Nebraska Revised Statutes

Neb. Rev. Stat. § 46-205 (2026)

First appropriators; date of priority

✓ current as of July 2026

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The priority of an appropriation shall date from the filing of the application with the Chief Water Officer of the Department of Water, Energy, and Environment.

Notes of Decisions

Cited in 4 cases, 1979–2010 · leading case: Hitchcock & Red Willow Irrigation Dist. v. Lower Platte North Nat. Resources Dist., 410 N.W.2d 101 (Neb. 1987).

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Hitchcock & Red Willow Irrigation Dist. v. Lower Platte North Nat. Resources Dist., 410 N.W.2d 101 (Neb. 1987). · cites it 2× “The department is required to have public hearings on such applications, to receive evidence relevant to the matter under investigation, and to render a decision in writing. Neb. Rev. Stat. § 46-209 (Reissue 1984).”

Northport Irrigation Dist. v. Jess, 337 N.W.2d 733 (Neb. 1983). · cites it 2× “Priority of appropriations dates from the filing of the application in the office of the Department of Water Resources, under Neb. Rev. Stat. § 46-205 (Reissue 1978). Appropriation by the public requires an application to the Department of Water Resources setting forth certain…”

Twin Loups Reclamation Dist. v. Blessing, 276 N.W.2d 185 (Neb. 1979). · cites it 2× “” (Subsequent to the Bridgeport decision, the savings clause became section 46-205, Compiled Statutes of Nebraska, 1929, and was entirely omitted, without comment, when the statutes were revised in 1943.”

Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010). “§ 46-205; Northport Irr. Dist. v. Jess, 215 Neb.”

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