reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-226.01 - Application for recognition of incidental underground water storage; procedure.

46-226.01.
Application for recognition of incidental underground water storage; procedure.
Any person having an approved perfected appropriation may file with the department an application for recognition of incidental underground water storage associated with such appropriation on a form prescribed and furnished by the department without cost. Upon receipt of an application, the department shall proceed in accordance with rules and regulations adopted and promulgated by the department.
Source
Laws 1983, LB 198, § 5;
Laws 1985, LB 488, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-226.02 - Application; director; approval; conditions.

46-226.02.
Application; director; approval; conditions.
(1) The director may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions:
(a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the application is filed;
(b) If the water stored or to be stored underground will be used for irrigation purposes, the director may approve the service of additional amounts of land or different lands not identified to be served with facilities included under the original appropriation, if the director determines that the change is in the public interest, and that any interference with the rights of senior appropriators as a result of such change is unavoidable and not material;
(c) The priority date shall remain the same as that of the original appropriation; and
(d) When the application is for recognition of incidental underground water storage, such stored water is being withdrawn or is otherwise being used for beneficial purposes.
(2) For an application filed pursuant to section 46-226.01, the burden shall be on the applicant to prove that underground water storage has occurred.
(3) The director may grant the application in a modified or reduced form, if required by the public interest, and may impose such other reasonable conditions as deemed appropriate to protect the public interest.
(4) The director's order of approval shall specify:
(a) The source of the water stored or to be stored underground;
(b) The underground water storage method; and
(c) A description of the area served or to be served by the water stored underground.
Source
Laws 1983, LB 198, § 6;
Laws 1985, LB 488, § 3;
Laws 1995, LB 350, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-226.03 - Terms, defined.

46-226.03.
Terms, defined.
For purposes of sections 46-226 to 46-243:
(1) Department means the Department of Natural Resources;
(2) Director means the Director of Natural Resources;
(3) Incidental underground water storage has the same meaning as in section 46-296;
(4) Induced ground water recharge means the process by which ground water withdrawn from wells near a natural stream is replaced by surface water flowing in the stream;
(5) Intentional underground water storage has the same meaning as in section 46-296;
(6) Public water supplier means a city, village, municipal corporation, metropolitan utilities district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary and improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes;
(7) Underground water storage has the same meaning as in section 46-296; and
(8) Well means a well, subsurface collector, or other artificial opening or excavation in the ground from which ground water flows under natural pressure or is artificially withdrawn.
Source
Laws 1993, LB 301, § 1;
Laws 2000, LB 900, § 96;
Laws 2004, LB 962, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-227 - Water in streams; measurement; duty of department.

46-227.
Water in streams; measurement; duty of department.
The department shall measure or cause to be measured the quantity of water flowing in the several streams of the state, shall make a record thereof in the office of the department, and shall from time to time make such additional measurements as may be necessary, in considering applications for water appropriations and such controversies as may arise regarding the distribution of water.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 8, p. 835;
C.S.1922, § 8427;
C.S.1929, § 81-6308;
R.S.1943, § 46-227;
Laws 2000, LB 900, § 97.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-228 - Flowing water; standards of measurement.

46-228.
Flowing water; standards of measurement.
The standard of measurement for flowing water, both for determining the flow of water in natural streams and for the purpose of distributing it therefrom when appropriations have been made for direct flow, shall be one cubic foot per second of time. The standard of measurement of the volume of water shall be one acre-foot, equivalent to forty-three thousand five hundred sixty cubic feet, and when water is stored in any natural or artificial reservoir, this standard shall be used for determining the capacity of storage reservoirs, the amount stored, and the amount used therefrom, except that for public water supplier appropriations, the standard of measurement may be in terms of gallons.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 21, p. 843;
C.S.1922, § 8440;
C.S.1929, § 81-6321;
R.S.1943, § 46-228;
Laws 1993, LB 301, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-229.01 - Department; examine condition of ditches.

46-229.01.
Department; examine condition of ditches.
The department shall, as often as necessary, examine into the condition of all ditches constructed or partially constructed within the state and shall compile information concerning the condition of every water appropriation and all ditches and canals and other works constructed or partially constructed thereunder.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 9, p. 836;
C.S.1922, § 8428;
C.S.1929, § 81-6309;
R.S.1943, § 46-229;
Laws 1947, c. 172, § 1(2), p. 520;
Laws 2000, LB 900, § 99.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-229.05 - Adjudication of water rights; appeal.

