reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-160 - Irrigation district; liability for failure to deliver water; conditions; limitation.

46-160.
Irrigation district; liability for failure to deliver water; conditions; limitation.
Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations;
Provided, however,
such districts shall not be liable as herein provided, unless the party suffering such damages by reason of such negligence or failure shall, within thirty days after such negligent acts are committed, or such districts shall fail to deliver water, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts committed or the omissions of duties to be performed on the part of the district, which it is claimed to constitute such negligence or omission and that he expects to hold such district liable for whatever damages may result;
provided further,
such action shall be brought within one year from the time the cause has accrued.
Source
Laws 1911, c. 164, § 1, p. 538;
R.S.1913, § 3526;
C.S.1922, § 2926;
C.S.1929, § 46-171;
R.S.1943, § 46-160.
Annotations
Action grounded on negligence for failure to deliver water was barred. Cover v. Platte Valley Public Power & Irr. Dist., 156 Neb. 644, 57 N.W.2d 275 (1953).
Requirement of written notice to district does not apply to damages arising from the invasion of contract right to a specific quantity of the natural flow of water in a river. Ledingham v. Farmers Irr. Dist., 135 Neb. 276, 281 N.W. 20 (1938).
Irrigation district, being liable hereunder for failure to deliver water to landowner entitled thereto, is not liable for injury resulting from lawful application of water to land by owners. Spurrier v. Mitchell Irr. Dist., 119 Neb. 401, 229 N.W. 273, 74 A.L.R. 884 (1930).
Notice required by this section is in time, if filed within thirty days from time district had reasonable opportunity to make repair and negligently fails to do so, or, without reasonable excuse, signifies it will not be made. Six v. Bridgeport Irr. Dist., 105 Neb. 254, 179 N.W. 1014 (1920).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-161 - District boundaries; changes; inclusion of lands; petition; contents.

46-161.
District boundaries; changes; inclusion of lands; petition; contents.
The holder or holders of title or evidence of title representing one-half or more of any body of contiguous lands, adjacent to the boundary of an irrigation district and which taken together constitute one tract of land, may file with the board of directors of such district a petition in writing, praying that the boundaries of such district be changed to include their lands. The petition shall describe the boundaries of the parcel or tract of land and shall also describe the boundaries of the several parcels respectively owned by the petitioners, if the petitioners are the owners of distinct parcels, but such description need not be more particular than required when such lands are entered by the county assessor in the assessment book. Such petition shall contain the consent of the petitioners to the inclusion in such district of the parcels or tracts of land described in the petition and of which the petition alleges that they are respectively the owners and shall be acknowledged in the same manner that conveyances of land are required to be acknowledged.
Source
Laws 1895, c. 70, § 34, p. 291;
R.S.1913, § 3492;
Laws 1921, c. 273, § 1, p. 901;
C.S.1922, § 2892;
C.S.1929, § 46-137;
R.S.1943, § 46-161;
Laws 1999, LB 103, § 1.
Cross References
Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.
Assessment book, description of lands, see section 77-1613.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-162 - Inclusion of lands; notice; advance cost of proceeding, by whom paid.

46-162.
Inclusion of lands; notice; advance cost of proceeding, by whom paid.
The secretary of the board of directors shall cause notice of the filing of such petition to be given and published in the same manner and for the same time that notices of special elections for the issuance of bonds are required by section 46-194 to be published. The notice shall state the filing of such petition and the names of the petitioner, a description of the lands mentioned in the petition, and the prayers of the petition; and it shall notify all persons interested, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice, and show cause, in writing, if any they have, why the change in the boundaries of the district as proposed in the petition should not be made. The time to be specified in the notice at which they shall be required to show cause shall be the regular meeting of the board next after the expiration of the time for the publication of the notice. The petitioner shall advance to the secretary sufficient money to pay the estimated cost of all proceedings under sections 46-161 to 46-173.
Source
Laws 1895, c. 70, § 35, p. 291;
R.S.1913, § 3493;
C.S.1922, § 2893;
C.S.1929, § 46-138;
R.S.1943, § 46-162.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-163 - Inclusion of lands; hearing; assent of parties; when implied.

