reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-313 - Eminent domain; use of highways; construction and operation; general law applicable.

46-313.
Eminent domain; use of highways; construction and operation; general law applicable.
All general provisions of law applicable to electric light and power corporations and irrigation districts which pertain to the exercise of the power of eminent domain, the use and occupation of public highways, and the manner or method of construction and physical operation of plants, systems, and transmission lines shall be applicable, as nearly as may be, to irrigation districts in their exercise of the powers and functions, and in their performance of the duties conferred or imposed upon them under the provisions of sections 46-301 to 46-315.
Source
Laws 1931, c. 91, § 13, p. 259;
C.S.Supp.,1941, § 46-713;
R.S.1943, § 46-313.
Cross References
For eminent domain procedure, see Chapter 76, article 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-314 - Profits from sale of electricity; how used.

46-314.
Profits from sale of electricity; how used.
All net profits derived from the sale of electrical energy under the provisions of sections 46-301 to 46-315 shall belong to the irrigation district producing it, and may be used by such district to pay its operation and maintenance expense, its bonded indebtedness, if any, or other debts, or for improvements and additions.
Source
Laws 1931, c. 91, § 14, p. 259;
C.S.Supp.,1941, § 46-714;
R.S.1943, § 46-314.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-315 - Use of water for hydroelectric plant; rights of irrigation district.

46-315.
Use of water for hydroelectric plant; rights of irrigation district.
Every irrigation district in this state shall have the exclusive right to make application to the Department of Natural Resources for the use of all water used for irrigation purposes and all return flow and seepage water from irrigated land in its district for the purpose of operating hydroelectric plants under sections 46-301 to 46-315.
Source
Laws 1931, c. 91, § 15, p. 259;
C.S.Supp.,1941, § 46-715;
R.S.1943, § 46-315;
Laws 2000, LB 900, § 165.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-501 - Reclamation districts; declaration of purpose.

46-501.
Reclamation districts; declaration of purpose.
It is hereby declared that to provide for the conservation of the water resources of the State of Nebraska and for the greatest beneficial use of water within the state, the organization of reclamation districts and the construction of works as herein defined by such districts are a public use and will: (1) Be essentially for the public benefit and advantage of the people of the State of Nebraska; (2) indirectly benefit all industries of the state; (3) indirectly benefit the State of Nebraska in the increase of its taxable property valuation; (4) directly benefit municipalities by providing adequate supplies of water for domestic use; (5) directly benefit lands to be irrigated from works to be constructed; (6) directly benefit lands now under irrigation by stabilizing the flow of water in streams and by increasing flow and return flow of water to such streams by replenishing and maintaining subsurface supplies; and (7) promote the comfort, safety and welfare of the people of the State of Nebraska.
Source
Laws 1947, c. 173, § 1(1), p. 523.
Annotations
This and the succeeding section declare the public policy, use, benefits, and purpose of organization of reclamation districts. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-502 - Reclamation districts; declaration of policy.

46-502.
Reclamation districts; declaration of policy.
It is therefor declared to be the policy of the State of Nebraska to (1) control, make use of and apply to beneficial use all available waters of this state to a direct and supplemental use of such waters for domestic, manufacturing, irrigation, power and other beneficial uses, (2) obtain from water of the state the highest benefit for domestic uses and irrigation of lands in Nebraska, (3) cooperate with the United States under the federal reclamation laws now or hereinafter enacted and other agencies of the United States Government in the construction and financing of works in the State of Nebraska as herein defined and for the operation and maintenance thereof, and (4) promote the greater prosperity and general welfare of the people of the State of Nebraska by encouraging the organization of reclamation districts as provided in sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 1(2), p. 524.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-503 - Act, how cited.

46-503.
Act, how cited.
Sections 46-501 to 46-573 may be known and cited as Reclamation Act, the districts created hereunder may be termed reclamation districts; and the bonds which may be issued hereunder may be called reclamation district bonds, which designation may be engraved or printed on their face.
Source
Laws 1947, c. 173, § 2(1), p. 524.
Annotations
This and the eleven succeeding sections contain definition of terms used in Reclamation Act. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-504 - Publication, defined.

