reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-104 - Petition; map; requirements.

46-104.
Petition; map; requirements.
The petitioners must accompany the petition with a map of the proposed district. The map shall show the location of the proposed canal or the works by means of which it is intended to irrigate the proposed district, and of all the canals situated within the boundaries of the proposed district;
Provided,
canals that only pass through such lands, and which do not in fact irrigate any of the same, need not be shown. If the water supply be from natural streams, the flow of such stream or streams shall be stated in cubic feet per second. If the water supply for the district is to be gathered by storage reservoirs, the map shall show the location of the proposed reservoirs and shall give their capacity in acre-feet. The map shall be drawn to a scale of two inches to the mile. Cross sections of the proposed canal, and all canals existing within the boundaries of the proposed district and shown on the map, and all proposed dams and embankments, shall be given in sufficient number to show the contemplated mode of construction, and the capacity shall be given in cubic feet per second of the proposed and such existing canals. Such cross sections shall be drawn to a scale of ten feet to the inch, and the map and cross sections shall be certified to by a competent irrigation engineer.
Source
Laws 1909, c. 155, § 1, p. 558;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 191;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 355;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-104.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-105 - Petition; bond; requirements.

46-105.
Petition; bond; requirements.
The petitioners must accompany the petition with a good and sufficient bond, to be approved by the county board, in double the amount of the probable cost of organizing such district, conditioned that the bondsmen will pay all costs in case such organization shall not be effected.
Source
Laws 1895, c. 70, § 2, p. 270;
Laws 1903, c. 121, § 1, p. 616;
Laws 1909, c. 155, § 1, p. 559;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 192;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 356;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-105.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-106 - Petition; notice of hearing; report by Director of Natural Resources.

46-106.
Petition; notice of hearing; report by Director of Natural Resources.
The petition for the proposed district shall be published for at least two weeks before the time at which the same is to be presented, in some newspaper printed and published in the county where the petition is presented, together with a notice stating the time of the meeting at which the petition will be presented. A copy of such petition and all maps and other papers filed with the petition shall be filed in the office of the Department of Natural Resources for at least four weeks before the date set for such hearing. The Director of Natural Resources shall examine such petition, maps, and other papers and, if he or she deems it necessary, shall further examine the proposed district, the works proposed to be purchased, or the location of the works to be constructed. The director shall prepare a report upon the matter in such form as he or she deems advisable and submit the report to the county board at the meeting set for the hearing of the petition.
Source
Laws 1895, c. 70, § 2, p. 270;
Laws 1903, c. 121, § 1, p. 616;
Laws 1909, c. 155, § 1, p. 559;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 192;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 356;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-106;
Laws 2000, LB 900, § 86.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-107 - Petition and plan of irrigation; hearing before county board; finding; appeal to district court; procedure; bond.

46-107.
Petition and plan of irrigation; hearing before county board; finding; appeal to district court; procedure; bond.
At the time set for the hearing, the county board may amend such plan of irrigation as it may find advisable, and when it shall have determined to proceed with the matter, the board may adjourn such hearing from time to time, not exceeding four weeks in all, and on the final hearing may make such changes in the proposed boundaries as it may find to be proper, and shall establish and define boundaries;
Provided,
the board shall, upon final hearing, make a specific finding as to the territory within the proposed district, which is susceptible of irrigation by the same system of works applicable to the other lands in such proposed district, which finding shall be deemed a final order for purposes of review to the district court on appeal. Such appeal shall be taken by filing with the county clerk of the county wherein the land or any part of the land lies, a written notice of the appeal within ten days from the date of such specific finding. The interested party or parties appealing shall give a bond to be approved by the clerk of the district court, conditioned to pay all costs of the proceedings on appeal, should the decision of the county board be sustained, and shall within thirty days file a transcript of the proceedings had upon such specific finding with the clerk of the district court, where the matter shall be tried and determined de novo.
Source
Laws 1895, c. 70, § 2, p. 271;
Laws 1903, c. 121, § 1, p. 616;
Laws 1909, c. 155, § 1, p. 560;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 192;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 356;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-107.
Annotations
Order of county board establishing boundaries of districts is conclusive, at least in collateral attack on question whether land will be benefited by irrigation, but otherwise on question if such lands cannot from some source be irrigated. Sowerwine v. Central Irr. District, 85 Neb. 687, 124 N.W. 118 (1909); Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-108 - District; lands included; lands irrigated by pumping.

