reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,132 - Sale of real estate; bids; acceptance; conveyance; form.

46-1,132.
Sale of real estate; bids; acceptance; conveyance; form.
The sale shall be by sealed bids. The directors may reject any and all bids and readvertise, if in their judgment it is for the best interest of the district. Upon approval of the sale, by a two-thirds vote of the board of directors of the district, the president of the board of directors shall in the name of the irrigation or drainage district execute and deliver a deed or contract to the purchaser, which deed or contract shall be attested by the secretary, and the seal of the irrigation or drainage district shall be affixed thereto.
Source
Laws 1921, c. 257, § 5, p. 871;
C.S.1922, § 2937;
C.S.1929, § 46-195;
R.S.1943, § 46-1,132;
Laws 1971, LB 653, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,133 - Irrigation districts; public lands; taxation; rights and obligations of entrymen.

46-1,133.
Irrigation districts; public lands; taxation; rights and obligations of entrymen.
Whenever irrigation districts incorporated in accordance with the laws of this state, whether heretofore or hereafter organized, shall include within the corporate boundaries public lands of the United States, whether entered or unentered, the board of directors is authorized to make such representations and assurances to the Secretary of the Interior as may be required in order to comply with the Act of Congress approved August 11, 1916, and entitled An act to promote reclamation of arid land, and related acts of Congress. Upon compliance therewith, the entrymen within such district shall be entitled to all the privileges of private landowners including the right to vote and to hold office, and with respect to irrigation districts wherein irrigable public lands are located the terms electors and owners shall be so construed as to include entrymen of such public lands. The public lands of the district included as aforesaid shall be subject to irrigation district taxation in the same manner as the private lands of the district to the extent authorized by the aforesaid or other acts of Congress, and in accordance with the laws governing irrigation districts heretofore or hereafter enacted.
Source
Laws 1917, c. 195, § 1, p. 470;
C.S.1922, § 2929;
C.S.1929, § 46-174;
R.S.1943, § 46-1,133.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,134 - Irrigation districts; excluded lands not taxable.

46-1,134.
Irrigation districts; excluded lands not taxable.
No irrigation district, company or corporation shall include within its district for purposes of levying taxes, bonds or assessments any land which has formerly been set out of the district, unless the owner of such lands shall consent to have his land thus reinstated in the district.
Source
Laws 1917, c. 197, § 1, p. 472;
C.S.1922, § 2941;
C.S.1929, § 46-199;
R.S.1943, § 46-1,134.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,135 - Rights of grantees of subdivided lands.

46-1,135.
Rights of grantees of subdivided lands.
Where land within an irrigation district, to which water has been delivered through adequate facilities provided by such irrigation district, is subdivided and transferred in part, the grantee or transferee shall have the right to use laterals and other existing facilities as against his grantor or assignor unless agreed otherwise, which agreement must be expressly stated in the deed of conveyance or transfer.
Source
Laws 1933, c. 89, § 1, p. 360;
C.S.Supp.,1941, § 46-1,102;
R.S.1943, § 46-1,135.
Annotations
"Facilities" under this section is limited to something built or constructed for the purpose of delivering irrigation water, and flooding over the land is not a facility within the meaning of the statute. Hengen v. Hengen, 211 Neb. 276, 318 N.W.2d 269 (1982).
Grantee of subdivided land previously irrigated by flooding from canal on portion of land retained by grantor or assignor held not entitled under this section to continue the flood irrigation from the canal. Where grantee's quarter had been irrigated from farm pond fed by lateral extending from canal on other quarter before property was subdivided, grantee held entitled under this section to continue use of lateral to irrigate his quarter. Hengen v. Hengen, 211 Neb. 276, 318 N.W.2d 269 (1982).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,136 - Subdivided lands; additional facilities; no obligation to furnish.

46-1,136.
Subdivided lands; additional facilities; no obligation to furnish.
An irrigation district within which subdivided land is situated, shall not be required to build additional laterals or provide other facilities for the purpose of delivering water to such subdivided land, but shall only be required to deliver water for the irrigation of such subdivided land through the laterals or other facilities in existence before such transfer or subdivision was made.
Source
Laws 1933, c. 89, § 2, p. 360;
C.S.Supp.,1941, § 46-1,103;
R.S.1943, § 46-1,136.
Annotations
"Facilities" under this section is limited to something built or constructed for the purpose of delivering irrigation water, and flooding over the land is not a facility within the meaning of the statute. Hengen v. Hengen, 211 Neb. 276, 318 N.W.2d 269 (1982).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,137 - Tolls; collection authorized.

