Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations; Provided, however, such districts shall not be liable as herein provided, unless the party suffering such damages by reason of such negligence or failure shall, within thirty days after such negligent acts are committed, or such districts shall fail to deliver water, serve a notice in writing on the chairman of the board of directors of such district, setting forth particularly the acts committed or the omissions of duties to be performed on the part of the district, which it is claimed to constitute such negligence or omission and that he expects to hold such district liable for whatever damages may result; provided further, such action shall be brought within one year from the time the cause has accrued.
Notes of Decisions
Peterson v. Gering Irrigation Dist., 363 N.W.2d 145 (Neb. 1985).
· cites it 6× “The claim alleged that the defendant was liable for damages resulting from its failure to deliver water pursuant to Neb. Rev. Stat. § 46-160 (Reissue 1984). No action was taken on this “claim.”
Mauler v. Pathfinder Irrigation Dist., 505 N.W.2d 691 (Neb. 1993).
· cites it 3× “§ 46-160 (Reissue 1988), which provides as follows: Every irrigation district within the State of Nebraska shall be liable in damages for negligence in delivering or failure to deliver water to the users from its canal to the same extent as private persons and corporations;…”
Cover v. Platte Valley Pub. Power & Irrigation Dist., 57 N.W.2d 275 (Neb. 1953).
· cites it 6× “The two assignments together assert that the petition failed to state a cause of action in that action is barred by section 46-160, R. R. S. 1943, which provides there shall be no liability upon an irrigation district for damages for negligence in delivering or failure to…”
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