46-504.
Publication, defined.
Wherever the term publication is used in sections 46-501 to 46-573 and no manner specified therefor, it shall be taken to mean once a week three consecutive weeks in at least one newspaper of general circulation in each county wherein such publication is to be made. It shall not be necessary that publication be made on the same day of the week in each of the three weeks, but not less than fourteen days (excluding the day of the first publication), shall intervene between the first publication and the last publication, and publication shall be complete on the date of the last publication.
Source
Laws 1947, c. 173, § 2(2), p. 524.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-505 - Person and public corporation, defined.

46-505.
Person and public corporation, defined.
Wherever the term person is used in sections 46-501 to 46-573 and not otherwise specified, it shall be taken to mean a person, firm, partnership, limited liability company, association, or corporation other than a county, village, city, city and county, or other political subdivision. Similarly, the words public corporation shall be taken to mean counties, cities and counties, villages, cities, school districts, irrigation districts, water districts, park districts, public power districts, public power and irrigation districts, and all governmental agencies clothed with the power of levying or providing for the levy of general or special taxes or special assessments.
Source
Laws 1947, c. 173, § 2(3), p. 525;
Laws 1993, LB 121, § 278.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-506 - Board, defined.

46-506.
Board, defined.
Wherever the word board is used in sections 46-501 to 46-573, and not otherwise specified, it shall be taken to mean the board of directors of the district organized under the provisions of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 2(4), p. 525.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-507 - Works, defined.

46-507.
Works, defined.
Wherever the term works is used in sections 46-501 to 46-573, it shall, unless otherwise specified, be held to mean dams, storage reservoirs, compensatory and replacement reservoirs, canals, conduits, pipelines, tunnels, power plants, transmission lines, drainage canals, pumping plants, and all works, facilities, improvements and property necessary or convenient for the supplying, controlling and disposing of water for domestic, irrigation, power, milling, manufacturing, mining, metallurgical and any and all other beneficial uses.
Source
Laws 1947, c. 173, § 2(5), p. 525;
Laws 1951, c. 151, § 1, p. 599.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-508 - Court, defined.

46-508.
Court, defined.
Wherever the term court is used in sections 46-501 to 46-573, and not otherwise specified, it shall be taken to mean the district court sitting in any judicial district of the State of Nebraska, containing a portion or portions of lands contained in a reclamation district.
Source
Laws 1947, c. 173, § 2(6), p. 525.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-509 - Property, defined.

46-509.
Property, defined.
Wherever the term property is used in sections 46-501 to 46-573, it shall, unless otherwise specified, be held to mean real estate and personal property.
Source
Laws 1947, c. 173, § 2(7), p. 525.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-510 - Land or real estate, defined.

46-510.
Land or real estate, defined.
Wherever the terms land or real estate are used in sections 46-501 to 46-573, they shall, unless otherwise specified, be held to mean real estate, as the words real estate are defined by the laws of the State of Nebraska, and shall embrace all railroads, highways, electrical roads, street and interurban railroads, roads, streets, street improvements, telephone, telegraph, and transmission lines, gas, sewer and water systems, water rights, pipelines and rights-of-way of public service corporations and all other real property whether held for public or private use.
Source
Laws 1947, c. 173, § 2(8), p. 525.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-511 - Land or property, defined.

46-511.
Land or property, defined.
Wherever the terms land or property are used in sections 46-501 to 46-573 with reference to benefits, appraisals, assessments, or taxes, public corporations shall as political entities, according to benefits received, be considered as included in such reference in the same manner as land or property.
Source
Laws 1947, c. 173, § 2(9), p. 526.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-512 - Irrigable or irrigable lands, defined.

46-512.
Irrigable or irrigable lands, defined.
Wherever the terms irrigable or irrigable lands are used in sections 46-501 to 46-573 they shall be taken to mean privately owned agricultural lands outside the corporate limits of cities or villages, which can be benefited by the use of water for irrigation purposes and which would lie within any district established under the provisions of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 2(10), p. 526.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-513 - Nonirrigable land, defined.

46-513.
Nonirrigable land, defined.
Wherever the term nonirrigable land is used in sections 46-501 to 46-573 it shall be taken to mean privately owned agricultural lands outside the corporate limits of cities or villages, which cannot be benefited by the use of water for irrigation purposes, and which would lie within any district established under the provisions of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 2(11), p. 526.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-514 - Department, defined.