46-1,137.
Tolls; collection authorized.
When the governing authority of any irrigation district of this state elects to collect funds for the operation and maintenance of irrigation works or repayment of contracts of construction by and between the United States of America and any irrigation district as provided in section 46-126, by the levy of tolls or charges against the lands in such district, such tolls and charges and the time of payment thereof shall be levied and fixed by the rules and regulations of such district; and the delivery of water to any parcel of land may be withheld during the time that the tolls and charges levied upon such parcel of land are delinquent and unpaid. Such tolls and charges shall be cumulative, and the delivery of water to any parcel of land may be withheld until all delinquent tolls and charges levied upon such parcel of land for the operation and maintenance of the irrigation works of such district are paid for past years as well as for the current year.
Source
Laws 1937, c. 106, § 1, p. 366;
C.S.Supp.,1941, § 46-1,109;
R.S.1943, § 46-1,137;
Laws 1967, c. 280, § 3, p. 758.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,138 - Delinquent tolls; lien on real estate; manner of collection.

46-1,138.
Delinquent tolls; lien on real estate; manner of collection.
All such tolls and charges, due and delinquent according to the rules and regulations of such district, and unpaid on June 1 after becoming due and delinquent, may be by the governing authority of such district certified to the county clerk of such county in which are situated the lands against which such tolls and charges have been levied; and when so certified such tolls and charges shall be entered upon the tax list and spread upon the tax roll the same as other general and irrigation taxes are levied and assessed upon real estate, and shall become a lien upon such real estate along with other real estate taxes, and shall be collectible at the same time, in the same manner, and in the same proceeding as other real estate taxes on such land.
Source
Laws 1937, c. 106, § 2, p. 366;
C.S.Supp.,1941, § 46-1,110;
R.S.1943, § 46-1,138.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,139 - District funds; authorized depositories.

46-1,139.
District funds; authorized depositories.
Any irrigation district treasurer may deposit the money received or held by him or her by virtue of his or her office in some state or national bank in the State of Nebraska, capital stock financial institution, or qualifying mutual financial institution. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1935, c. 18, § 1, p. 93;
C.S.Supp.,1941, § 46-1,104;
R.S.1943, § 46-1,139;
Laws 1989, LB 33, § 27;
Laws 2001, LB 362, § 31.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,140 - District funds; depository designated; deposits subject to check or order.

46-1,140.
District funds; depository designated; deposits subject to check or order.
Before such funds are deposited one or more banks, capital stock financial institutions, or qualifying mutual financial institutions shall be designated by the board of directors of the irrigation district whose funds are to be so deposited. All such deposits shall be subject to payment on check or order of the treasurer of the district. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1935, c. 18, § 2, p. 93;
C.S.Supp.,1941, § 46-1,105;
R.S.1943, § 46-1,140;
Laws 1989, LB 33, § 28;
Laws 2001, LB 362, § 32.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,141 - District funds; deposits; how secured.

46-1,141.
District funds; deposits; how secured.
The depository receiving the deposit of funds of the district is hereby authorized to secure the deposit of such funds by giving security pursuant to the Public Funds Deposit Security Act, by depository bond, corporate in character, or by sufficient personal security when demanded by the board of directors of the district, such security to be approved by the board of directors of such irrigation district. Section 77-2366 shall apply to deposits in capital stock financial institutions. Section 77-2365.01 shall apply to deposits in qualifying mutual financial institutions.
Source
Laws 1935, c. 18, § 3, p. 94;
C.S.Supp.,1941, § 46-1,106;
R.S.1943, § 46-1,141;
Laws 1989, LB 33, § 29;
Laws 1999, LB 396, § 35;
Laws 2001, LB 362, § 33.
Cross References
Public Funds Deposit Security Act, see section 77-2386.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,142 - District funds; treasurer not liable, when.

46-1,142.
District funds; treasurer not liable, when.
No treasurer of any such district shall be liable upon his bond for loss on account of any deposit in a bank which has been designated as the depository under the provisions of sections 46-1,139 to 46-1,142, and the security given by such bank has been approved by the board of directors of such district.
Source
Laws 1935, c. 18, § 4, p. 94;
C.S.Supp.,1941, § 46-1,107;
R.S.1943, § 46-1,142.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,143 - Contract for water supply authorized.

