Chapter 46. Irrigation and Regulation of Water
Index
- § 46-101. Irrigation Districts; Organization; Grant of Authority
- § 46-102. Elector, Defined
- § 46-103. Irrigation District; How Formed; Petition
- § 46-104. Petition; Map; Requirements
- § 46-105. Petition; Bond; Requirements
- § 46-106. Petition; Notice of Hearing; Report By Director of Natural Resources
- § 46-107. Petition and Plan of Irrigation; Hearing Before County Board; Finding; Appeal to District Court; Procedure; Bond
- § 46-108. District; Lands Included; Lands Irrigated By Pumping
- § 46-109. District; Divisions; Directors; Number; Election; Terms
- § 46-110. District; Organization and Officers; Election; Notice; Voters; Eligibility
- § 46-111. District; Organization and Officers; Election; Procedure; Canvass of Votes; Order of Board; Filing; Election Precincts
- § 46-112. District Officers; Election; Terms
- § 46-113. Officers; Oath; Bond; District As Federal Fiscal Agent; Additional Bond
- § 46-114. Directors; Assumption of Office; Tenure
- § 46-115. Subsequent Elections
- § 46-116. Election Officers; Powers and Duties; Hours of Election
- § 46-117. Elections; Return and Canvass of Vote
- § 46-118. Elections; Statement of Result Entered In Board Record; Certificate of Election; Vacancies, How Filled
- § 46-119. Board; Organization; Officers; Bonds; Payment of Premiums
- § 46-120. Board; General Powers and Duties
- § 46-120.01. Board; Obligate Lands; Emergency Repairs and Replacement; Limitation
- § 46-121. Annual Meeting of Water Users; Petition
- § 46-122. Right to Water Delivery; Duty of Directors
- § 46-123. Right of Eminent Domain In Others; Preserved
- § 46-124. Board of Directors; Meetings; Quorum; Open Records
- § 46-124.01. District; Budget; Public Inspection
- § 46-125. Surveys; Acquisition of Property; Eminent Domain; Procedure; Construction; Powers of Board
- § 46-126. Contracts With United States Authorized; Bonds; Issuance; Tax Levy
- § 46-127. District As Fiscal Agent of the United States; Authority
- § 46-128. Irrigation; Declared a Public Use
- § 46-129. District Property; Title; Conveyance In Trust; Procedure; Election
- § 46-130. Board of Directors; Acquisition of Property; Corporate Powers
- § 46-131. District Annual Assessment; How Prepared
- § 46-132. Assessments; Equalization; Notice
- § 46-133. Assessments; Equalization; Hearings; Valuation; Appeal; Procedure
- § 46-134. Bond and United States Contract Fund; Assessment; Schedule of Increased Assessments
- § 46-135. General Fund; Assessment; Records and Tax Lists
- § 46-136. District Taxes; Collection; Payment; Medium; Fee
- § 46-137. District Taxes; Disposition
- § 46-138. Failure of District Board to Levy Taxes; County Board to Act
- § 46-139. Warrants; Issuance By District; Limit; Past-Due Obligations; Special Levy; Unused Balances; Disposition
- § 46-140. Assessments; Land Belonging to State; When Due; Lien; Preference; Enforcement
- § 46-141. Assessment; Payment Under Protest; Refund
- § 46-142. District Bonds; Payment By County Treasurer; Redemption; Investment of Funds
- § 46-143. District Bonds; Payment By District Treasurer; Additional Bonds Required
- § 46-144. Special Assessment; Warrants; Election; Notice; Rate of Assessment; Disposition of Proceeds
- § 46-145. Construction of Works; Notice; Bond of Contractor; Bids; Letting
- § 46-146. Claims Against District; Warrants; Interest; Payment; Procedure
- § 46-147. Construction Fund; Deposit With County Treasurer; When Authorized; Disbursement
- § 46-148. County Treasurer; Reports to District Board; Contents
