reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-551 - Water service; petition; order; contents.

46-551.
Water service; petition; order; contents.
The board may, in its discretion, accept or reject the said petition. If it deems it for the best interest of the district that said petition be granted, it shall enter an order granting the said petition and from and after such order, the said petitioner shall be deemed to have agreed to the acquiring of water service under the terms set forth in said petition and order. Such order shall provide for payment on the basis of rate per acre-foot of water service contracted for said lands within the district;
Provided,
that the board may divide the district into units and fix a different rate per acre-foot of water in the respective units;
and provided further,
that such rates shall be equitable although not necessarily equal or uniform for like classes of services throughout the district.
Source
Laws 1947, c. 173, § 18(2), p. 544.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-552 - Water service; petition; notice; hearing; order.

46-552.
Water service; petition; notice; hearing; order.
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 said notice, or at such time or times to which the hearing on 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 petitioner or persons interested therein shall be deemed to have acquired the water service as set forth in the order. If such petition is granted, the board shall cause a certified copy of the order granting the petition to be recorded in the county in which the lands are located and thereafter, the annual installments and annual operating and maintenance charges shall be a perpetual tax lien upon such lands. The board shall certify to the county assessor, or county clerk acting as ex officio county assessor, of the county within the district in which such lands are located the amount of the annual installments, plus a fair proportionate amount of the estimated operating and maintenance charges apportioned to the lands for the term of years such service is to be supplied, and such county assessor shall extend the amount so certified on the tax roll as a flat special assessment against the lands for which such water is petitioned and allotted.
Source
Laws 1947, c. 173, § 18(3), p. 545;
Laws 1951, c. 151, § 8, p. 607.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-553 - Annual assessments; levy; limitations; additional levy.

46-553.
Annual assessments; levy; limitations; additional levy.
The board in making the annual assessments and levies as provided in the Reclamation Act shall take into account the maturing indebtedness for the ensuing year as provided in its contracts, the maturing of bonds and interest on all bonds, and deficiencies and defaults of prior years and shall make ample provision for the payment thereof. In case the proceeds of such levies and assessments made under the act, together with all revenue of the district, are not sufficient to maintain and operate the works of the district and to punctually pay the annual installments on its contracts, bonds, or contracts and bonds and interest thereon and to pay defaults and deficiencies, then the board shall make such additional levies of taxes, assessments, or taxes and assessments as may be necessary for such purposes and notwithstanding any limitations by contract, order, tax lien, or otherwise. Such taxes and assessments shall be made and continue until the indebtedness of the district is fully paid. The amount of such additional levies of taxes under Class A as provided in section 46-542 shall not in any one year exceed an amount that would be raised by a levy of three and five-tenths cents on each one hundred dollars against the taxable value of such property as fixed for general tax purposes. The levies for defaults and deficiencies shall not at any time be so made as to impose upon Class A as provided in section 46-542 payments in excess of twenty-five percent of the anticipated revenue from all sources to be raised for the specific purpose of payment of existing defaults and deficiencies. In making such additional levies, assessments, or levies and assessments, the board shall take into account all sources of revenue and equitably distribute the burden of such defaults and deficiencies according to the uses and benefits as provided in the act.
Source
Laws 1947, c. 173, § 19, p. 546;
Laws 1951, c. 151, § 9, p. 608;
Laws 1979, LB 187, § 174;
Laws 1992, LB 719A, § 152.
Annotations
An additional levy of taxes is authorized by this section. 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 › 46-555 - Taxes; levy; lien; collection.

46-555.
Taxes; levy; lien; collection.
It shall be the duty of the officer or body having authority to levy taxes within each county, city and county, or village, to levy the taxes and special assessments as provided in sections 46-501 to 46-573 and it shall be the duty of all county, or city and county officials, charged with the duty of collecting taxes, to collect such taxes and special assessments in the time, form and manner and with like interest and penalties as county or city and county taxes are collected and when collected to pay the same to the district ordering its levy or collection. The payment of such collections shall be made through the secretary of the district and paid into the depository thereof to the credit of the district. All taxes and assessments made under sections 46-501 to 46-573 together with all interest thereon and penalties for default in payment thereof, and all costs in collecting the same, shall until paid constitute a perpetual lien on a parity with the tax lien of general, state, county, city, village or school taxes and no sale of such property to enforce any general, state, county, city, village or school tax or other liens, shall extinguish the perpetual lien of such taxes and assessments.
Source
Laws 1947, c. 173, § 21, p. 548.
Cross References
Property tax liens, penalties, and interest, see sections 77-203 to 77-209.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-556 - Taxes; levy; delinquent; sale.