46-229.05.
Adjudication of water rights; appeal.
An appeal may be taken from the decision of the department upon such hearing as provided by section 61-207.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 9, p. 837;
C.S.1922, § 8428;
C.S.1929, § 81-6309;
R.S.1943, § 46-229;
Laws 1947, c. 172, § 1(6), p. 522;
Laws 1991, LB 732, § 106;
Laws 2000, LB 900, § 101.
Annotations
This section does not violate constitutional notions of due process. In re Water Appropriation Nos. 442A, 461, 462, and 485, 210 Neb. 161, 313 N.W.2d 271 (1981).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-229.06 - Appropriations; partial cancellation; rate of diversion; determination.

46-229.06.
Appropriations; partial cancellation; rate of diversion; determination.
When a departmental proceeding that is conducted pursuant to sections 46-229 to 46-229.04 concerns the partial cancellation of an appropriation, the department may receive evidence on the question of whether, following such partial cancellation, a reduction in the rate of diversion to the maximum rate prescribed in section 46-231 would result in an authorized diversion rate less than the rate necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation. If the director determines, based on a preponderance of the evidence, that such rate would be less than the rate necessary, in the interests of good husbandry, for the production of crops, he or she may approve a diversion rate for the remaining portion of the appropriation greater than the maximum rate authorized by section 46-231. Such increased rate can be no greater than the rate authorized for the appropriation prior to the partial cancellation and no greater than the rate determined by the director to be necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation.
Source
Laws 2004, LB 962, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-230 - Adjudication of water rights; record; duty of appropriation owner to furnish information; notice.

46-230.
Adjudication of water rights; record; duty of appropriation owner to furnish information; notice.
(1) As the adjudication of a stream progresses and as each claim is finally adjudicated, the director shall make and cause to be entered of record in his or her office an order determining and establishing the priorities of right to use the water of such stream, the amount of the appropriation of the persons claiming water from such stream and the character of use for which each appropriation is found to have been made, and the address of the owner of each water appropriation.
(2) Whenever requested by the department, the owner of any appropriation not held by an irrigation district, reclamation district, public power and irrigation district, or mutual irrigation or canal company shall provide the department with the name, address, and telephone number of each then-current owner of the appropriation and with the name, address, and telephone number of any tenant or other person who is authorized by the owner to receive opening and closing notices and other departmental communications relating to the appropriation. Each appropriation owner shall also notify the department any time there is a change in any of such names, addresses, or telephone numbers. Notice of ownership changes may be provided to the department in the manner provided in section 76-2,124 or in any other manner authorized by the department. If notice of an ownership change is provided other than in accordance with such section, the notice shall include such evidence of ownership as the director may require. Notice of all other changes may be provided in any manner authorized by the department. Upon receipt of any new information, the department shall update its records. The department shall not collect a fee for the filing of any such information or for updating its records.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 10, p. 837;
C.S.1922, § 8429;
C.S.1929, § 81-6310;
Laws 1941, c. 29, § 11, p. 137;
C.S.Supp.,1941, § 81-6310;
R.S.1943, § 46-230;
Laws 1973, LB 186, § 7;
Laws 1979, LB 204, § 1;
Laws 2000, LB 900, § 102;
Laws 2001, LB 667, § 2;
Laws 2002, LB 458, § 1;
Laws 2004, LB 962, § 11.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-233.01 - Permit to appropriate water for use in another state; application; considerations; determination.

46-233.01.
Permit to appropriate water for use in another state; application; considerations; determination.
(1) Application may be made to the department for a permit to appropriate any of the public surface waters of the State of Nebraska to be diverted or stored in Nebraska for use in any other state.
(2) In determining whether to grant such application, the director shall consider the following factors:
(a) Whether unappropriated water exists in the source of supply named in the application;
(b) Whether such application and appropriation when perfected are not otherwise detrimental to the public welfare;
(c) Whether denial of the application is demanded by the public interest; and
(d) Whether the proposed use is a beneficial use of water.
(3) When determining whether denial of such application is demanded by the public interest, the director shall consider the following factors:
(a) The economic, environmental, and other benefits of the proposed use;
(b) Any adverse economic, environmental, and other impacts of the proposed use;
(c) Any current beneficial uses being made of the unappropriated water;
(d) The economic, environmental, and other benefits of not allowing the appropriation and preserving the water supply for beneficial uses within the state;
(e) Alternative sources of water supply available to the applicant; and
(f) Any other factors consistent with the purposes of this section that the director deems relevant to protecting the interests of the state and its citizens.
The application shall be deemed in the public interest if the overall benefits to Nebraska are greater than the adverse impacts to Nebraska. The director's order granting or denying an application shall specify the reasons for such action, including a discussion of the required factors for consideration, and shall document such decision by reference to the hearing record, if any, and to any other sources used by the director in making the decision.
Source
Laws 1953, c. 161, § 1, p. 504;
Laws 1987, LB 146, § 4;
Laws 2000, LB 900, § 105.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-233.02 - Appropriation of water for use in another state; laws governing; rights of appropriators.