- § 46-149. District Treasurer; Reports to District Board; Contents; Warrants; Register; Order of Payment
- § 46-150. Warrants; Form
- § 46-151. Cost of Construction; When Payable In Bonds; Issuance of Additional Bonds; Additional Levy
- § 46-152. Cost of Organization, Operation, and Improvements; How Paid; Tolls; Assessments; Borrowing
- § 46-153. Construction Across Streams, Highways, Railroads, and Ditches; Right-Of-Way Over State Lands; State Water and Water Rights
- § 46-154. Directors; Salaries and Expenses; Officers, Employees, Attorneys, and Agents; Compensation
- § 46-155. Director Or Officer; Interest In Contract Prohibited; Accepting Gratuity Or Bribe; Penalty; Forfeiture of Office
- § 46-156. Limitation On Debts and Liabilities; Eminent Domain; Procedure; Contracts With United States
- § 46-157. Apportionment of Water; Duty of Water Commissioners
- § 46-158. High Water; Duty of Board; Automatic Measuring Devices; Interchange of Water
- § 46-159. Prior Acts Not Repealed; Diversion of Water Without Compensation Prohibited
- § 46-160. Irrigation District; Liability For Failure to Deliver Water; Conditions; Limitation
- § 46-161. District Boundaries; Changes; Inclusion of Lands; Petition; Contents
- § 46-162. Inclusion of Lands; Notice; Advance Cost of Proceeding, By Whom Paid
- § 46-163. Inclusion of Lands; Hearing; Assent of Parties; When Implied
- § 46-164. Inclusion of Lands; Payment of Share of Original Cost to New District; When Required
- § 46-165. Inclusion of Lands; Action of Board; Order; Contents
- § 46-166. Inclusion of Lands; Objection Made; Action of Board
- § 46-167. Inclusion of Lands; Objection Made; Election Required; Notice; Assent of Secretary of the Interior; When Required
- § 46-168. Inclusion of Lands; Result of Vote; Duty of Board
- § 46-169. Changed Boundaries; Copy of Order Filed In Recorder's Office; Effect
- § 46-170. Changed Boundaries; Record; Certified Copy As Evidence
- § 46-171. Inclusion of Lands; Guardians, Executors, and Administrators; When Authorized to Sign Petitions
- § 46-172. Inclusion of New Land In District; Redivision Required; Election Precincts
- § 46-173. District Boundaries; Changes; Exclusion of Lands; Effect
- § 46-174. Exclusion of Lands; Petition; Form; Contents
- § 46-175. Exclusion of Lands; Notice; Form; Contents
- § 46-176. Exclusion of Lands; Hearing; Assent of Parties; When Implied; Nonirrigable Lands
- § 46-177. Exclusion of Lands; Action of Board
- § 46-178. Exclusion of Lands; Assent of Bondholders and Secretary of the Interior Required, When; Order of Exclusion
- § 46-179. Exclusion of Lands; Objection Made; Action of Board; Election Required; Notice; Procedure
- § 46-180. Exclusion of Lands; Result of Vote; Order of Board
- § 46-181. Exclusion of Lands; Copy of Order Filed With Recorder; Effect
- § 46-182. Order of Exclusion; Vacancy In Office of Director; When Created; How Filled
- § 46-183. Exclusion of Lands; Redivision Required; Election Precincts
- § 46-184. Exclusion of Lands; Assessments; Refund; When Allowed; Procedure
- § 46-185. Discontinuance of District; Petition; Special Election; Notice; Procedure
- § 46-186. Discontinuance of District; Result of Election; Resubmission; Sale of Property; Appointment of Appraisers; Notice of Sale
- § 46-187. Discontinuance of District; Sale of Property; Opening of Bids; Sale By Private Negotiation
- § 46-188. Discontinuance of District; Sale of Property; Deferred Payments Lien On Property Sold; Additional Security
- § 46-189. Discontinuance of District; Sale of Property; Action to Collect Purchase Price; In Whose Name Brought