46-163.
Inclusion of lands; hearing; assent of parties; when implied.
The board of directors, at the time and place mentioned in the notice, or at such other time or times to which the hearing of the petition may be adjourned shall proceed to hear the petition, and all the objections thereto, presented in writing by any person, showing cause as aforesaid, why the proposed change of the boundaries of the district should not be made. The failure of any person interested in the district or in the matter of the proposed change of its boundaries, to show cause in writing as aforesaid, shall be deemed and taken as an assent on his part to the change of the boundaries of the district, as prayed for in the petition, or to such a change thereof as will include a part of the lands. The filing of such petition with the board as aforesaid shall be deemed and taken as an assent on the part of each and all of such petitioners to such a change of the boundaries that they may include the whole or any portion of the lands described in the petition.
Source
Laws 1895, c. 70, § 36, p. 292;
R.S.1913, § 3494;
C.S.1922, § 2894;
C.S.1929, § 46-139;
R.S.1943, § 46-163.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-164 - Inclusion of lands; payment of share of original cost to new district; when required.

46-164.
Inclusion of lands; payment of share of original cost to new district; when required.
The board of directors, to whom such petition is presented, may require as a condition precedent to the granting of the same, that the petitioners shall severally pay to such district such respective sums, as nearly as the same can be estimated, the several amounts to be determined by the board, as such petitioners or their grantors would have been required to pay to such district as assessments had such lands been included in such district at the time the same was originally formed.
Source
Laws 1895, c. 70, § 37, p. 293;
R.S.1913, § 3495;
C.S.1922, § 2895;
C.S.1929, § 46-140;
R.S.1943, § 46-164.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-165 - Inclusion of lands; action of board; order; contents.

46-165.
Inclusion of lands; action of board; order; contents.
The board of directors, if it deems it is not for the best interest of the district that a change of its boundaries be so made as to include therein the lands mentioned in the petition, shall order that the petition be rejected. If it deems it is for the best interest of the district that the boundaries of the district be changed and if no person interested in the proposed change of its boundaries shows cause in writing why the proposed change should not be made or if, having shown cause, such person withdraws the same, the board may order that the boundaries of the district be so changed as to include therein the lands mentioned in the petition, or some part thereof. The order shall describe the boundaries of the included lands and it shall clearly show the change in the boundaries of the district.
Source
Laws 1895, c. 70, § 38, p. 293;
R.S.1913, § 3496;
C.S.1922, § 2896;
C.S.1929, § 46-141;
R.S.1943, § 46-165;
Laws 1955, c. 182, § 1, p. 512.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-166 - Inclusion of lands; objection made; action of board.

46-166.
Inclusion of lands; objection made; action of board.
If any person interested in the district, or the proposed change of its boundaries shall show cause as aforesaid why such boundaries should not be changed, and shall not withdraw the same, and if the board of directors deems it for the best interest of the district that the boundaries thereof be so changed as to include therein the lands mentioned in the petition, or some part thereof, the board shall adopt a resolution to that effect. The resolution shall describe the exterior boundaries of the lands which the board is of the opinion should be included within the boundaries of the district when changed.
Source
Laws 1895, c. 70, § 39, p. 293;
R.S.1913, § 3497;
C.S.1922, § 2897;
C.S.1929, § 46-142;
R.S.1943, § 46-166.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-167 - Inclusion of lands; objection made; election required; notice; assent of Secretary of the Interior; when required.

46-167.
Inclusion of lands; objection made; election required; notice; assent of Secretary of the Interior; when required.
Upon the adoption of the resolution mentioned in section 46-166, the board shall order that an election be held within the district to determine whether the boundaries of the district shall be changed as mentioned in the resolution, and shall fix the time at which such election shall be held, and cause notice thereof to be given and posted and published, and such election shall be held and conducted, the returns thereof shall be made and canvassed, and the result of the election ascertained and declared, and all things pertaining thereto conducted in the manner prescribed by section 46-194 in case of a special election to determine whether bonds of an irrigation district shall be issued. The ballots cast at the election shall have the words For change of boundary, or Against change of boundary, or words equivalent thereto. The notice of election shall describe the boundaries in such manner and terms that it can be readily traced;
Provided,
that in case contract has been made between the district and the United States as provided in section 46-126 or 46-156, no change shall be made in the boundaries of the district and the board shall make no order changing the boundaries of the district until the Secretary of the Interior shall assent thereto in writing and such assent be filed with the board of directors.
Source
Laws 1895, c. 70, § 40, p. 294;
R.S.1913, § 3498;
Laws 1915, c. 69, § 10, p. 181;
C.S.1922, § 2898;
C.S.1929, § 46-143;
R.S.1943, § 46-167.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-168 - Inclusion of lands; result of vote; duty of board.

