Nebraska Revised Statutes

Neb. Rev. Stat. § 46-226.01 (2026)

Application for recognition of incidental underground water storage; procedure

✓ current as of July 2026

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Any person having an approved perfected appropriation may file with the Chief Water Officer an application for recognition of incidental underground water storage associated with such appropriation on a form prescribed and furnished by the Chief Water Officer without cost. Upon receipt of an application, the Chief Water Officer shall proceed in accordance with rules and regulations adopted and promulgated by the Chief Water Officer.

Notes of Decisions

Cited in 6 cases, 1987–1998 · leading case: Cent. Nebraska Pub. Power & Irrigation Dist. v. John D., 413 N.W.2d 290 (Neb. 1987).

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Cent. Nebraska Pub. Power & Irrigation Dist. v. John D., 413 N.W.2d 290 (Neb. 1987). · cites it 29× “At that time Neb. Rev. Stat. § 46-226.01 (Reissue 1984) *596 provided as follows: Any person having an approved perfected appropriation may file with the department an application for recognition of incidental underground water storage associated with such appropriation, and for…”

In Re Application A-16642, 463 N.W.2d 591 (Neb. 1990). · cites it 2× “Neb.Rev.Stat. §§ 46-226.01, 46-226.02, and 46-297 (Reissue 1988) provide procedures for the recognition of such rights.”

Willers Ex Rel. Powell v. Willers, 587 N.W.2d 390 (Neb. 1998). · cites it 4× “In re Application U-2 involved an application for recognition of underground water storage pursuant to Neb. Rev. Stat. § 46-226.01 (Reissue 1984).”

Bamford v. Upper Repub. Nat. Resources Dist., 512 N.W.2d 642 (Neb. 1994). “argue that § 46-226.01 is an unconstitutional delegation of legislative authority and that it does not contain adequate legal standards to govern the director’s review of an application.”

Nebraska Game & Parks Comm'n v. 25 Corp., 463 N.W.2d 591 (Neb. 1990). · cites it 2× “Neb. Rev. Stat. §§ 46-226.01 , 46-226.02, and 46-297 (Reissue 1988) provide procedures for the recognition of such rights.”

Bamford v. Upper Repub. Nat. Res. D., 512 N.W.2d 642 (Neb. 1994). “argue that § 46-226.01 is an unconstitutional delegation of legislative authority and that it does not contain adequate legal standards to govern the director's review of an application.”

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