46-514.
Department, defined.
For purposes of the Reclamation Act, department means the Department of Natural Resources.
Source
Laws 1947, c. 173, § 2(12), p. 526;
Laws 2000, LB 900, § 166.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-515 - Department of Natural Resources; jurisdiction; power; authority.

46-515.
Department of Natural Resources; jurisdiction; power; authority.
The department is hereby vested with jurisdiction, power and authority, when conditions stated in section 46-516 are found to exist, to establish reclamation districts for conserving, developing and stabilizing supplies of water for domestic, irrigation, power, manufacturing and other beneficial uses as herein provided.
Source
Laws 1947, c. 173, § 3, p. 526.
Annotations
This and succeeding fourteen sections provide generally for the organization and establishment of reclamation districts as political corporate quasi-municipal subdivisions of the state. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-517 - Petition; bond; requirements.

46-517.
Petition; bond; requirements.
At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on said petition, a bond shall be filed in the amount of two thousand dollars, with security approved by the department to pay all expenses connected with the proceedings in case the organization of the district be not effected. If at any time during the proceeding the department shall be satisfied that the bond first executed is insufficient in amount, it may require the execution of an additional bond within a time to be fixed at not less than ten days distant. Upon a failure of the petitioner to execute the same, the petition shall be dismissed.
Source
Laws 1947, c. 173, § 5, p. 528.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-518 - Petition; notice of hearing.

46-518.
Petition; notice of hearing.
Immediately after the filing of such petition, the department shall (1) by order fix a place and time, not less than ninety days nor more than one hundred and twenty days after the petition is filed, for hearing thereon, (2) cause notice by publication to be made of the pendency of the petition and of the time and place of hearing thereon, and (3) forthwith cause a copy of said notice to be mailed by either registered or certified mail to the county boards of each of the several counties having territory within the proposed district.
Source
Laws 1947, c. 173, § 6, p. 529;
Laws 1957, c. 242, § 40, p. 853.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-519 - Protest petition; contents.

46-519.
Protest petition; contents.
At any time after the filing of a petition for the organization of a reclamation district and not less than thirty days prior to the time fixed by the order of the department for the hearing upon said petition, and not thereafter, a petition may be filed in the office of the department wherein the proceeding for the creation of said district is pending, signed by not fewer than the owners of thirty percent of the acreage of lands in the district, exclusive of land in cities and villages, who have not signed the petition for creating the district, protesting the creation of the district. The protesting petition shall list each tract or tracts of land and the total acreage of each signer opposite his name.
Source
Laws 1947, c. 173, § 7(1), p. 529.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-520 - Protest petition; disqualification of signer.

46-520.
Protest petition; disqualification of signer.
Any person who signs a petition for creation of a district as the owner of any land shall be disqualified to sign a protest petition.
Source
Laws 1947, c. 173, § 7(2), p. 529.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-521 - Protest petition; when dismissed.

46-521.
Protest petition; when dismissed.
Upon the day set for the hearing upon the original petition, if it shall appear to the department from such evidence as may be adduced by any party in interest, that said protesting petition is not signed by the requisite number of owners of lands, the department shall thereupon dismiss said protesting petition and shall proceed with the original hearing as provided in section 46-525.
Source
Laws 1947, c. 173, § 7(3), p. 529.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-522 - Protest petition; requisite number of signers; dismissal of original petition.

46-522.
Protest petition; requisite number of signers; dismissal of original petition.
If the department shall find from the evidence that said protesting petition is signed by the requisite number of owners of lands, the department shall forthwith dismiss the original petition praying for the creation of the district. The finding of the department upon said question of the genuineness of the signatures, and all matters of law and fact incident to such determination shall be final and conclusive on all parties in interest whether appearing or not.
Source
Laws 1947, c. 173, § 7(4), p. 530.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-523 - Organization; objections.

46-523.
Organization; objections.
Any owner of real property in said proposed district who did not individually sign a petition for the organization of a reclamation district and who desires to object to the organization and incorporation of said district may, on or before the date set for the cause to be heard, file objection to the organization and incorporation of the district.
Source
Laws 1947, c. 173, § 7(5), p. 530.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-524 - Objections; contents; hearing.

46-524.
Objections; contents; hearing.
Such objection shall be limited to a denial of the statements in the petition. It shall be heard by the department without unnecessary delay.
Source
Laws 1947, c. 173, § 7(6), p. 530.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-525 - Hearing; decree; district established.