46-168.
Inclusion of lands; result of vote; duty of board.
If at such election a majority of all the votes cast at the election shall be against such change of the boundaries of the district, the board shall order that the petition be denied, and shall proceed no further in that matter. If a majority of such votes be in favor of such change of the boundaries of the district, the board shall thereupon order the boundaries of the district to be changed in accordance with the resolutions adopted by the board.
Source
Laws 1895, c. 70, § 41, p. 294;
R.S.1913, § 3499;
C.S.1922, § 2899;
C.S.1929, § 46-144;
R.S.1943, § 46-168;
Laws 1955, c. 182, § 2, p. 513.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-169 - Changed boundaries; copy of order filed in recorder's office; effect.

46-169.
Changed boundaries; copy of order filed in recorder's office; effect.
Upon a change of the boundaries of a district being made, a copy of the order of the board of directors ordering such change, certified by the president and secretary of the board, shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district, and thereupon the district shall be and remain an irrigation district as fully and to every intent and purpose as if the lands which are included in the district by the change of the boundaries, as aforesaid, had been included therein at the original organization of the district.
Source
Laws 1895, c. 70, § 42, p. 295;
R.S.1913, § 3500;
C.S.1922, § 2900;
C.S.1929, § 46-145;
R.S.1943, § 46-169.
Cross References
Original boundaries, filing of order, see section 46-111.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-170 - Changed boundaries; record; certified copy as evidence.

46-170.
Changed boundaries; record; certified copy as evidence.
Upon the filing of the copies of the order, as mentioned in section 46-169, the secretary shall record in the minutes of the board the petition aforesaid; and the minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the petition.
Source
Laws 1895, c. 70, § 43, p. 295;
R.S.1913, § 3501;
C.S.1922, § 2901;
C.S.1929, § 46-146;
R.S.1943, § 46-170.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-171 - Inclusion of lands; guardians, executors, and administrators; when authorized to sign petitions.

46-171.
Inclusion of lands; guardians, executors, and administrators; when authorized to sign petitions.
A guardian, executor or an administrator of an estate, who is appointed as such under the laws of this state, and who, as such guardian, executor or administrator, is entitled to the possession of the lands belonging to the estate which he represents, may, on behalf of his ward or the estate which he represents, upon being thereunto authorized by the proper court, sign and acknowledge the petition mentioned in section 46-161, and may show cause, as mentioned in section 46-166 why the boundaries of the district should not be changed.
Source
Laws 1895, c. 70, § 44, p. 295;
R.S.1913, § 3502;
C.S.1922, § 2902;
C.S.1929, § 46-147;
R.S.1943, § 46-171.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-172 - Inclusion of new land in district; redivision required; election precincts.

46-172.
Inclusion of new land in district; redivision required; election precincts.
In case of the inclusion of any land within any district by proceedings under section 46-161 the board of directors must, at least thirty days prior to the next succeeding general election, make an order redividing such 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 thereafter be elected by each division. For the purpose of elections the board of directors shall establish one or more election precincts in the districts and define the boundary or boundaries thereof, which may thereafter be changed from time to time as the board may deem necessary.
Source
Laws 1895, c. 70, § 45, p. 295;
R.S.1913, § 3503;
Laws 1919, c. 111, § 2, p. 274;
C.S.1922, § 2903;
C.S.1929, § 46-148;
R.S.1943, § 46-172.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-173 - District boundaries; changes; exclusion of lands; effect.

46-173.
District boundaries; changes; exclusion of lands; effect.
The boundaries of any irrigation district organized under the provisions of sections 46-101 to 46-128 may be changed and tracts of land included within the boundaries of such district, at or after its organization under the provisions of said sections, may be excluded therefrom in the manner prescribed in sections 46-174 to 46-184; but neither such change of the boundaries of the district nor such exclusion of lands from the district shall impair or affect its organization, or its rights in or to property, or any of its rights or privileges, of whatever kind or nature; nor shall it affect, impair or discharge any contract, obligation, lien or charge for or upon which it was or might become liable or chargeable, had such change of its boundaries not been made or had not any land been excluded from the district.
Source
Laws 1895, c. 70, § 46, p. 296;
R.S.1913, § 3491;
C.S.1922, § 2891;
C.S.1929, § 46-136;
R.S.1943, § 46-173.
Annotations
Equity will not interfere to separate nonirrigable lands from irrigation district in absence of showing that plaintiffs have sought to avail themselves of statutory method herein provided. 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 › 46-174 - Exclusion of lands; petition; form; contents.

