§ 46-739.01 — District; approval of certain transfers or program participation; report of title required; form; written consent of lienholder; rights of lienholder

Nebraska § 46-739.01

• Jurisdiction: Nebraska
• Ch. 46: Irrigation and Regulation of Water

Text

(1)
Notwithstanding any other provision of law, no district shall approve a transfer
of certified water uses or certified irrigated acres or allow a ground water
user or landowner to participate in a financial or other incentive program
established pursuant to subsection (8) of section 46-739 unless the person
seeking such transfer or participation in such program has submitted to the
district a report of title issued by an attorney or a registered abstracter,
on a form prescribed by the district, reflecting (a) the owner and legal description
of the land from which the certified water uses or certified irrigated acres
are to be transferred or which is the subject of such program and (b) the
existence of all liens, evidenced by the filing of a mortgage, trust deed,
or other equivalent consensual security interest, against the land from which
the certified water uses or certified irrigated acres are to be transferred
or which is the subject of such program and the name and address of each such
lienholder, if any. If the report of title reflects the existence of any lien
evidenced by the filing of a mortgage, trust deed, or other equivalent consensual
security interest, written consent to such transfer or participation in such
program shall be obtained from each such lienholder. The district may assess
a fee against the person seeking such transfer or participation in such program
to recoup its costs in reviewing the report of title. This subsection does not apply to a transfer of certified
water uses or certified irrigated acres resulting from: A one-time transfer
of four acres or less; participation in a financial or other incentive program
that involves the transfer, purchase, or retirement of four acres or less;
or a transfer that involves one landowner on a single tract of land in which
there is no reduction or increase in certified water uses or certified irrigated
acres and the transfer involves an improvement in irrigation efficiency.
(2) Approval of a transfer of certified water uses or certified
irrigated acres or authorization of a ground water user or landowner to participate
in such financial or other incentive program by a district shall not affect
the rights of any lienholder who is not reflected in the report of title and
from whom the required consent was not obtained. Such a lienholder may bring
an action against the person seeking such transfer or participation in such
program for damages or injunctive or other relief for any injury done to the
lienholder's interest in land or use of ground water resulting from such transfer
or participation.
(3) This section does not limit the right to resort to other
means of review, redress, or relief provided by law.

Legislative History

Source: Laws 2009, LB477, § 7; Laws 2010, LB862, § 3.