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2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1024 - Consolidation of districts; hearing; county board; order.

46-1024.
Consolidation of districts; hearing; county board; order.
If, at the time and place set for the hearing, the county board shall find and determine that (1) notice of the hearing has been given as required by section 46-1023; (2) the proposed consolidation has been approved by a majority vote of the participating members of each district seeking consolidation as provided by section 46-1022; and (3) that the statements contained in the petition for consolidation are true, the county board shall thereupon enter an order declaring the area within the boundaries of the rural water districts seeking consolidation to be incorporated as a consolidated rural water district under the name of Consolidated Rural Water District No. ...., ............ County, Nebraska (inserting number in order of consolidation and name of county), and such consolidated district shall thereupon assume all of the obligations and liabilities and shall be entitled to the benefits, franchises and privileges of each of the districts consolidated by such order, and shall have all of the powers of rural water districts.
Source
Laws 1972, LB 1502, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1025 - Consolidated district; board; members; officers; election.

46-1025.
Consolidated district; board; members; officers; election.
Immediately following the entry of the order of consolidation by the county board, the members of the boards of districts of the former rural water districts which were consolidated by such order shall meet and elect from among themselves a chairman, vice-chairman, secretary and treasurer. The offices of secretary and treasurer may be held by one person. No more than two of such offices may be held by persons from one of such former rural water districts. The members of such boards shall adopt the bylaws of one of such former districts with such changes and modifications as the directors shall deem necessary. The members of such boards of directors shall continue to serve as members of the board of directors of the consolidated district until the next annual meeting of the consolidated district as fixed by the bylaws, at which time a board of directors, not to exceed nine in number, shall be elected for staggered terms of one, two, and three years in the manner prescribed for the election of an original board under section 46-1016.
Source
Laws 1972, LB 1502, § 6.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1101 - Act, how cited.

46-1101.
Act, how cited.
Sections 46-1101 to 46-1148 shall be known and may be cited as the Nebraska Chemigation Act.
Source
Laws 1986, LB 284, § 1;
Laws 1988, LB 1046, § 1;
Laws 2014, LB272, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1102 - Legislative findings.

46-1102.
Legislative findings.
The Legislature finds that the use of chemigation throughout the state is increasing and that, although chemigation provides a viable alternative to other means of chemical application, if an irrigation distribution system is not properly equipped or if a chemical is not used with proper precautions, there exists a potential to contaminate the water.
The Legislature also finds that complete information as to the occurrences and use of chemigation in this state is essential to the development of a sound state water management policy.
For these reasons, the Legislature deems it necessary to provide the natural resources districts and the Department of Environment and Energy with the authority to document, monitor, regulate, and enforce chemigation practices in Nebraska.
Source
Laws 1986, LB 284, § 2;
Laws 1993, LB 3, § 28;
Laws 2019, LB302, § 45.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1103 - Definitions, sections found.

46-1103.
Definitions, sections found.
For purposes of the Nebraska Chemigation Act, unless the context otherwise requires, the definitions found in sections 46-1104 to 46-1116.01 shall apply.
Source
Laws 1986, LB 284, § 3;
Laws 2014, LB272, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1104 - Applicator, defined.

46-1104.
Applicator, defined.
Applicator shall mean any person engaged in the application of chemicals by means of chemigation. Applicator shall include any person operating equipment used for chemigation whether for himself or herself or on behalf of the permitholder for the land on which the chemigation will take place.
Source
Laws 1986, LB 284, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1108 - Department, defined.

46-1108.
Department, defined.
Department shall mean the Department of Environment and Energy.
Source
Laws 1986, LB 284, § 8;
Laws 1993, LB 3, § 30;
Laws 2019, LB302, § 46.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1109 - Director, defined.

46-1109.
Director, defined.
Director shall mean the Director of Environment and Energy.
Source
Laws 1986, LB 284, § 9;
Laws 1993, LB 3, § 31;
Laws 2019, LB302, § 47.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1111 - Fertilizer, defined.

46-1111.
Fertilizer, defined.
Fertilizer shall mean any formulation or product used as a plant nutrient which is intended to promote plant growth and contains one or more plant nutrients recognized by the Association of American Plant Food Control Officials in its official publication.
Source
Laws 1986, LB 284, § 11.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1113 - Irrigation distribution system, defined.