46-556.
Taxes; levy; delinquent; sale.
If the taxes, assessments, or taxes and assessments, levied are not paid when due as herein provided, then the real property shall be sold at the regular tax sale for the payment of the taxes and assessments, interest, and penalties, in the manner provided by the statutes of the State of Nebraska for selling property for payment of general taxes. If there are no bids at the tax sale for the property so offered under Class A and Class B, the property shall be struck off to the county, and the county shall account to the district in the same manner as provided by law for accounting for school, village, and city taxes. If there are no bids for the property so offered under Class C and Class D, the property shall be struck off to the district and the tax certificate shall be issued in the name of the district and the board shall have the same power with reference to sale of the tax certificate, as now is vested in a county board and a county treasurer when property is struck off to the counties.
Source
Laws 1947, c. 173, § 22, p. 549;
Laws 1951, c. 151, § 11, p. 611.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-557 - Taxes; levy; political subdivisions; exemption.

46-557.
Taxes; levy; political subdivisions; exemption.
All property of whatever kind and nature owned by the state and by villages, cities, school districts, drainage districts, irrigation districts, park districts, water districts, or any other governmental agency or agencies within the said reclamation district, shall be exempt from assessment and levy by the board as provided by sections 46-501 to 46-573 for the purposes herein contained.
Source
Laws 1947, c. 173, § 23, p. 549.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-558 - Water; contract; security for payment.

46-558.
Water; contract; security for payment.
The board may enter into contracts for water service with persons, mutual ditch companies, water users' associations and other private corporations for irrigation or commercial use as shall be provided by contracts in writing authorized and entered into by the board; and the board shall require that security be given to secure the payments to be made under such contract or contracts.
Source
Laws 1947, c. 173, § 24, p. 549.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-559 - District; indebtedness; levy of assessments.

46-559.
District; indebtedness; levy of assessments.
Whenever a contract of indebtedness has been created by the district, it shall be lawful for the board to make the levy of taxes and special assessments in such amount as will create a surplus of funds to meet the annual installments of indebtedness or the payment of bonds and interest, and the necessary maintenance and operating charges, and the board shall cause such surplus funds to be placed in a sinking fund which may be used for the payments of contingencies, defaults and delinquencies, and to pay the future annual installments of indebtedness on contract, bonds, or contract and bonds, and interest.
Source
Laws 1947, c. 173, § 25, p. 550;
Laws 1951, c. 151, § 12, p. 611.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-560 - Directors; board; powers.

46-560.
Directors; board; powers.
The board shall have the following powers concerning the management, control, delivery, use and distribution of water by the district, to wit:
(1) To make and enforce all reasonable rules and regulations for the management, control, delivery, use and distribution of water;
(2) To withhold the delivery of water upon which there are any defaults or delinquencies of payment;
(3) To provide for and declare forfeitures of contracts for water service upon default or failure to comply with any order, contract or agreement for service;
(4) To provide for and grant the right, upon terms, to transfer water service from lands to which water service has been furnished to other lands within the district and to discharge liens from lands to which same was theretofore attached and to create liens, as provided in sections 46-501 to 46-573, upon lands to which the use of such water service is transferred.
Source
Laws 1947, c. 173, § 26, p. 550.
Annotations
This section confers upon the board of directors certain defined powers concerning the management, control, delivery, use, and distribution of water 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 › 46-561 - District; boundaries; change.