46-525.
Hearing; decree; district established.
Upon the said hearing, if it shall appear that a petition for the organization of a reclamation district has been signed and presented, as provided in section 46-516, in conformity with sections 46-501 to 46-573, and that the allegations of the petition are true, and that no protesting petition has been filed, or if filed has been dismissed as provided in section 46-521, the department shall, by order duly entered of record, adjudicate all questions of jurisdiction, declare the district organized and give it a corporate name, by which it shall thereafter be known in all proceedings. Thereupon the district shall be a political subdivision of the State of Nebraska and a body corporate with all the powers of a public or municipal corporation.
Source
Laws 1947, c. 173, § 7(7), p. 530.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-526 - Decree; contents; office of the district.

46-526.
Decree; contents; office of the district.
In such decree the department shall designate the place, prayed for in the petition, where the office or principal place of business of the district shall be located, which shall be within the corporate limits of the district. It may be changed by order of the department from time to time, upon the application of the board of directors of said district. The regular meetings of the board shall be held at such office or place of business, but for cause may be adjourned to any convenient place. The official records and files of the district shall be kept at the office so established.
Source
Laws 1947, c. 173, § 7(8), p. 530.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-527 - Petition; dismissal; appeal and writ of error denied.

46-527.
Petition; dismissal; appeal and writ of error denied.
If the department finds that no petition has been signed and presented in conformity with sections 46-501 to 46-573, or that the material facts are not as set forth in the petition filed, it shall dismiss said proceedings and adjudge the costs against the signers of the petition in such proportion as it shall deem just and equitable. No appeal or writ of error shall lie from an order dismissing said proceeding. Nothing herein shall be construed to prevent the filing of a subsequent petition or petitions for similar improvements or for a similar reclamation district, and the right to so renew such proceeding is hereby expressly granted and authorized.
Source
Laws 1947, c. 173, § 7(9), p. 531.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-528 - Decree; district established; appeal.

46-528.
Decree; district established; appeal.
If an order is entered establishing the district, such order shall be deemed final. Any person, firm, or corporation owning real property within any reclamation district, created or established by virtue of the Reclamation Act, feeling himself or herself aggrieved by the establishment of such district, the determination of its boundaries, or the enclosure therein of any of his or her property may appeal the final order of the department adjudging such district to be duly incorporated. The appeal shall be in accordance with the Administrative Procedure Act, except that the appeal shall be to the district court of the county wherein the principal office of the reclamation district is located. If no appeal is taken within the time prescribed in the Administrative Procedure Act, the entry of such final order by the department shall finally and conclusively establish the regular organization of the district against all persons, except the State of Nebraska in an action in the nature of a writ of quo warranto commenced by the Attorney General within three months after the decree declaring such district organized as herein provided and not otherwise. The organization of such districts shall not be directly or collaterally questioned in any suit, action, or proceeding, except as herein expressly authorized.
Source
Laws 1947, c. 173, § 7(10), p. 531;
Laws 1988, LB 352, § 77.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-529 - Decree; filing; fees.

46-529.
Decree; filing; fees.
Within thirty days after the said district has been declared a corporation by the department, such department shall transmit to the Secretary of State and to the county clerk in each of the counties having lands in said district copies of the findings and the decree of the department incorporating said district. The same shall be filed in the office of the Secretary of State, in the same manner as articles of incorporation are now required to be filed under the general laws concerning corporations, and also be filed in the office of the county clerk of each county in which a part of the district is located where they shall become permanent records. The clerk in each county shall receive a fee of one dollar for filing and preserving the same. The Secretary of State shall receive for filing said copies such fees as now are or hereafter may be provided by law for like services in similar cases.
Source
Laws 1947, c. 173, § 8, p. 531.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-530 - Directors; appointment; election; take office, when; qualified electors; candidates.

