Nebraska Revised Statutes
Neb. Rev. Stat. § 46-209 (2026)
✓ current as of July 2026
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46-209.
Transferred to section 61-206.
Notes of Decisions
Cited in 15
cases, 1956–1996 · leading case: Cent. Platte Nat. Resources Dist. v. State, 513 N.W.2d 847 (Neb. 1994).
Cent. Platte Nat. Resources Dist. v. State, 513 N.W.2d 847 (Neb. 1994). “Neb. Rev.Stat. § 46-209 (Cum.Supp.1992). At issue here are subsections (1), (3), and (5).”
City of Lincoln v. Twin Platte Nat. Resources Dist., 551 N.W.2d 6 (Neb. 1996). “On October 30, 1995, Twin Platte filed a motion requesting that the director withdraw his October 13 order and grant it a hearing pursuant to Neb. Rev. Stat. § 46-209 (Supp. 1995), which provides, in pertinent part: *454 If a decision is made without a hearing, a hearing shall…”
Cent. Nebraska Pub. Power & Irrigation Dist. v. John D., 413 N.W.2d 290 (Neb. 1987). “In addition, Neb. Rev. Stat. § 46-209 (Reissue 1984) gives DWR jurisdiction “over all matters pertaining to water rights for irrigation, power, or other useful purposes .”
In Re Application A-16642, 463 N.W.2d 591 (Neb. 1990). “" Section 46-2, 110 requires applications for instream flow appropriations to "include the locations on the stream at which the need for instream flows begins and ends...." As noted in part II of this opinion, the beginning and ending points of the segment for which the…”
Cent. Nebraska Conservation Ass'n v. City of Fremont, 480 N.W.2d 709 (Neb. 1992). “We conclude that proceedings before the Department of Water Resources brought pursuant to Neb. Rev. Stat. § 46-209 (Reissue 1988) also are special proceedings for purposes of § 25-1902.”
Hitchcock & Red Willow Irrigation Dist. v. Lower Platte North Nat. Resources Dist., 410 N.W.2d 101 (Neb. 1987). “Neb. Rev. Stat. § 46-209 (Reissue 1984). The record of the department’s proceedings in the present case reveals that the director’s conclusion relative to the availability of unappropriated water rests upon a large amount of technical and other evidence showing the historical…”
Bamford v. Upper Repub. Nat. Resources Dist., 512 N.W.2d 642 (Neb. 1994). “02 sets out specific conditions which must be met before the director may approve an application____ *308 In addition, Neb. Rev. Stat. § 46-209 (Reissue 1984) gives DWR jurisdiction “over all matters pertaining to water rights for irrigation, power, or other useful purposes .”
State Ex Rel. Blome v. Bridgeport Irrigation Dist., 286 N.W.2d 426 (Neb. 1979). “See, § 46-209, R. R. S. 1943; Hickman v. Loup River Public Power Dist.”
North Loup River Pub. Power & Irrigation Dist. v. Loup River Pub. Power Dist., 74 N.W.2d 863 (Neb. 1956). “Under the provisions of section 46-209, R. R. S. 1943, the department is required to adopt rules, the pertinent part being: “The Department of Roads and Irrigation is given jurisdiction over all matters pertaining to water rights for irrigation, power or other useful purposes,…”
State v. Nielsen, 79 N.W.2d 721 (Neb. 1956). “The defendant contends that the Department of Roads and Irrigation has exclusive jurisdiction over all matters *380 pertaining to the granting or cancellation of water rights in this state as provided for in section 46-209, R. R. S. 1943. Section 46-208, R.”
Cent. Platte Nat. Resources Dist. v. State, 512 N.W.2d 392 (Neb. Ct. App. 1993). “Neb. Rev. Stat. § 46-209 (Cum. Supp. 1992).”
Hickman v. Loup River Pub. Power Dist., 113 N.W.2d 617 (Neb. 1962). “The contention is advanced by Loup District that this is not a class action irrespective of the fact that it is alleged in Hickman’s petition to be such.”
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