46-561.
District; boundaries; change.
The boundaries of any district organized under the provisions of sections 46-501 to 46-573 may be changed in the manner herein prescribed, but the changes of boundaries of the district shall not impair or affect its organization, its right in or to property, or any of its rights or privileges whatsoever and shall not affect, impair, or discharge any contract, obligation, lien, or charge for or upon which it might be liable or chargeable had such change of boundaries not been made. The owners of lands may file with the board a petition, in writing, asking that such lands be included in the district. The petition shall describe the tracts or body of land owned by the petitioners. It shall be deemed to give assent by the petitioners to the inclusion in the district of the lands described in the petition. The petition shall be acknowledged in the same manner that conveyances of land are required to be acknowledged. The secretary of the board shall cause notice of the filing of such petition to be given and published in the county in which the lands are situated, which notice shall state the filing of such petition, names of petitioners, descriptions of lands mentioned, and the prayer of the petitioners and give notice to all persons interested to appear at the office of the board at the time named in the notice and show cause in writing, if any, why the petition should not be granted. The board shall at the time and place mentioned or at such time or times to which the hearing may be adjourned proceed to hear the petition and all objections presented in writing by any person showing cause why the petition should not be granted. The failure of any person interested to show cause in writing shall be deemed and held and taken as an assent on his or her part to the inclusion of such lands in the district as prayed for in the petition. If the petition is granted, the board shall make an order to that effect.
Source
Laws 1947, c. 173, § 27, p. 550;
Laws 1951, c. 151, § 13, p. 612;
Laws 1999, LB 103, § 3.
Annotations
This section provides a procedure by petition, notice, and hearing, for including lands within the district which were not included at the time of organization. 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 › 46-563 - Construction, operation, and maintenance; contract with federal government for payment; bonds; term; execution; interest; exempt from taxes.

46-563.
Construction, operation, and maintenance; contract with federal government for payment; bonds; term; execution; interest; exempt from taxes.
To pay for construction, operation and maintenance of said works and expenses preliminary and incidental thereto, the board is hereby authorized to enter into contract with the United States or any agency thereof, providing for payment in installments or to issue negotiable bonds of the district. If bonds are authorized, the same shall bear interest payable semiannually, and shall be due and payable not less than ten nor more than fifty years from their dates. The form, terms and provisions of said bonds, provisions for their payment and conditions for their retirement and calling, not inconsistent with law, shall be determined by the board and they shall be issued as hereinafter provided in payment of the works, equipment, expenses and interest during the period of construction. Said bonds shall be executed in the name of and on behalf of the district and signed by the president of the board with the seal of the district affixed thereto and attested by the secretary of the board. They shall be in such denominations as the board shall determine and be payable to bearer and may be registered in the office of the county treasurer of the county wherein the organization of the district has been effected, with the interest coupons payable to bearer, which shall bear the facsimile signature of the president of the board. Such bonds shall be exempt from all state, county, municipal, school and other taxes imposed by any taxing authority of the State of Nebraska and shall not be sold at less than par and accrued interest.
Source
Laws 1947, c. 173, § 29, p. 552;
Laws 1969, c. 51, § 115, p. 344.
Annotations
This and succeeding four sections authorize the district to acquire, construct, or maintain sources of water supply or other improvements and to issue bonds. 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 › 46-565 - Bonded indebtedness; election; notice.

46-565.
Bonded indebtedness; election; notice.
The resolution provided in section 46-564 shall be published once a week two consecutive weeks, the last publication of which shall be at least ten days prior to the date set for said election, in a newspaper of general circulation printed and published within the district, and no other or further notice of such election or publication of the names of election officers or of the precincts or polling places need be given or made.
Source
Laws 1947, c. 173, § 31, p. 555.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-566 - Bonded indebtedness; election; conduct; proclamation.

46-566.
Bonded indebtedness; election; conduct; proclamation.
The respective election boards shall conduct the election in their respective precincts in the manner prescribed by law for the holding of general elections, and shall make their returns to the secretary of the district. At any regular or special meeting of the board held not earlier than five days following the date of such election, the returns thereof shall be canvassed and the results thereof declared. In the event that any election held hereunder shall be consolidated with any primary or general election, the returns thereof shall be made and canvassed at the time and in the manner provided by law for the canvass of the returns of such primary or general election. It shall be the duty of such canvassing body or bodies to promptly certify and transmit to the board a statement of the result of the vote upon the proposition submitted hereunder. Upon receipt of such certificate, it shall be the duty of the board to tabulate and declare the results of the election held hereunder.
Source
Laws 1947, c. 173, § 32, p. 555.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567 - Bonded indebtedness; bonds; issuance; sale.