- § 46-190. Discontinuance of District; Assets of District Used to Pay Debts; Procedure; Unused Funds; Distribution
- § 46-191. Discontinuance of District; Obligations Incurred After April 8, 1903; Subject to Redemption Upon Discontinuance
- § 46-192. Discontinuance of District; Final Report By Board; Property Rights; Disposition; Claims Barred After One Year
- § 46-193. Plan of Operation; Construction Work; Survey and Estimate; Report By Director of Natural Resources
- § 46-194. Plan of Operation; Construction Work; Bonds; Issuance; Special Election; Notice; Procedure
- § 46-195. Bonds; Schedule of Maturity
- § 46-196. Bonds; Interest; Dates and Place of Payment
- § 46-197. Bonds; Form; Contents
- § 46-198. Bonds; Record; Interest On Coupons; Special Election; Procedures
- § 46-199. Construction Work; Annual Report By Board of Directors; Duty of Director of Natural Resources
- § 46-1,100. Bonds; Sale; Notice; Procedure
- § 46-1,101. Bonds; How Paid; Assessments
- § 46-1,102. Bonds; Issuance and Sale; Judicial Approval Required
- § 46-1,103. Bonds; Judicial Approval; Petition; Contents
- § 46-1,104. Bonds; Judicial Approval; Hearing; Notice; Form; Contents
- § 46-1,105. Bonds; Judicial Approval; Parties; Motions and Answers; Rules Applicable
- § 46-1,106. Bonds; Judicial Approval; Determination of Legality; Procedure
- § 46-1,107. Water Supply From Outside the State; Power of District to Acquire; Contracts; Bonds
- § 46-1,108. Bonds; Refunding; Reissue
- § 46-1,109. Bonds; Refunding; Conditions For Issuance; Procedure; Notice; Form; Contents; Action of Board When No Objections Filed
- § 46-1,110. Bonds; Refunding; Hearing On Objections; Appeal
- § 46-1,111. Bonds; Refunding; Recitals Required; Delivery; Payment; Laws Applicable
- § 46-1,112. Bonds; Interest; Extension of Maturity; Refunding; Conditions; Requirements
- § 46-1,113. Bonds; Extension of Maturity; Refunding; Election Required, When; Procedure; Laws Applicable
- § 46-1,114. Irrigation Districts; Grant of Additional Powers
- § 46-1,115. Bonds In Discharge of Judgments; Power to Issue; Limit
- § 46-1,116. Bonds; Issuance to Procure Surrender of Outstanding Bonds; Power of District; Limit
- § 46-1,117. Bonds; Issuance to Procure Surrender of Notes and Warrants; Power of District; Limit
- § 46-1,118. Bonds; Issuance For More Than One Purpose
- § 46-1,119. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Maturity; Interest; Redemption
- § 46-1,120. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Contract With Holders, Authorized; Terms
- § 46-1,121. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Powers to Be Exercised By Resolution; Contents
- § 46-1,122. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Special Election Required; Notice; Form and Contents; Effect of Affirmative Vote
- § 46-1,123. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Procedure Where Less Than All Outstanding Are Offered
- § 46-1,124. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Resolution; Contracts; Effect
- § 46-1,125. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Contracts; Duties of Public Officers
- § 46-1,126. Bonds Issued to Discharge Judgments Or Procure Surrender of Bonds, Notes, and Warrants; Rights of Creditors Not Consenting
- § 46-1,127. Bonds; Sinking Fund; How Provided
- § 46-1,128. Irrigation Or Drainage Districts; Sale of Real Estate; Procedure
- § 46-1,129. Sale of Real Estate; Election; Notice; Form; Contents
- § 46-1,130. Sale of Real Estate; Election; Results; Determination
- § 46-1,131. Sale of Real Estate; Notice
- § 46-1,132. Sale of Real Estate; Bids; Acceptance; Conveyance; Form