46-174.
Exclusion of lands; petition; form; contents.
The owner or owners in fee of one or more tracts of land which constitute a portion of an irrigation district may file with the board of directors of the district a petition praying that such tracts and any other tracts contiguous thereto may be excluded and taken from the district. The petition shall describe the boundaries of the land which the petitioners desire to have excluded from the district and also the lands of each of such petitioners which are included within such boundaries, but the description of such lands need not be more particular or certain than is required when the lands are entered in the assessment book by the county assessor. Such petition must be acknowledged in the same manner and form as is required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as the acknowledgment of such conveyance.
Source
Laws 1895, c. 70, § 47, p. 296;
R.S.1913, § 3504;
Laws 1921, c. 272, § 1, p. 900;
C.S.1922, § 2904;
C.S.1929, § 46-149;
R.S.1943, § 46-174;
Laws 1999, LB 103, § 2.
Cross References
Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.
Assessment book, description of lands, see section 77-1613.
Annotations
This section does not preclude owner of land not benefited by irrigation from paying tax under protest and filing claim for refund, instead of moving to exclude such land from district, as remedy hereunder is not exclusive. Morrow v. Farmers Irr. Dist., 117 Neb. 424, 220 N.W. 680 (1928).
After district is duly organized, statutory procedure herein prescribed for detaching lands, other than nonirrigable, is exclusive. Sowerwine v. Central Irr. Dist., 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 › 46-175 - Exclusion of lands; notice; form; contents.

46-175.
Exclusion of lands; notice; form; contents.
The secretary of the board of directors shall cause a notice of the filing of such petition to be published for at least two weeks in some newspaper published in the county where the office of the board of directors is situated, and if any portion of such territory to be excluded lies within another county or counties, then the notice shall be so published in a newspaper published within each of such counties, or if no newspaper is published therein, then by posting such notice for the same time in at least three public places in the district, and in case of the posting of the notices, one of such notices must be posted on the lands proposed to be excluded. The notice shall state the filing of such petition, the names of the petitioners, description of the lands mentioned in such petition, and the prayer of the petition, and it shall notify all persons interested in, or that may be affected by such change of the boundaries of the district, to appear at the office of the board at a time named in the notice, and show cause in writing, if any they have, why the change in the boundaries of such district, as proposed in such petition, should not be made. The time to be specified in the notice at which they shall be required to show cause shall be at the regular meeting of the board next after the expiration of the time for the publication of the notice.
Source
Laws 1895, c. 70, § 48, p. 297;
R.S.1913, § 3505;
C.S.1922, § 2905;
C.S.1929, § 46-150;
R.S.1943, § 46-175.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-176 - Exclusion of lands; hearing; assent of parties; when implied; nonirrigable lands.

46-176.
Exclusion of lands; hearing; assent of parties; when implied; nonirrigable lands.
The board of directors, at the time or times to which the hearing of such petition may be adjourned, shall proceed to hear the petition and all objections thereto, presented in writing by the persons, showing cause as aforesaid, why the prayer of such petition should not be granted. The failure of any person interested in the district to show cause in writing why the tract or tracts of land mentioned in the petition should not be excluded from such district shall be deemed and taken as an assent by him to the exclusion of such tract or tracts of land, or any part thereof, from the district; and the filing of such petition with such board, as aforesaid, shall be deemed and taken as an assent by each and all of such petitioners to the exclusion from such district of the lands mentioned in the petition, or any part thereof;
Provided,
in no case shall any land be held by any district or taxed for irrigation purposes which cannot from any natural cause be irrigated thereby.
Source
Laws 1895, c. 70, § 49, p. 297;
R.S.1913, § 3506;
C.S.1922, § 2906;
C.S.1929, § 46-151;
R.S.1943, § 46-176.
Annotations
A determination that land cannot from any natural cause be irrigated requires an examination of the intrinsic characteristics of the land and cannot be based on external factors. Crouse v. Pioneer Irr. Dist., 272 Neb. 276, 719 N.W.2d 722 (2006).
Whether land cannot from any natural cause be irrigated must be determined from the facts in each case. Smith v. Frenchman-Cambridge Irr. Dist., 155 Neb. 270, 51 N.W.2d 376 (1952).
The question of nonirrigability of lands from natural causes can be raised in proceedings to foreclose tax sale certificate. Birdwood Irr. Dist. v. Brodbeck, 148 Neb. 824, 29 N.W.2d 621 (1947).
Government subdivision or other well-defined tract ought not to be included in irrigation district if, for natural causes, it is incapable of irrigation. Wight v. McGuigan, 94 Neb. 358, 143 N.W. 232 (1913).
Where party proceeds to have land detached, in order to defeat jurisdiction of board, it must be proved and found by court that land is nonirrigable, or exempted by statute. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-177 - Exclusion of lands; action of board.