46-567.
Bonded indebtedness; bonds; issuance; sale.
In the event that it shall appear from said returns that a majority of said qualified electors of the district who shall have voted on any proposition submitted hereunder at such election voted in favor of such proposition, the district shall thereupon be authorized to incur such indebtedness or obligations, enter into such contract, and issue and sell such bonds of the district, all for the purpose or purposes and object or objects provided for in the proposition submitted hereunder and in the resolution therefor, and in the amount so provided and at a rate of interest not exceeding the rate of interest recited in such resolution. Submission of the proposition of incurring such obligation or bonded or other indebtedness at such an election shall not prevent or prohibit submission of the same or other propositions at subsequent election or elections called for such purpose.
Source
Laws 1947, c. 173, § 33, p. 555.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.01 - Revenue bonds; interest; issuance; sale.

46-567.01.
Revenue bonds; interest; issuance; sale.
In addition to the authority to issue bonds provided by sections 46-563 to 46-567, the board is hereby authorized to issue revenue bonds for any corporate purpose for the payment of which the board is authorized to pledge only the revenue, income, receipts, and profits derived by the district from the sale of power and energy, water for domestic and irrigation uses, and assessments for special benefits authorized under Classes B, C, and D, and money received for all other services, furnished, sold, or supplied by the district. The district shall not pledge to the payment of bonds authorized under this section any taxes levied as Class A under the authority of section 46-543 or under any sections therein referred to, and no bonds shall be issued under the provisions of this section unless authorized by an election as provided in section 46-564. Such bonds shall bear such rate or rates of interest as shall be determined by the board, and such bonds shall be due and payable in not more than fifty years from the date thereof. The form, terms, and provisions of the bonds for the redemption of the bonds prior to maturity, with or without premiums, not inconsistent with the law, shall be determined by the board. The bonds shall be executed in the name of and on behalf of the district and signed by the president of the board with the seal of the district affixed thereto, attested by the secretary of the board, and they shall be in such denominations as the board shall determine, and payable to bearer, or registered as to principal only, or as to principal and interest, as the board shall determine, and the bonds shall be registered in the office of the county treasurer in the county wherein the main office of the district is located. The coupons attached to the bonds shall be executed with the facsimile signature of the president of the board. The bonds and the interest thereon shall be exempt from all state, county, municipal, school, and other taxes imposed by any taxing authority of the State of Nebraska.
Source
Laws 1951, c. 151, § 14, p. 613;
Laws 1969, c. 385, § 2, p. 1354;
Laws 1969, c. 51, § 116, p. 344.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.02 - Revenue bonds; rates; charges; purpose.

46-567.02.
Revenue bonds; rates; charges; purpose.
Whenever revenue bonds have been authorized and issued under the provisions of section 46-567.01, the board is hereby authorized and directed to fix rates and charges for the sale of power and energy, water for domestic and irrigation uses and all other services furnished, sold, or supplied by the district, and Class B, C, and D assessments, which shall be fair and equitable and which shall be sufficient, together with other revenue, taxes, and assessments of the district, to pay the proper operation and maintenance cost of the works of the district, and to provide proper renewals and replacements thereof and extensions thereto, and to pay the principal of and interest on such bonds, as the same become due, including reasonable reserves for all of the purposes, and the board is further authorized to pledge all or any part of the revenue and assessments, except taxes levied as Class A to the payment of such bonds, notes, or other evidences of indebtedness under such terms and conditions as may seem desirable to the board. All provisions contained in any resolution authorizing the issuance of such bonds providing for the establishment of such rates and charges and the levying of such assessments, and for the collection, deposit, and disbursement of the money of the district from whatever source derived, which are designed for the protection, safeguard, and security of such bonds, and the rights of the holders thereof shall constitute a contract between the district and bondholders, and the provisions thereof and the provisions of sections 46-567.01 to 46-567.06 shall be enforceable by any bondholder by mandamus or any other appropriate suit or action in any court of competent jurisdiction against the board and the officers of the district. The district may also covenant with the holders of the bonds from time to time with respect to limitations upon the right to dispose of any of the works of the district without providing for the payment of bonds, and limitations upon the issuance of additional bonds, and concerning the appointment of trustees, depositories, and paying agents to receive, hold, deposit, invest, and reinvest all or any part of the income, revenue, receipts, profits, and assessments derived by the district, pursuant to sections 46-567.01 to 46-567.06.
Source
Laws 1951, c. 151, § 15, p. 614.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.03 - Revenue bonds; registration; effect.