46-1113.
Irrigation distribution system, defined.
Irrigation distribution system shall mean any device or combination of devices having a hose, pipe, or other conduit, which connects directly to any source of ground or surface water, through which water or a mixture of water and chemicals is drawn and applied for agricultural or horticultural purposes. Irrigation distribution system shall not include any hand-held hose sprayer or other similar device which is constructed so that an interruption in water flow automatically prevents any backflow to the water source.
Source
Laws 1986, LB 284, § 13.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1114 - Open discharge system, defined.

46-1114.
Open discharge system, defined.
Open discharge system shall mean a system in which the water is pumped or diverted directly into a ditch or canal in such a manner that the force of gravity at the point of discharge into the ditch or canal cannot cause water to flow back to the point from which the water was pumped or diverted.
Source
Laws 1986, LB 284, § 14.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1115 - Permitholder, defined.

46-1115.
Permitholder, defined.
Permitholder shall mean the owner or operator of land who applies or authorizes the application of chemicals to such land by means of chemigation. The permitholder shall be the party primarily responsible for any liability arising from chemigation on the property.
Source
Laws 1986, LB 284, § 15.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1116 - Pesticide, defined.

46-1116.
Pesticide, defined.
Pesticide shall mean any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any pest, insect, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, except viruses on or in living humans or animals, and any substance or mixture of substances intended for use as a plant regulator, defoliant, or desiccant.
Source
Laws 1986, LB 284, § 16.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1116.01 - Working day, defined.

46-1116.01.
Working day, defined.
Working day shall mean Monday through Friday but shall not include Saturday, Sunday, or a federal or state holiday. In computing two working days, the day of receipt of the permit is not included and the last day of the two working days is included.
Source
Laws 2014, LB272, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1117 - Permit required; exception; application.

46-1117.
Permit required; exception; application.
No person shall apply or authorize the application of chemicals to land or crops through the use of chemigation unless such person obtains a permit from the district in which the well or diversion is located, except that nothing in this section shall require a person to obtain a chemigation permit to pump or divert water to or through an open discharge system. Any person who intends to engage in chemigation shall, before commencing, file with the district an application for a chemigation permit for each injection location on forms provided by the department or by the district. Upon request, forms shall be made available by the department to each district office and at such other places as may be deemed appropriate. Except as provided in section 46-1119, the district shall review each application, conduct an inspection, and approve or deny the application within forty-five days after the application is filed. An application shall be approved and a permit issued by the district if the irrigation distribution system complies with the equipment requirements of section 46-1127 and the applicator has been certified as a chemigation applicator under sections 46-1128 and 46-1129. A copy of each approved application or the information contained in the application shall be maintained by the district and provided to the department upon request. This section shall not be construed to prevent the use of portable chemigation equipment if such equipment meets the requirements of section 46-1127.
Source
Laws 1986, LB 284, § 17;
Laws 2011, LB2, § 4;
Laws 2011, LB28, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1117.01 - Special permit; issuance.

46-1117.01.
Special permit; issuance.
Permits for those systems determined through inspection by the district as not needing all of the safety equipment prescribed by the Nebraska Chemigation Act shall be forwarded immediately to the department for review. If the department determines that certain elements of the safety equipment otherwise prescribed by the act are not necessary, it shall so inform the district. The district shall then issue a special permit as approved by the department. Issuance of such special permits shall not relieve the permitholder or applicator from compliance with all other responsibilities under the act.
Source
Laws 1988, LB 1046, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1119 - Emergency permit; application; fee; violation; penalty.

46-1119.
Emergency permit; application; fee; violation; penalty.
(1) A person may file an application with the district for an emergency permit on forms provided by the district. The district shall review each emergency application and approve or deny the application within two working days after the application is filed. An emergency application shall be approved and a permit issued by the district if the irrigation distribution system complies with the equipment requirements of section 46-1127 and the applicator has been certified under sections 46-1128 and 46-1129. If the district has not denied an emergency permit within two working days, it shall be deemed approved. Such permit shall be valid for a period of forty-five days from the date of issuance.
(2) The application for an emergency permit shall be accompanied by a fee as established in section 46-1121 not to exceed five hundred dollars payable to the district. For each permit, ten dollars shall be paid by the district to the department. The application shall contain the same information as required in section 46-1120.
(3) Any holder of an emergency permit or an applicator applying chemicals pursuant thereto who violates any of the provisions of this section shall have such permit automatically revoked without a hearing and shall be guilty of a Class II misdemeanor.
Source
Laws 1986, LB 284, § 19;
Laws 2014, LB272, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1120 - Application; contents.

