temporary transfer or change; effect on rights of condemnation.
During the time within which a temporary transfer or change in purpose of use of an appropriation is in effect, the appropriation may not be used to invoke any rights of condemnation that are based on preference of use, but such appropriation shall be subject to the exercise of such rights by owners of other appropriations that are for water uses superior to the pretransfer or prechange use of the water under the transferred or changed appropriation.
Source
Laws 2004, LB 962, § 24.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-295 - Legislative findings.

46-295.
Legislative findings.
The Legislature recognizes that, as a result of water project operations, surface water in some areas of the state has been, is, and will be in the future intentionally and incidentally stored in and withdrawn from underground strata. The Legislature acknowledges that rights to water intentionally or incidentally stored underground and rights to withdrawal of such water should be formally recognized and quantified and recognizes the propriety of all beneficiaries proportionately sharing, to the extent of potential benefit from intentional underground water storage, in the financial obligations necessary for construction, operation, and maintenance of water projects which cause intentional underground water storage.
The Legislature finds that uses of water for incidental and intentional underground water storage are beneficial uses of water which contribute to the recharge of Nebraska's aquifers and that comprehensive, conjunctive management of surface water and intentional or incidental underground water storage is essential for the continued economic prosperity and well-being of the state, serves the public interest by providing an element of certainty essential for investment in water resources development, and will improve Nebraska's standing in the event of interstate dispute.
To facilitate optimum beneficial use of water by the people of Nebraska, the Legislature recognizes the need for authorizing the recognition of incidental underground water storage, for authorizing intentional underground water storage, and for authorizing the levying and collection of fees and assessments on persons who withdraw or otherwise use or benefit from intentional underground water storage as provided in sections 46-299 to 46-2,106.
Nothing in sections 46-202, 46-226.01, 46-226.02, 46-233, 46-240, 46-241, 46-242, 46-295 to 46-2,106, 46-544, and 46-712 shall be construed to alter existing statutes regarding the relationship between naturally occurring surface and ground water.
Source
Laws 1983, LB 198, § 1;
Laws 1985, LB 488, § 6;
Laws 1989, LB 45, § 2;
Laws 1996, LB 108, § 4;
Laws 2000, LB 900, § 136;
Laws 2004, LB 962, § 26.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-296 - Terms, defined.

46-296.
Terms, defined.
For purposes of sections 33-105, 46-202, and 46-295 to 46-2,106, unless the context otherwise requires:
(1) Department means the Department of Natural Resources;
(2) Director means the Director of Natural Resources;
(3) Person means a natural person, partnership, limited liability company, association, corporation, municipality, or agency or political subdivision of the state or of the federal government;
(4) Underground water storage means the act of storing or recharging water in underground strata. Such water shall be known as water stored underground but does not include ground water as defined in section 46-706 which occurs naturally;
(5) Intentional underground water storage means underground water storage which is an intended purpose or result of a water project or use. Such storage may be accomplished by any lawful means such as injection wells, infiltration basins, canals, reservoirs, and other reasonable methods; and
(6) Incidental underground water storage means underground water storage which occurs as an indirect result, rather than an intended or planned purpose, of a water project or use and includes, but is not limited to, seepage from reservoirs, canals, and laterals, and deep percolation from irrigated lands.
Source
Laws 1983, LB 198, § 2;
Laws 1985, LB 488, § 7;
Laws 1993, LB 121, § 277;
Laws 1996, LB 108, § 5;
Laws 2000, LB 900, § 137;
Laws 2004, LB 962, § 27.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-297 - Permit to appropriate water; modification to include underground water storage; procedure.

46-297.
Permit to appropriate water; modification to include underground water storage; procedure.
Any person who has an approved, unperfected appropriation pursuant to Chapter 46, article 2, may apply to the department for a modification of such permit to include intentional underground water storage associated with the appropriation. The application shall be made on a form prescribed and furnished by the department without cost to the applicant. Upon receipt of such an application, the department shall proceed in accordance with rules and regulations adopted and promulgated by the department, subject to section 46-226.02.
Source
Laws 1983, LB 198, § 11;
Laws 1997, LB 752, § 120;
Laws 2013, LB102, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-299 - Permittee; authorized to levy a fee or assessment; limitation.