46-108.
District; lands included; lands irrigated by pumping.
Upon specific findings as to inclusion of any land in the proposed district, to which objection shall have been made, it shall be the duty of the county clerk to notify the objector, his agent or attorney, in writing, of the fact that such specific finding shall have been made, within three days after the finding shall have been made, nor shall any land which will not, in the judgment of the board, be benefited by irrigation by such system be included in such district;
Provided,
any persons whose lands are susceptible of irrigation from the same source, shall, upon application of the owner to the board, be entitled to have such lands included in such district. The person, firm, corporation or municipal corporation whose land, within any proposed district, is provided with water by pumping, whether from well, lake or stream, shall not be included therein except upon written application of the owner or owners of such land;
Provided,
that one thousand gallons per minute of water shall exempt one hundred and sixty acres, and lesser or greater amounts of water shall exempt in proportion.
Source
Laws 1895, c. 70, § 2, p. 271;
Laws 1903, c. 121, § 1, p. 616;
Laws 1909, c. 155, § 1, p. 560;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 192;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 357;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-108.
Annotations
Land may not be included in an irrigation district that is provided with water by pump for its irrigation. Smith v. Frenchman-Cambridge Irr. Dist., 155 Neb. 270, 51 N.W.2d 376 (1952).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-109 - District; divisions; directors; number; election; terms.

46-109.
District; divisions; directors; number; election; terms.
(1) Except as otherwise provided in subsections (2) and (3) of this section, the county board shall make an order dividing the irrigation district into three divisions as nearly equal in size as may be practicable, which shall be numbered first, second, and third, and one director shall be elected for each division.
(2) After formation of an irrigation district, in districts comprising over twenty-five thousand acres, the electors thereof may determine by a majority vote to increase the number of directors in any multiple of three up to nine, whereupon the district may be divided into as many divisions as there are directors agreed upon. One-third of the number of directors so elected shall retire each year, and the order of their retirement may be agreed upon by the directors of the district, and successors shall be elected in the manner provided for the election of directors in other districts. The election for the increased number of directors shall be called upon a petition signed by twenty percent of the electors of the district presented to the then board of directors.
(3) After formation of an irrigation district, in districts comprising less than fifteen thousand acres, upon the majority vote of the board of directors, the question of whether the divisions in the irrigation district may be eliminated and the subsequent election of the directors conducted on an at-large basis may be submitted to the electors. The divisions in the district shall be eliminated and the directors elected on an at-large basis only upon the affirmative vote of two-thirds of the electors of the district.
Source
Laws 1895, c. 70, § 2, p. 271;
Laws 1903, c. 121, § 1, p. 617;
Laws 1909, c. 155, § 1, p. 560;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 192;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 357;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-109;
Laws 1972, LB 1509, § 1;
Laws 2015, LB561, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-110 - District; organization and officers; election; notice; voters; eligibility.

46-110.
District; organization and officers; election; notice; voters; eligibility.
(1) After dividing the proposed irrigation district into divisions, the county board shall give notice of an election to be held in such proposed district, for the purpose of determining whether or not the same shall be organized under the Irrigation District Act. Such notice shall describe the boundaries as established and shall designate a name for such proposed district. The notice shall be published for at least three weeks prior to such election in a newspaper of general circulation in the county; and if any portion of such proposed district lies within another county or counties, then the notice shall be published in a newspaper of general circulation within each of such counties. The notice shall include the contents of the ballots to be cast and the date, time, place, and manner of the election, with instructions and deadlines to request and cast a ballot by mail. The ballot shall contain the words Irrigation district ...... Yes, or Irrigation district ...... No, or words equivalent thereto; and also the names of persons to be voted for to fill various elective offices prescribed in the Irrigation District Act.
(2) No person shall be entitled to vote at any election held under the Irrigation District Act unless he or she is qualified as an elector as provided in section 46-102. For any election under the Irrigation District Act, status as an elector shall be established by a record date designated by the election commissioner or county clerk for initial organization of the irrigation district or designated by the secretary of the board of directors for all other elections. The record date shall not be more than thirty days prior to the election. After such record date, a person may be allowed to vote when such person establishes his or her status as an elector to the satisfaction of the election commissioner or county clerk for initial organization of the district or to the satisfaction of the secretary of the board of directors for all other elections. The determination of the election commissioner, county clerk, or secretary of the board of directors, as the case may be, shall be conclusive.
Source
Laws 1895, c. 70, § 2, p. 271;
Laws 1903, c. 121, § 1, p. 617;
Laws 1909, c. 155, § 1, p. 560;
R.S.1913, § 3458;
Laws 1917, c. 81, § 1, p. 193;
C.S.1922, § 2858;
C.S.1929, § 46-102;
Laws 1933, c. 87, § 1, p. 357;
C.S.Supp.,1941, § 46-102;
R.S.1943, § 46-110;
Laws 2015, LB561, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-111 - District; organization and officers; election; procedure; canvass of votes; order of board; filing; election precincts.

