reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-746 - Violations; civil penalty.

46-746.
Violations; civil penalty.
(1) Any person who violates any cease and desist order issued by a district pursuant to section 46-707 or any controls, rules, or regulations adopted by a natural resources district relating to a management area shall be subject to the imposition of penalties imposed through the controls adopted by the district, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part. Before a district takes any action, notice and hearing shall be provided to such person.
(2) Any person who violates any of the provisions of sections 46-721 to 46-733 for which a penalty is not otherwise provided, other than the requirements imposed on a district, the Director of Natural Resources, or the Department of Natural Resources, shall be subject to a civil penalty of not more than five hundred dollars. Each day of continued violation shall constitute a separate offense.
Source
Laws 1986, LB 894, § 16;
R.S.1943, (1993), § 46-674.17;
Laws 1996, LB 108, § 69;
Laws 2000, LB 900, § 216;
R.S.Supp.,2002, § 46-656.63;
Laws 2004, LB 962, § 86.
Annotations
A natural resources district may enforce a ground water user's obligations by imposing penalties, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part by utilizing the procedure adopted in the rules and regulations of the natural resources district. It is unnecessary for a natural resources district to promulgate rules and regulations restating the potential penalty of restricting a violator's ground water access. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019).
The Ground Water Management and Protection Act does not limit the possibility of judicial review of the determination of penalties, and such review is conducted de novo. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-747 - Hearings; subject to review.

46-747.
Hearings; subject to review.
All hearings conducted pursuant to the Nebraska Ground Water Management and Protection Act shall be of record and available for review.
Source
Laws 1975, LB 577, § 13;
Laws 1984, LB 1071, § 10;
R.S.1943, (1993), § 46-668;
Laws 1996, LB 108, § 70;
R.S.1943, (1998), § 46-656.64;
Laws 2004, LB 962, § 87.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-748 - Rules and regulations.

46-748.
Rules and regulations.
The Director of Natural Resources shall adopt and promulgate, in accordance with the Administrative Procedure Act, such rules and regulations as are necessary to the discharge of duties assigned to the director or the Department of Natural Resources by the Nebraska Ground Water Management and Protection Act.
Source
Laws 1996, LB 108, § 68;
Laws 2000, LB 900, § 215;
R.S.Supp.,2002, § 46-656.62;
Laws 2004, LB 962, § 88.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-749 - Administration of act; compliance with other laws.

46-749.
Administration of act; compliance with other laws.
In the administration of the Nebraska Ground Water Management and Protection Act, all actions of the Director of Environment and Energy, the Director of Natural Resources, and the districts shall be consistent with the provisions of section 46-613.
Source
Laws 1975, LB 577, § 16;
Laws 1984, LB 1071, § 13;
R.S.1943, (1993), § 46-671;
Laws 1996, LB 108, § 71;
Laws 2000, LB 900, § 217;
R.S.Supp.,2002, § 46-656.65;
Laws 2004, LB 962, § 89;
Laws 2019, LB302, § 43.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-750 - Appeal; procedure.

46-750.
Appeal; procedure.
Any person aggrieved by any order of the district, the Director of Environment and Energy, or the Director of Natural Resources issued pursuant to the Nebraska Ground Water Management and Protection Act may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.
Source
Laws 1975, LB 577, § 14;
Laws 1984, LB 1071, § 11;
Laws 1988, LB 352, § 78;
R.S.1943, (1993), § 46-669;
Laws 1996, LB 108, § 72;
Laws 2000, LB 900, § 218;
R.S.Supp.,2002, § 46-656.66;
Laws 2004, LB 962, § 90;
Laws 2019, LB302, § 44.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
In a review de novo on the record, a district court is not limited to a review subject to the narrow criteria found in section 84-917(6)(a), but is required to make independent factual determinations based upon the record and reach its own independent conclusions with respect to the matters at issue. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
Upon an appeal from an order of a natural resources district, a district court reviews the natural resources district's decision de novo on the record of the natural resources district. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
Where a natural resources district held a hearing and received formal proof regarding the merits of a request for a variance, its order denying the variance request was judicial in nature and was appealable to the district court. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-751 - Ground Water Management Fund; created; use; investment.