46-233.02.
Appropriation of water for use in another state; laws governing; rights of appropriators.
Such applications and all rights thereunder shall be governed by the provisions of the Constitution and statutes of Nebraska as now existing or hereafter amended. Appropriators under the provisions of sections 46-233.01 and 46-233.02 shall have no greater rights than those under appropriations for use within the State of Nebraska.
Source
Laws 1953, c. 161, § 2, p. 505.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-234 - Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.

46-234.
Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.
If there is no unappropriated water in the source of supply or if a prior appropriation has been perfected to water the same land to be watered by the applicant, the department may refuse such application. An application may also be refused (1) if existing facilities other than those owned or operated by the applicant are to be utilized and the applicant fails to show, by documentary evidence, agreements with the owner and operator of the facilities to allow the applicant to use such facilities or (2) when denial is demanded by the public interest. The party making such application shall not prosecute such work so long as such refusal continues in force. An application for appropriation shall not be exclusive of any of the lands included therein until the owner or owners of such land give consent to the same in proper form duly acknowledged. No application made or canal constructed, prior to the application of the water and the perfection of an appropriation therefor or the filing of the consent, shall prevent other applications from being allowed and other canals from being constructed to irrigate the same lands or any of them. In case of an application for an appropriation of water for the development of water power, the department shall promptly act upon such application and limit the time within which such appropriation shall be perfected to the period within which the proposed power project can be completed by uninterrupted and expeditious construction.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 18, p. 842;
Laws 1921, c. 291, § 1, p. 941;
C.S.1922, § 8437;
C.S.1929, § 81-6318;
R.S.1943, § 46-234;
Laws 1981, LB 252, § 3;
Laws 1984, LB 672, § 1;
Laws 2000, LB 900, § 106.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-235.01 - Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.

46-235.01.
Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.
A public water supplier which has received an appropriation for induced ground water recharge pursuant to section 46-235 may, from time to time and within twenty-five years after the priority assigned pursuant to section 46-233, petition the department for a hearing to present evidence showing that all or part of the original projection for additional water needs specified pursuant to subsection (2) of section 46-233 corresponds with the actual use. To the extent the public water supplier is making beneficial use of all or a portion of the water projected in the original application, the right to use such additional water shall vest and the priority date of such anticipated water use shall date back to the priority date assigned pursuant to section 46-233. A public water supplier may not request such a hearing at intervals of less than five years for each approved application.
Source
Laws 1993, LB 301, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-235.02 - Public water supplier; payment of compensation; when.

46-235.02.
Public water supplier; payment of compensation; when.
(1) Just compensation shall be required if a public water supplier exercises a preference to the injury of a senior appropriator.
(2) Just compensation shall be provided by a public water supplier to any injured junior appropriator whose appropriation was perfected prior to September 9, 1993, if and to the extent such injury resulted from regulation of junior appropriators requested by the public water supplier to provide water for any purpose other than domestic. Such compensation shall not be required to a junior appropriator if the regulation requested is to provide water for domestic purposes only. At the time any junior appropriator whose appropriation was perfected prior to September 9, 1993, is regulated at the request of a public water supplier, the department shall determine for each such appropriator the extent to which the regulation is for domestic purposes and the extent to which it is for other purposes.
(3) A cause of action for just compensation shall accrue at the time a junior appropriator is regulated by the department.
Source
Laws 1993, LB 301, § 6;
Laws 2000, LB 900, § 108.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-235.03 - Public water suppliers; natural resources districts; powers.