46-111.
District; organization and officers; election; procedure; canvass of votes; order of board; filing; election precincts.
(1) Irrigation district elections shall be conducted in accordance with the Irrigation District Act.
(2) The county board shall meet on the second Monday next succeeding any irrigation district election or next succeeding the deadline for casting ballots in an irrigation district election by mail and canvass the votes cast at the election or by mail. If upon such canvass of the election for the formation of the district it appears that at least a majority of all votes cast are Irrigation district ........... Yes, the county board shall by an order entered on its minutes, declare such territory duly organized as an irrigation district, under the name and style therefor designated, and shall declare the persons receiving, respectively, the highest number of votes for such several offices to be duly elected to such offices. The county board shall cause a copy of such order, duly certified, to be immediately filed for record in the office of the county register of deeds of each county in which any portion of such lands are situated and shall also immediately forward a copy thereof to the clerk of the county board of each of the counties in which any portion of the district may lie; and no county board of any county, including any portion of such district, shall, after the date of the organization of such district, allow another district to be formed including any of the lands of such district, without the consent of the board of directors thereof. From and after the date of such filing, the organization of such district shall be complete, and the officers thereof shall be entitled to immediately enter upon the duties of their respective offices, upon qualifying in accordance with law, and shall hold such offices respectively until their successors are elected and qualified. For the purpose of the election for the formation of the district, the county board shall establish one or more election precincts in the proposed district, and define the boundary or boundaries thereof, which may thereafter be changed by the board of directors of such district.
Source
Laws 1895, c. 70, § 3, p. 272;
R.S.1913, § 3459;
Laws 1919, c. 111, § 1, p. 273;
C.S.1922, § 2859;
C.S.1929, § 46-103;
R.S.1943, § 46-111;
Laws 1951, c. 148, § 1, p. 595;
Laws 2015, LB561, § 5.
Cross References
Election laws, generally, see Chapter 32.
Voting by mail, absentee voters, see sections 32-938 to 32-951.
Voting by mail, special election procedures, see sections 32-952 to 32-959.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-112 - District officers; election; terms.

46-112.
District officers; election; terms.
The officers elected in compliance with section 46-110, upon qualifying as provided in section 46-113, shall hold their respective offices until the next general election for the irrigation district when their successors shall be elected. At such general election the member of the board of directors having the highest number of votes shall hold his or her respective office for a term of three years, the member of the board of directors having the next highest number of votes shall be declared to be elected for a term of two years, and the member of the board of directors having the least number of votes shall be elected for a term of one year. Each year thereafter, one member of the board of directors shall be elected for a term of three years. Each member of the board of directors shall be nominated and elected by a majority vote of the electors of the division in the irrigation district and shall be an elector of the division for which he or she is to serve as such director. If, after the election, it appears that any two or more persons have an equal and the highest number of votes for the same office, the county board shall, in the presence of the candidates or their representatives, determine by lot which of the candidates shall be elected.
An automatic recount shall be held in accordance with sections 32-1119 to 32-1122. The regular election of the district shall be held on the first Tuesday in February.
Source
Laws 1905, c. 166, § 1, p. 649;
Laws 1913, c. 142, § 2, p. 344;
R.S.1913, § 3460;
Laws 1915, c. 69, § 1, p. 170;
C.S.1922, § 2860;
Laws 1923, c. 97, § 1, p. 245;
C.S.1929, § 46-104;
Laws 1935, c. 106, § 1, p. 341;
C.S.Supp.,1941, § 46-104;
R.S.1943, § 46-112;
Laws 1979, LB 421, § 14;
Laws 1994, LB 76, § 555;
Laws 1995, LB 99, § 12.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-113 - Officers; oath; bond; district as federal fiscal agent; additional bond.

46-113.
Officers; oath; bond; district as federal fiscal agent; additional bond.
Within ten days after receiving his certificate of election, hereinafter provided for, each director shall take and subscribe the official oath, and each member of the board of directors shall execute an official bond in the sum of one thousand dollars, which bond shall be approved by the county judge of the county where such organization was effected, and after such approval all bonds shall be recorded in the office of the county recorder of such county;
Provided,
that in case any district organized hereunder is appointed fiscal agent of the United States or by the United States is authorized to make collections of money for and on behalf of the United States in connection with any federal reclamation project, such treasurer and each such director shall execute a further additional official bond in such sum as the Secretary of the Interior may require, conditioned for the faithful discharge of the duties of his respective office and the faithful discharge by the district of its duties as fiscal or other agent of the United States under any such appointment or authorization; such additional bonds to be approved, recorded, and filed as herein provided for other official bonds, and any additional bonds may be sued upon by the United States or any person injured by the failure of such officer or the district to fully, promptly, and completely perform their respective duties. All official bonds herein provided for shall be in the form prescribed by law for official bonds for county officers except that the obligee named in the bond shall be the district.
Source
Laws 1895, c. 70, § 4, p. 273;
Laws 1897, c. 86, § 1, p. 361;
Laws 1903, c. 121, § 1, p. 618;
Laws 1905, c. 166, § 1, p. 650;
Laws 1913, c. 142, § 2, p. 344;
R.S.1913, § 3460;
Laws 1915, c. 69, § 1, p. 171;
C.S.1922, § 2860;
Laws 1923, c. 97, § 1, p. 245;
C.S.1929, § 46-104;
Laws 1935, c. 106, § 1, p. 341;
C.S.Supp.,1941, § 46-104;
R.S.1943, § 46-113.
Cross References
Official bonds, form, filing, recording, and approval, see sections 11-101 to 11-122.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-114 - Directors; assumption of office; tenure.