46-751.
Ground Water Management Fund; created; use; investment.
All fees paid to the Director of Natural Resources pursuant to the Nebraska Ground Water Management and Protection Act shall be remitted to the State Treasurer for credit to the Ground Water Management Fund which is hereby created and which shall be administered by the director. Any money credited to the fund may be utilized by the director for payments of expenses incurred in the administration of the act. Any money in the 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.
Source
Laws 1975, LB 577, § 15;
Laws 1984, LB 1071, § 12;
Laws 1995, LB 7, § 42;
R.S.Supp.,1995, § 46-670;
Laws 1996, LB 108, § 39;
Laws 2000, LB 900, § 200;
R.S.Supp.,2002, § 46-656.33;
Laws 2004, LB 962, § 91.
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 › 46-753 - Water Resources Trust Fund; created; use; investment; matching funds required; when.

46-753.
Water Resources Trust Fund; created; use; investment; matching funds required; when.
(1) The Water Resources Trust Fund is created. The State Treasurer shall credit to the fund such money as is specifically appropriated thereto by the Legislature, transfers authorized by the Legislature, and such funds, fees, donations, gifts, or bequests received by the Department of Natural Resources from any federal, state, public, or private source for expenditure for the purposes described in the Nebraska Ground Water Management and Protection Act. Money in the fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium. Any money in the 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.
(2) The fund shall be administered by the department. The department may adopt and promulgate rules and regulations regarding the allocation and expenditure of money from the fund.
(3) Money in the fund may be expended by the department for costs incurred by the department, by natural resources districts, or by other political subdivisions in (a) determining whether river basins, subbasins, or reaches are fully appropriated in accordance with section 46-713, (b) developing or implementing integrated management plans for such fully appropriated river basins, subbasins, or reaches or for river basins, subbasins, or reaches designated as overappropriated in accordance with section 46-713, (c) developing or implementing integrated management plans in river basins, subbasins, or reaches which have not yet become either fully appropriated or overappropriated, or (d) attaining state compliance with an interstate water compact or decree or other formal state contract or agreement.
(4) Except for funds paid to a political subdivision for forgoing or reducing its own water use or for implementing projects or programs intended to aid the state in complying with an interstate water compact or decree or other formal state contract or agreement, a political subdivision that receives funds from the fund shall provide, or cause to be provided, matching funds in an amount at least equal to twenty percent of the amount received from the fund by that natural resources district or political subdivision. The department shall monitor programs and activities funded by the fund to ensure that the required match is being provided.
Source
Laws 2004, LB 962, § 93;
Laws 2010, LB1057, § 4;
Laws 2011, LB2, § 3;
Laws 2019, LB319, § 2.
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 › 46-754 - Interrelated Water Management Plan Program; created; grants; commission; duties; use.

46-754.
Interrelated Water Management Plan Program; created; grants; commission; duties; use.
The Interrelated Water Management Plan Program is created for the purpose of facilitating and funding the duties of districts arising under the Nebraska Ground Water Management and Protection Act. The program shall function as a grant program administered by the Nebraska Natural Resources Commission and the Department of Natural Resources upon recommendations of the commission using funds appropriated for the program. The commission shall develop guidelines and limitations for grant requests for funding such district's duties, including studies required to carry out those duties. Grant requests shall be made to the commission for review in a manner and form prescribed by the commission. The amounts requested and approved shall be supported by a minimum local revenue match comprising twenty percent of the total project cost. The Director of Natural Resources shall expend funds to implement the commission's recommendations for fiscal support under the program only upon the commission's approval.
Source
Laws 2006, LB 1226, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-756 - Ground water augmentation project; public hearing; notice.

46-756.
Ground water augmentation project; public hearing; notice.
On and after April 17, 2014, a board shall not vote to enter into a ground water augmentation project without conducting a public hearing on the project, with notice of the hearing given as provided in section 46-743.
Source
Laws 2014, LB1098, § 16.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-801 - Natural lakes; drainage; diversion; application.

46-801.
Natural lakes; drainage; diversion; application.
No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or other purpose than the bed of such lake would have for agricultural purposes. Any person intending to drain, lower, divert, or in any way reduce the waters or water supply of any natural or perennial lake shall, before commencing the construction of any such work for drainage or diversion, make application to the Department of Natural Resources for a permit to do so.
Source
Laws 1919, c. 190, tit. VII, art. V, § 1, p. 857;
C.S.1922, § 8480;
C.S.1929, § 81-6401;
R.S.1943, § 81-702;
Laws 1957, c. 365, § 14, p. 1239;
Laws 1994, LB 1165, § 21;
Laws 2000, LB 900, § 225.
Annotations
Drainage of natural lake may be enjoined. Lackaff v. Bogue, 158 Neb. 174, 62 N.W.2d 889 (1954).
Drainage of natural lakes covering an area in excess of twenty acres is governed by this section. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
Whether water constitutes natural or perennial lake, requiring permit under this section before attempting to drain same, is question of fact to be determined from evidence. Beem v. Davis, 111 Neb. 96, 195 N.W. 948 (1923).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-802 - Application; recording; investigation.