46-1,143.
Contract for water supply authorized.
The board of directors of any irrigation district organized under the laws of this state may enter into contracts for a supply of water for the irrigation of the lands within such irrigation district with any person, firm, association, corporation or the United States of America. The source of supply of such water may be either within or without the boundaries of the State of Nebraska, and the water supply may be either the entire supply of water for such district or to supplement an appropriation already made by such district.
Source
Laws 1915, c. 205, § 1, p. 441;
C.S.1922, § 2944;
C.S.1929, § 46-201;
R.S.1943, § 46-1,143.
Annotations
Board of directors of irrigation district may contract with the United States for a supply of water. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Irrigation districts are authorized to contract with United States for water supply for irrigation of district lands. Livanis v. Northport Irr. Dist., 121 Neb. 777, 238 N.W. 757 (1931).
Act is complete in itself, and does not limit power of officers of district to contract with United States for supply of water under other statutory provisions. Bridgeport Irr. Dist. v. United States, 40 F.2d 827 (8th Cir. 1930).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,144 - Water supply; tax levy.

46-1,144.
Water supply; tax levy.
If the contract mentioned in section 46-1,143 provides for payment of the entire purchase price of such water supply within one year after the making of such contract, the board of directors of such irrigation district shall at the time of entering into such contract pass a resolution that a levy shall be made sufficient to raise such sum as is necessary to pay such purchase price, and the board of directors shall thereafter, and at the same time the levy of other taxes for the district is made, levy a tax against the taxable property of the district sufficient to raise and pay such sum.
Source
Laws 1915, c. 205, § 2, p. 441;
C.S.1922, § 2945;
C.S.1929, § 46-202;
R.S.1943, § 46-1,144.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,145 - Contract for water supply; election required, when; notice; procedure; effect of affirmative vote.

46-1,145.
Contract for water supply; election required, when; notice; procedure; effect of affirmative vote.
If such contract provides for payments to be made extending for a period of more than one year from the date of making the contract, the board of directors of such irrigation district shall submit the contract to the electors of the district at any general election or at a special election called therefor for the approval or disapproval of the contract. The ballots at the election shall have printed thereon For approval of contract for water supply, and Against approval of contract for water supply. The notice of the election need not give the entire contract but shall be sufficient if it states in a general way the substance of the proposed contract. The election shall otherwise be conducted in accordance with sections 46-115 to 46-118. If a majority of the electors that vote on the proposition vote for approval of the contract, the board of directors shall enter into the contract and shall thereafter, at the time the other taxes of the district are levied, levy a tax on the taxable property of the district sufficient to pay the amount due and to become due on the contract before the next annual levy in the district.
Source
Laws 1915, c. 205, § 3, p. 442;
C.S.1922, § 2946;
C.S.1929, § 46-203;
R.S.1943, § 46-1,145;
Laws 2015, LB561, § 12.
Annotations
A contract for a supply of water which provides for payment to be made by an irrigation district for a period of more than one year from the date of making the contract must be approved by the legal voters of the district. Twin Loups Reclamation & Irr. District v. Blessing, 202 Neb. 513, 276 N.W.2d 185 (1979).
Where sale of existing irrigation works was contemplated, notice in general of substance of contract was sufficient. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,146 - Water supply contracts and bonds; rescission; when authorized.

46-1,146.
Water supply contracts and bonds; rescission; when authorized.
If any irrigation district shall have heretofore, or hereafter, purchased a water supply and issued bonds in payment of the same, or shall have purchased an irrigation system, which system included a contract for water supply and issued bonds in payment of the same, the directors of the district may arrange for the surrender and rescission of such contract for water supply upon surrender and cancellation of bonds in an amount equal to the bonds issued in payment for such water supply, and if the water supply was included in the purchase price of an irrigation system the board of directors may arrange for the surrender and rescission of the contract for such water supply on the surrender and cancellation of bonds in an amount equal to the part of the purchase price that was represented by the value of such contract for water supply, such amount to be determined by the directors of the irrigation district. Upon the surrender of such contract and cancellation of bonds as hereinbefore provided, the board of directors of such irrigation district may enter into a new contract for water supply as hereinbefore provided.
Source
Laws 1915, c. 205, § 4, p. 442;
C.S.1922, § 2947;
C.S.1929, § 46-204;
R.S.1943, § 46-1,146.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,147 - Irrigation districts; acceptance of federal reclamation aid.