46-1120.
Application; contents.
Each application to engage in chemigation shall contain (1) the name and post office address of the applicant, (2) the location by legal description of the land where chemigation is to be used, and (3) such other information as the department, after consultation with the district, may deem necessary.
Source
Laws 1986, LB 284, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1121 - Fees; Chemigation Costs Fund; created; investment; annual permits; renewal.

46-1121.
Fees; Chemigation Costs Fund; created; investment; annual permits; renewal.
(1) To aid in defraying the cost of administration of the Nebraska Chemigation Act, the district shall collect an initial application fee for a permit, a special permit fee, an annual renewal fee, and an emergency permit fee. The fees shall be established by the district and shall be sufficient to cover the ongoing administrative costs and the costs of annual inspection programs by the district and department. The fees collected pursuant to this section shall be established by the district in the amount necessary to pay reasonable costs of administering the permit program pursuant to the act. The fee for a permit and special permit shall not exceed one hundred fifty dollars. The fee for a renewal permit shall not exceed one hundred dollars. The fee for an emergency permit under section 46-1119 shall not exceed five hundred dollars. The district shall adopt and promulgate rules and regulations establishing a fee schedule to be paid to the district by a person or persons applying for a permit to operate a chemigation system.
(2) The fee for initial application for a permit or special permit shall be payable to the district. For each permit, five dollars shall be paid by the district to the department.
(3) The annual fee for renewal of a permit or special permit shall be payable to the district. For each permit, two dollars of the annual fee shall be paid by the district to the department.
(4) All fees shall be used by the district and the department to administer the Nebraska Chemigation Act. The department's fee shall be credited to the Chemigation Costs Fund which is hereby created. All fees collected by the department pursuant to the act shall be remitted to the State Treasurer for credit to the fund. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Chemigation Costs Fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
(5) All permits issued pursuant to sections 46-1117 and 46-1117.01 shall be annual permits and shall expire each year on June 1. A permit may be renewed each year upon payment of the annual renewal fee and completion of a form provided by the district which lists the names of all chemicals used in chemigation the previous year. Once a permit has expired, it shall not be reinstated without meeting all of the requirements for a new permit including an inspection and payment of the initial application fee.
Source
Laws 1986, LB 284, § 21;
Laws 1987, LB 146, § 5;
Laws 1988, LB 1046, § 3;
Laws 1995, LB 7, § 43;
Laws 2009, First Spec. Sess., LB3, § 21;
Laws 2014, LB272, § 5.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1122 - Replacement or alteration of chemigation equipment; notice; inspection.

46-1122.
Replacement or alteration of chemigation equipment; notice; inspection.
Any permitholder who replaces or alters or authorizes the replacement or alteration of chemigation equipment which was previously approved by the district shall notify the district within seventy-two hours of such replacement or alteration. The district shall conduct an inspection of the replaced or altered equipment and shall approve the continuance of chemigation if the replaced or altered equipment remains in compliance with the requirements of section 46-1127. No additional permit fee shall be collected by the district for inspecting a previously approved injection location.
Source
Laws 1986, LB 284, § 22.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1123 - Districts; annual reports; contents.

46-1123.
Districts; annual reports; contents.
Annual reports shall be submitted to the department by the district personnel showing the actual number of applications received, the number of applications approved, the number of inspections made, and the name of all chemicals used in chemigation systems within the district during the previous year.
Source
Laws 1986, LB 284, § 23;
Laws 2011, LB28, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1124 - District; conduct inspections; inspection warrant.