46-530.
Directors; appointment; election; take office, when; qualified electors; candidates.
Within thirty days after entering the final order establishing the district, the department shall enter an order appointing the board of directors named in the petition in accordance with subsection (5) of section 46-516. After the selection of the original board of directors of a district as provided for in subsection (5) of section 46-516, their successors shall be elected as provided in section 32-516. Elections shall be conducted as provided in the Election Act and shall take office on the first Thursday after the first Tuesday in January next succeeding their election. Qualified electors of the municipality or municipalities within the territory which composes the territory of a district shall be qualified electors of such district. A qualified elector of a subdivision may only cast his or her ballot for a director to be elected from such subdivision.
Source
Laws 1947, c. 173, § 9(1), p. 532;
Laws 1975, LB 453, § 55;
Laws 1994, LB 76, § 556;
Laws 1995, LB 99, § 18.
Cross References
Election Act, see section 32-101.
Annotations
This and succeeding eleven sections provide for election of directors, and define the rights, general powers, and duties of the board of directors. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-534 - Directors; vacancy; filled by board of directors.

46-534.
Directors; vacancy; filled by board of directors.
In addition to the events listed in section 32-560, a vacancy on the board of directors shall exist in the event of (1) removal from any district of a director, (2) removal of a director from a subdivision in which he or she was a director, or (3) elimination or detachment from a district of the part thereof where a director or directors reside. In the event of a vacancy, such vacancy shall be filled by the board of directors. Such appointments shall be in writing and continue for the unexpired term and until a successor is elected and qualified. The written appointment shall be filed with the Secretary of State.
Source
Laws 1947, c. 173, § 9(5), p. 533;
Laws 1957, c. 124, § 20, p. 431;
Laws 1994, LB 76, § 557.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-535 - Directors; bond required.

46-535.
Directors; bond required.
Each director shall furnish a corporate surety bond at the expense of the district in the sum of ten thousand dollars to be approved by the Secretary of State and filed in his office, conditioned for the faithful performance of his duties as such director.
Source
Laws 1947, c. 173, § 9(6), p. 533.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-536 - Directors; oath.

46-536.
Directors; oath.
Each director before entering upon his official duties shall take and subscribe to an oath before an officer authorized to administer oaths, that he will support the Constitutions of the United States and the State of Nebraska, will honestly, faithfully and impartially perform the duties of his office and will not be interested directly or indirectly in any contract let by said district. The oath shall be filed in the office of the department in the original case.
Source
Laws 1947, c. 173, § 10(1), p. 534.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-537 - Directors; chairman; secretary; seal; records.

46-537.
Directors; chairman; secretary; seal; records.
Upon taking the oath, the members of the board shall choose one of their number chairman of the board and president of the district and elect some suitable person secretary of the board and of the district, who may or may not be a member of the board. Such board shall adopt a seal and keep in a well-bound book a record of all of its proceedings, minutes of all meetings, certificates, contracts, bonds given by employees and all corporate acts which shall be open to the inspection of all owners of property in the district, as well as to all other interested parties.
Source
Laws 1947, c. 173, § 10(2), p. 534.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-538 - Directors; compensation; expenses.

46-538.
Directors; compensation; expenses.
Each director shall receive from the board a per diem of not to exceed seventy dollars per day for each day that such director attends a board meeting or is engaged in matters concerning the district, but no director shall receive more than two thousand eight hundred dollars in any one year. Each director shall also be entitled to expenses in the performance of his or her duties as provided in sections 81-1174 to 81-1177.
Source
Laws 1947, c. 173, § 10(3), p. 534;
Laws 1981, LB 204, § 76;
Laws 2001, LB 409, § 1;
Laws 2020, LB381, § 38.
Cross References
Additional expenses, board may reimburse, Local Government Miscellaneous Expenditure Act, see section 13-2203.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-539 - Directors; quorum.

46-539.
Directors; quorum.
A majority of the directors shall constitute a quorum and concurrence of a majority of those in attendance, in any matter within their duties, shall be sufficient for its determination except as otherwise herein provided.
Source
Laws 1947, c. 173, § 11, p. 534.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-540 - Officers and employees; compensation; bond; duties.