- § 46-1,133. Irrigation Districts; Public Lands; Taxation; Rights and Obligations of Entrymen
- § 46-1,134. Irrigation Districts; Excluded Lands Not Taxable
- § 46-1,135. Rights of Grantees of Subdivided Lands
- § 46-1,136. Subdivided Lands; Additional Facilities; No Obligation to Furnish
- § 46-1,137. Tolls; Collection Authorized
- § 46-1,138. Delinquent Tolls; Lien On Real Estate; Manner of Collection
- § 46-1,139. District Funds; Authorized Depositories
- § 46-1,140. District Funds; Depository Designated; Deposits Subject to Check Or Order
- § 46-1,141. District Funds; Deposits; How Secured
- § 46-1,142. District Funds; Treasurer Not Liable, When
- § 46-1,143. Contract For Water Supply Authorized
- § 46-1,144. Water Supply; Tax Levy
- § 46-1,145. Contract For Water Supply; Election Required, When; Notice; Procedure; Effect of Affirmative Vote
- § 46-1,146. Water Supply Contracts and Bonds; Rescission; When Authorized
- § 46-1,147. Irrigation Districts; Acceptance of Federal Reclamation Aid
- § 46-1,148. Payment of Federal Charges
- § 46-1,149. Bonds; Contracts; Acceptance of United States Guarantee
- § 46-1,150. Acceptance of Act of Congress Applicable to District
- § 46-1,151. Contracts With United States; Judicial Approval; Proceedings Authorized
- § 46-1,152. Contracts With United States; Procedure For Confirmation; Powers of Court
- § 46-1,153. Contracts With United States; Borrowing Money to Meet Obligations; Powers of Board
- § 46-1,154. Districts Organized At Least One Year; Proceedings Validated
- § 46-1,155. Merger of Districts; Petition; Plan; Contents
- § 46-1,156. Merger of Districts; Outstanding Bonds; Consent of Bondholders
- § 46-1,157. Merger of Districts; Approval By Department of Natural Resources
- § 46-1,158. Merger of Districts; Special Election; Notice
- § 46-1,159. Merger of Districts; Election; Notice; Contents
- § 46-1,160. Merger of Districts; Election; Ballots; Canvass; Board of Directors
- § 46-1,161. Merger of Districts; Board of Directors; Term of Office; Election
- § 46-1,162. Merger of Districts; Election; Effect
- § 46-1,163. Merger of Districts; Indebtedness; Responsibility; Succession to Property
- § 46-201. Water For Irrigation; Declared Natural Want
- § 46-202. Natural Streams; Unappropriated Water; Dedication to Public Use; Appropriated Water; Further Appropriation
- § 46-202.01. Repealed
- § 46-203. First Appropriators; Declared First In Right
- § 46-204. Natural Streams; Priority of Appropriations; First In Time, First In Right; Preference From Nature of Use
- § 46-205. First Appropriators; Date of Priority
- § 46-206. Appropriation; Water to Be Returned to Stream
- § 46-207. Appropriation; No Land to Be Crossed By More Than One Ditch
- § 46-208. Transferred
- § 46-209. Transferred
- § 46-210. Transferred
- § 46-211. Repealed
- § 46-212. Transferred
- § 46-212.01. Transferred
- § 46-212.02. Repealed
- § 46-213. Transferred
- § 46-214. Repealed
- § 46-215. Transferred
- § 46-216. Transferred
- § 46-217. Transferred
- § 46-218. Transferred
- § 46-219. Transferred
- § 46-220. Repealed
- § 46-221. Repealed
- § 46-222. Repealed
- § 46-223. Repealed
- § 46-224. Repealed
- § 46-225. Repealed
- § 46-226. Determination of Priority and Amount of Appropriation; Duty of Department
- § 46-226.01. Application For Recognition of Incidental Underground Water Storage; Procedure
- § 46-226.02. Application; Director; Approval; Conditions
- § 46-226.03. Terms, Defined
- § 46-227. Water In Streams; Measurement; Duty of Department
- § 46-228. Flowing Water; Standards of Measurement
- § 46-229. Appropriations; Beneficial Or Useful Purpose Required; Termination; Procedure