46-1124.
District; conduct inspections; inspection warrant.
(1) Each district shall conduct areawide, selective, and periodic inspections to insure compliance with the Nebraska Chemigation Act and rules and regulations adopted and promulgated under the act. A permitholder or any person believed by the district to be chemigating without a required permit shall be notified by the district of the district's right and intent to inspect the premises concerned. Authorized representatives of the district and the department shall have access at all reasonable times to inspect a chemigation system and to otherwise carry out their duties under the act. Prior to inspection such authorized representatives shall make reasonable efforts to obtain consent to inspect from the permitholder, his or her authorized employee, the applicator, or the owner or operator of the system. If consent for inspection is denied, such authorized representatives may apply to the district or county court of the county in which the chemigation system is located for an inspection warrant to require the permitholder or person believed to be chemigating without a required permit to allow the authorized representatives to enter onto his or her land to carry out their duties under the act or the rules and regulations.
(2) No person shall refuse entry or access to any authorized representative of the district or department who requests entry for purposes of inspection and who presents appropriate credentials and an inspection warrant, and no person shall obstruct, hamper, or interfere with any such inspection. Nothing in this section shall be construed to prevent prompt inspection without consent or appropriate warrant in emergency situations when there is neither sufficient time nor opportunity to obtain an inspection warrant. If requested, the permitholder, applicator, or person chemigating without a required permit shall receive a report specifying all facts found which relate to compliance status.
(3) Entry upon any property pursuant to the act shall not be considered to be trespass, and no damage shall be recoverable on that account alone. Damage to crops caused by the issuance of any order authorized by the act shall not be recoverable on that account alone.
Source
Laws 1986, LB 284, § 24;
Laws 1989, LB 619, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1125 - Permit denial, suspension, revocation; grounds.

46-1125.
Permit denial, suspension, revocation; grounds.
The district shall deny, refuse renewal of, suspend, or revoke a permit applied for or issued pursuant to section 46-1117 on any of the following grounds:
(1) Practice of fraud or deceit in obtaining a permit; or
(2) Violation of any of the provisions of the Nebraska Chemigation Act or any standards or rules and regulations adopted and promulgated pursuant to such act.
Source
Laws 1986, LB 284, § 25;
Laws 2011, LB2, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1126 - Permit denial, suspension, or revocation; procedures; suspend operation; when.

46-1126.
Permit denial, suspension, or revocation; procedures; suspend operation; when.
(1) Before a district denies, refuses to renew, suspends, or revokes a permit, it shall send to the applicant or permitholder a notice setting forth the specific reasons for the proposed action. The denial, refusal to renew, suspension, or revocation shall become final ten calendar days after mailing of the notice unless such person, within such ten-day period, gives the district written notice of a request for a hearing. If such request is made, the applicant or permitholder shall be given an opportunity for a hearing before the board of directors of the district and shall have the right to present evidence on his or her own behalf. On the basis of the evidence presented, the proposed action shall be affirmed or set aside. A copy of such decision setting forth the findings of fact and the specific reasons upon which it is based shall be sent to the applicant or permitholder.
(2) If the district or department concludes that there is or may be an actual or imminent threat of danger to persons or the environment by the operation of a chemigation system, the district or department shall immediately order suspension of the operation of the system. Any aggrieved person may, within ten days of receipt of an order of suspension pursuant to this section, request a hearing on such order. The hearing shall be held within ten days of receipt of the request. The district or department shall give written notice of the hearing by certified or registered mail or by personal service to the permitholder, applicator, or person responsible for the operation of the chemigation system. The district or department shall issue an order addressing the matters raised at the hearing within ten days after the hearing.
If the district or department concludes that the suspension should be continued, the district or department may, if necessary, apply for a restraining order or a temporary or permanent injunction against the permitholder, applicator, or person responsible for the operation of the chemigation system pursuant to the procedure prescribed by section 46-1138.
Source
Laws 1986, LB 284, § 26;
Laws 1989, LB 619, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1127 - Irrigation distribution system; improper operation; penalty; equipment; rules and regulations.