46-567.03.
Revenue bonds; registration; effect.
All bonds issued pursuant to the provisions of sections 46-567.01 to 46-567.06 and registered by the county treasurer, provided in section 46-567.01, shall bear a certificate evidencing such registration endorsed thereon. It shall be signed by the county treasurer or a deputy and sealed with the seal of his office. All bonds, after having been registered and bearing such certificate, shall be held in every action, suit, or proceeding in which their validity is or may be brought into question prima facie valid and binding obligations of the district in accordance with their terms, notwithstanding any defects or irregularities in the proceedings for the organization of the district and the election of the directors thereof or for the authorization and issuance of such bonds or in the sale, execution, or delivery thereof.
Source
Laws 1951, c. 151, § 16, p. 615.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.04 - Revenue bonds; negotiable instruments; authorized investments.

46-567.04.
Revenue bonds; negotiable instruments; authorized investments.
All bonds issued under the authority of sections 46-567.01 to 46-567.06 are hereby declared to be negotiable instruments under the law merchant and are hereby made securities in which all state and municipal officers and bodies, all banks, bankers, trust companies, savings banks, savings and loan associations, investment companies, and other persons carrying on a banking business, all insurance companies, insurance associations and societies, and other persons carrying on an insurance business, and all administrators, executors, guardians, trustees and other fiduciaries, and all other persons whatsoever who are now or may hereafter be authorized to invest in bonds or other obligations of the state, may properly and legally invest any funds, including capital, belonging to them or within their control; and the bonds are hereby made securities which may properly and legally be deposited with and shall be received by any municipal officer or agency for any purpose for which the deposit of bonds or other obligations of this state is now or may hereafter be authorized.
Source
Laws 1951, c. 151, § 17, p. 615.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.05 - Districts organized; elections held; proceedings of directors; taxes levied; validated.

46-567.05.
Districts organized; elections held; proceedings of directors; taxes levied; validated.
All districts heretofore organized under the authority of Chapter 46, article 5, Revised Statutes Supplement, 1949, and all elections and proceedings heretofore held and taken by the boards of directors of the districts, including the levy of taxes pursuant to the provisions hereof, be and the same are hereby ratified, validated and confirmed.
Source
Laws 1951, c. 151, § 18, p. 615.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-567.06 - District; levy of taxes; Class A; issuance of warrants; interest; limitation.

46-567.06.
District; levy of taxes; Class A; issuance of warrants; interest; limitation.
Whenever a district has been authorized to levy Class A taxes, the board may borrow money in anticipation of the collection of such taxes for which a levy has been made to the extent of ninety percent thereof, and may issue negotiable warrants to evidence such loans payable in not more than twelve months from the date thereof, and bearing interest at a rate not to exceed six percent per annum. Such warrants may be issued and sold in such manner as the board may determine.
Source
Laws 1951, c. 151, § 19, p. 616.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-569 - Notice; defective; effect.

46-569.
Notice; defective; effect.
In any and every case where a notice is provided for in sections 46-501 to 46-573, if the court finds for any reason that due notice was not given, the court shall not thereby lose jurisdiction, and the proceeding in question shall not thereby be void or be abated, but the court shall in that case order due notice to be given, and shall continue the hearing until such time as notice shall be properly given, and thereupon shall proceed as though notice had been properly given in the first instance.
Source
Laws 1947, c. 173, § 35, p. 557.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-570 - Organization; validity; hearing.

46-570.
Organization; validity; hearing.
All cases in which there may arise a question of the validity of the organization of a reclamation district, or a question of the validity of any proceeding under sections 46-501 to 46-573 shall be advanced as a matter of immediate public interest and concern, and heard at the earliest practicable moment. The courts shall be open at all times for the purposes of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 36, p. 557.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-571 - Sections, how construed.

46-571.
Sections, how construed.
Sections 46-501 to 46-573, being necessary to secure and preserve the public health, safety, convenience and welfare, and for the security of public and private property, shall be liberally construed to effect the purposes of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 37, p. 557.
Annotations
This section provides a construction clause. 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 › 46-572 - Sections; severability; validity.