46-540.
Officers and employees; compensation; bond; duties.
The secretary shall (1) be custodian of the records of the district and of its corporate seal, (2) assist the board in such particulars as it may direct in the performance of its duties, (3) attest, under the corporate seal of the district, all certified copies of the official records and files of the district that may be required of him by sections 46-501 to 46-573, or by any person ordering the same and paying the reasonable cost of transcription, and any portion of the record so certified and attested shall prima facie import verity, and (4) also serve as treasurer of the district unless a treasurer is otherwise provided for by the board. The board may also employ a chief engineer, an attorney, and such other agents and assistants as may be necessary and provide for their compensation which, with all other necessary expenditures, shall be taken as a part of the cost or maintenance of the improvement. The chief engineer shall be superintendent of all the works and improvements. He shall make a full report to the board each year, or more often if required by the board, and may make such suggestions and recommendations to the board as he may deem proper. The secretary and treasurer, and such other agents or employees of the district as the board may direct, shall furnish corporate surety bonds, at the expense of the district, in such amount and form as may be fixed and approved by the board conditioned for the faithful performance of their respective duties.
Source
Laws 1947, c. 173, § 12, p. 534.
Cross References
Additional expenses, board may reimburse, Local Government Miscellaneous Expenditure Act, see section 13-2203.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-542 - District; levy and collection of taxes; classification of methods.

46-542.
District; levy and collection of taxes; classification of methods.
In addition to the other means of providing revenue for such districts, the board shall have power and authority to levy and collect taxes and special assessments for maintaining and operating such works and paying the obligations and indebtedness of the district by any one or more of the methods or combinations thereof, classified as follows:
Class A. To levy and collect taxes upon the taxable value of the taxable property within the district;
Class B. To levy and collect assessments for special benefits accruing to lands within municipalities for which water service is furnished;
Class C. To levy and collect assessments for special benefits accruing to lands within irrigation districts for which water service is furnished; and
Class D. To levy and collect assessments for special benefits accruing to lands for which water service is furnished.
Source
Laws 1947, c. 173, § 14, p. 538;
Laws 1992, LB 1063, § 38;
Laws 1992, Second Spec. Sess., LB 1, § 38.
Annotations
This and succeeding seventeen sections provide for fiscal management of a reclamation district, and give the board of directors power to levy and collect taxes and special assessments. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-543 - Taxes; levy; Class A; submission to qualified voters of district.

46-543.
Taxes; levy; Class A; submission to qualified voters of district.
To levy and collect taxes under Class A, the board shall, in each year, determine the amount of money necessary to be raised by taxation, taking into consideration other sources of revenue of the district, to supply funds for paying expenses of organization, for surveys and plans, and for paying the cost of constructing, operating, and maintaining the works of the district. The amount shall not exceed three and five-tenths cents on each one hundred dollars prior to the delivery of water from the works and thereafter shall not exceed seven cents on each one hundred dollars of the taxable value of the taxable property within the district, except that in the event of accruing defaults, deficiencies, or defaults and deficiencies, an additional levy may be made as provided in section 46-553.
The board shall, on or before September 30 of each year, certify to the county board of each county within the district or having a portion of its territory within the district the amount so fixed with direction that, at the time and in the manner required by law for levying of taxes for county purposes, such county board shall levy such tax upon the taxable value of the taxable property within the district in addition to such other taxes as may be levied by such county board at the rate required to produce the amount so fixed and determined.
No tax shall be levied and collected under Class A until the proposition of levying taxes has been submitted by a resolution of the board to the qualified electors of the district at an election held for that purpose in the same manner as provided for submission of incurring bonded indebtedness in sections 46-564 to 46-566, and when the proposition has been approved by a majority of the qualified electors of the district voting on the proposition at such election, thereafter the board shall be entitled to certify to the county board the amount of tax to be levied.
Source
Laws 1947, c. 173, § 15(1), p. 539;
Laws 1969, c. 145, § 37, p. 695;
Laws 1979, LB 187, § 172;
Laws 1992, LB 1063, § 39;
Laws 1992, Second Spec. Sess., LB 1, § 39;
Laws 1993, LB 734, § 40;
Laws 1995, LB 452, § 13;
Laws 2021, LB644, § 18.
Cross References
Nebraska Budget Act, see section 13-501.
Annotations
Class A are general taxes, uniformly levied upon all tangible property within the district. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-544 - Special assessments; levy; limitation.