46-1127.
Irrigation distribution system; improper operation; penalty; equipment; rules and regulations.
(1) Any person who places any chemical in an irrigation distribution system or permits any chemical to be in an irrigation distribution system without having a properly operating (a) check and vacuum relief valve in the irrigation pipe, (b) inspection port or other device to check the performance of the check valve on the irrigation pipeline, (c) automatic low-pressure drain placed between the main check valve and the irrigation pump so that a solution will drain away from the source of water supply, (d) check valve in the chemical injection line, and (e) simultaneous interlock device between the power system of the chemical injection unit and the irrigation pumping plant to protect the water supply from contamination in the event such pumping plant ceases to operate or such other properly operating additional or replacement equipment as may be specified by the council pursuant to subsection (3) of this section shall be guilty of a Class IV misdemeanor.
(2) On or before October 1, 1986, the council shall adopt and promulgate rules and regulations specifying the standards for the equipment required pursuant to this section as are necessary to prevent the contamination of the water supply. The standards specified in such rules and regulations shall not be such as to impose an unduly severe or costly burden on any person without substantially contributing to the prevention of water contamination.
(3) The council may adopt and promulgate rules and regulations specifying equipment other than that required in subsection (1) of this section if changes in design, technology, or irrigation practices or other similar reasons warrant the use of equipment in addition to or in lieu of that enumerated in this section. Any equipment specified pursuant to this subsection shall provide protection to the water supply at least equal to that provided by the equipment required in subsection (1) of this section. The districts shall be given forty-five days to review and comment on rules and regulations proposed by the council prior to the hearing by the council.
Source
Laws 1972, LB 1343, § 1;
Laws 1977, LB 40, § 267;
Laws 1977, LB 421, § 1;
Laws 1979, LB 4, § 1;
R.S.1943, (1984), § 46-612.01;
Laws 1986, LB 284, § 27.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1128 - Applicators of chemicals; training sessions; certificate; expiration.

46-1128.
Applicators of chemicals; training sessions; certificate; expiration.
In order to insure that applicators of chemicals have sufficient scientific and practical knowledge in the use of chemigation, the director shall conduct training sessions directed toward thorough comprehension and knowledge of the safe use of chemigation or contract with the Cooperative Extension Service of the University of Nebraska to conduct such training sessions through its county extension agents and specialists in the state. If the department contracts for the training sessions, the Cooperative Extension Service shall be reimbursed for conducting the training sessions. The director shall issue a certificate acknowledging the satisfactory demonstration of competency to be determined by the director through the use of a written examination prepared and administered by the department. Each applicator's certificate, including such certificates issued prior to July 9, 1988, shall expire on January 1 of the fourth year after the date of issuance and shall be renewed upon the satisfactory completion of training and testing.
Source
Laws 1986, LB 284, § 28;
Laws 1988, LB 1046, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1129 - Training sessions; council; prescribe forms; adopt rules and regulations.

46-1129.
Training sessions; council; prescribe forms; adopt rules and regulations.
The council shall prescribe the necessary forms and adopt and promulgate such rules and regulations as shall be necessary to carry out the provisions of section 46-1128 regarding the conducting of training sessions and the issuing of certificates.
Source
Laws 1986, LB 284, § 29.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1129.01 - Applicator's certificate; revocation; grounds.

46-1129.01.
Applicator's certificate; revocation; grounds.
An applicator's certificate may be revoked by the department if the applicator:
(1) Operates a chemigation system that is known to be defective or not in compliance with permit requirements;
(2) Fails to report any actual or suspected accident resulting from the use of chemigation;
(3) Operates or authorizes operation of a chemigation system without the necessary permit; or
(4) Violates any of the provisions of the Nebraska Chemigation Act or standards, rules, and regulations adopted and promulgated pursuant to such act.
Source
Laws 1988, LB 1046, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1130 - Posting of signs.

46-1130.
Posting of signs.
Signs shall be posted which provide notice that chemicals are applied in irrigation water in the field in areas being treated by means of chemigation with chemicals which appear on the restricted use list in the Federal Insecticide, Fungicide, and Rodenticide Act or chemicals for which labels require posting.
Source
Laws 1986, LB 284, § 30.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1131 - Accident; report required; investigation; cleanup and recovery plan.

46-1131.
Accident; report required; investigation; cleanup and recovery plan.
The applicator or the permitholder shall report an actual or suspected accident related to the use of chemigation in his or her system to the department and the appropriate district within twenty-four hours of its discovery. Any accident resulting from the use of chemigation shall be investigated by the appropriate district and the department. In the event that the district or the department finds an adverse effect caused by such an accident, the department shall (1) determine the immediate danger presented by the accident, (2) take all steps necessary to assure immediate public safety, and (3) develop a plan of cleanup and recovery. The cleanup and recovery plan shall be carried out by the permitholder under the supervision of the department or the district.
Source
Laws 1986, LB 284, § 31.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1132 - Damage to premises; considered tort claim.