- § 46-229.01. Department; Examine Condition of Ditches
- § 46-229.02. Appropriations; Preliminary Determination of Nonuse; Notice; Order of Cancellation; Procedure
- § 46-229.03. Appropriations; Preliminary Determination of Nonuse; Notice; Contents; Service
- § 46-229.04. Appropriations; Hearing; Decision; Nonuse; Considerations; Consolidation of Proceedings; When
- § 46-229.05. Adjudication of Water Rights; Appeal
- § 46-229.06. Appropriations; Partial Cancellation; Rate of Diversion; Determination
- § 46-230. Adjudication of Water Rights; Record; Duty of Appropriation Owner to Furnish Information; Notice
- § 46-231. Amount and Priority of Appropriation; Determination; Limitation of Amount; Storage Water
- § 46-232. Repealed
- § 46-233. Application to Appropriate Water; Time of Making; Contents; Procedure; Priority Date; Notice; Hearing; Temporary Permit; Emergency Use
- § 46-233.01. Permit to Appropriate Water For Use In Another State; Application; Considerations; Determination
- § 46-233.02. Appropriation of Water For Use In Another State; Laws Governing; Rights of Appropriators
- § 46-234. Application For Water; Refusal; Grounds; Effect; Necessity For Consent; Perfection of Appropriation; Time Allowed
- § 46-235. Application For Water; Approval; Date of Priority; Conditional Or Partial Approval; Hearing; Director; Powers and Duties
- § 46-235.01. Public Water Supplier; Appropriation For Induced Ground Water Recharge; Hearing; Evidence of Beneficial Use; Priority Date; Vesting
- § 46-235.02. Public Water Supplier; Payment of Compensation; When
- § 46-235.03. Public Water Suppliers; Natural Resources Districts; Powers
- § 46-235.04. Induced Ground Water Recharge Appropriations; Administration; Transfer of Priority Dates; Procedure
- § 46-236. Application For Water Power; Lease From State Required; Fee; Renewal; Cancellation; Grounds
- § 46-237. Map Or Plat; Requirements; Failure to Furnish; Effect
- § 46-238. Construction of Project; Time Restrictions; Failure to Comply; Forfeiture; Extension of Time For Completion of Work; Appeal
- § 46-239. Repealed
- § 46-240. Additional Appropriation; Conditions; Application Procedure
- § 46-240.01. Supplemental Additional Appropriations; Agricultural Appropriators; Application
- § 46-241. Application For Water; Storage Reservoirs; Facility For Underground Water Storage; Eminent Domain; Procedure; Duties and Liabilities of Owner
- § 46-242. Use of Stored Water; Permit; Application; Conditions; Limitations; Procedure
- § 46-242.01. Repealed
- § 46-242.02. Repealed
- § 46-243. Application For Water; Reservoir Intended For Raising Water Level
- § 46-244. Canals; Declared Works of Internal Improvement; Laws Applicable
- § 46-245. Irrigation Canal, Defined; Laws Applicable
- § 46-246. Ditches, Dams, Or Similar Works; Construction; Right of Eminent Domain
- § 46-247. Ditches, Dams, Or Similar Works; Construction; Eminent Domain; Procedure
- § 46-248. Right-Of-Way For Irrigation Laterals; Condemnation; Procedure
- § 46-249. Irrigation Works Constructed By Authority of United States; Right-Of-Way Over Public Lands; Grant; School Lands Excepted
- § 46-250. Places of Diversion; Storage Sites; Changes; Procedure
- § 46-251. Irrigation Works; Use of State Lands and Highways; Grant; Right-Of-Way; Condemnation
- § 46-252. Conducting of Water Into Or Along Natural Channels; Withdrawal; Permit, When Required; Liability
- § 46-253. Ditches; Changing Line; Flow Maintained; Liability
- § 46-254. Interfering With Waterworks; Taking Water Without Authority; Penalty
- § 46-255. Ditches; Construction Through Private Property; Bridges and Gates