46-177.
Exclusion of lands; action of board.
The board of directors, if it deems it not for the best interest of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district, shall order that the petition be denied; but if it deems it for the best interest of the district that the lands mentioned in the petition, or some portion thereof, be excluded from the district, and if no person interested in the district shows cause in writing why the lands or some portion thereof should not be excluded from the district, or if having shown cause withdraws the same, and also, if there are no outstanding bonds of the district and no contract between the district and the United States, then the board may order that the lands mentioned in the petition or some defined portion thereof, be excluded from the district.
Source
Laws 1895, c. 70, § 50, p. 298;
R.S.1913, § 3507;
Laws 1915, c. 69, § 11, p. 182;
C.S.1922, § 2907;
C.S.1929, § 46-152;
R.S.1943, § 46-177.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-178 - Exclusion of lands; assent of bondholders and Secretary of the Interior required, when; order of exclusion.

46-178.
Exclusion of lands; assent of bondholders and Secretary of the Interior required, when; order of exclusion.
If there are outstanding bonds of the district or if the district shall have entered into a contract with the United States, as provided in section 46-126 or 46-156, then the board may adopt a resolution to the effect that the board deems it to the best interests of the district that the lands mentioned in the petition, or some portion thereof, should be excluded from the district. The resolution shall describe such lands so that the boundaries thereof can be readily traced. The holders of such outstanding bonds may give their assent in writing to the effect that they severally consent that the board may make an order by which the lands mentioned in the resolution may be excluded from the district and in case a contract has been made with the United States, as aforesaid, the Secretary of the Interior may assent to such change. The assent may be acknowledged by the several holders of such bonds in the same manner and form as are required in case of a conveyance of land, and the acknowledgment shall have the same force and effect as evidence as an acknowledgment of such conveyance, except the assent of the Secretary of the Interior need not be acknowledged. The assent must be filed with the board and must be recorded in the minutes of the board; and such minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as the assent; but if such assent of the bondholders and, in case of contract with the United States such assent of the Secretary of the Interior, is not filed, the board shall deny and dismiss the petition.
Source
Laws 1895, c. 70, § 51, p. 298;
R.S.1913, § 3508;
Laws 1915, c. 69, § 12, p. 182;
C.S.1922, § 2908;
C.S.1929, § 46-153;
R.S.1943, § 46-178.
Cross References
Acknowledgment of deeds, see sections 76-211 and 76-216 to 76-236.
Annotations
Legislature has recognized principle that lands subject to irrigation bonds when issued could not afterwards be exempted from liability therefor, by exclusion from district, without impairing obligation of contract. Erickson v. Nine Mile Irr. Dist., 109 Neb. 189, 190 N.W. 573 (1922).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-179 - Exclusion of lands; objection made; action of board; election required; notice; procedure.

46-179.
Exclusion of lands; objection made; action of board; election required; notice; procedure.
If the assent of the holders of the bonds is filed and entered of record as provided in section 46-178, and if there are objections presented by any person showing cause which have not been withdrawn, then the board of directors may order an election to be held in the irrigation district to determine whether an order shall be made excluding such lands from the district as mentioned in the resolution. The notice of such election shall describe the boundaries of all the lands which it is proposed to exclude, and such notice shall be published for at least two weeks prior to such election in a newspaper of general circulation within the county where the office of the board of directors is situated; and if any portion of such territory to be excluded lies within another county or counties, then such notice shall be so published in a newspaper of general circulation in each of such counties. Such notice shall require the electors to cast ballots which shall contain the words For exclusion, or Against exclusion, or words equivalent thereto. Such election shall otherwise be conducted in accordance with sections 46-115 to 46-118.
Source
Laws 1895, c. 70, § 52, p. 299;
R.S.1913, § 3509;
C.S.1922, § 2909;
C.S.1929, § 46-154;
R.S.1943, § 46-179;
Laws 2015, LB561, § 10.
Cross References
For election laws, see Chapter 32.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-180 - Exclusion of lands; result of vote; order of board.

46-180.
Exclusion of lands; result of vote; order of board.
If at such election a majority of all votes cast shall be against the exclusion of the lands from the district, the board shall deny and dismiss the petition and proceed no further in the matter, but if a majority of such votes shall be in favor of the exclusion of the lands from the district the board shall thereupon order that the lands mentioned in the resolution be excluded from the district. The order shall describe the boundaries of the district, should the exclusion of the lands from the district change the boundaries of the district, and for that purpose the board may cause a survey to be made of such portions of the boundaries as the board may deem necessary.
Source
Laws 1895, c. 70, § 53, p. 300;
R.S.1913, § 3510;
C.S.1922, § 2910;
C.S.1929, § 46-155;
R.S.1943, § 46-180.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-181 - Exclusion of lands; copy of order filed with recorder; effect.

