Nebraska § 46-229.06 Appropriations; partial cancellation; rate of diversion; determination

Nebraska Statutes

§ 46-229.06 — Appropriations; partial cancellation; rate of diversion; determination

Nebraska § 46-229.06

Ch. 46Irrigation and Regulation of Water

This text of Nebraska § 46-229.06 (Appropriations; partial cancellation; rate of diversion; determination) 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. § 46-229.06 (2026).

Text

When a proceeding that is conducted pursuant to sections  46-229  to  46-229.04  concerns the partial cancellation of an appropriation, the Chief Water Officer may receive evidence on the question of whether, following such partial cancellation, a reduction in the rate of diversion to the maximum rate prescribed in section  46-231  would result in an authorized diversion rate less than the rate necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation. If the Chief Water Officer determines, based on a preponderance of the evidence, that such rate would be less than the rate necessary, in the interests of good husbandry, for the production of crops, he or she may approve a diversion rate for the remaining portion of the 

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When a proceeding that is conducted pursuant to sections 46-229 to 46-229.04 concerns the partial cancellation of an appropriation, the Chief Water Officer may receive evidence on the question of whether, following such partial cancellation, a reduction in the rate of diversion to the maximum rate prescribed in section 46-231 would result in an authorized diversion rate less than the rate necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation. If the Chief Water Officer determines, based on a preponderance of the evidence, that such rate would be less than the rate necessary, in the interests of good husbandry, for the production of crops, he or she may approve a diversion rate for the remaining portion of the appropriation greater than the maximum rate authorized by section 46-231 . Such increased rate can be no greater than the rate authorized for the appropriation prior to the partial cancellation and no greater than the rate determined by the Chief Water Officer to be necessary, in the interests of good husbandry, for the production of crops on the lands that remain subject to the appropriation.