- § 46-256. Persons Controlling Canals Or Reservoirs; Headgates and Measuring Devices; Failure to Construct; Construction By Department of Natural Resources
- § 46-257. Repealed
- § 46-258. Ditches; Maintenance; Outlets; Headgates; Duties of Owner
- § 46-259. Running Water In Rivers and Ravines; Right to Use
- § 46-260. Repealed
- § 46-261. Lands to Be Irrigated; Appropriations Transferred; Information Filed With Department of Natural Resources; Recording Gauges; Failure to Install; Effect
- § 46-262. Duties of Persons Taking Water; Noncompliance; Liability
- § 46-263. Water; Neglecting and Preventing Delivery; Penalty
- § 46-263.01. Water; Molesting Or Damaging Measuring Device; Penalty
- § 46-263.02. Water; Molesting Or Damaging Measuring Device; Apprehension and Conviction; Reward
- § 46-264. Repealed
- § 46-265. Embankments; Maintenance; Return of Unused Water; Duties of Owner
- § 46-266. Irrigation Water; Overflow On Roads; Duty of Owner to Prevent; Violation; Penalty
- § 46-267. Repealed
- § 46-268. Contract For Use of Water; Record; Rights of Grantee Unimpaired By Foreclosure of Liens
- § 46-269. Mutual Irrigation Companies; Recognized; Bylaws; When Lawful
- § 46-270. Irrigation Projects; How Financed
- § 46-271. Corporations Or Associations; Construction Or Operation of Canals Or Reservoirs; Assessments of Stock; When Authorized; How Enforced
- § 46-272. Water Users' Associations Organized Under Reclamation Act of the United States; Stock Subscriptions; How Recorded; Fees
- § 46-273. Water; United States May Furnish to Individuals; Conditions and Requirements
- § 46-274. Repealed
- § 46-275. Repealed
- § 46-276. Repealed
- § 46-277. Repealed
- § 46-278. Repealed
- § 46-279. Repealed
- § 46-280. Repealed
- § 46-281. Artesian Water; Waste Prohibited
- § 46-282. Artesian Water; Waste; Penalty
- § 46-283. Legislative Findings
- § 46-284. Definitions, Sections Found
- § 46-285. Irrigation Water Reuse Pit, Defined
- § 46-286. Headwater Segment of a Natural Stream, Defined
- § 46-287. Irrigation Water Reuse Pit; Reusing Ground Water; Exempt From Certain Provisions
- § 46-288. Interbasin Transfers; Terms, Defined
- § 46-289. Legislative Findings; Interbasin Transfers; Application For Water; Factors Considered; Order Issued
- § 46-290. Appropriation; Application to Transfer Or Change; Contents; Approval
- § 46-291. Application; Review; Notice; Contents; Comments
- § 46-292. Application; Hearing
- § 46-293. Application; Review; Director of Natural Resources; Powers
- § 46-294. Applications; Approval; Requirements; Conditions; Burden of Proof
- § 46-294.01. Appropriation; Temporary Transfer; Filings Required
- § 46-294.02. Appropriation; Temporary Transfer Or Change; Renewal Or Extension
- § 46-294.03. Appropriation; Temporary Transfer Or Change; Effect On Classification and Valuation
- § 46-294.04. Appropriation; Temporary Transfer Or Change; Effect On Rights of Condemnation
- § 46-294.05. Rules and Regulations
- § 46-295. Legislative Findings
- § 46-296. Terms, Defined
- § 46-297. Permit to Appropriate Water; Modification to Include Underground Water Storage; Procedure
- § 46-298. Repealed
- § 46-299. Permittee; Authorized to Levy a Fee Or Assessment; Limitation
- § 46-2,100. Fee Or Assessment; Limitation
- § 46-2,101. Fee Or Assessment; Application For Approval; Contents; Fee Schedule
- § 46-2,102. Fee Or Assessment; Lien
- § 46-2,103. Injunction; When Issued
- § 46-2,104. Director's Order; Not Subject to Collateral Attack
- § 46-2,105. Appeal
- § 46-2,106. Use of Underground Stored Water; Authorized
- § 46-2,107. Legislative Findings