46-181.
Exclusion of lands; copy of order filed with recorder; effect.
Upon the entry in the minutes of the board of any of the orders hereinbefore mentioned, a copy thereof certified by the president and secretary of the board shall be filed for record in the recorder's office of each county within which are situated any of the lands of the district; and thereupon the district shall be and remain an irrigation district as fully, to every intent and purpose, as it would be had no change been made in the boundaries of the district, or had the lands excluded therefrom never constituted a portion of the district.
Source
Laws 1895, c. 70, § 54, p. 300;
R.S.1913, § 3511;
C.S.1922, § 2911;
C.S.1929, § 46-156;
R.S.1943, § 46-181.
Cross References
Original boundaries, filing of order, see section 46-111.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-182 - Order of exclusion; vacancy in office of director; when created; how filled.

46-182.
Order of exclusion; vacancy in office of director; when created; how filled.
If the land excluded from any district shall embrace the greater portion of any division or divisions of such district, then the office of director for such division shall become and be vacant at the expiration of ten days from the final order of the board excluding the lands, and such vacancies shall be filled by appointment by the county board of the county where the office of such board is situated from the district at large. A director appointed as above provided shall hold his office until the next regular election for the district, and until his successor is elected and qualified.
Source
Laws 1895, c. 70, § 55, p. 300;
R.S.1913, § 3512;
C.S.1922, § 2912;
C.S.1929, § 46-157;
R.S.1943, § 46-182.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-183 - Exclusion of lands; redivision required; election precincts.

46-183.
Exclusion of lands; redivision required; election precincts.
At least thirty days before the next general election of such district, the board of directors thereof shall make an order dividing such district into three divisions as nearly equal in size as practicable, which shall be numbered first, second and third, and one director shall be elected by each division. For the purpose of election in such district the board of directors shall establish one or more election precincts, and define the boundary or boundaries thereof, which precincts may be changed from time to time, as the board of directors may deem necessary.
Source
Laws 1895, c. 70, § 56, p. 301;
R.S.1913, § 3513;
Laws 1919, c. 111, § 3, p. 274;
C.S.1922, § 2913;
C.S.1929, § 46-158;
R.S.1943, § 46-183.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-184 - Exclusion of lands; assessments; refund; when allowed; procedure.

46-184.
Exclusion of lands; assessments; refund; when allowed; procedure.
In case of the exclusion of any lands under the provisions of sections 46-173 to 46-183, there shall be refunded to any and all persons who have paid any assessment or assessments to such district, or any land so excluded, any sum or sums so paid. Such payments shall be made in the same manner as other claims against such district, and from such fund or funds as the board of directors may designate;
Provided,
where such parties have realized benefits from the organization and operation of the district, the value of such benefits shall be deducted from the assessments paid in by such parties, and the balance, if any, refunded.
Source
Laws 1895, c. 70, § 58, p. 301;
R.S.1913, § 3514;
C.S.1922, § 2914;
C.S.1929, § 46-159;
R.S.1943, § 46-184.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-185 - Discontinuance of district; petition; special election; notice; procedure.

46-185.
Discontinuance of district; petition; special election; notice; procedure.
Whenever a majority of the assessment payers, representing a majority of the number of acres of irrigable land within any irrigation district, petition the board of directors to call a special election for the purpose of submitting to the electors of such irrigation district a proposition to vote on the discontinuance of such irrigation district and a settlement of its bonded and other indebtedness, the board of directors shall call an election, setting forth the object of the same, and cause a notice of such election to be published in some newspaper of general circulation in each of the counties in which the district is located, for a period of thirty days prior to such election, setting forth the time and place for holding such election in each of the voting precincts in the district, and shall also cause a written or printed notice of such election to be posted in some conspicuous place in each of the voting precincts. The board of directors shall provide ballots to be used at such election on which shall be written or printed the words For discontinuance ..... Yes, and For discontinuance ..... No. The election shall otherwise be conducted in accordance with sections 46-115 to 46-118.
Source
Laws 1897, c. 91, §§ 1, 2, p. 372;
Laws 1903, c. 123, § 1, p. 625;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-185;
Laws 2015, LB561, § 11.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-186 - Discontinuance of district; result of election; resubmission; sale of property; appointment of appraisers; notice of sale.

