Nebraska § 46-128 Irrigation; declared a public use

Nebraska Statutes

§ 46-128 — Irrigation; declared a public use

Nebraska § 46-128

Ch. 46Irrigation and Regulation of Water

This text of Nebraska § 46-128 (Irrigation; declared a public use) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Neb. Rev. Stat. § 46-128 (2026).

Text

The use of all water required for the irrigation of lands of any district formed under the provisions of sections  46-101  to  46-128 , together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the provisions of sections  46-101  to  46-1,111 , is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.

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The use of all water required for the irrigation of lands of any district formed under the provisions of sections 46-101 to 46-128 , together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the provisions of sections 46-101 to 46-1,111 , is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.

Legislative History

Source: Laws 1895, c. 70, § 10, p. 277; Laws 1903, c. 121, § 1, p. 619; Laws 1905, c. 166, § 1, p. 651; Laws 1909, c. 157, § 1, p. 568; Laws 1911, c. 159, § 1, p. 528; Laws 1913, c. 226, § 1, p. 657; R.S.1913, § 3466; Laws 1915, c. 69, § 3, p. 175; C.S.1922, § 2866; C.S.1929, § 46-110; R.S.1943, § 46-128. Annotations: This section does no more than provide that land necessarily taken to benefit an irrigation district is taken for a public use, and whether the use for which property is taken is public or private in nature is a judicial question, not a legislative one. Chimney Rock Irr. Dist. v. Fawcus Springs Irr. Dist., 218 Neb. 777, 359 N.W.2d 100 (1984).