46-235.03.
Public water suppliers; natural resources districts; powers.
Natural resources districts shall have the authority to impose restrictions or controls on public water suppliers as specified in the Nebraska Ground Water Management and Protection Act. Such restrictions or controls may limit the withdrawal of ground water to a greater degree or extent than is otherwise permitted or allowed by a permit issued by the department.
Source
Laws 1993, LB 301, § 7;
Laws 2000, LB 900, § 109.
Cross References
Nebraska Ground Water Management and Protection Act, see section 46-701.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-235.04 - Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.

46-235.04.
Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.
(1) Induced ground water recharge appropriations shall be administered in the same manner as prescribed by Chapter 46, article 2, for other appropriations. Appropriations for induced ground water recharge may be canceled and annulled as provided in sections 46-229.02 to 46-229.05.
(2) The department may approve the transfer of priority dates among water wells, including replacement water wells, located within a single well field that are subject to an induced recharge appropriation, or are part of an application for such an appropriation, to improve the well field's efficiency of operation with respect to river flow. The transfers shall be approved if the department finds that (a) the transfers would not increase the quantity of induced ground water recharge under the original priority date or application, (b) the amount of water withdrawn from water wells under the original priority date or application would not increase, (c) the quantity of streamflow needed to sustain well field operation under the original priority date would decrease, (d) the transfer would not impair the rights of other appropriators, and (e) the transfer is in the public interest in the same manner as provided in section 46-235. The department may assign multiple priority dates to a single water well that replaces two or more water wells which are abandoned. Replacement water wells installed pursuant to this subsection must be installed within the same well field as the abandoned water well. Notice shall be furnished and any hearing held as provided in sections 46-291 and 46-292. For purposes of this subsection, single well field means those contiguous tracts of land owned or leased by the applicant containing two or more water wells subject to induced recharge.
Source
Laws 1993, LB 301, § 8;
Laws 1995, LB 871, § 2;
Laws 1997, LB 30, § 1;
Laws 2000, LB 900, § 110;
Laws 2004, LB 962, § 12.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-236 - Application for water power; lease from state required; fee; renewal; cancellation; grounds.

46-236.
Application for water power; lease from state required; fee; renewal; cancellation; grounds.
An application for appropriation of water for water power shall meet the requirements of section 46-234 and subsection (1) of section 46-235 to be approved. Within six months after the approval of an application for water power and before placing water to any beneficial use, the applicant shall enter into a contract with the State of Nebraska, through the department, for leasing the use of all water so appropriated. Such lease shall be upon forms prepared by the department, and the time of such lease shall not run for a greater period than fifty years; and for the use of water for power purposes the applicant shall pay into the state treasury on or before January 1 each year fifteen dollars for each one hundred horsepower for all water so appropriated. Upon application of the lessee or its assigns, the department shall renew the lease so as to continue it and the water appropriation in full force and effect for an additional period of fifty years.
Upon the failure of the applicant to comply with any of the provisions of such lease and the failure to pay any of such fees, the department shall notify the lessee that the required fees have not been paid to the department or that the lessee is not otherwise in compliance with the provisions of the lease. If the lessee has not come into compliance with all provisions of the lease or has not paid to the department all required fees within fifteen calendar days after the date of such notice, the department shall issue an order denying the applicant the right to divert or otherwise use the water appropriation for power production. The department shall rescind the order denying use of the water appropriation at such time as the lessee has come into compliance with all provisions of the lease and has paid all required fees to the department. If after forty-five calendar days from the date of issuance of the order the lessee is not in compliance with all provisions of the lease or required fees have not been paid to the department, such lease and water appropriation shall be canceled by the department.
Source
Laws 1921, c. 291, § 1, p. 942;
C.S.1922, § 8437;
C.S.1929, § 81-6318;
R.S.1943, § 46-236;
Laws 1972, LB 1306, § 1;
Laws 1987, LB 140, § 7;
Laws 2000, LB 900, § 111;
Laws 2011, LB27, § 1.
Annotations
State may lease use of public waters for power purposes. Hickman v. Loup River P. P. Dist., 176 Neb. 416, 126 N.W.2d 404 (1964).
Applicant for use of water for power purposes may make lease with state. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-237 - Map or plat; requirements; failure to furnish; effect.