46-1,147.
Irrigation districts; acceptance of federal reclamation aid.
Any irrigation district is hereby authorized to be created and is empowered to cooperate with the United States under the Act of June 17, 1902 (32 Stat. 388), known as the Federal Reclamation Act and acts amendatory thereof and supplementary thereto, for the purposes of construction of irrigation works, including drainage works, or for the purchase, extension, operation or maintenance of irrigation works, including drainage works, or for the assumption as principal or guarantor of indebtedness to the United States on account of any district lands, and in that case the district shall levy and assess the several landowners entering lands under the reclamation laws or acquiring water rights thereunder in accordance with the reclamation law, public notices and orders issued thereunder and in accordance with existing contracts made between the individual landowners and the United States and as may be contracted for between the district and the United States, and the district is hereby clothed with full taxing power to collect such sums under the revenue laws of the state as in the case of other irrigation districts;
Provided, however,
that any property acquired by the district may be conveyed to the United States insofar as the same may be needed by the United States for the construction, operation, and maintenance of works for the benefit of the district under any contract that may be entered into with the United States pursuant to this section.
Source
Laws 1917, c. 191, § 1, p. 464;
C.S.1922, § 2939;
C.S.1929, § 46-197;
R.S.1943, § 46-1,147.
Annotations
An irrigation district may enter into a contract with the United States for a water supply. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Contract executed hereunder did not establish such relationship between parties as would impute negligence of the United States or its employees to the irrigation district. Livanis v. Northport Irr. Dist., 121 Neb. 777, 238 N.W. 757 (1931), affirming on rehearing, 120 Neb. 314, 232 N.W. 583 (1930).
Reclamation service has power to take over and operate irrigation system, to protect its claims, without acquiring title. New York Trust Co. v. Farmers' Irr. Dist., 280 F. 785 (8th Cir. 1922).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,148 - Payment of federal charges.

46-1,148.
Payment of federal charges.
The contract provisions for the payment of construction charges to the United States and the bonds securing the payment of the same, if any be issued and deposited, may be of such denominations and may call for payment of such interest not exceeding six percent per annum, and may provide for such installments and for repayment of the principal at such times as may be required by the federal laws and as may be agreed upon between the board and the Secretary of the Interior. The contract indebtedness to the United States shall be a prior lien to any subsequent bond issue of the district.
Source
Laws 1917, c. 191, § 2, p. 465;
C.S.1922, § 2940;
C.S.1929, § 46-198;
R.S.1943, § 46-1,148.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,149 - Bonds; contracts; acceptance of United States guarantee.

46-1,149.
Bonds; contracts; acceptance of United States guarantee.
Any irrigation or drainage district, heretofore or hereafter organized under the laws of the State of Nebraska for irrigation or drainage purposes, is hereby authorized and empowered to enter into contract with the United States of America whereby the bonds of the district are guaranteed by the United States or financial credit is extended by the United States to the district, and for the sale, purchase or use of any canal, ditch, reservoir, rights-of-way, irrigation or drainage systems or other property owned or to be acquired for the use of such district.
Source
Laws 1915, c. 207, § 1, p. 461;
C.S.1922, § 2949;
C.S.1929, § 46-206;
R.S.1943, § 46-1,149.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,150 - Acceptance of act of Congress applicable to district.

46-1,150.
Acceptance of act of Congress applicable to district.
Any irrigation or drainage district organized under the laws of Nebraska is hereby authorized to accept of the provisions of any Act of Congress of the United States applicable to such district and to obligate itself to comply with such laws, rules, and regulations as may be promulgated by any department of the United States in pursuance of such acts. Irrigation or drainage districts contracting with the United States under the provisions of sections 46-1,149 and 46-1,150 shall be governed in all matters by the laws of the state relating to irrigation or drainage districts as the case may be, except in such things as may be otherwise provided for such districts.
Source
Laws 1915, c. 207, § 2, p. 461;
C.S.1922, § 2950;
C.S.1929, § 46-207;
R.S.1943, § 46-1,150.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,151 - Contracts with United States; judicial approval; proceedings authorized.

46-1,151.
Contracts with United States; judicial approval; proceedings authorized.
The board of directors of any irrigation district heretofore or hereafter organized may, in its discretion, before or after the making of any contract with the United States or others, the levying of any assessment or the taking of any particular steps or action, commence a special proceeding in the district court of the state, in and by which the proceedings of such board and of such district leading up to or including the making of any such contract, and the validity of any of the terms thereof, the levying of any assessment or the taking of any particular steps or action, shall be judicially examined, approved and confirmed, or disapproved and disaffirmed.
Source
Laws 1917, c. 192, § 1, p. 466;
C.S.1922, § 2951;
C.S.1929, § 46-208;
R.S.1943, § 46-1,151.
Annotations
Judicial approval of contract with the United States could be obtained in special proceeding in rem. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).
Contracts with United States for supply of water for irrigation require judicial approval. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Action to confirm bonds is a special proceeding in rem. Frenchman-Cambridge Irr. Dist. v. Ferguson, 154 Neb. 20, 46 N.W.2d 692 (1951).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,152 - Contracts with United States; procedure for confirmation; powers of court.