46-114.
Directors; assumption of office; tenure.
The director elected shall assume the duties of his office the first Tuesday in March after his election;
Provided,
all incumbents shall hold their respective offices until their successors are elected and qualified, as provided in section 46-112.
Source
Laws 1905, c. 166, § 1, p. 650;
Laws 1913, c. 142, § 2, p. 345;
R.S.1913, § 3460;
Laws 1915, c. 69, § 1, p. 172;
C.S.1922, § 2860;
Laws 1923, c. 97, § 1, p. 246;
C.S.1929, § 46-104;
Laws 1935, c. 106, § 1, p. 342;
C.S.Supp.,1941, § 46-104;
R.S.1943, § 46-114.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-115 - Subsequent elections; manner; notice.

46-115.
Subsequent elections; manner; notice.
(1) Fifteen days before any election which is not held by mail under the Irrigation District Act subsequent to the organization of the irrigation district, the secretary of the board of directors shall cause notice to be published in a newspaper of general circulation in each county in which the irrigation district lies. The notice shall include the date, time, place, and manner of holding the election. The secretary shall also post a general notice of the same in the office of the board, which shall be established and kept at some fixed place to be determined by the board, specifying the polling places, if any, of each precinct of the irrigation district.
(2) Each year the board of directors of an irrigation district shall determine whether to hold the subsequent regular election of the irrigation district by mail. The board of directors may determine to hold any other election by mail under the Irrigation District Act if the decision to hold the election by mail is made at least forty-five days prior to the date set for such election. The secretary of the board of directors shall, at least thirty days prior to the date set for the election, mail to the last-known post office address of each elector a ballot which lists the names of the candidates and gives instructions and the deadlines to return the ballot. The secretary shall publish notice of the election by mail in a newspaper of general circulation in each county in which the irrigation district lies. The notice shall include instructions and the deadlines for requesting a ballot and instructions and the deadlines for casting ballots by mail. The notice shall also include the time and place designated for processing and counting the ballots cast by mail.
(3) Prior to the time for posting the notices, the board of directors shall appoint three residents from each precinct, one clerk and two judges, who shall constitute a board of election for such precinct. If the board of directors fails to appoint a board of election or the members appointed do not attend at the opening of the polls on the morning of election or at the time and place for processing and counting the ballots cast by mail, as the case may be, the electors of the precinct present at that hour may appoint the board. The board of directors must, in its order appointing the board of election, designate the hour and place in the precinct where the election must be held or the time and place for processing and counting the ballots cast by mail, as the case may be.
Source
Laws 1895, c. 70, § 5, p. 274;
R.S.1913, § 3461;
C.S.1922, § 2861;
C.S.1929, § 46-105;
R.S.1943, § 46-115;
Laws 1951, c. 148, § 2, p. 596;
Laws 2015, LB561, § 6.
Cross References
Voting by mail, absentee voters, see sections 32-938 to 32-951.
Voting by mail, special election procedures, see sections 32-952 to 32-959.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-116 - Election officers; powers and duties; hours of election.

46-116.
Election officers; powers and duties; hours of election.
(1) One of the judges shall be chairperson of the board of election and may (a) administer all oaths required in the progress of an election under the Irrigation District Act and (b) appoint judges and clerks, if during the progress of the election or processing and counting ballots cast by mail, as the case may be, any judge or clerk ceases to act. Any member of the board of election, or any clerk thereof, may administer and certify oaths required to be administered during the progress of an election or the processing and counting of ballots cast by mail, as the case may be. Before opening the polls or processing and counting ballots cast by mail, each member of the board of election must take and subscribe to an oath to faithfully perform the duties imposed upon him or her by law. Any elector of the precinct may administer and certify such oath.
(2) For elections other than those conducted by mail, the polls must be opened at 8 a.m. on the morning of the election and be kept open until 6 p.m. of the same day, except that in districts embracing twelve thousand acres or less, the polls may, by direction of the board of directors, be opened at 1 p.m. and be kept open until 5:30 p.m. of the same day.
Source
Laws 1895, c. 70, § 6, p. 274;
Laws 1913, c. 22, § 1, p. 94;
R.S.1913, § 3462;
C.S.1922, § 2862;
C.S.1929, § 46-106;
R.S.1943, § 46-116;
Laws 2015, LB561, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-117 - Elections; return and canvass of vote.