46-1132.
Damage to premises; considered tort claim.
Any damage to the premises caused by the negligent or wrongful act or omission of any employee of the district while acting within the scope of his or her employment may be pursued as a tort claim as provided for in the Political Subdivisions Tort Claims Act. Any damage to the premises caused by the negligent or wrongful act or omission of any employee of the department while acting within the scope of his or her employment may be pursued as a tort claim as provided for in the State Tort Claims Act.
Source
Laws 1986, LB 284, § 32.
Cross References
Political Subdivisions Tort Claims Act, see section 13-901.
State Tort Claims Act, see section 81-8,235.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1133 - Assistance to abate water contamination.

46-1133.
Assistance to abate water contamination.
Each district or the department may provide technical and other assistance as may be necessary or desirable to abate the risk of water contamination in the state caused by chemigation.
Source
Laws 1986, LB 284, § 33.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1134 - Department; powers and duties.

46-1134.
Department; powers and duties.
The department shall have the power and duty:
(1) To advise, consult, cooperate, and contract with other agencies of the state, the federal government, other states and interstate agencies, political subdivisions, industries, and groups in furtherance of the purposes of the Nebraska Chemigation Act; and
(2) To receive or initiate complaints of water contamination, hold hearings in connection with water contamination, and institute legal proceedings in the name of the state for the control or prevention of water contamination.
Source
Laws 1986, LB 284, § 34.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1135 - District; adopt rules and regulations.

46-1135.
District; adopt rules and regulations.
Each district may adopt and promulgate such rules and regulations as shall be necessary to carry out its responsibilities under the Nebraska Chemigation Act. The rules and regulations of a district shall be subject to approval by the director.
Source
Laws 1986, LB 284, § 35.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1136 - Council; adopt rules and regulations.

46-1136.
Council; adopt rules and regulations.
The council shall adopt and promulgate rules and regulations providing for:
(1) Procedures and specifications for the installation, replacement, or repair of chemigation equipment;
(2) A system for the issuance of permits by the district to engage in chemigation;
(3) A procedure for a permitholder to follow when notifying the department and the appropriate district of any actual or suspected accident related to the use of chemigation;
(4) A procedure for the review and approval of a cleanup and recovery plan for an accident related to the use of chemigation;
(5) The posting of signs providing notice of the use of chemigation; and
(6) Any other chemigation practices necessary to carry out the Nebraska Chemigation Act.
Source
Laws 1986, LB 284, § 36.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1137 - Compliance with act; affirmative defense.

46-1137.
Compliance with act; affirmative defense.
Compliance with the Nebraska Chemigation Act shall be an affirmative defense to any civil action resulting from a person's use of chemigation.
Source
Laws 1986, LB 284, § 37.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1138 - Violation of act; procedures for compliance; prosecuting attorney; duties.

46-1138.
Violation of act; procedures for compliance; prosecuting attorney; duties.
(1) Any person found by the district to be in violation of the Nebraska Chemigation Act or any rules and regulations issued pursuant to the act shall be notified by the district of such violation. Each person so notified by the district shall have ten days in which to comply. The district shall make every reasonable effort to obtain voluntary compliance. Voluntary compliance shall not preclude the district, department, Attorney General, or county attorney from pursuing penalties in the proper court of law based on violations of the act or the rules and regulations. If after such ten-day period the violation has not been corrected, the district shall notify the department of the violation. The department shall make a preliminary investigation. If after such investigation the department determines that there is a violation of the act or rules and regulations, the district or the department shall either revoke the person's chemigation permit until such time as there is satisfactory compliance or issue an order suspending operation of the chemigation system until the required permit is obtained.
(2) The district or department may apply for a restraining order, a temporary or permanent injunction, or a mandatory injunction against the person or persons violating or threatening to violate the Nebraska Chemigation Act or the rules and regulations adopted and promulgated under such act to the district court of the county where the violation is occurring or is about to occur. The court shall have jurisdiction to grant such relief upon good cause shown. Relief may be granted notwithstanding the existence of any other remedy at law and shall be granted without bond.
(3) If the violation of the Nebraska Chemigation Act occurs with respect to a permitted system, a schedule for compliance may be established by the district in lieu of the ten-day compliance requirement.
(4) It shall be the duty of the Attorney General or the county attorney of the county in which such violation occurs or is about to occur, when notified of such violation or threatened violation, to cause appropriate proceedings under this section to be instituted and pursued without delay.
Source
Laws 1986, LB 284, § 38;
Laws 1989, LB 619, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1139 - Engaging in chemigation without a permit; penalty; recovery of costs.