46-186.
Discontinuance of district; result of election; resubmission; sale of property; appointment of appraisers; notice of sale.
If a majority of the votes shall be For discontinuance ...... No, there shall not be another election upon the question of a discontinuance of the district during the year in which such election was held. If a majority of the votes are For discontinuance ...... Yes, then the board shall immediately notify all persons having claims against the district of the result of such election, and may proceed to adjust, settle and compromise any and all such claims, in whatever form the indebtedness of such district may be. For the purpose of raising money to pay any and all indebtedness of the district, such board may sell and dispose of the canal franchises and other property belonging to the district at not less than a valuation to be fixed by a board of three appraisers, one member of which shall be appointed by the board of directors of such district, and one shall be appointed by the county board of the county in which the district was originally organized, which two appraisers shall elect a third. The board of appraisers shall be sworn by the county clerk of the county, to appraise the canal franchises and other property of the district at their cash value; and as soon thereafter as practicable, the appraisers shall make an appraisement, and report in writing their appraisement of all the property owned by the district to the board of directors. The board shall advertise the property for sale at least four weeks in such a manner as in the judgment of the board shall be to the best interest of the district; and shall state in such advertisement a description of the property, and the time and place when bids in writing for the same shall be opened and considered, and bids orally received and considered.
Source
Laws 1897, c. 91, § 3, p. 372;
Laws 1903, c. 123, § 1, p. 626;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-186.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-187 - Discontinuance of district; sale of property; opening of bids; sale by private negotiation.

46-187.
Discontinuance of district; sale of property; opening of bids; sale by private negotiation.
At the time designated in such notice, or as soon thereafter as such board can meet, it shall open and consider all bids received for the purchase of the property and it shall have the power to reject any and all bids for such property which are not in the judgment of the board a fair and just consideration for the property. After bids are thus rejected by the board, it may by private negotiations with any person, persons or corporation, sell and convey, by deed executed by such board, all of the property, for part cash and part in deferred payments, bearing the same interest as the bonded indebtedness of such district; and in case the district has no bonded indebtedness, the interest upon such deferred payments shall be such as may be agreed upon by the board and the purchaser, not exceeding the rate allowed by law.
Source
Laws 1903, c. 123, § 1, p. 627;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-187.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-188 - Discontinuance of district; sale of property; deferred payments lien on property sold; additional security.

46-188.
Discontinuance of district; sale of property; deferred payments lien on property sold; additional security.
Such deferred payments shall be a lien upon all of the property thus sold by the board which shall have the same force and effect as a mortgage against such property and may, when due, be foreclosed in the same manner provided by law for the foreclosure of mortgages. In addition to such lien, the board of directors may require the purchaser of the property to furnish the district with such additional security upon all deferred payments as in its judgment shall make such payments secure. All notes, bonds, mortgages and other securities shall be made out to and in the name of the irrigation district, and shall be, together with the money received by such sale, deposited with the county treasurer of the county in which the district was originally organized.
Source
Laws 1903, c. 123, § 1, p. 628;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-188.
Cross References
For action to foreclose mortgage, see sections 25-2137 to 25-2155.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-189 - Discontinuance of district; sale of property; action to collect purchase price; in whose name brought.

46-189.
Discontinuance of district; sale of property; action to collect purchase price; in whose name brought.
All suits at law or equity brought for the purpose of collecting such evidences of indebtedness, shall be brought in the name of such district by counsel employed by the district board; and in case the board shall be disorganized, such employment shall be by the board of such county.
Source
Laws 1903, c. 123, § 1, p. 628;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-189.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-190 - Discontinuance of district; assets of district used to pay debts; procedure; unused funds; distribution.

46-190.
Discontinuance of district; assets of district used to pay debts; procedure; unused funds; distribution.
After a sale of the property and franchises of the district, the board of directors shall, with the amount realized from such sale, together with such other funds as such district may have, make settlement, payment, and redemption, if possible, of all outstanding bonded and other indebtedness of the district, but shall in no case pay more than the market value of such outstanding bonds with interest up to the time of payment. In cases when bonds not yet due cannot be redeemed by reason of the refusal of the owner thereof to surrender them before due, the board may invest the surplus money of the district, after paying all debts that can be paid, in state, county, or other safe bonds, bearing the same or greater rate of interest, if possible, than the district bonds thus outstanding, for the purpose of paying such outstanding bonds of the district when due. In case the amount realized from the sale of such district property, together with other money of the district, is insufficient for the payment of all the indebtedness of the district, assessments shall continue to be made against the lands included in the district in the manner provided by law for assessments to pay bonds and other indebtedness of irrigation districts until a sufficient amount is raised to fully pay all obligations of such district.
Any balance of funds remaining after the sale or disposition of all property belonging to the district and after all obligations and indebtedness of the district have been paid or discharged shall be distributed by the county treasurer to all assessment payers of the district of record as of the date of the filing in the office of the Department of Natural Resources of the report referred to in section 46-192. Such distribution shall be made pro rata in accordance with the number of acres of irrigable land owned within the district as of the date of the last assessment against such land for the district prior to the date of the filing of such report.
Source
Laws 1903, c. 123, § 1, p. 628;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-190;
Laws 1979, LB 66, § 1;
Laws 2000, LB 900, § 88.
Annotations
In tax sale foreclosure, property remains liable for payment of future assessments by irrigation district to discharge irrigation bonds. County of Garden v. Schaaf, 145 Neb. 676, 17 N.W.2d 874 (1945).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-191 - Discontinuance of district; obligations incurred after April 8, 1903; subject to redemption upon discontinuance.

