Neb. Rev. Stat. » Chapter 46
Nebraska Revised Statutes

Neb. Rev. Stat. § 46-101 (2026)

Irrigation District Act, how cited; irrigation districts; organization; grant of authority

✓ current as of July 2026
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(1) Sections 46-101 to 46-1,163 shall be known and may be cited as the Irrigation District Act.

(2) Whenever a majority of the electors owning land or holding leasehold estates, or who are entrymen of government lands, in the manner and to the extent provided in the Irrigation District Act, in any district susceptible to one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation district under the act, and when so organized, each district shall have the power conferred by law upon such irrigation district.

Notes of Decisions
Cited in 9 cases, 1946–2017 · leading case: Halligan v. Elander, 25 N.W.2d 13 (Neb. 1946).
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Halligan v. Elander, 25 N.W.2d 13 (Neb. 1946). · cites it 3× “1943, imposes a limitation upon the power of irrigation districts organized under sections 46-101 to 46-128, R. S. 1943, to incur any-debt or liability in excess of the express provisions of sections 46-101 to 46-1,111, R.”
Crouse v. Pioneer Irrigation Dist., 719 N.W.2d 722 (Neb. 2006). · cites it 2× “Exclusion of Lands From Irrigation District (a) Statutory Procedure Neb. Rev. Stat. §§ 46-101 to 46-128 (Reissue 2004) provides for the organization and governance of irrigation districts in Nebraska.”
Chimney Rock Irr. Dist. v. FAWCUS SPRINGS IRR., 359 N.W.2d 100 (Neb. 1984). · cites it 6× “Thereafter, Schmidt's father, as one of the directors of Fawcus Springs, appeared before Chimney Rock seeking a right-of-way across a strip of land containing Chimney Rock's irrigation canal, which canal separates the land in Fawcus Springs from its water supply.”
Twin Loups Reclamation Dist. v. Blessing, 276 N.W.2d 185 (Neb. 1979). “1943, provides that: “The board of directors, or other officers of the (Irrigation) district, shall have no power to incur any debt or liability whatever, either by issuing bonds or otherwise, in excess of the express provisions of sections 46-101 to 46-1,111 * * *.” However,…”
Baum v. Cnty. of Scotts Bluff, 109 N.W.2d 295 (Neb. 1961). “” See §§ 46-101 to 46-128, R. R. S. 1943. Section 70-671, R.”
Empfield v. Ainsworth Irrigation Dist., 286 N.W.2d 94 (Neb. 1979). · cites it 2× “, § 423e, the so-called “excess acre law,” requires in part that all contracts with irrigation districts shall provide that all irrigable land held in private ownership by any one owner in excess of 160 acres shall not receive water for such excess acres until compliance is had…”
Chimney Rock Irrigation Dist. v. Fawcus Springs Irrigation Dist., 359 N.W.2d 100 (Neb. 1984). · cites it 6× “Thereafter, Schmidt’s father, as one of the directors of Fawcus Springs, appeared before Chimney Rock seeking a right-of-way across a strip of land containing Chimney Rock’s irrigation canal, which canal separates the land fn Fawcus Springs from its water supply.”
Wood v. Farwell Irrigation Dist., 349 N.W.2d 633 (Neb. 1984). · cites it 2× “The evidence, as presented in support of the motion for summary judgment, discloses that both Far-well and Loup are political subdivisions of the State of Nebraska, formed under and pursuant to the provisions of Neb. Rev. Stat. §§ 46-101 et seq. and 46-501 et seq.”
Frenchman-Cambridge Irr. Dist. v. Dept. of Nat. Res., 297 Neb. 999 (Neb. 2017). · cites it 2× “The portion of the basin located in Nebraska is divided into three 1 See Neb. Rev. Stat. § 46-101 et seq. (Reissue 2010 & Cum.”
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