46-802.
Application; recording; investigation.
On the receipt of such application in the form prescribed by the Department of Natural Resources, the department shall cause the same to be recorded in its office. The department shall make a careful examination to ascertain whether it sets forth all the facts necessary to enable the department to determine the nature and extent of the proposed work of drainage and diversion. If such an examination shows the application to be in any way defective, it shall return the same to the applicant for correction.
Source
Laws 1919, c. 190, tit. VII, art. V, § 2, p. 858;
C.S.1922, § 8481;
C.S.1929, § 81-6402;
R.S.1943, § 81-703;
Laws 1957, c. 365, § 15, p. 1239;
Laws 2000, LB 900, § 226.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-803 - Application; approval; when authorized.

46-803.
Application; approval; when authorized.
If the proposed work of drainage or diversion will not result in injury or damage to any person and will not be otherwise detrimental to the public welfare but will result in economic benefit to the state, the Department of Natural Resources shall approve the same by endorsement thereon. It shall make a record of such endorsement thereon in some proper manner in its office. It shall also return the same so endorsed to the applicant. Such applicant shall, upon receipt thereof, be authorized to proceed with the work and to take such measures as may be necessary to its completion.
Source
Laws 1919, c. 190, tit. VII, art. V, § 3, p. 858;
C.S.1922, § 8482;
C.S.1929, § 81-6403;
R.S.1943, § 81-704;
Laws 1957, c. 365, § 16, p. 1240;
Laws 2000, LB 900, § 227.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-804 - Application; rejection; when authorized.

46-804.
Application; rejection; when authorized.
If it appears to the Department of Natural Resources that the proposed works of drainage or diversion will result in injury or damage to any person or will be detrimental to the public welfare and not result in economic benefit to the state, the department shall refuse to approve the application. The party making such application shall not prosecute such work so long as such refusal shall continue in force.
Source
Laws 1919, c. 190, tit. VII, art. V, § 4, p. 858;
C.S.1922, § 8483;
C.S.1929, § 81-6404;
R.S.1943, § 81-705;
Laws 1957, c. 365, § 17, p. 1240;
Laws 2000, LB 900, § 228.
Annotations
Permit to drain natural lake should not be granted where it will result in damage to another person. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-805 - Appeal; procedure.

46-805.
Appeal; procedure.
An applicant, feeling himself or herself aggrieved by the endorsement made upon his or her application, may take an appeal therefrom to the district court of the county in which the proposed works may be situated. Such appeal shall otherwise be governed by the Administrative Procedure Act.
Source
Laws 1919, c. 190, tit. VII, art. V, § 5, p. 858;
C.S.1922, § 8484;
C.S.1929, § 81-6405;
R.S.1943, § 81-706;
Laws 1957, c. 365, § 18, p. 1240;
Laws 1988, LB 352, § 81.
Cross References
Administrative Procedure Act, see section 84-920.
Annotations
On appeal to the district court, trial is de novo. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-806 - Sections; when inapplicable.

46-806.
Sections; when inapplicable.
In the event that the ownership of all the land used for drainage construction and of all the land forming the shoreline and the bed of said lake or lakes is vested in the person performing said work of drainage or diversion, the provisions of sections 46-801 to 46-807 do not apply.
Source
Laws 1919, c. 190, tit. VII, art. V, § 6, p. 859;
C.S.1922, § 8485;
C.S.1929, § 81-6406;
R.S.1943, § 81-707.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-807 - Violations; penalty.

46-807.
Violations; penalty.
Any person violating the provisions of sections 46-801 to 46-807 shall be guilty of a Class II misdemeanor.
Source
Laws 1919, c. 190, tit. VII, art. V, § 7, p. 859;
C.S.1922, § 8486;
C.S.1929, § 81-6407;
R.S.1943, § 81-708;
Laws 1977, LB 40, § 268.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1001 - Terms, defined.