46-544.
Special assessments; levy; limitation.
(1) If the board of a reclamation district determines in any year that there are certain lands within the district, not included within Classes B, C, and D, which receive special direct benefits from recharging of the ground water reservoirs by water originating from district works, the board shall in such year fix an amount to be levied upon the taxable value of the taxable property as a special assessment which in the opinion of the board will compensate the district for the special direct benefits accruing to such property by reason of recharged ground water reservoirs under such land by water originating from the district works. Such amount shall in no case exceed, together with all other amounts levied made under Class A on such land, the sum of fourteen cents on each one hundred dollars of the taxable value of the land. Such owner of lands specially assessed for special direct benefits shall have notice, hearing, and the right of appeal and shall be governed by section 46-554.
(2) The authority provided in this section may not be used if the district has obtained approval to levy fees or assessments pursuant to section 46-2,101.
Source
Laws 1947, c. 173, § 15(2), p. 540;
Laws 1969, c. 145, § 38, p. 696;
Laws 1979, LB 187, § 173;
Laws 1983, LB 198, § 21;
Laws 1992, LB 1063, § 40;
Laws 1992, Second Spec. Sess., LB 1, § 40;
Laws 2015, LB361, § 57.
Cross References
Nebraska Budget Act, see section 13-501.
Annotations
Board of directors of reclamation district may fix rate of levy upon tangible property where direct benefits are received from recharging of ground water reservoirs. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-545 - Special assessments; Class B; water service; petition; contracts.

46-545.
Special assessments; Class B; water service; petition; contracts.
To levy and collect special assessments under Class B as herein provided, the board shall make contracts for water service with each petitioning municipality in the district in the manner hereinafter provided and shall fix and determine the rate or rates per acre-foot and terms at and upon which water service shall be furnished for use by such municipalities;
Provided,
that such rates shall be equitable although not necessarily equal or uniform for like classes of service throughout the district. In the event any city shall desire to obtain water service from the district for domestic or irrigation purposes, the legislative body of such municipality shall by ordinance authorize and direct its mayor and clerk to petition the board for water service upon terms prescribed by the board, which petition shall contain inter alia, the following: (1) Name of municipality; (2) quantity of water to be supplied; (3) the term of years such service is to be supplied; (4) price per acre-foot to be paid for water service; (5) whether payments are to be in cash or annual installments; and (6) an agreement by the municipality to make payments for such water service together with annual maintenance and operating charges and to be bound by the provisions of sections 46-501 to 46-573 and the rules and regulations of the board.
Source
Laws 1947, c. 173, § 16(1), p. 540;
Laws 1951, c. 151, § 3, p. 603.
Annotations
This and two succeeding sections provide as Class B for assessments for special benefits accruing to property within petitioning municipalities for water service contractually furnished by the reclamation district. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-546 - Water service; petition; notice.

46-546.
Water service; petition; notice.
The secretary of the board shall cause notice of the filing of such petition to be given and published once each week two successive weeks in a newspaper published in the county in which said municipality is situated, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board, at a time named in said notice and show cause in writing, if any they have, why the petition should not be granted.
Source
Laws 1947, c. 173, § 16(2), p. 541.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-547 - Water service; petition; hearing; order.

46-547.
Water service; petition; hearing; order.
The board at the time and place mentioned in the notice, or at such time or times to which the hearing of the petition may adjourn, shall proceed to hear the petition and objections thereto presented in writing by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may at its discretion accept or reject the petition. If it deems it is for the best interest of the district that the petition be granted, it shall enter an order granting the petition and from and after such order the municipality shall be deemed to have acquired the water service as set forth in the order. If the petition is granted, the board shall determine the amount of money necessary to be raised by taxation from property within such municipality to pay the annual installments and a fair proportionate amount of estimated operating and maintenance charges for each succeeding year, as provided in the order granting the petition, and prepare a statement showing the tax rate to be applied to all property in such municipality, which rate shall be the rate fixed by resolution of the board modified to the extent necessary to produce from each such municipality only the amount of money apportioned thereto in the resolution, less any amount paid or undertaken to be paid by such municipality in cash or as credited thereto by payments from the general funds of such municipality. Upon receipt by the county board of each county, wherein such municipality is located, of a certified copy of such resolution showing the tax rate to be applied to all property in each municipality and showing the municipalities and the property which is exempt therefrom, if any, it shall be the duty of the county officers to levy and collect such tax in addition to such other tax as may be levied by such county board at the rate so fixed and determined.
Source
Laws 1947, c. 173, § 16(3), p. 541;
Laws 1951, c. 151, § 4, p. 604.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-548 - Special assessments; Class C; water service; petition; contract.

