Nebraska § 46-801 Natural lakes; drainage; diversion; application

Nebraska Statutes

§ 46-801 — Natural lakes; drainage; diversion; application

Nebraska § 46-801

Ch. 46Irrigation and Regulation of Water

This text of Nebraska § 46-801 (Natural lakes; drainage; diversion; application) 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. § 46-801 (2026).

Text

No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or other purpose than the bed of such lake would have for agricultural purposes. Any person intending to drain, lower, divert, or in any way reduce the waters or water supply of any natural or perennial lake shall, before commencing the construction of any such work for drainage or diversion, make application to the Chief Water Officer of the Department of Water, Energy, and Environment for a permit to do so.

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No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or other purpose than the bed of such lake would have for agricultural purposes. Any person intending to drain, lower, divert, or in any way reduce the waters or water supply of any natural or perennial lake shall, before commencing the construction of any such work for drainage or diversion, make application to the Chief Water Officer of the Department of Water, Energy, and Environment for a permit to do so.

Legislative History

Source: Laws 1919, c. 190, tit. VII, art. V, § 1, p. 857; C.S.1922, § 8480; C.S.1929, § 81-6401; R.S.1943, § 81-702; Laws 1957, c. 365, § 14, p. 1239; Laws 1994, LB 1165, § 21; Laws 2000, LB 900, § 225; Laws 2025, LB317, § 248. Operative Date: July 1, 2025 Annotations: Drainage of natural lake may be enjoined. Lackaff v. Bogue, 158 Neb. 174, 62 N.W.2d 889 (1954). Drainage of natural lakes covering an area in excess of twenty acres is governed by this section. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950). Whether water constitutes natural or perennial lake, requiring permit under this section before attempting to drain same, is question of fact to be determined from evidence. Beem v. Davis, 111 Neb. 96, 195 N.W. 948 (1923).