46-1001.
Terms, defined.
As used in sections 46-1001 to 46-1020, unless the context otherwise requires:
(1) District means a rural water district organized pursuant to sections 46-1001 to 46-1020;
(2) Board means the governing body of a district;
(3) The terms county board and county clerk mean, respectively, the county board and county clerk of the county in which the greatest portion of the territory of any existing or proposed rural water district is located;
(4) Participating member means an individual, firm, partnership, limited liability company, association, or corporation which owns land located within a district and which has subscribed to one or more benefit units of such district; and
(5) Director means the Director of Natural Resources.
Source
Laws 1967, c. 279, § 1, p. 747;
Laws 1993, LB 121, § 280;
Laws 2000, LB 900, § 229.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1001.01 - Rural water districts organized prior to June 30, 1972; effect.

46-1001.01.
Rural water districts organized prior to June 30, 1972; effect.
After June 30, 1972, no new rural water districts shall be organized under the provisions of sections 46-1001 to 46-1020. Attempted formations of rural water districts under sections 46-1001 to 46-1020 which have not been completed before July 1, 1972, shall be null, void and of no effect for the purpose of organizing such district. All rural water districts having valid corporate existence before July 1, 1972, shall enjoy all rights, duties, powers and authorities conferred by sections 46-1001 to 46-1020 and shall not be affected by this section, nor shall the legality of formation, organization, or operation of any such district be subject to any legal action based on this section.
Source
Laws 1969, c. 9, § 64, p. 135;
Laws 1971, LB 544, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1002 - Rural water districts; petition.

46-1002.
Rural water districts; petition.
The county board of each county in this state shall, upon a proper petition being presented, incorporate and organize rural water districts in the manner provided by sections 46-1001 to 46-1020. No such district shall be incorporated when its boundaries lie within five miles of any incorporated city of the metropolitan, primary, or first class, within two miles of any incorporated city of the second class, or within one mile of any incorporated village until approval has been given by the governing body of the city or village.
Source
Laws 1967, c. 279, § 2, p. 748;
Laws 1972, LB 1239, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1003 - District; petition; contents.

46-1003.
District; petition; contents.
A petition addressed to the county board praying for the incorporation of a district, signed by or on behalf of at least fifty percent of the owners of the land within the proposed district may be filed with the county clerk. The petition shall define the boundaries of the proposed district and shall state (1) that the lands within such boundaries are without an adequate water supply; (2) that the construction and maintenance of ponds or reservoirs or pipelines or wells or check dams or pumping installations, or any other facility for water storage, transportation or utilization, or that the construction and maintenance of any combination of such projects is necessary for the improvement of the area; and (3) that such improvement or works will be conducive to and will promote the public health, convenience and welfare.
Source
Laws 1967, c. 279, § 3, p. 748.
Annotations
The Rural Water District Act does not require the district to obtain a permit to dig wells for the purpose of supplying water to its patrons in need thereof; rather, the act specifically authorizes the transportation of water into another district for that purpose. McDowell v. Rural Water District No. 2, 204 Neb. 401, 282 N.W.2d 594 (1979).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1004 - District; petition; county clerk; notice; contents.

46-1004.
District; petition; county clerk; notice; contents.
Whenever a petition as provided in section 46-1003 is filed with the county clerk, the county clerk shall thereupon give notice to the county board of the filing and pendency of such petition and the county board shall forthwith fix a time and place within thirty days after the date of filing of the petition for a hearing of the same, and the county clerk shall, at least seven days before the date fixed for such hearing, give or send by registered or certified mail written notice thereof to each of the petitioners and shall transmit to the director one copy of the petition and notice of the time and place the same is set for consideration. The county clerk shall also, at least seven days before the date fixed for such hearing, cause to be published in a newspaper of general circulation in the county a notice of the hearing. The published notice shall (1) define the boundaries of the proposed district; (2) state the time and place of hearing; (3) state that all owners of land within such boundaries may appear and be heard; and (4) state that a rural water district, if incorporated, shall have no power or authority to levy any taxes whatsoever.
Source
Laws 1967, c. 279, § 4, p. 748;
Laws 2000, LB 900, § 230.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1005 - District; hearing; order.