46-117.
Elections; return and canvass of vote.
(1) Elections under the Irrigation District Act, together with the ballots cast thereat, shall be certified by the boards of election for the precincts to the board of directors of the irrigation district within three days after the election or the deadline for casting ballots by mail.
(2) No lists, tally paper, or certificate returned from any election shall be set aside or rejected for want of form if it can be satisfactorily understood. The board of directors must meet at its usual place of meeting on the first Monday after each election and canvass the returns. If at the time of meeting the returns from each precinct in the district in which the polls were opened or ballots were mailed have been received, the board of directors must then and there proceed to canvass the returns; but if all the returns have not been received the canvass must be postponed from day to day until all the returns have been received or until six postponements have been had. The canvass must be made in public and by opening the returns and estimating the vote of the district for each person voted for and declaring the result thereof.
Source
Laws 1895, c. 70, § 7, p. 275;
R.S.1913, § 3463;
C.S.1922, § 2863;
C.S.1929, § 46-107;
R.S.1943, § 46-117;
Laws 2015, LB561, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-118 - Elections; statement of result entered in board record; certificate of election; vacancies, how filled.

46-118.
Elections; statement of result entered in board record; certificate of election; vacancies, how filled.
The secretary of the board of directors must, as soon as the result is declared, enter in the records of such board a statement of such results, which statement must show (1) the whole number of votes cast in the district and in each division of the district; (2) the names of the persons voted for; (3) the office to fill which each person was voted for; (4) the number of votes given in each precinct for each of such persons; and (5) the number of votes given in the district for each of such persons. The board of directors must declare elected the person having the highest number of votes given for each office. The secretary must immediately make out and deliver to such person a certificate of election, signed by him and authenticated with the seal of the board. In case of a vacancy in the office of assessor or treasurer, the vacancy shall be filled by appointment by the board of directors. In case of a vacancy in the office of a member of the board of directors, the vacancy shall be filled by appointment by the two remaining members of the board and the district treasurer. An officer appointed as above provided shall hold his office until the next general election of the district and until his successor is elected and qualified.
Source
Laws 1895, c. 70, § 8, p. 275;
R.S.1913, § 3464;
Laws 1915, c. 67, § 1, p. 167;
C.S.1922, § 2864;
C.S.1929, § 46-108;
R.S.1943, § 46-118.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-119 - Board; organization; officers; bonds; payment of premiums.

46-119.
Board; organization; officers; bonds; payment of premiums.
On the first Wednesday following their election, the board of directors shall meet and organize as a board, elect a president from their number and appoint a secretary, treasurer, and assessor. All such offices may be held by one person. When the offices of secretary and treasurer are held by one person he shall give a penal bond in the sum of not less than fifty percent of the general fund levy for the current year, but when the offices of secretary and treasurer are held by separate individuals, then the treasurer shall be required to give bond in the sum of not less than twenty percent of the levy for general fund purposes for the current year. The secretary shall be required to give a penal bond in a sum of not less than thirty percent of the general fund levy for the current year, but the board of directors may increase the amount of either or both of such bonds in such an amount as it may think necessary. All of such bonds shall be approved by the directors of the district;
Provided,
that the district shall pay the cost of such bonds.
Source
Laws 1895, c. 70, § 9, p. 276;
Laws 1909, c. 156, § 1, p. 565;
Laws 1911, c. 158, § 1, p. 524;
R.S.1913, § 3465;
Laws 1915, c. 69, § 2, p. 172;
Laws 1917, c. 82, § 1, p. 194;
C.S.1922, § 2865;
Laws 1923, c. 97, § 2, p. 246;
Laws 1927, c. 142, § 1, p. 385;
C.S.1929, § 46-109;
R.S.1943, § 46-119.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-120 - Board; general powers and duties.