46-237.
Map or plat; requirements; failure to furnish; effect.
(1) Within six months after approval and allowance of an application other than an application to appropriate public waters for induced ground water recharge, the applicant shall file in the office of the department a map or plat which shall conform to the rules and regulations of the department as to material, size, coloring, and scale. Such map or plat shall show the source from which the proposed appropriation is to be taken and all proposed dams, dikes, reservoirs, canals, powerhouses, and other structures for the purpose of storing, conveying, or using water for any purpose whatsoever and their true courses or positions in connection with the boundary lines and corners of lands which they occupy. The lands to be irrigated shall be identified in the manner prescribed by the department. No rights shall be deemed to have been acquired until the provisions of this section have been complied with. Except as provided in subsection (2) of this section, failure to so comply shall work a forfeiture of the appropriation and all rights thereunder.
(2) For any appropriation with a priority date earlier than 1958 but for which either the appropriator has failed to comply with the requirements of subsection (1) of this section or a map or plat required by such subsection has been lost or destroyed through no fault of the appropriator, the lack of such compliance or of such map or plat shall not be the basis for a departmental adjudication or cancellation of the appropriation and the appropriation shall not be subject to legal challenge by any party on that basis.
(3) The department may notify any appropriator subject to subsection (2) of this section of the need to file a map or plat of lands under such appropriation. Unless the department grants an extension for good cause shown, the appropriator shall file the required map within three years after that notification and such map shall conform to the rules and regulations of the department as to material, size, coloring, and scale. If the appropriator fails to comply, the department may deny the appropriator the right to divert or withdraw water subject to the appropriation until compliance has been achieved.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 19, p. 843;
C.S.1922, § 8438;
C.S.1929, § 81-6319;
R.S.1943, § 46-237;
Laws 1993, LB 301, § 9;
Laws 2000, LB 900, § 112;
Laws 2004, LB 962, § 13.
Annotations
Filing of map was required as a step in completing appropriation of water. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
Under former law, where application for appropriation was approved by Department of Roads and Irrigation, and filing of map, etc., was made within six months thereafter pursuant to earlier section, department had discretion to extend time to complete work, owing to abnormal conditions. In re Application of Babson, 105 Neb. 317, 180 N.W. 562 (1920).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-240 - Additional appropriation; conditions; application procedure.

46-240.
Additional appropriation; conditions; application procedure.
Whenever any person shall desire to divert any of the unappropriated waters of any natural lake or reservoir, or any person shall desire to recover any unappropriated water intentionally stored underground, for irrigation or any other beneficial purpose, for which water has already been appropriated, but for which in times of scarcity no water can be obtained from the appropriation already made therefor, such person may make application therefor and proceed as in cases of original application for appropriation.
An application for recovery of water intentionally stored underground may be made only by an appropriator of record who shows, by documentary evidence, sufficient interest in the underground water storage facility to entitle the applicant to the water requested.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 28, p. 845;
C.S.1922, § 8447;
C.S.1929, § 81-6328;
R.S.1943, § 46-240;
Laws 1983, LB 198, § 8;
Laws 1985, LB 488, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-240.01 - Supplemental additional appropriations; agricultural appropriators; application.

46-240.01.
Supplemental additional appropriations; agricultural appropriators; application.
All appropriators of water for agricultural purposes of less than the statutory limit of direct flow from the public waters of this state within the drainage basin of the stream from which such waters originate shall be entitled to such additional appropriation or appropriations from the direct flow of such stream, within the statutory limits provided by law, as may be necessary and required for the production of crops in the practice of good husbandry. Applications for such supplemental additional appropriations from the direct flow, upon the approval or granting thereof, shall have priority within the drainage basin as of the date such applications are filed in the office of the department.
Source
Laws 1953, c. 160, § 1, p. 503;
Laws 2000, LB 900, § 114;
Laws 2011, LB31, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-242 - Use of stored water; permit; application; conditions; limitations; procedure.

