Nebraska § 46-269 Mutual irrigation companies; recognized; bylaws; when lawful

Nebraska Statutes

§ 46-269 — Mutual irrigation companies; recognized; bylaws; when lawful

Nebraska § 46-269

Ch. 46Irrigation and Regulation of Water

This text of Nebraska § 46-269 (Mutual irrigation companies; recognized; bylaws; when lawful) 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. § 46-269 (2026).

Text

Any corporation or association organized under the laws of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation purposes, and deriving no revenue from their operation, shall be termed a mutual irrigation company, and any bylaws adopted by such company, not in conflict herewith, shall be deemed lawful and so recognized by the courts of this state;  Provided,  such bylaws do not impair the rights of one shareholder over another.

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Any corporation or association organized under the laws of this state for the purpose of constructing and operating canals, reservoirs, and other works for irrigation purposes, and deriving no revenue from their operation, shall be termed a mutual irrigation company, and any bylaws adopted by such company, not in conflict herewith, shall be deemed lawful and so recognized by the courts of this state; Provided, such bylaws do not impair the rights of one shareholder over another.

Legislative History

Source: Laws 1919, c. 190, tit. VII, art. V, div. 3, § 24, p. 855; C.S.1922, § 8474; C.S.1929, § 46-624; R.S.1943, § 46-269. Annotations: Mutual canal company possesses only those powers expressly or impliedly granted. Thirty Mile Canal Co. v. Carskadon, 160 Neb. 496, 70 N.W.2d 432 (1955). Stockholder in mutual irrigation company cannot compel company to furnish him water without payment of his share of maintenance fund. Swanger v. Porter, 87 Neb. 764, 128 N.W. 516 (1910). Duty of those in charge to operate so as to obtain profit applies to mutual irrigation company. Robbins v. Winters Creek Canal Co., 109 F.2d 849 (8th Cir. 1940).