46-191.
Discontinuance of district; obligations incurred after April 8, 1903; subject to redemption upon discontinuance.
In all cases where bonds and other obligations of irrigation districts were issued after April 8, 1903, such bonds and obligations shall become subject to redemption by the board of directors of any irrigation district, as soon as the property and franchise of such district shall be sold after such district has elected to discontinue as a district, as herein provided.
Source
Laws 1903, c. 123, § 1, p. 629;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-191.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-192 - Discontinuance of district; final report by board; property rights; disposition; claims barred after one year.

46-192.
Discontinuance of district; final report by board; property rights; disposition; claims barred after one year.
After all the property of the district is disposed of as provided in sections 46-186 to 46-188, except for any balance of funds remaining after all of the obligations of such district have been paid, the directors of such district shall file in the office of the county clerk of each county in which such district is located, and in the office of the Department of Natural Resources, a report attested by the secretary of the board, stating that the district has disposed of its property and franchises, except for any balance of funds remaining, and has discontinued operation, which report shall be recorded in the miscellaneous record of such counties. Each easement and right-of-way, whether owned by the district in fee or otherwise, shall automatically be terminated and extinguished and such interest together with any canal or other structure shall become the property of the owner of the land upon which such easement, right-of-way, canal, or other structure is located or, if owned in fee by the district, shall become the property of the owner of the land adjacent thereto, upon the filing of the report with the department. If any person has any claim against such district which is not settled or disposed of at the time of the filing of such report and such person fails or neglects to bring suit upon such claim within one year after the time of the filing of such report, such claim or claims shall be forever barred as against such district as well as against all persons and property therein.
Source
Laws 1903, c. 123, § 1, p. 629;
R.S.1913, § 3521;
C.S.1922, § 2921;
C.S.1929, § 46-166;
R.S.1943, § 46-192;
Laws 1979, LB 66, § 2;
Laws 2000, LB 900, § 89.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-193 - Plan of operation; construction work; survey and estimate; report by Director of Natural Resources.

46-193.
Plan of operation; construction work; survey and estimate; report by Director of Natural Resources.
As soon as practicable after the organization of any such district, the board of directors shall, by a resolution entered on its record, formulate a general plan of its proposed operation in which it shall state (1) what constructed works or other property it proposes to purchase and the cost of purchasing the same and (2) what construction work it proposes to do and how it proposes to raise the funds for carrying out such plan. For the purpose of ascertaining the cost of any such construction work, the board shall cause such surveys, examinations, and plans to be made as will demonstrate the practicability of such plan and furnish the proper basis for an estimate of the costs of carrying out the same. All such surveys, examinations, maps, plans, and estimates shall be made under the direction of a competent irrigation engineer and certified by the engineer. The board shall then submit a copy of the same to the Director of Natural Resources within ninety days thereafter, who shall file a report upon the same with the board, which report shall contain such matters as in the judgment of the director may be desirable.
Source
Laws 1909, c. 155, § 2, p. 561;
Laws 1911, c. 160, § 1, p. 529;
R.S.1913, § 3469;
C.S.1922, § 2869;
C.S.1929, § 46-113;
R.S.1943, § 46-193;
Laws 2000, LB 900, § 90.
Annotations
Refusal of district court to validate issue of bonds of irrigation district was sustained, because feasible plan of irrigation was not presented. Kinnan v. France, 113 Neb. 99, 202 N.W. 452 (1925).
District may employ engineer to survey and make plans. Such work is preliminary and paid out of construction fund. Willow Springs Irr. Dist. v. Wilson, 74 Neb. 269, 104 N.W. 165 (1905).