46-1139.
Engaging in chemigation without a permit; penalty; recovery of costs.
Any person who engages in chemigation without first obtaining a chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class II misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Source
Laws 1986, LB 284, § 39;
Laws 2015, LB207, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1140 - Engaging in chemigation with a suspended or revoked permit; penalty; recovery of costs.

46-1140.
Engaging in chemigation with a suspended or revoked permit; penalty; recovery of costs.
Any person who engages in chemigation with a suspended or revoked chemigation permit shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class II misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Source
Laws 1986, LB 284, § 40;
Laws 2015, LB207, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1141 - Tampering with chemigation equipment; penalty; recovery of costs.

46-1141.
Tampering with chemigation equipment; penalty; recovery of costs.
Any person who willfully tampers with or otherwise willfully damages in any way equipment meeting the requirements specified in section 46-1127 shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class I misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Source
Laws 1986, LB 284, § 41;
Laws 2015, LB207, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1142 - Failure to notify of accident; penalty; recovery of costs.

46-1142.
Failure to notify of accident; penalty; recovery of costs.
Any permitholder who fails to notify the district and the department of any actual or suspected accident resulting from the use of chemigation shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class III misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Source
Laws 1986, LB 284, § 42;
Laws 2015, LB207, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1143 - Other violations; penalty; recovery of costs.

46-1143.
Other violations; penalty; recovery of costs.
Any person who violates any of the provisions of the Nebraska Chemigation Act for which a specific penalty is not provided shall be (1) subject to a civil penalty of one thousand dollars for each day at each site where a violation occurs for the first violation and not less than one thousand dollars and not more than five thousand dollars for each day at each site where a violation occurs for each subsequent violation or (2) guilty of a Class IV misdemeanor. Each day of continued violation shall constitute a separate offense. The court may issue such injunctive orders as may be necessary to prohibit continued violations of the Nebraska Chemigation Act. When the Attorney General, a county attorney, or a private attorney brings an action on behalf of a district to recover a civil penalty under this section, the district shall recover the costs of the action if a civil penalty is awarded.
Source
Laws 1986, LB 284, § 43;
Laws 2015, LB207, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1144 - District; failure to carry out responsibilities; hearing; procedure.

46-1144.
District; failure to carry out responsibilities; hearing; procedure.
If at any time after January 1, 1988, it is alleged by the department upon its own initiative or as a result of a complaint being filed with the department that a district is not carrying out its responsibilities under the Nebraska Chemigation Act, the department may hold a contested case hearing. Notice of such hearing shall be published in such newspapers as are necessary to provide for general circulation within the district at least once each week for three consecutive weeks, the last publication to be not less than seven days prior to the hearing. The notice shall inform the public as to the reasons for such hearing. The director shall receive evidence from all interested parties at the hearing. Each hearing conducted pursuant to this section shall be recorded, and such record shall be available for review.
Source
Laws 1986, LB 284, § 44.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1145 - District; failure to carry out responsibilities; effect.

46-1145.
District; failure to carry out responsibilities; effect.
If after a hearing held pursuant to section 46-1144 the director determines that the district is not carrying out its responsibilities under the Nebraska Chemigation Act, the powers and duties of the district set out in the act shall vest in the department for a period of twelve months. All application fees shall be payable to the department during such twelve-month period and shall be placed in the Chemigation Costs Fund. Each district which has lost its powers and duties to the department shall, at least thirty days prior to the end of any such twelve-month period, inform the director as to whether it is now able to carry out its responsibilities under the Nebraska Chemigation Act or the reasons why it will continue to be unable to meet such responsibilities. If the district is unable to meet its responsibilities, the department may continue to perform the powers and duties required of the district for an additional twelve-month period.
Source
Laws 1986, LB 284, § 45.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1146 - Appeal; procedure.

