§ 46-160 — Irrigation district; liability for failure to deliver water; conditions; limitation

Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; Provided, however, such districts shall not be liable as herein provided, unless the party suffering such damages by reason of such negligence or failure shall, within thirty days after such negligent acts are committed, or such districts shall fail to deliver water, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts committed or the omissions of duties to be performed on the part of the district, which it is claimed to constitute such negligence or omission and that he expects to hold such district liable for whatever damages may result; provided further, such action shall be brought within one year from the time the cause has accrued.

Legislative History

Source: Laws 1911, c. 164, § 1, p. 538; R.S.1913, § 3526; C.S.1922, § 2926; C.S.1929, § 46-171; R.S.1943, § 46-160. Annotations: Action grounded on negligence for failure to deliver water was barred. Cover v. Platte Valley Public Power & Irr. Dist., 156 Neb. 644, 57 N.W.2d 275 (1953). Requirement of written notice to district does not apply to damages arising from the invasion of contract right to a specific quantity of the natural flow of water in a river. Ledingham v. Farmers Irr. Dist., 135 Neb. 276, 281 N.W. 20 (1938). Irrigation district, being liable hereunder for failure to deliver water to landowner entitled thereto, is not liable for injury resulting from lawful application of water to land by owners. Spurrier v. Mitchell Irr. Dist., 119 Neb. 401, 229 N.W. 273, 74 A.L.R. 884 (1930). Notice required by this section is in time, if filed within thirty days from time district had reasonable opportunity to make repair and negligently fails to do so, or, without reasonable excuse, signifies it will not be made. Six v. Bridgeport Irr. Dist., 105 Neb. 254, 179 N.W. 1014 (1920).