46-1005.
District; hearing; order.
At the time and place set for the hearing and consideration of the petition, it shall be the duty of the county board to ascertain (1) whether proper notice of the hearing has been given to the signers of the petition, the director, and the landowners in the district as required by section 46-1004; (2) whether lands within the area defined in the petition are without an adequate water supply; (3) whether the construction and maintenance of ponds, reservoirs, pipelines, wells, check dams, pumping installations, or any other facility for the storage, transportation, or utilization of water or the construction and maintenance of any combination of such proposed projects are necessary for the improvement of the area. The county board shall make no affirmative finding that any proposed project is necessary if the construction and maintenance of such project would encourage the cultivation of lands which are submarginal and which should be devoted to other uses in the public interest. The county board shall make no affirmative finding that any proposed project is necessary unless the director has approved such project; (4) whether such improvement or works will be conducive to and will tend to promote the public health, convenience, and welfare; and (5) whether the boundaries of the proposed district lie within five miles of any incorporated city or village and whether approval for incorporation of the district has been given by the governing body of such city or village. If upon such consideration it is found that such petition is in conformity with the requirements of sections 46-1001 to 46-1020, the county board shall thereupon immediately declare the district within the boundaries defined in the petition to constitute a public corporation and to be incorporated as a rural water district under the name of Rural Water District No. ......, .......... County, Nebraska (inserting number in order of incorporation and name of county) and thereupon shall enter upon its records full minutes of such hearing, together with a declaration that thenceforth such district shall constitute a body politic and corporate under such corporate name for the purposes of sections 46-1001 to 46-1020.
Source
Laws 1967, c. 279, § 5, p. 749;
Laws 2000, LB 900, § 231.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1006 - Board of directors; selection; bylaws; adopt.

46-1006.
Board of directors; selection; bylaws; adopt.
Immediately following the granting of incorporation by the county board, the owners of land within any such district shall select from their number a board of directors. The number of members on such board, not to exceed nine, shall be determined by majority vote of those owners of land present;
Provided,
any original director who shall fail to subscribe to one or more benefit units and pay the established unit fee for each unit to which he subscribes within thirty days after entry in the minutes of the board of a declaration of availability of such benefit units for subscription, shall forfeit his office. Within thirty days after the election of the original board, proposed bylaws shall be submitted for adoption at a special meeting of owners of land located within the district, written notice of which shall be mailed to each such landowner. Those owners of land located within the district present at such special meeting may adopt and amend any of such proposed bylaws and may propose and adopt additional or other bylaws. Such bylaws may be amended at any annual or special meeting of the participating members of the district.
Source
Laws 1967, c. 279, § 6, p. 750.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1007 - Board; meetings; rules and regulations; adopt; vacancies.

46-1007.
Board; meetings; rules and regulations; adopt; vacancies.
The board shall be the governing body of the district and shall meet annually on the same day the annual meeting of participating members of the district is held pursuant to section 46-1016, and such annual meeting of the board of directors shall follow the annual meeting of participating members, and at such other times as may be determined by the board or upon call by the chairman or any two members of the board. Vacancies on the board shall be filled for the unexpired term, and until a successor is elected and has qualified, by appointment by the remaining members of the board. The board shall adopt such rules and regulations in conformity with the provisions of sections 46-1001 to 46-1020 and the bylaws of the district as are deemed necessary for the conduct of the business of the district. It shall be the duty of the secretary to cause an entry to be made upon its records showing all of its minutes, decisions and orders made pursuant to the provisions of sections 46-1001 to 46-1020.
Source
Laws 1967, c. 279, § 7, p. 750.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1008 - District; powers.

46-1008.
District; powers.
Every district incorporated under sections 46-1001 to 46-1020 shall:
(1) Have perpetual succession, subject to dissolution as provided by such sections;
(2) In all cases be presumed to have been legally organized when it shall have exercised the franchises and privileges of a district for the term of one year;
(3) Have the power of eminent domain to acquire land or interests in land within the district for the uses and purposes provided in this section;
(4) Be empowered to sue and be sued;
(5) Be capable of contracting and being contracted with;
(6) Be authorized and empowered to hold such real and personal property as may come into its possession by will, gift, purchase, or otherwise, as authorized by law;
(7) Have power to construct, install, maintain, and operate such ponds, reservoirs, pipelines, wells, check dams, pumping installations, or other facilities for the storage, transportation, or utilization of water and such appurtenant structures and equipment as may be necessary to carry out the purposes of its organization;
(8) Have power to transfer water within the district pursuant to sections 46-2,127 to 46-2,129;
(9) Have power to cooperate with and enter into such agreements as deemed necessary with the Secretary of the United States Department of Agriculture or his or her duly authorized representative and shall have power to accept such financial or other aid which the Secretary of the United States Department of Agriculture is empowered to give pursuant to 7 U.S.C. 1921 et seq., or amendments thereto; and
(10) Have power to borrow money for the financing of the cost of the construction or purchase of any project or projects necessary to carry out the purposes for which such district was organized and to execute notes and mortgages in evidence thereof with interest, or combined interest and mortgage insurance charges. Any district shall have the same power to borrow money for the refinancing of any such project or projects. Any such loan may be secured by any or all of the physical assets owned by the district, including easements and rights-of-way, except that no district organized under sections 46-1001 to 46-1020 shall have any power or authority to levy any taxes whatsoever.
Source
Laws 1967, c. 279, § 8, p. 751;
Laws 1971, LB 514, § 1;
Laws 1972, LB 1042, § 1;
Laws 1975, LB 492, § 1;
Laws 1995, LB 99, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1009 - Board; contracts; enter into.