46-548.
Special assessments; Class C; water service; petition; contract.
To levy and collect special assessments upon lands under Class C as herein provided, the board shall make contracts for water service with each of the petitioning irrigation districts within the district in the manner as hereinafter provided and shall fix and determine the rate or rates per acre-foot and terms at and upon which water service shall be supplied to such irrigation district;
Provided,
that such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district. In the event any irrigation district shall desire to obtain the beneficial water service from the district, the board of such irrigation district shall by resolution authorize and direct its president and secretary to petition the board for water service, upon terms prescribed by the board, which petition shall contain inter alia, the following: (1) Name of irrigation district; (2) quantity of water to be furnished; (3) the terms of years such service is to be supplied; (4) price per acre-foot to be paid; (5) whether payments are to be made in cash or annual installments; and (6) an agreement by such irrigation district to make payments for such water service, together with annual maintenance and operating charges, and to be bound by the provisions of sections 46-501 to 46-573 and the rules and regulations of the board.
Source
Laws 1947, c. 173, § 17(1), p. 542;
Laws 1951, c. 151, § 5, p. 605.
Annotations
This and succeeding section provide as Class C for assessments for special benefits to land within petitioning irrigation districts for water services contractually furnished by the reclamation district. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-549 - Water service; petition; notice; hearing; order; assessment; collection.

46-549.
Water service; petition; notice; hearing; order; assessment; collection.
The secretary of the board shall cause notice of the filing of such petition to be given and published, which notice shall state the filing of such petition and give notice to all persons interested to appear at the office of the board at a time named in the notice and show cause in writing, if any they have, why the petition should not be granted. The board at the time and place mentioned in the notice, or at such time or times to which the hearing of the petition may be adjourned, shall proceed to hear the petition and objections thereto presented in writing by any person showing cause as aforesaid why the petition should not be granted. The failure of any person interested to show cause, in writing, as aforesaid, shall be deemed and taken as an assent on his part to the granting of the petition. The board may, at its discretion, accept or reject the petition. If it deems it is for the best interest of the district that the petition shall be granted, it shall enter an order to that effect granting the petition and from and after such order the irrigation district or persons therein shall be deemed to have acquired the water service as set forth in the order. If the petition is granted, the board shall determine the amount of money necessary to be raised by special assessment on lands within such irrigation district and shall certify to the county assessor, or county clerk where he is ex officio county assessor, of the county in which the lands of such irrigation district are located the amount of the assessment, plus a fair proportionate amount of the estimated operating and maintenance charges for each succeeding year on each tract of land and such county assessor shall extend the amount of such special assessment, plus the operating and maintenance charges, on the tax roll as a special assessment against the lands upon which the special assessment is made. Such assessment shall be paid and collected in equal annual installments over the period of years such water service is petitioned for as set forth in this section. If subdistrict or subdistricts are organized as herein provided, assessments of special benefits shall be made, spread on the tax rolls and collected in the same manner as herein provided in the case of irrigation districts.
Source
Laws 1947, c. 173, § 17(2), p. 543;
Laws 1951, c. 151, § 6, p. 605.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-550 - Special assessments; Class D; water service; petition; contract.

46-550.
Special assessments; Class D; water service; petition; contract.
To levy and collect special assessments upon lands under Class D as herein provided, the board shall make contracts for water service with petitioning owners of lands in the district, upon which water can be beneficially used in the manner as hereinafter provided, and shall fix and determine the rate or rates per acre-foot and the terms at and upon which water service shall be furnished for use on the lands. In the event that any person or private corporation shall elect to purchase, lease, or otherwise obtain water service from the district for irrigation of lands, such person or corporation shall petition for water service upon terms prescribed by the board, which petition shall contain inter alia, the following: (1) Name of applicant; (2) quantity of water to be furnished; (3) the term of years such service is to be supplied; (4) description of lands upon which the water will be used and attached; (5) price per acre-foot to be paid; (6) whether payment will be made in cash or annual installments; and (7) an agreement that the annual installments and the charges for maintenance and operating shall become a tax lien upon the lands for which such water is furnished and to be bound by the provisions of sections 46-501 to 46-573 and the rules and regulations of the board.
Source
Laws 1947, c. 173, § 18(1), p. 544;
Laws 1951, c. 151, § 7, p. 606.
Annotations
This and two succeeding sections provide as Class D for assessments for special benefits accruing to lands for which water service may be contractually furnished by the reclamation district to petitioning individual owners of lands for irrigation purposes. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).