46-242.
Use of stored water; permit; application; conditions; limitations; procedure.
(1) After the completion to the satisfaction of the department of a storage reservoir for which a permit has been obtained pursuant to section 46-241, any person proposing to apply to beneficial use the water stored shall file with the department an application for a permit particularly describing the use to which the water is to be applied and, if for irrigation, describing the land to be irrigated.
(2) Application may be made for a permit to appropriate water for the irrigation of land lying both upstream and downstream from a storage reservoir or intentional underground water storage facility. Under an approved application for a permit to appropriate water stored in a reservoir or facility for use on land upstream from such reservoir or facility, water may be diverted from the stream by the applicant and a compensating amount of water shall be released from the reservoir or facility for the use of downstream appropriators, but the rights of prior appropriators shall not be adversely affected by such exchange of water.
(3) The owner of a storage reservoir shall have a preferred right to make such application for a period of six months from the time limited for the completion of such reservoir. The date of the expiration of such period shall be endorsed upon the application when allowed. If an application is made by a person other than the owner of a reservoir at any time, the application shall not be approved by the department until the applicant shows, by documentary evidence, sufficient interest in such storage reservoir to entitle the applicant to enough water for the purpose set forth in the application.
(4) Application may be made for a permit to appropriate water from a storage reservoir, subject to subsection (3) of this section, or an intentional underground water storage facility, subject to subsection (6) of section 46-241, for instream use of water for recreation or fish and wildlife if the appropriation will not prejudice the rights of any prior appropriator for a beneficial use.
(5) An unapproved application for a permit pursuant to this section which is pending on August 26, 1983, may be amended to include use of stored water for intentional underground water storage.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 17, p. 852;
C.S.1922, § 8467;
C.S.1929, § 46-617;
R.S.1943, § 46-242;
Laws 1955, c. 183, § 3, p. 516;
Laws 1965, c. 272, § 1, p. 774;
Laws 1983, LB 198, § 10;
Laws 1991, LB 277, § 1;
Laws 2000, LB 900, § 116;
Laws 2003, LB 619, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-243 - Application for water; reservoir intended for raising water level.

46-243.
Application for water; reservoir intended for raising water level.
A reservoir constructed for the purpose of holding water back and raising it in order that it may be applied to lands of a higher level or given a greater head for power, shall not be considered a storage reservoir, but such reservoir together with the diverting or impounding dam, must be described in an application for flowing water when water is to be raised, in order to perfect the appropriation.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 17, p. 853;
C.S.1922, § 8467;
C.S.1929, § 46-617;
R.S.1943, § 46-243.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-244 - Canals; declared works of internal improvement; laws applicable.

46-244.
Canals; declared works of internal improvement; laws applicable.
Canals and other works constructed for irrigation or water power purposes, or both, are hereby declared to be works of internal improvement; and all laws applicable to works of internal improvement are hereby declared to be applicable to such canal and irrigation works.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 1, p. 846;
C.S.1922, § 8451;
C.S.1929, § 46-601;
R.S.1943, § 46-244.
Cross References
Drover of livestock, duty to prevent damages, see section 54-305.
Annotations
It is implied that all damages for taking or damaging of land must first be paid, and the fact that land is taken without institution of condemnation proceedings does not deprive owner of right to compensation. Dawson County Irr. Co. v. Stuart, 142 Neb. 428, 6 N.W.2d 602 (1942).
Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands, irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937).
Individual does not have right of eminent domain for irrigation of his own land only. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935).
Irrigation canals are works of internal improvement and persons constructing same have power of eminent domain. Crawford Co. v. Hathaway, 67 Neb. 325, 93 N.W. 781 (1903).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-245 - Irrigation canal, defined; laws applicable.

46-245.
Irrigation canal, defined; laws applicable.
Any canal constructed for the purpose of developing water power, or any other useful purpose, and from which water can be taken for irrigation, is hereby declared to be an irrigation canal and all laws relating to irrigation canals shall be deemed applicable thereto.
Source
Laws 1893, c. 40, § 2, p. 378;
R.S.1913, § 3375;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 7, p. 832;
C.S.1922, § 8412;
C.S.1929, § 46-507;
R.S.1943, § 46-245.
Annotations
This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-247 - Ditches, dams, or similar works; construction; eminent domain; procedure.