46-1009.
Board; contracts; enter into.
In carrying out the provisions of sections 46-1001 to 46-1020, the board of directors of any such rural water district is authorized to enter into contracts with agencies of the State of Nebraska or of the United States, or municipalities, for the obtaining of water service for use by the district or for furnishing the same for domestic or other uses.
Source
Laws 1967, c. 279, § 9, p. 752.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1010 - Board; employees.

46-1010.
Board; employees.
The board of any such district in this state acting in its capacity as the governing body may employ such common and skilled labor, and professional and other services, as may be necessary to the proper performance of such work or improvement as is proposed to be done within any such district, and the maintenance thereof.
Source
Laws 1967, c. 279, § 10, p. 752.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1011 - Plans and specifications; filing; approval; benefit units; water sale.

46-1011.
Plans and specifications; filing; approval; benefit units; water sale.
Plans and specifications for any proposed improvement authorized by sections 46-1001 to 46-1020 shall be filed with the director, the Department of Environment and Energy, and the secretary of the district. No construction of any such improvement shall begin until the plans and specifications for such improvement have been approved by the director and the Department of Environment and Energy, except that if the improvement involves a public water system as defined in section 71-5301, only the Department of Environment and Energy shall be required to review the plans and specifications for such improvement and approve the same if in compliance with the Nebraska Safe Drinking Water Act and departmental regulations adopted thereunder.
The total benefits of any such improvement shall be divided into a suitable number of benefit units. Each landowner within the district shall subscribe to a number of such units in proportion to the extent he or she desires to participate in the benefits of the improvements. As long as the capacity of the district's facilities permits, participating members of the district may subscribe to additional units upon payment of a unit fee for each such unit. Owners of land located within the district who are not participating members may subscribe to such units as the board in its discretion may grant, and upon payment of the unit fee for each such unit shall be entitled to the same rights as original participating members. If the capacity of the district's facilities permits, the district may sell water to persons engaged in hauling water and to any political subdivision organized under the laws of the State of Nebraska.
Source
Laws 1967, c. 279, § 11, p. 752;
Laws 1979, LB 546, § 2;
Laws 1996, LB 1044, § 262;
Laws 2000, LB 900, § 232;
Laws 2001, LB 667, § 10;
Laws 2007, LB296, § 205;
Laws 2021, LB148, § 56.
Cross References
Nebraska Safe Drinking Water Act, see section 71-5313.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1012 - Owners of land outside of district; petition; contents.

46-1012.
Owners of land outside of district; petition; contents.
Owners of land outside any district which can economically be served by the facilities of the district may petition to become attached to such district. Such petition for attachment shall be supported by signatures of landowners in the same manner as prescribed in section 46-1003. Such petition shall be filed with the county clerk addressed to the county board and shall define the boundaries of lands owned by the petitioners desired to be attached, and shall state (1) the name of the district to which attachment is desired; (2) that such lands are without an adequate water supply; and (3) that attachment to such district will be conducive to and will promote the public health, convenience and welfare.
Source
Laws 1967, c. 279, § 12, p. 753;
Laws 1972, LB 1502, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1013 - Owners outside of district; petition; notice; hearing.

46-1013.
Owners outside of district; petition; notice; hearing.
Notice of the filing of a petition for attachment fixing the time and place of hearing and giving notice thereof shall be in the same manner as prescribed in section 46-1004, and in addition thereto the county clerk shall send by registered or certified mail, to each director of the board of the district named in the petition, a copy of such petition and notice of the time and place the same shall be considered.
Source
Laws 1967, c. 279, § 13, p. 753.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1014 - Owners outside of district; hearing; boundaries; conditions.