46-572.
Sections; severability; validity.
Should the courts of the state or of the United States declare any section, provision, paragraph, clause, sentence, phrase, or part thereof, of sections 46-501 to 46-573 invalid or unconstitutional, or in conflict with any other section, provision, paragraph, clause, sentence, phrase, or part thereof, declared to be unconstitutional or unauthorized, the same shall not affect any other part whatsoever of sections 46-501 to 46-573. The Legislature hereby declares that it would have passed sections 46-501 to 46-573 and each section, provision, paragraph, clause, sentence, or phrase hereof irrespective of the fact that any one or more of the other sections, provisions, paragraphs, clauses, sentences, or phrases, or parts thereof, be declared invalid or unconstitutional.
Source
Laws 1947, c. 173, § 38, p. 557.
Annotations
This section provides an all-inclusive saving clause. 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 › 46-573 - District; laws applicable.

46-573.
District; laws applicable.
All power plants and systems and all irrigation works constructed or otherwise acquired or used or operated by any reclamation district under the provisions of sections 46-501 to 46-573 or proposed by such districts to be so constructed, acquired, owned, used or operated, are hereby declared to be works of internal improvement. All laws applicable to works of internal improvement and all provisions of law now applicable to electric light and power corporations or to irrigation districts or to privately owned irrigation corporations as regards the power of eminent domain, the use and occupation of state and other public lands and highways, the appropriation or other acquisition or use of water, water power, water rights, or storage rights for any of the purposes contemplated in said sections, the manner or method of construction, physical operation of power plants, systems, transmission lines, and irrigation works, as herein contemplated, shall be applicable as nearly as may be to districts organized under sections 46-501 to 46-573 and in performance of the duties conferred or imposed upon them under the provisions of sections 46-501 to 46-573.
Source
Laws 1947, c. 173, § 39, p. 558.
Annotations
This section provides that all works constructed or acquired shall be works of internal improvement, and authorizes the exercise of the power of eminent domain. 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 › 46-574 - Boundaries; change; no impairment of rights; petition; contents.

46-574.
Boundaries; change; no impairment of rights; petition; contents.
The boundaries of any reclamation district now or hereafter organized under Chapter 46, article 5, may be changed and tracts of land included within the boundaries of such district in the manner prescribed by sections 46-574 to 46-584, but the changes of boundaries of the district shall not impair its organization or its rights in or to property or any of its rights or privileges of whatever kind or nature nor shall it impair or discharge any contract, obligation, lien, or charge for or upon which it was or might become liable or chargeable had such annexation and change of boundaries not been made. Before any tracts of land can be annexed and included in such district, a petition shall be filed with the board of directors of the district to which annexation is desired signed by the owners of not less than fifty-one percent of the acreage of lands in the tract or tracts of land to be annexed and included in such district, exclusive of land in cities and villages, and each tract or tracts of land and the total acreage shall be listed opposite the name of the signer. A signing petitioner shall not be permitted after the filing of the petition to withdraw his or her name therefrom. The petition shall set forth:
(1) The name of the district to which the annexation and inclusion shall be made;
(2) That property within the boundaries of the area proposed to be annexed to the district will be benefited by the accomplishment of the purposes enumerated in section 46-515;
(3) A general description of the purpose of the contemplated improvement and of the territory to be included in the tract or tracts of land, which description need not be given by metes and bounds or by legal subdivision, but it shall be sufficient to enable a property owner to ascertain whether the property is within the territory proposed to be annexed and included in such district;
(4) The taxable value of all irrigable land within the boundaries of the tract or tracts of land to be annexed and included in such district;
(5) A general description of the proposed tract or tracts of land and the division or divisions of such district to which the tract or tracts of land will be included; and
(6) A prayer for the annexation and inclusion of the tract or tracts by the signing petitioner or petitioners.
Source
Laws 1951, c. 147, § 1, p. 589;
Laws 1979, LB 187, § 175;
Laws 1992, LB 719A, § 153.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-575 - Boundaries; change; petition; bond.

