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

Neb. Rev. Stat. § 46-204 (2026)

Natural streams; priority of appropriations; first in time, first in right; preference from nature of use

✓ current as of July 2026
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The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority 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 the water for domestic purposes shall have the preference over those claiming it for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes.

Notes of Decisions
Cited in 6 cases, 1969–2015 · 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 4× “The Department's director therefore erred in dismissing their hearing request.”
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. § 46-204 (Reissue 1984) permits denial of water diversion when such denial is in the public interest.”
Little Blue Nat. Resources Dist. v. Lower Platte North Nat. Resources Dist., 317 N.W.2d 726 (Neb. 1982). · cites it 2× “Since our decision in Little Blue I, the Legislature of the State of Nebraska has amended the provisions of Neb. Rev. Stat. §§ 46-204 , 46-206, 46-234, and 46-235 (Supp.”
In re Appropriation A-7603, 291 Neb. 678 (Neb. 2015). · cites it 2× “Neb. Rev. Stat. § 46-204 (Reissue 2010); In re 2007 Appropriations of Niobrara River Waters, 278 Neb.”
Brummund v. Vogel, 168 N.W.2d 24 (Neb. 1969). · cites it 2× “Article XV, sections 4 to 6, Constitution of Nebraska, incorporates a portion of the irrigation act of 1895 and particularly what is now section 46-204, R. R. S. 1943, in providing as follows: “*'* * ‘Priority of appropriation shall give the better right as between those using…”
Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010). · cites it 6× “Neb.Rev.Stat. § 46-204; Bond, 278 Neb. at 139 , 768 N.”
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