46-120.
Board; general powers and duties.
The board shall have the power and it shall be its duty to manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, establish equitable bylaws, rules and regulations for the distribution and use of water among the owners of such lands, and generally to perform all such acts as shall be necessary to fully carry out the purposes of sections 46-101 to 46-1,111. The bylaws, rules and regulations shall be printed in convenient form for distribution in the district.
Source
Laws 1895, c. 70, § 9, p. 276;
Laws 1909, c. 156, § 1, p. 565;
Laws 1911, c. 158, § 1, p. 524;
R.S.1913, § 3465;
Laws 1915, c. 69, § 2, p. 172;
Laws 1917, c. 82, § 1, p. 194;
C.S.1922, § 2865;
Laws 1923, c. 97, § 2, p. 247;
Laws 1927, c. 142, § 1, p. 385;
C.S.1929, § 46-109;
R.S.1943, § 46-120.
Annotations
Valid contract made with irrigation company may, as between parties or their successors in interest, be enforced, subject to reasonable regulations, provided rights of other water users are not thereby unlawfully curtailed. Clague v. Tri-State Land Co., 84 Neb. 499, 121 N.W. 570 (1909).
Board may purchase or condemn all lands necessary for construction, use, maintenance, repair, and improvement of canals. Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).
Landowners' causes of action against an irrigation district, seeking declaratory, injunctive, and mandamus relief to establish the district's obligations with respect to pipeline maintenance and delivery of water to lands along the pipeline, accrued when the landowners became members of the district, despite an argument that the district had a continuing obligation under the statute to maintain a means of delivery of water to the landowners' tracts; the landowners' causes of action were all based on the contention that the district had an obligation to maintain the pipeline and that the district had that obligation since inclusion of the landowners' lands into the district at the time the landowners became members of the district, and the landowners did not allege that any policies or obligations of the district had changed since that time. DeLaet v. Blue Creek Irr. Dist., 23 Neb. App. 106, 868 N.W.2d 483 (2015).
Right to contract for a supply of water was not limited by 1915 act requiring vote of electors in certain cases. Bridgeport Irr. Dist. v. United States, 40 F.2d 827 (8th Cir. 1930).
Contract with irrigation district whereby United States managed and operated system, did not deprive district of right to determine amount of taxes to be levied. New York Trust Co. v. Farmers' Irr. District, 280 F. 785 (8th Cir. 1922).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-120.01 - Board; obligate lands; emergency repairs and replacement; limitation.

46-120.01.
Board; obligate lands; emergency repairs and replacement; limitation.
The board of directors of an irrigation district shall not obligate the lands of the district except for emergency and unforeseen damage, repairs, and replacement, in excess of five dollars per acre for districts irrigating more than sixty thousand acres per year without submitting the question to the electors of the district as defined in section 46-102. The election on such question shall be conducted in the same manner as other elections held under the provisions of Chapter 46, article 1.
Source
Laws 1967, c. 277, § 1, p. 746.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-121 - Annual meeting of water users; petition.

46-121.
Annual meeting of water users; petition.
Upon petition signed by ten percent of the water users of any irrigation district and lodged with the president of such district or with any other officer during the absence or disability of the president for any cause, the president or other officer of such district shall call an annual meeting of the water users of the district upon notice given in the usual manner for elections therein, where reports of the manager, secretary, and board of directors shall be made and the general policies of the irrigation district shall be discussed.
Source
Laws 1923, c. 97, § 2, p. 247;
Laws 1927, c. 142, § 1, p. 386;
C.S.1929, § 46-109;
R.S.1943, § 46-121.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-123 - Right of eminent domain in others; preserved.

46-123.
Right of eminent domain in others; preserved.
Sections 46-119 to 46-122 shall not be construed to deprive any person, persons, company or corporation entitled thereto, to exercise the right of eminent domain.
Source
Laws 1909, c. 156, § 1, p. 566;
Laws 1911, c. 158, § 1, p. 526;
R.S.1913, § 3465;
Laws 1915, c. 69, § 2, p. 173;
Laws 1917, c. 82, § 1, p. 195;
C.S.1922, § 2865;
Laws 1923, c. 97, § 2, p. 248;
Laws 1927, c. 142, § 1, p. 386;
C.S.1929, § 46-109;
R.S.1943, § 46-123.
Cross References
For eminent domain proceedings, see sections 76-701 to 76-724.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-124 - Board of directors; meetings; quorum; open records.

46-124.
Board of directors; meetings; quorum; open records.
The board of directors shall hold regular meetings in its office each month and such special meetings as may be required for the proper transaction of business. All special meetings shall be ordered by the president of the board. The order must be entered of record and notice thereof must be given to each member. The order must specify the business to be transacted, and no other than that specified shall be transacted at such special meeting. All meetings of the board must be publicized. Two members shall constitute a quorum for the transaction of business, and upon all questions requiring a vote there shall be a concurrence of at least two members. All records of the board must be open to the inspection of any elector during business hours, and the board shall cause to be published at the close of each regular or special meeting a brief statement of the proceedings thereof in one newspaper in general circulation in the district, if the same can be done at an expense not exceeding one-third of the legal rate for advertising notices.
Source
Laws 1895, c. 70, § 10, p. 276;
Laws 1903, c. 121, § 1, p. 618;
Laws 1905, c. 166, § 1, p. 650;
Laws 1909, c. 157, § 1, p. 567;
Laws 1911, c. 159, § 1, p. 527;
Laws 1913, c. 226, § 1, p. 656;
R.S.1913, § 3466;
Laws 1915, c. 69, § 3, p. 173;
C.S.1922, § 2866;
C.S.1929, § 46-110;
R.S.1943, § 46-124;
Laws 1975, LB 578, § 1.
Cross References
Legal rate for advertising notices, see section 33-141.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-124.01 - District; budget; public inspection.