46-1,152.
Contracts with United States; procedure for confirmation; powers of court.
The practice and procedure for the confirmation of any step or action provided for in section 46-1,151 shall be as nearly as possible in conformity with the practice and procedure provided for the confirmation before the issuance and sale of bonds of irrigation districts. The court may approve and confirm such proceedings in part and disapprove and declare illegal or invalid other and subsequent parts of the proceedings, and insofar as possible the court shall remedy and cure all defects in such proceedings.
Source
Laws 1917, c. 192, § 2, p. 466;
C.S.1922, § 2952;
C.S.1929, § 46-209;
R.S.1943, § 46-1,152.
Annotations
Practice and procedure for approval of contract with United States is provided. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,153 - Contracts with United States; borrowing money to meet obligations; powers of board.

46-1,153.
Contracts with United States; borrowing money to meet obligations; powers of board.
The board of directors of any irrigation district in this state sustaining contractual relations with the United States shall have the power to borrow funds for the purpose of making any necessary payments thereon and to pledge the credit of the district for the payment of the same. The board of directors of any irrigation district in this state shall have the power to borrow funds to meet the necessities of any unforeseen or unusual conditions arising in the operation and maintenance of the irrigation system of such district and to pledge the credit of such district for the payment thereof. The total sum borrowed by any district under the provisions of this section shall at no time exceed two-thirds the amount of the general fund levy of such district for the preceding year. If the levy for the then current year shall be insufficient to provide for the payment of the sum or sums so borrowed, then such payment shall be provided for in the levy for the year next ensuing.
Source
Laws 1917, c. 193, § 1, p. 467;
C.S.1922, § 2953;
C.S.1929, § 46-210;
R.S.1943, § 46-1,153.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,154 - Districts organized at least one year; proceedings validated.

46-1,154.
Districts organized at least one year; proceedings validated.
In all cases in which the county board of any county has purported to establish an irrigation district situated in whole or in part within such county, and such district has acted as an irrigation district for the period of at least one year prior to August 15, 1937, all acts and proceedings taken for the purpose of creating such district are hereby legalized, validated, and declared to be sufficient, and such irrigation district is hereby declared to be duly incorporated, and as such, said irrigation district under its corporate name shall have all the rights and privileges and be subject to all of the duties and obligations of a duly incorporated irrigation district.
Source
Laws 1937, c. 105, § 1, p. 365;
C.S.Supp.,1941, § 46-1,108;
R.S.1943, § 46-1,154.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,155 - Merger of districts; petition; plan; contents.

46-1,155.
Merger of districts; petition; plan; contents.
Any two or more irrigation districts may merge into one district if a petition for merger signed by a majority of the board of directors of each district or signed by a majority of the electors of each district is filed with the boards of directors of the districts to be merged. Such petition shall include a plan for the merger, which plan shall contain:
(1) A description of the proposed boundaries of the merged district and a list of lands;
(2) A summary of the reasons for the proposed merger;
(3) A summary of the terms on which the merger is to be made between the merged districts and such terms shall include a provision for three divisions as nearly equal in size as may be practicable, which shall be numbered first, second, and third, and two directors shall be elected from each division;
(4) The amount of outstanding indebtedness of each district and proposed disposition thereof;
(5) The equitable adjustment of all property, debts, and liabilities among the districts involved;
(6) The name of the proposed district; and
(7) Such other matters as the petitioners determine proper to be included.
A certified copy of the petition for merger shall be filed with the Department of Natural Resources and the department shall either approve or disapprove such petition within twenty days. The boards of directors of the districts shall not take further action without such approval.
Source
Laws 1972, LB 1509, § 3;
Laws 2000, LB 900, § 92.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,156 - Merger of districts; outstanding bonds; consent of bondholders.

46-1,156.
Merger of districts; outstanding bonds; consent of bondholders.
If there are outstanding bonds of an irrigation district proposing to merge, or if such a district shall have entered into a contract with the United States, as provided in section 46-126 or 46-156, then the board shall notify the holders of such outstanding bonds that a petition for merger has been filed and the holders of such outstanding bonds may give their assent in writing to the effect that they severally consent to any merger that may be approved by the district and in case of such contract with the United States, the Secretary of the Interior shall be notified that a merger of such district is proposed and the Secretary of the Interior may assent to such merger. The assents shall be filed with the boards of directors of the districts proposed to be merged and shall be recorded in the minutes of each board and such minutes, or a certified copy thereof, shall be admissible in evidence with the same effect as an assent, but if such assent of the bondholders and, in the 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 for merger.
Source
Laws 1972, LB 1509, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,157 - Merger of districts; approval by Department of Natural Resources.