46-247.
Ditches, dams, or similar works; construction; eminent domain; procedure.
In case of the refusal of the owner or claimant of any lands through which such ditch, canal, or other works are proposed to be made or constructed, to allow the passage thereof, the person desiring the right-of-way may acquire same through the exercise of the power of eminent domain. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 3, p. 847;
C.S.1922, § 8453;
C.S.1929, § 46-603;
R.S.1943, § 46-247;
Laws 1951, c. 101, § 92, p. 487.
Annotations
Requirements of petition stated. Little v. Loup River Public Power Dist., 150 Neb. 864, 36 N.W.2d 261 (1949).
A public power and irrigation district is given the power of condemnation by procedure in the county where the lands are situated if the owners of land object to construction. State ex rel. Johnson v. Central Nebraska Public Power & Irr. Dist., 140 Neb. 471, 300 N.W. 379 (1941).
Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939).
When defect of misjoinder of parties appears on face of petition, it must be raised by special demurrer. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937).
To confer jurisdiction, the petition in a condemnation proceeding must describe the lands to be crossed, the size of the ditch, canal, or works to be constructed, the quantity of the land to be taken, and the names of the parties interested. Platte Valley Public Power & Irr. Dist. v. Feltz, 132 Neb. 227, 271 N.W. 787 (1937).
Individual does not have right of eminent domain for irrigation of his own land. Onstott v. Airdale Ranch & Cattle Co., 129 Neb. 54, 260 N.W. 556 (1935).
Petition must, with substantial accuracy, describe lands to be crossed, size of works to be constructed, and quantity of land to be taken. Blue River Power Co. v. Hronik, 112 Neb. 500, 199 N.W. 788 (1924).
Right of eminent domain cannot be exercised for purely private purpose. Vetter v. Broadhurst, 100 Neb. 356, 160 N.W. 109 (1916).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-248 - Right-of-way for irrigation laterals; condemnation; procedure.

46-248.
Right-of-way for irrigation laterals; condemnation; procedure.
Whenever any person has acquired any rights to water for any lands owned by him, where, prior to the building of the laterals and the application of the water, any intervening canal, ditch, or lateral has been constructed, he shall have the right to construct laterals from such irrigation canal to the lands owned by him and to have such irrigation laterals across the lands and intervening canals to the land owned by him. If such intervening owner shall refuse to sell the right-of-way for such irrigation lateral, the owner shall have the right of eminent domain to condemn such right-of-way. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 4, p. 847;
C.S.1922, § 8454;
C.S.1929, § 46-604;
R.S.1943, § 46-248;
Laws 1951, c. 101, § 93, p. 488.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-249 - Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.

46-249.
Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.
There is hereby granted, over all the lands now or hereafter belonging to the State of Nebraska, except school lands held in trust by the Board of Educational Lands and Funds, a right-of-way for ditches, tunnels and telephone and transmission lines necessary to the construction and operation of any irrigation works constructed by authority of the United States; and in all conveyances such right-of-way shall be reserved.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 5, p. 847;
C.S.1922, § 8455;
C.S.1929, § 46-605;
R.S.1943, § 46-249;
Laws 1965, c. 273, § 1, p. 775.
Cross References
School lands, defined, see section 79-1035.03.
Annotations
State could not grant to anyone, including the United States, a right-of-way over school lands without compensation. United States v. 78.61 Acres of Land in Dawes and Sioux Cos., 265 F.Supp. 564 (D. Neb. 1967).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-250 - Places of diversion; storage sites; changes; procedure.

46-250.
Places of diversion; storage sites; changes; procedure.
The owner of any ditch, storage reservoir, storage capacity, or other device for appropriating water may, upon petition to the Department of Natural Resources, and upon its approval, change the point at which the water under any water appropriation of record is diverted from a natural stream or reservoir, change the line of any flume, ditch, or aqueduct, or change a storage site. No reclamation district or power appropriator may change the established return flow point without the approval of the department.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 6, p. 848;
C.S.1922, § 8456;
C.S.1929, § 46-606;
Laws 1941, c. 91, § 1, p. 361;
C.S.Supp.,1941, § 46-606;
R.S.1943, § 46-250;
Laws 1951, c. 150, § 1, p. 598;
Laws 1953, c. 158, § 1, p. 496;
Laws 2000, LB 900, § 117.
Annotations
Appropriator cannot change place of use of water, or extend ditch without permission of and subject to control of department. Farmers & Merchants Irr. Co. v. Gothenburg Water Power & Irr. Co., 73 Neb. 223, 102 N.W. 487 (1905).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-251 - Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.

