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Nebraska Revised Statutes

Neb. Rev. Stat. § 46-203 (2026)

First appropriators; declared first in right

✓ current as of July 2026
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As between appropriators, the one first in time is first in right.

Notes of Decisions
Cited in 8 cases, 1969–2013 · leading case: In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009).
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In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009). · cites it 2× “We remand the cause to the director for further proceedings. REVERSED AND REMANDED FOR FURTHER PROCEEDINGS.”
Hitchcock & Red Willow Irrigation Dist. v. Lower Platte North Nat. Resources Dist., 410 N.W.2d 101 (Neb. 1987). · cites it 2× “Neb. Rev. Stat. § 46-203 (Reissue 1984) establishes a “first in time is first in right” seniority system for water appropriations.”
In re Application A-18503, 286 Neb. 611 (Neb. 2013). · cites it 2× “6 See Neb. Rev. Stat. §§ 46-203 to 46-205 and 46-235 (Reissue 2010).”
Northport Irrigation Dist. v. Jess, 337 N.W.2d 733 (Neb. 1983). · cites it 2× “)” Neb. Rev. Stat. § 46-203 (Reissue 1978) establishes a ‘‘first in time is first in right” seniority system for water appropriations.”
Cent. Platte Nat. Resources Dist. v. State, 512 N.W.2d 392 (Neb. Ct. App. 1993). · cites it 3× “The doctrine of prior appropriation is codified in chapter 46, article 2, of the Nebraska Revised Statutes, including Neb. Rev. Stat. §§ 46-203 and 46-205 (Reissue 1988).”
Brummund v. Vogel, 168 N.W.2d 24 (Neb. 1969). “§§ 46-203 and 46-204, R. R. S. 1943; Wasserburger v.”
Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010). · cites it 2× “” *852 Neb.Rev.Stat. § 46-203. An appropriator with the earlier in time priority date is the “senior appropriator,” and the appropriator with the later in time priority date is the “junior appropriator.”
Gerard Keating v. Nebraska Pub. Power Dist. (8th Cir. 2009). “” Neb. Rev. Stat. § 46-203 . However, [p]riority of appropriation shall give the better right as between those using the water for the same purposes, but when the waters of any natural stream are not sufficient for the use of all those desiring the use of the same, those using…”
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