46-124.01.
District; budget; public inspection.
An irrigation district organized under sections 46-101 to 46-128 shall maintain a current copy of its annual budget at its principal office for public inspection during business hours.
Source
Laws 1989, LB 502, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-125 - Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.

46-125.
Surveys; acquisition of property; eminent domain; procedure; construction; powers of board.
The board, its agents, and employees shall have the right to enter upon any land within the district to make surveys, and may locate the line of any canal or canals and the necessary branches of such location. The board shall have the right to acquire, either by purchase or condemnation, all lands and waters and other property necessary for the construction, use, maintenance, repair, and improvement of any canal, canals, power plants of any kind or nature, and lands for reservoirs for the storage of water and all necessary appurtenances. The board shall have the right to acquire by purchase or condemnation any irrigation works, power plant, ditches, canals, or reservoirs already constructed for the use of the district. The procedure to condemn property shall be exercised in the manner set forth in sections 76-704 to 76-724. In case of purchase, the bonds of the district hereinafter provided for may be used at their par value in payment. The board may also construct the necessary dams, reservoirs, and works for the collection of water for the district, and do any lawful act necessary to be done that sufficient water may be furnished to each landowner in the district for irrigation purposes.
Source
Laws 1895, c. 70, § 10, p. 277;
Laws 1903, c. 121, § 1, p. 619;
Laws 1905, c. 166, § 1, p. 651;
Laws 1909, c. 157, § 1, p. 567;
Laws 1911, c. 159, § 1, p. 528;
Laws 1913, c. 226, § 1, p. 657;
R.S.1913, § 3466;
Laws 1915, c. 69, § 3, p. 174;
C.S.1922, § 2866;
C.S.1929, § 46-110;
R.S.1943, § 46-125;
Laws 1951, c. 101, § 89, p. 485.
Cross References
For construction requirements and exclusions, see Safety of Dams and Reservoirs Act, see section 46-1601 et seq.
Annotations
Irrigation district may acquire fee simple title under eminent domain. Burnett v. Central Neb. P. P. & I. Dist., 147 Neb. 458, 23 N.W.2d 661 (1946).
Mandamus is proper to compel district directors to provide landowners just share of water and supervise distribution. State ex rel. Clarke v. Gering Irr. Dist., 109 Neb. 642, 192 N.W. 212 (1923).
Board may acquire by purchase or condemnation all lands necessary for construction, use, maintenance, repair and improvement of its canals. Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-126 - Contracts with United States authorized; bonds; issuance; tax levy.

46-126.
Contracts with United States authorized; bonds; issuance; tax levy.
The board may enter into any obligation or contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water therefrom under the provisions of the federal Reclamation Act, and all acts amendatory thereof or supplementary thereto, and the rules and regulations established thereunder; or the board may contract with the United States for a water supply under any Act of Congress providing for or permitting such contract, and in case contract be made with the United States as herein provided, bonds of the district may be deposited with the United States at ninety percent of their par value, to the amount to be paid by the district to the United States under any such contract, the interest on such bonds to be provided for by assessment and levy as in the case of other bonds of the district, and regularly paid to the United States to be applied as provided in such contract, and if bonds of the district are not so deposited it shall be the duty of the board of directors to include as part of any levy, assessment, or toll provided for in sections 46-134, 46-135, 46-152, and 46-1,137, an amount sufficient to meet each year all payments accruing under the terms of any such contract. If contract is made with the United States as in this section provided and bonds are not to be deposited with the United States in connection with such contract, bonds need not be issued, or, if required to raise funds in addition to the amount of such contract, shall be issued only in the amount needed in addition thereto.
Source
Laws 1915, c. 69, § 3, p. 174;
C.S.1922, § 2866;
C.S.1929, § 46-110;
R.S.1943, § 46-126;
Laws 1967, c. 280, § 1, p. 757.
Annotations
The power of an irrigation district to enter into a contract with the United States for the construction, operation, and maintenance of the necessary works for the delivery and distribution of water was not limited by a requirement that the contract be approved by the voters of the district. Twin Loups Reclamation & Irr. District v. Blessing, 202 Neb. 513, 276 N.W.2d 185 (1979).
Board of directors of district may contract with the United States for delivery and distribution of water under the Federal Reclamation Act. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Purpose of law is to authorize irrigation districts to contract with the United States for the construction, maintenance, and operation of works to carry to and distribute water on lands of district. Livanis v. Northport Irr. Dist., 121 Neb. 777, 238 N.W. 757 (1931).
Board of directors was authorized to contract with the United States for a supply of water without authorization by the voters of the district. Bridgeport Irr. Dist. v. United States, 40 F.2d 827 (8th Cir. 1930).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-127 - District as fiscal agent of the United States; authority.