46-1146.
Appeal; procedure.
Any affected person aggrieved by any order issued or final decision made by the department pursuant to the Nebraska Chemigation Act may appeal the order or decision, and the appeal shall be in accordance with the Administrative Procedure Act. As used in this section, affected person shall mean an applicant for a permit which is subject to an order or final decision of the department or district and any owner of an estate or interest in or concerning land whose interest is or may be impacted in a direct or significant manner by the order or final decision of the department or district.
Source
Laws 1986, LB 284, § 46;
Laws 1988, LB 352, § 82.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1148 - Powers of district; construction of act.

46-1148.
Powers of district; construction of act.
Nothing in the Nebraska Chemigation Act shall be construed to limit the powers of a district provided in the Nebraska Ground Water Management and Protection Act.
Source
Laws 1986, LB 284, § 48.
Cross References
Nebraska Ground Water Management and Protection Act, see section 46-701.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1201 - Act, how cited.

46-1201.
Act, how cited.
Sections 46-1201 to 46-1241 shall be known and may be cited as the Water Well Standards and Contractors' Practice Act.
Source
Laws 1986, LB 310, § 1;
Laws 1991, LB 51, § 18;
Laws 1993, LB 131, § 38;
Laws 1994, LB 981, § 9;
Laws 1996, LB 1241, § 2;
Laws 2001, LB 133, § 1;
Laws 2007, LB463, § 1143;
Laws 2021, LB148, § 57.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1202 - Purposes of act.

46-1202.
Purposes of act.
The purposes of the Water Well Standards and Contractors' Practice Act are to: (1) Provide for the protection of ground water through the licensing and regulation of water well contractors, pump installation contractors, water well drilling supervisors, pump installation supervisors, water well monitoring technicians, and natural resources ground water technicians in the State of Nebraska; (2) protect the health and general welfare of the citizens of the state; (3) protect ground water resources from potential pollution by providing for proper siting and construction of water wells and proper decommissioning of water wells; and (4) provide data on potential water supplies through well logs which will promote the economic and efficient utilization and management of the water resources of the state.
Source
Laws 1986, LB 310, § 2;
Laws 1994, LB 981, § 10;
Laws 2001, LB 133, § 2;
Laws 2001, LB 667, § 11;
Laws 2007, LB463, § 1144.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1203 - Definitions, where found.

46-1203.
Definitions, where found.
For purposes of the Water Well Standards and Contractors' Practice Act, unless the context otherwise requires, the definitions found in sections 46-1204.01 to 46-1216 shall be used.
Source
Laws 1986, LB 310, § 3;
Laws 1991, LB 51, § 19;
Laws 1993, LB 131, § 39;
Laws 1994, LB 981, § 11;
Laws 1996, LB 1241, § 3;
Laws 2001, LB 133, § 3;
Laws 2007, LB463, § 1145.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1204.01 - Abandoned water well, defined.

46-1204.01.
Abandoned water well, defined.
Abandoned water well means any water well (1) the use of which has been accomplished or permanently discontinued, (2) which has been decommissioned as described in the rules and regulations of the Department of Environment and Energy, and (3) for which the notice of abandonment required by subsection (2) of section 46-602 has been filed with the Department of Natural Resources by the licensed water well contractor or licensed pump installation contractor who decommissioned the water well or by the water well owner if the owner decommissioned the water well.
Source
Laws 1994, LB 981, § 12;
Laws 1996, LB 1044, § 264;
Laws 2000, LB 900, § 234;
Laws 2001, LB 667, § 12;
Laws 2003, LB 245, § 7;
Laws 2007, LB296, § 207;
Laws 2007, LB463, § 1146;
Laws 2021, LB148, § 58.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1205.01 - Licensed natural resources ground water technician, defined.

46-1205.01.
Licensed natural resources ground water technician, defined.
Licensed natural resources ground water technician means a natural resources ground water technician who has taken a training course, passed an examination based on the training course, and received a license from the department indicating that he or she is a licensed natural resources ground water technician.
Source
Laws 2001, LB 133, § 4;
Laws 2007, LB463, § 1148.