46-1014.
Owners outside of district; hearing; boundaries; conditions.
At the time and place set for the hearing and consideration of the petition, the county board shall ascertain (1) whether proper notice has been given as required by section 46-1013 and (2) whether the statements contained in the petition are true. If true and if a majority of the members of the board of the district to which attachment is desired do not object to such statement, the county board shall enter into its minutes such findings and shall set forth in such minutes a description of the new boundaries of such district. Thereafter owners of land located within the attached territory shall be entitled to subscribe to such benefit units upon such terms and conditions as the board in its discretion may provide. Any owner of land located within any territory attached to a district as provided by sections 46-1001 to 46-1020, who shall subscribe to one or more benefit units and comply with terms and conditions provided by the board, shall be entitled to the same rights as participating members are entitled to.
Source
Laws 1967, c. 279, § 14, p. 753.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1015 - Board; bonds; purpose; interest; rate; payment; participating members; conditions.

46-1015.
Board; bonds; purpose; interest; rate; payment; participating members; conditions.
The board of directors of any water district shall have power to cause to be constructed within such district such works as are authorized by sections 46-1001 to 46-1020 and to issue revenue bonds therefor which shall be exempt from taxation. Such bonds shall be self-liquidating out of the revenue to be derived by the district for its services and facilities, shall be issued to mature in such installments as shall be determined by the board of directors of the district, and shall bear interest payable monthly, annually, or semiannually. Such revenue bonds may also be issued to refund outstanding revenue bonds or notes or other evidences of indebtedness issued to pay costs of improvements for which bonds could be issued. Upon determining a schedule of benefit units and unit fees, the board shall cause a declaration of availability of such units for subscription to be entered in its minutes and any individual who fails to become a participating member within thirty days thereafter shall not be eligible to hold office as a director, nor shall any individual, firm, partnership, limited liability company, association, or corporation which fails to become a participating member within ninety days after such declaration be qualified to participate at any meeting or vote at any election held thereafter unless such individual, firm, partnership, limited liability company, association, or corporation shall thereafter become a participating member.
Source
Laws 1967, c. 279, § 15, p. 754;
Laws 1969, c. 51, § 118, p. 346;
Laws 1975, LB 492, § 2;
Laws 1993, LB 121, § 281.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1016 - Board; members; term; election.

46-1016.
Board; members; term; election.
The term of office of every member elected to an original board shall be until the date of the annual meeting of the participating members of either the first, second or third year following the year of the incorporation of the district and until their successors are elected and have qualified, and as nearly as possible the terms of an equal number of directors on any such board shall expire on each of such dates. At the annual meeting of each year after the year of the election of the original board members, elections shall be held to elect directors to fill any position on the board, the term of office of which has expired, and any director so elected shall hold office for a term of three years and until his successor is elected and qualified. For the purpose of election of board members and for such other purposes as the bylaws may prescribe, annual meetings of participating members shall be held by each district between January 1 and March 1 of each year following the year of incorporation of such district. The board of directors shall cause notice of the time and place of each annual meeting and the purpose thereof to be mailed to each of its participating members or shall cause such notice to be published in a newspaper of general circulation within the district. Every such notice shall be mailed or published not less than ten nor more than thirty days prior to any such meeting. Each participating member shall be entitled to a single vote, regardless of the number of benefit units to which he has subscribed.
Source
Laws 1967, c. 279, § 16, p. 754.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1017 - Board; officers; election.

46-1017.
Board; officers; election.
The board of directors shall annually elect a chairman, vice-chairman, secretary and treasurer for a term of one year and until a successor is elected and qualified.
Source
Laws 1967, c. 279, § 17, p. 755.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1018 - Board; powers and duties; compensation; budget; audit; reports.

46-1018.
Board; powers and duties; compensation; budget; audit; reports.
It shall be the duty of the chairperson of the board of directors to keep in repair such works as are constructed by the district as authorized in sections 46-1001 to 46-1020 and to operate such works, all as directed by the board. Such works shall be operated in conformance with the rules and regulations of the Department of Health and Human Services relating to water supply systems. The chairperson and all persons who may perform any service or labor as provided in sections 46-1001 to 46-1020 shall be paid such just and reasonable compensation as may be allowed by the board of directors, and such board shall annually prepare an estimated budget for the coming year, adjust water rates, if necessary to produce sufficient revenue required by such budget, cause an annual audit of the district's records and accounts to be made, and make a report on such matters at each annual meeting.
Source
Laws 1967, c. 279, § 18, p. 755;
Laws 1996, LB 1044, § 263;
Laws 2007, LB296, § 206.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1019 - District; dissolution; procedure.