46-575.
Boundaries; change; petition; bond.
At the time of filing the petition or at any time subsequent thereto, and prior to the time of hearing on the petition, a bond shall be filed in the amount of two thousand dollars, with security approved by the board of directors of such district to pay all expenses connected with the proceedings in case the annexation of said area to such district be not effected. If at any time during the proceeding the board of directors 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 1951, c. 147, § 2, p. 590.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-576 - Boundaries; change; petition; board of directors; fix time and place of hearing.

46-576.
Boundaries; change; petition; board of directors; fix time and place of hearing.
Immediately after the filing of the petition as provided in section 46-575, the board of directors of such district shall (1) by order fix a place and time, not less than ninety days nor more than one hundred 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 the notice to be mailed by certified or registered mail to the county boards of each of the several counties having territory within the tract or tracts of land proposed to be annexed.
Source
Laws 1951, c. 147, § 3, p. 591;
Laws 1987, LB 93, § 13.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-577 - Boundaries; change; protesting petition; requirements.

46-577.
Boundaries; change; protesting petition; requirements.
At any time after the filing of a petition for the annexation of any tract or tracts of land to an existing reclamation district and not less than thirty days prior to the time fixed by the order of the board of directors of such district for the hearing upon said petition, and not thereafter, a petition may be filed with the board of directors of such district wherein the proceedings for the annexation of any tract or tracts of land to such district is pending, signed by not less than the owners of fifty-one percent of the acreage of lands in the tract or tracts of land to be annexed to such district, exclusive of land in cities and villages, who have not signed the petition for the annexation of a tract or tracts of land to such district, protesting the annexation of such tract or tracts of land to such district. The protesting petition shall list each tract or tracts of land and the total acreage of each signer opposite his name.
Source
Laws 1951, c. 147, § 4, p. 591.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-578 - Boundaries; change; protest petition; disqualification of signer.

46-578.
Boundaries; change; protest petition; disqualification of signer.
Any person who signs a petition for the annexation of any tract or tracts of land to such district as the owner of any land shall be disqualified to sign a protest petition.
Source
Laws 1951, c. 147, § 5, p. 591.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-579 - Boundaries; change; protest petition; when dismissed.

46-579.
Boundaries; change; protest petition; when dismissed.
Upon the day set for the hearing upon the original petition for the annexation of any tract or tracts of land to such district, if it shall appear to the board of directors of such district from such evidence as may be adduced by any party in interest, that the protesting petition is not signed by the requisite number of owners of lands, the board of directors of such district shall thereupon dismiss said protesting petition and shall proceed with the original hearing as provided in section 46-525.
Source
Laws 1951, c. 147, § 6, p. 591.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-580 - Boundaries; change; protest petition; requisite number of signers; dismissal of original petition.

46-580.
Boundaries; change; protest petition; requisite number of signers; dismissal of original petition.
If the board of directors of such district shall find from the evidence that the protesting petition is signed by the requisite number of owners of lands, the board of directors of such district shall forthwith dismiss the original petition praying for the annexation of the tract or tracts of land to be annexed and included in such district. The finding of the board of directors of such district 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 1951, c. 147, § 7, p. 592.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-581 - Boundaries; change; objections.

46-581.
Boundaries; change; objections.
Any owner of real property in the tract or tracts of land to be annexed to such district who did not individually sign a petition for the annexation of the tract or tracts of land to such district and who desires to object to the annexation of the tract or tracts of land to such district may, on or before the date set for the cause to be heard, file objection to the annexation to and incorporation of the tract or tracts of land to such district.
Source
Laws 1951, c. 147, § 8, p. 592.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-584 - Boundaries; change; decree; determination; directors; terms of office.

46-584.
Boundaries; change; decree; determination; directors; terms of office.
Upon the entry of the final order as mentioned in section 46-583, and as soon thereafter as is practical, the board of directors of such district may determine the boundaries of each or of all the subdivisions, and make such adjustments and changes in the boundaries of such subdivisions as are necessary;
Provided,
if adjustments and changes of boundaries in each or all of the subdivisions are made, the directors shall be divided as nearly as possible into three equal groups, the members of the first group to hold office for the remainder of the term for which they were elected and until their successors have been elected at the first general election thereafter and shall have qualified, the members of the second group to hold office for the remainder of the term for which they were elected and until their successors have been elected at the second general state election thereafter and shall have qualified, and the members of the third group to hold office for the remainder of the term for which they were elected and until their successors have been elected at the third general state election thereafter and have been qualified. When the terms of the members of the three respective groups expire, their respective successors shall each be elected for a term of six years, and the terms of all elected successors thereafter shall be six years.
Source
Laws 1951, c. 147, § 11, p. 594.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-585 - Fiscal year, defined; audit; Auditor of Public Accounts; form; prescribe; filing; time.