46-127.
District as fiscal agent of the United States; authority.
The board may accept on behalf of the district, appointment of the district as fiscal agent of the United States, or authorization of the district by the United States to make collections of money for and on behalf of the United States in connection with any federal reclamation project, whereupon the district shall be authorized to so act and to assume the duties and liabilities incident to such action, and the board shall have full power to do any and all things required by the federal statutes in connection therewith, and all things required by the rules and regulations established by any department of the federal government in regard thereto.
Source
Laws 1915, c. 69, § 3, p. 175;
C.S.1922, § 2866;
C.S.1929, § 46-110;
R.S.1943, § 46-127.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-128 - Irrigation; declared a public use.

46-128.
Irrigation; declared a public use.
The use of all water required for the irrigation of lands of any district formed under the provisions of sections 46-101 to 46-128, together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the provisions of sections 46-101 to 46-1,111, is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.
Source
Laws 1895, c. 70, § 10, p. 277;
Laws 1903, c. 121, § 1, p. 619;
Laws 1905, c. 166, § 1, p. 651;
Laws 1909, c. 157, § 1, p. 568;
Laws 1911, c. 159, § 1, p. 528;
Laws 1913, c. 226, § 1, p. 657;
R.S.1913, § 3466;
Laws 1915, c. 69, § 3, p. 175;
C.S.1922, § 2866;
C.S.1929, § 46-110;
R.S.1943, § 46-128.
Annotations
This section does no more than provide that land necessarily taken to benefit an irrigation district is taken for a public use, and whether the use for which property is taken is public or private in nature is a judicial question, not a legislative one. Chimney Rock Irr. Dist. v. Fawcus Springs Irr. Dist., 218 Neb. 777, 359 N.W.2d 100 (1984).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-130 - Board of directors; acquisition of property; corporate powers.

46-130.
Board of directors; acquisition of property; corporate powers.
The board is hereby authorized and empowered to take conveyances or other assurances for all property acquired by it under the provisions of sections 46-101 to 46-1,111, in the name of such irrigation district, to and for the uses and purposes herein expressed, and to institute and maintain any and all actions and proceedings, suits at law or in equity, necessary or proper in order to fully carry out the provisions of said sections, or to enforce, maintain, protect or preserve any and all rights, privileges, and immunities created by said sections, or acquired in pursuance thereof. In all courts, actions, suits or proceedings, the board may sue, appear and defend, in person or by attorneys, and in the name of such irrigation district.
Source
Laws 1895, c. 70, § 12, p. 278;
R.S.1913, § 3468;
C.S.1922, § 2868;
C.S.1929, § 46-112;
R.S.1943, § 46-130.
Annotations
Persons dealing with officers and agents of public corporation are required to act with reference to authority, limitations, and restrictions imposed by legislation authorizing organization and government thereof. Lincoln & Dawson County Irr. Dist. v. McNeal, 60 Neb. 613, 83 N.W. 847 (1900).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-132 - Assessments; equalization; notice.

46-132.
Assessments; equalization; notice.
On or before May 15 in each year the assessor must complete his assessment book and deliver it to the secretary of the board, who must immediately give notice thereof, and of the time the board of directors acting as a board of equalization will meet to equalize assessments, by publication in a newspaper published in each of the counties comprising the district. The time fixed for the meeting shall not be less than ten or more than twenty days from the first publication of the notice; and in the meantime the assessment books must remain in the office of the secretary for the inspection of all persons interested.
Source
Laws 1895, c. 70, § 17, p. 282;
Laws 1897, c. 86, § 3, p. 362;
R.S.1913, § 3473;
C.S.1922, § 2873;
C.S.1929, § 46-118;
R.S.1943, § 46-132.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-133 - Assessments; equalization; hearings; valuation; appeal; procedure.

46-133.
Assessments; equalization; hearings; valuation; appeal; procedure.
Upon the day specified in the notice required by section 46-132 for the meeting of the board of directors which is hereby constituted a board of equalization for that purpose, it shall meet and continue in session from day to day, as long as may be necessary, not to exceed six days, exclusive of Sundays, to hear and determine such objections to the valuation and assessment as may come before it; and the board may change the valuation as may be just, but shall not raise the valuation of any land as assessed by the assessor without giving the owner of such land due notice to appear and show cause why such valuation should not be raised. The secretary of the board shall be present during its session and note the changes made in the valuation of property, and in the names of the persons whose property is assessed; and within ten days after the close of the session he or she shall have the total values, as finally equalized by the board, extended into columns and added. Appeals may be taken from any action of the irrigation board of equalization to the district court.
Source
Laws 1895, c. 70, § 18, p. 282;
R.S.1913, § 3474;
C.S.1922, § 2874;
Laws 1929, c. 134, § 1, p. 487;
C.S.1929, § 46-119;
Laws 1931, c. 90, § 1, p. 251;
C.S.Supp.,1941, § 46-119;
R.S.1943, § 46-133;
Laws 1995, LB 490, § 25;
Laws 1997, LB 397, § 3.