46-251.
Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.
All persons desirous of constructing any of the works provided for in sections 46-244 to 46-250 shall have the right to occupy state lands and obtain right-of-way over and across any highway in this state for such purpose without compensation, except public school lands. All bridges or crossings over such ditches, laterals, and canals shall be constructed under the supervision of the Department of Transportation, if on a state highway, and under the supervision of the county board or governing body of a municipality, if on a highway under the jurisdiction of such board or governing body. All such persons may obtain a right-of-way not to exceed sixteen feet in width, for a like purpose along, parallel to, and upon one side of any highway by condemnation proceedings where the same does not interfere with the proper drainage of such highway. In such cases the abutting landowner and the county may grant such right-of-way, or in case of their refusal notice shall be served upon them and proceedings had as in other cases. Not more than one such ditch or lateral shall be permitted along the side of the same highway.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 7, p. 848;
C.S.1922, § 8457;
C.S.1929, § 46-607;
R.S.1943, § 46-251;
Laws 1961, c. 227, § 2, p. 672;
Laws 2017, LB339, § 175.
Cross References
Bridge over drainage or irrigation ditch, construction, maintenance, and payment of costs, see section 39-805.
Annotations
Amendment of 1911 providing for acquisition of limited easement by irrigation district upon and along highway is not unconstitutional because of alleged defects in passage of act. County of Dawson v. South Side Irr. Co., 146 Neb. 512, 20 N.W.2d 387 (1945).
Damages recoverable in a condemnation proceeding must be based upon the value of the land in the condition it was at the time of the condemnation. In re Platte Valley Public Power & Irr. Dist., 137 Neb. 313, 289 N.W. 383 (1939).
Defendant district was authorized to condemn right-of-way for transmission lines across plaintiffs' lands irrespective of boundary lines. Johnson v. Platte Valley Public Power & Irr. Dist., 133 Neb. 97, 274 N.W. 386 (1937).
Slight temporary deviations from year to year in the course of a lateral irrigation ditch across a field do not affect an easement therein where the lateral has followed substantially the same course for more than the statutory period of ten years. Clark v. Meeker Ditch Co., 131 Neb. 506, 268 N.W. 344 (1936).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-253 - Ditches; changing line; flow maintained; liability.

46-253.
Ditches; changing line; flow maintained; liability.
No owner of any ditch or canal shall change the line of the ditch or canal so as to interfere with the use of water by anyone, who, prior to the proposed change, had used water for irrigation purposes from such ditch or canal, and the owner of such ditch or canal shall keep the same in good repair so as to permit the water to flow in a quantity sufficient to furnish the statutory amount to the lands entitled thereto at all reasonable times. The majority of the water users under any ditch may designate such reasonable time for the use of water as such majority may determine upon, upon a written notice signed by such majority to the persons in control of such ditch or canal. The owners, or those in control, may limit the flow of water in the canal in accordance with such notice, between April 1 and May 1, and October 1 and November 15. No ditch shall be closed between May 1 and October 1. For a failure to cause the water to flow as aforesaid, the owners, or those in control, of any such ditch or canal shall be liable to anyone for any damage resulting from such failure, unavoidable accidents and shortage in the source of supply excepted.
Source
Laws 1895, c. 69, § 46, p. 261;
R.S.1913, § 3436;
Laws 1915, c. 65, § 1, p. 164;
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 9, p. 849;
C.S.1922, § 8459;
Laws 1925, c. 132, § 1, p. 347;
Laws 1927, c. 143, § 1, p. 387;
C.S.1929, § 46-609;
Laws 1937, c. 104, § 1, p. 363;
C.S.Supp.,1941, § 46-609;
R.S.1943, § 46-253.
Annotations
Action to enjoin district from using waters of stream, brought after close of irrigation season, in county other than that where principal place of business of district is located, making parties defendant certain public officers whose terms expire before beginning of next irrigation season in order to confer jurisdiction in court, will be dismissed for want of jurisdiction. Platte Valley Irr. Dist. v. Bryan, 130 Neb. 657, 266 N.W. 73 (1936).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-254 - Interfering with waterworks; taking water without authority; penalty.

46-254.
Interfering with waterworks; taking water without authority; penalty.
Any person owning or in control of any ditch, reservoir, or other device for appropriating or using water who willfully opens, closes, changes, or interferes with any headgate or controlling gate, or by any method or means takes any water from any natural stream, reservoir, or other source, through any ditch or canal to any land or lands, or allows the same to be done, or uses or allows to be used any water upon any land or lands, or for any other purpose whatsoever, without authority from the Department of Natural Resources, or who stores water in or releases water from a reservoir other than in compliance with orders of the Director of Natural Resources or his or her representative, shall be guilty of a Class II misdemeanor. Each day that the water is allowed to run without authority from the department shall constitute a separate offense.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 3, § 10, p. 849;
C.S.1922, § 8460;
C.S.1929, § 46-610;
R.S.1943, § 46-254;
Laws 1973, LB 186, § 9;
Laws 1977, LB 40, § 257;
Laws 2000, LB 900, § 119.
Cross References
Drover of livestock, duty to prevent damages, see section 54-305.