46-1,157.
Merger of districts; approval by Department of Natural Resources.
When such plan has been approved by the Department of Natural Resources, it shall be designated as the final approved plan and shall be submitted to a vote as provided in section 46-1,158.
Source
Laws 1972, LB 1509, § 5;
Laws 2000, LB 900, § 93.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,158 - Merger of districts; special election; notice.

46-1,158.
Merger of districts; special election; notice.
Not less than thirty days nor more than sixty days after the designation of the plan as the final approved plan, the proposition of the adoption or rejection of such proposed plan of merger shall be submitted by the boards of directors at a special election to all the electors of the irrigation districts which will be affected by the merger plan. Notice of such election shall be given by posting a notice in three public places in each election precinct in each district affected by the merger for at least twenty days, and also by publication of such notice in a newspaper of general circulation in the county where the office of the board of directors of each district affected by the merger is required to be kept once a week for three successive weeks.
Source
Laws 1972, LB 1509, § 6.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,159 - Merger of districts; election; notice; contents.

46-1,159.
Merger of districts; election; notice; contents.
The election notice shall:
(1) State that the election has been called for the purpose of affording the electors an opportunity to approve or reject the plan of merger;
(2) Contain a description of the boundary of the proposed district;
(3) Contain a statement giving a summary of the reason for the proposed merger including a summary of the terms on which the merger is to be made, and the amount of outstanding indebtedness of each district;
(4) State the equitable adjustments of all property, debts and liabilities among the districts involved;
(5) State the name of the proposed district;
(6) Contain such other matters as are set out in the merger plan;
(7) Specify the time of holding the election; and
(8) Name the directors of the districts to be merged who shall constitute the first board of directors of the new district.
Source
Laws 1972, LB 1509, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,160 - Merger of districts; election; ballots; canvass; board of directors.

46-1,160.
Merger of districts; election; ballots; canvass; board of directors.
The board of directors of the irrigation districts to be merged shall provide ballots to be used at such election. The return of the election, together with the ballots cast thereat, shall be certified by the boards of election of such districts to the persons who will serve as the board of directors of the merged district if the merger is approved, within three days after the election or within three days after the deadline to submit ballots by mail, as the case may be, which board shall, on or before the third day after the election, canvass such returns and declare the result of such election, which result shall be at once recorded by the secretary of the board of directors in the records of the district boards and certified to the county clerk. The election and the return thereof shall otherwise be conducted in accordance with sections 46-115 to 46-118.
Source
Laws 1972, LB 1509, § 8;
Laws 2015, LB561, § 13.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,161 - Merger of districts; board of directors; term of office; election.

46-1,161.
Merger of districts; board of directors; term of office; election.
The directors serving on the boards of directors of such merging districts shall constitute the first board of directors of the new district if the merger is approved. Such board of directors shall determine a method of setting the terms of office, so that two directors' terms on the new board shall be for one year, two for two years and three for three years. Each year thereafter two directors shall be elected for a term of three years.
Source
Laws 1972, LB 1509, § 9.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,162 - Merger of districts; election; effect.

46-1,162.
Merger of districts; election; effect.
If at such election a majority of all votes cast at the election in each district are not in favor of such merger, the merger plan shall be defeated and shall not be placed in effect. If at such election a majority of all votes cast at the election in each district shall be in favor of such merger, the merger shall be effective immediately and the merged district shall assume all rights, assets and liabilities of the merged districts.
Source
Laws 1972, LB 1509, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,163 - Merger of districts; indebtedness; responsibility; succession to property.

46-1,163.
Merger of districts; indebtedness; responsibility; succession to property.
Whenever two or more districts are involved in a merger plan, such districts shall continue to be responsible for any indebtedness incurred before the merger takes place unless a different arrangement is included in the plan voted upon by the electors;
Provided,
that when the voters approve such merger, the merged district shall succeed to all the property, contracts and obligations of all the districts so merged into it and shall assume all of their valid contracts and obligations.
Source
Laws 1972, LB 1509, § 11.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1,164 - Surface Water Irrigation Infrastructure Fund; created; use; investment.