46-299.
Permittee; authorized to levy a fee or assessment; limitation.
Any person who has obtained a permit for intentional underground water storage and recovery of such water pursuant to section 46-233, 46-240, 46-241, 46-242, or 46-297 may, subject to section 46-2,101, levy a fee or assessment against any person for the right or probable right to withdraw or otherwise use such stored water. Such fee or assessment may be levied against any land in connection with which such underground water storage has occurred or probably will occur, and may be varied based on the degree to which underground water storage has occurred or will occur. No fee or assessment shall represent more than the fair market value of such recharge, except that a fee or assessment may include a sum sufficient to amortize the operation, maintenance, repair, and capital costs of the project, apportioned on the degree to which recharge has occurred or is likely to occur, and on the degree to which any surface water is delivered.
Source
Laws 1983, LB 198, § 13;
Laws 2008, LB798, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,100 - Fee or assessment; limitation.

46-2,100.
Fee or assessment; limitation.
No fee or assessment may be levied pursuant to section 46-299 for withdrawals from wells with a capacity of less than one hundred gallons per minute which are solely for domestic purposes as defined in section 46-613.
Source
Laws 1983, LB 198, § 14;
Laws 1989, LB 45, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,101 - Fee or assessment; application for approval; contents; fee schedule.

46-2,101.
Fee or assessment; application for approval; contents; fee schedule.
(1) Any person intending to levy fees or assessments in accordance with section 46-299 or to modify such fees or assessments shall, prior to levying such fees, assessments, modified fees, or modified assessments, file with the department an application for approval of authority to levy such fees on a form prescribed and furnished by the department.
(2) Such an application shall include a fee schedule and the following information:
(a) The source of the water stored or to be stored underground;
(b) The underground water storage method;
(c) The relative amounts of water stored or to be stored underground and naturally occurring ground water;
(d) The data or reference studies used by the applicant to determine the underground water storage;
(e) A description of the areas served or to be served by the water stored underground;
(f) The amount of surface water, if any, for which the applicant has an appropriation; and
(g) The manner, use, and location of any such surface water appropriation.
The application shall be processed under the applicable rules and regulations of the department adopted and promulgated pursuant to section 61-206.
(3) An application shall be approved if the fees, assessments, modified fees, or modified assessments appear reasonable and comply with the requirements of section 46-299.
(4) The department shall review approved fee schedules every five years after approval to determine whether the fees should be increased, decreased, or eliminated, except that if the adopted schedules have been pledged to repayment of financing for the project, the department shall only review after repayment is completed.
Source
Laws 1983, LB 198, § 15;
Laws 1985, LB 488, § 9;
Laws 1989, LB 45, § 4;
Laws 2000, LB 900, § 138.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,102 - Fee or assessment; lien.

46-2,102.
Fee or assessment; lien.
A fee or assessment levied pursuant to section 46-299 shall become a lien on the property benefited, or to be benefited, thirty days after the due date of such fee or assessment. The person levying the fee or assessment may collect such fee or assessment if it remains unpaid after thirty days after the due date by commencing an action in district court against the owner of the land benefited or to be benefited to foreclose the lien or to recover the amount due, except that no lien shall become effective until notice thereof is filed with the register of deeds in the county in which the benefited property is located and such lien shall relate back only to the date of filing.
Source
Laws 1983, LB 198, § 16;
Laws 1989, LB 45, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-2,103 - Injunction; when issued.

46-2,103.
Injunction; when issued.
Any person who has obtained approval of fees or assessments pursuant to section 46-2,101, may commence an action to enjoin any person from withdrawing or otherwise using the stored water if the person has not entered into an agreement to pay fees or assessments for such stored water, or has failed and refused to pay a fee or assessment for a period of thirty days from and after the due date of the fee or assessment. No injunction may be obtained against withdrawals from wells with a capacity of less than one hundred gallons per minute which are solely for domestic uses as defined in section 46-613.
Source
Laws 1983, LB 198, § 17.