46-585.
Fiscal year, defined; audit; Auditor of Public Accounts; form; prescribe; filing; time.
The fiscal year of a reclamation district shall coincide with the calendar year. The board of directors, at the close of each year's business, shall cause an audit of the books, records and financial affairs of the district to be made by a certified public accountant or firm of such accountants, who shall be selected by the district, subject to the approval of the Auditor of Public Accounts. The audit shall be in a form prescribed by the auditor, and shall contain and show the items set forth in section 46-586. When the audit has been examined and approved by the auditor, written copies thereof shall be placed and kept on file at the principal place of business of the district, and shall be filed with the Auditor of Public Accounts within one hundred and twenty days after December 31 of each year.
Source
Laws 1965, c. 269, § 1, p. 769.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-586 - Audit; contents.

46-586.
Audit; contents.
In each reclamation district in Nebraska, the Auditor of Public Accounts shall cause the books of account kept by the board of directors of such districts to be examined and audited. Such audits shall show (1) the gross income from all sources of the district for the year previous; (2) the gross amount of electrical energy supplied by said district; (3) the amount expended during the previous year for maintenance; (4) the amount expended during the previous year for plant investments; (5) the amount of depreciation of the plant during the previous year; (6) the cost of supplying electrical energy, including production cost, transmission cost and distribution cost; (7) the number of employees as of December 31 of each year; (8) the salaries and expenses paid employees and directors; and (9) all other facts necessary to give an accurate and comprehensive view of the cost of maintaining and operating the plant as well as the district.
Source
Laws 1965, c. 269, § 2, p. 769.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-587 - Audit; information made available.

46-587.
Audit; information made available.
The audit and report shall be made at the close of the fiscal year. The person making the examination and audit shall have access to all books, records, vouchers, papers, contracts or other data containing information on said subject (1) in the office of the reclamation district, (2) in the office of the general manager of the district, or (3) in the possession or under the control of any of the officers, agents or servants of the district. It is hereby made the duty of all officers, agents and servants of the reclamation district to furnish to the Auditor of Public Accounts, his agents, servants and employees, such information regarding the auditing of such reclamation districts as may be demanded.
Source
Laws 1965, c. 269, § 3, p. 770.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-601 - Ground water; declaration of policy.

46-601.
Ground water; declaration of policy.
The Legislature finds, recognizes, and declares that the conservation of ground water and the beneficial use thereof are essential to the future well-being of this state. Complete information as to the occurrence and the use of ground water in the state is essential to the development of a sound ground water policy. The registration of all water wells in this state should be required.
Source
Laws 1957, c. 200, § 1, p. 702;
Laws 1967, c. 281, § 1, p. 760;
Laws 1993, LB 131, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-601.01 - Terms, defined.

46-601.01.
Terms, defined.
For purposes of Chapter 46, article 6:
(1)(a) Water well means any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information, or extracting water from or injecting fluid as defined in section 81-1502 into the underground water reservoir.
(b) Water well includes any excavation made for any purpose if ground water flows into the excavation under natural pressure and a pump or other device is placed in the excavation for the purpose of withdrawing water from the excavation for irrigation. For such excavations, construction means placing a pump or other device into the excavation for the purpose of withdrawing water for irrigation.
(c) Water well does not include (i) any excavation made for obtaining or prospecting for oil or natural gas or for inserting media to repressure oil or natural gas bearing formations regulated by the Nebraska Oil and Gas Conservation Commission or (ii) any structure requiring a permit by the Department of Natural Resources used to exercise surface water appropriation; and
(2) Common carrier means any carrier of water including a pipe, canal, ditch, or other means of piping or adjoining water for irrigation purposes.
Source
Laws 1993, LB 131, § 2;
Laws 1999, LB 92, § 1;
Laws 2004, LB 962, § 34;
Laws 2007, LB701, § 17.
Cross References
For additional definitions, see section 46-706.