46-1,164.
Surface Water Irrigation Infrastructure Fund; created; use; investment.
There is hereby created the Surface Water Irrigation Infrastructure Fund to be administered by the Department of Natural Resources. The fund shall be used to provide grants in accordance with section 46-1,165 to irrigation districts. There shall be a one-time transfer of fifty million dollars from the Cash Reserve Fund to the Surface Water Irrigation Infrastructure Fund to carry out the purposes of section 46-1,165. Any money in the Surface Water Irrigation Infrastructure 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. Investment earnings from investment of money in the fund shall be credited to the fund.
Source
Laws 2022, LB1012, § 9;
Laws 2023, LB818, § 11.
Effective Date: May 25, 2023
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 › 46-1,165 - Surface water irrigation infrastructure; grants; matching funds.

46-1,165.
Surface water irrigation infrastructure; grants; matching funds.
The Department of Natural Resources shall establish procedures and criteria for awarding grants to irrigation districts from the Surface Water Irrigation Infrastructure Fund to be used for repair or construction of any headgate, flume, diversion structure, check valve, or any other physical structure used for irrigation projects. The department may award grants, not to exceed five million dollars per applicant, to an irrigation district that applies to the department based on criteria and procedures established by the department. In order to receive a grant under this section, a grant applicant shall provide matching funds equal to ten percent of the grant amount awarded for such project.
Source
Laws 2022, LB1012, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-201 - Water for irrigation; declared natural want.

46-201.
Water for irrigation; declared natural want.
Water for the purposes of irrigation in the State of Nebraska is hereby declared to be a natural want.
Source
Laws 1895, c. 69, § 65, p. 268;
R.S.1913, § 3369;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 1, p. 831;
C.S.1922, § 8406;
C.S.1929, § 46-501;
R.S.1943, § 46-201.
Annotations
The right of appropriation for irrigation purposes is limited to the waters of natural streams of the state, and does not extend to waters in artificial drainage ditches. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).
State, in exercise of police power, may supervise and control the appropriation, diversion, and distribution of public waters of state, and impose that duty on administrative officers. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940).
Under irrigation act of 1889, a water right for purposes of irrigation need not have been attached to any particular tract of land. Vonburg v. Farmers Irr. Dist., 132 Neb. 12, 270 N.W. 835 (1937).
Under this and other sections, legislative intent is shown to limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and requiring that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).
It is the duty of the state to see that the waters of its streams used for irrigation purposes will not be wasted and that prior appropriators shall be protected as against subsequent appropriators. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935).
Prior to existing statutes declaring water for irrigation to be natural want, and granting preference in use of water for agriculture, appropriation for power purposes was as favorably regarded as for irrigation. Kearney Water & E. P. Co. v. Alfalfa Irr. Dist., 97 Neb. 139, 149 N.W. 363 (1914).
In view of preference given by statute to use of water for agricultural purposes, irrigation companies will not be enjoined from diverting water from lower riparian mill owner, where petition fails to allege that appropriation was unlawful. Cline v. Stock, 71 Neb. 70, 98 N.W. 454 (1904), 102 N.W. 265 (1905).
Although use of water for irrigation is declared a natural want, right to so use it must be exercised reasonably under the circumstances of each case. Meng v. Coffee, 67 Neb. 500, 93 N.W. 713 (1903).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-203 - First appropriators; declared first in right.

46-203.
First appropriators; declared first in right.
As between appropriators, the one first in time is first in right.
Source
Laws 1889, c. 68, § 7, p. 504;
R.S.1913, § 3371;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 3, p. 832;
C.S.1922, § 8408;
C.S.1929, § 46-503;
R.S.1943, § 46-203.
Annotations
The right of appropriation for irrigation purposes is limited to the waters of natural streams of the state, and does not extend to waters in artificial drainage ditches. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).
Senior appropriator is entitled to water as against an upstream junior appropriator, as long as water in usable quantities can be delivered to senior appropriator. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940).
It is the duty of the state to see that the waters of its streams used for irrigation purposes will not be wasted and that prior appropriators shall be protected as against subsequent appropriators. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935).
While Nebraska was originally a riparian doctrine state, legislation was enacted adopting the principle of prior appropriation. Nebraska v. Wyoming, 325 U.S. 589 (1945).
United States cannot claim assignment to it of excess waters under an appropriation, as excess would inure to benefit of other appropriators prior in time to United States. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-205 - First appropriators; date of priority.

46-205.
First appropriators; date of priority.
The priority of an appropriation shall date from the filing of the application in the office of the Department of Natural Resources.
Source
Laws 1895, c. 69, § 31, p. 254;
R.S.1913, § 3373;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 5, p. 832;
C.S.1922, § 8410;
C.S.1929, § 46-505;
R.S.1943, § 46-205;
Laws 2000, LB 900, § 94.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-206 - Appropriation; water to be returned to stream.