46-1019.
District; dissolution; procedure.
Whenever a petition signed by three-fourths of the landowners in any district organized under the provisions of sections 46-1001 to 46-1020 is presented to the county board and it shall appear from such petition that such district owns no property of any kind, exclusive of records, maps, plans and files; that all of its debts and obligations have been fully paid; that the board of directors has not held a meeting for more than one year prior to the date of signing such petition; that the district is not functioning, and will probably continue to be inoperative, the county board shall, after such finding, issue a certificate stating the allegations in such petition as true and declaring such district dissolved, and shall make full minutes of such hearing in its records and deliver such certificate to the secretary of such district. The secretary of such district shall, within thirty days thereafter, deliver all records, maps, plans and files to the county clerk, and thereupon such district shall be dissolved.
Source
Laws 1967, c. 279, § 19, p. 756.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1020 - District; withdrawal of lands; petition; hearing; county board; findings.

46-1020.
District; withdrawal of lands; petition; hearing; county board; findings.
If it becomes apparent that certain lands included within a district cannot be economically or adequately served by the facilities of the district, the owners of such lands may petition the county board to release those lands from the district. The petition shall describe by section or fraction thereof and by township and range the lands affected and be signed by all owners desiring release and be endorsed by the board of directors of the district. After a finding that the granting of the petition is to the best interests of the affected landowners and the district, the county board shall issue a certificate stating that the lands involved are released and separated from the district. Full minutes of the hearing shall be entered in the records of the county board and the certificate shall be delivered to the secretary of the district who shall within thirty days cause the records of the district to be amended to exclude the lands affected.
Source
Laws 1967, c. 279, § 20, p. 756.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1021 - Consolidation of districts; county board; order.

46-1021.
Consolidation of districts; county board; order.
Two or more districts incorporated in the manner provided by sections 46-1001 to 46-1020 prior to July 1, 1972, may be consolidated by order of the county board of the county in which the district with the largest acreage of land was originally incorporated and organized.
Source
Laws 1972, LB 1502, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1022 - Consolidation of districts; members; approval; majority vote; petition; contents.

46-1022.
Consolidation of districts; members; approval; majority vote; petition; contents.
The participating members of each district to be consolidated shall first authorize such consolidation by majority vote of such members present at a meeting held upon not less than ten days' written notice to such members stating the purpose of such meeting. A petition addressed to the county board, executed by the chairman and secretary of each district seeking consolidation, shall (1) set forth the names of the districts seeking consolidation; (2) be accompanied by a map showing the boundaries of such districts; (3) state that the consolidation has been approved by a majority vote of the participating members of each district at a meeting held upon notice as required in this section; (4) state that the holders of bonds and other instruments of indebtedness of each of such districts have consented to the proposed consolidation and have agreed in writing to the assumption of such indebtedness by the proposed consolidated district; and (5) state that the consolidated district will provide adequate water service within the area of the consolidated district.
Source
Laws 1972, LB 1502, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1023 - Consolidation of districts; petition; filing; notice; contents; hearing.

46-1023.
Consolidation of districts; petition; filing; notice; contents; hearing.
Whenever a petition as provided in section 46-1022 is filed with the county clerk, the county clerk shall thereupon give notice to the county board of the filing and pendency of such petition and the county board shall forthwith fix a time and place within thirty days after the date of filing of the petition for a hearing of the same, and the county clerk shall, at least seven days before the date fixed for such hearing, give or send by registered or certified mail written notice thereof to the chairperson of each district seeking consolidation and shall transmit to the director one copy of the petition and notice of the time and place the same is set for hearing. The county clerk shall also, at least seven days before the date fixed for such hearing, cause a notice of the hearing to be published in a newspaper of general circulation in the county. The published notice shall (1) identify by name the districts seeking consolidation; (2) state the time and place of the hearing; (3) state that all interested persons may appear and be heard; and (4) state that a consolidated water district shall have no power or authority to levy any taxes whatsoever.
Source
Laws 1972, LB 1502, § 4;
Laws 2000, LB 900, § 233.