46-206.
Appropriation; water to be returned to stream.
The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exceeds in width one hundred feet, in which event not more than seventy-five percent of the regular flow shall be taken and any such taking shall be subject to the provisions of section 46-289.
Source
Laws 1889, c. 68, § 6, p. 504;
Laws 1893, c. 40, § 3, p. 378;
R.S.1913, § 3376;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 8, p. 832;
C.S.1922, § 8413;
C.S.1929, § 46-508;
R.S.1943, § 46-206;
Laws 1981, LB 252, § 2.
Annotations
Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980).
This section deals primarily with the limitation of the amount of water that may be taken from a stream more than one hundred feet in width. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-207 - Appropriation; no land to be crossed by more than one ditch.

46-207.
Appropriation; no land to be crossed by more than one ditch.
No tract of land shall be crossed by more than one ditch, canal or lateral without the written consent and agreement of the owners thereof, if the first ditch, canal or lateral can be made to answer the purpose for which the second is desired or intended.
Source
Laws 1889, c. 68, § 3, p. 504;
R.S.1913, § 3377;
Laws 1919, c. 190, tit. VII, art. V, div. 1, § 9, p. 832;
C.S.1922, § 8414;
C.S.1929, § 46-509;
R.S.1943, § 46-207.
Annotations
No tract of land shall, without consent of owner, be burdened with two or more ditches for watering of same territory. Walker v. Anderson, 90 Neb. 119, 132 N.W. 937 (1911); Paxton & Hershey Irr. C. & L. Co. v. Farmers & Merchants Irr. & L. Co., 45 Neb. 884, 64 N.W. 343 (1895).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-226 - Determination of priority and amount of appropriation; duty of department; certain court orders; department; powers.

46-226.
Determination of priority and amount of appropriation; duty of department; certain court orders; department; powers.
(1) The department shall make proper arrangements for the determination of priorities of right to use the public waters of the state and determine the same. The method of determining the priority and amount of appropriation shall be fixed by the department.
(2)(a) The department is authorized to administer any riparian water right that has been validated and recognized in a court order from a court of lawful jurisdiction in the state.
(b) The only surface water appropriations that may be closed for a riparian water right are appropriations held by persons who were parties to the lawsuit validating the riparian water right or appropriations with a priority date subsequent to the date of the court order.
Source
Laws 1919, c. 190, tit. VII, art. V, div. 2, § 7, p. 835;
C.S.1922, § 8426;
C.S.1929, § 81-6307;
R.S.1943, § 46-226;
Laws 2000, LB 900, § 95;
Laws 2009, LB184, § 1.
Annotations
The Department of Natural Resources regulates the appropriation of surface water and has statutory authority to determine the priority and amount of surface water appropriated. Koch v. Aupperle, 274 Neb. 52, 737 N.W.2d 869 (2007).
The Department of Natural Resources has no common-law or statutory duty to regulate the use of ground water in order to protect a party's surface water appropriations. In the absence of independent authority to regulate the use of ground water, the department has no legal duty to resolve conflicts between surface water appropriators and ground water users. Spear T Ranch v. Nebraska Dept. of Nat. Resources, 270 Neb. 130, 699 N.W.2d 379 (2005).
The Department of Natural Resources has no independent authority to regulate ground water users or administer ground water rights for the benefit of surface water appropriators. In re Complaint of Central Neb. Pub. Power, 270 Neb. 108, 699 N.W.2d 372 (2005).
Method of determining priority and amount of appropriation is vested in the exclusive original jurisdiction of the Department of Water Resources. Ainsworth Irr. Dist. v. Harms, 170 Neb. 228, 102 N.W.2d 429 (1960).
Department has authority to determine whether or not appropriation has been lost by nonuser. State v. Nielsen, 163 Neb. 372, 79 N.W.2d 721 (1956).
Under former law, Department of Roads and Irrigation could grant such appropriation for use of water of natural running stream as did not impair prior appropriations and rights to use water and could issue permits for improvements of streams, but could not determine damages or property rights involved. City of Fairbury v. Fairbury Mill & Elevator Co., 123 Neb. 588, 243 N.W. 774 (1932).
Powers of former State Board of Irrigation were quasi-judicial, and adjudications were final, unless appealed from. Enterprise Irr. Dist. v. Tri-State Land Co., 92 Neb. 121, 138 N.W. 171 (1912); Farmers Canal Co. v. Frank, 72 Neb. 136, 100 N.W. 286 (1904).