Nebraska Revised Statutes

Neb. Rev. Stat. § 46-226 (2026)

Determination of priority and amount of appropriation; duty of Chief Water Officer; certain court orders; powers of Chief Water Officer

✓ current as of July 2026

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(1) The Chief Water Officer shall make proper arrangements for the determination of priorities of right to use the public waters of the state and determine the same. The method of determining the priority and amount of appropriation shall be fixed by the Chief Water Officer.

(2)(a) The Chief Water Officer is authorized to administer any riparian water right that has been validated and recognized in a court order from a court of lawful jurisdiction in the state.

(b) The only surface water appropriations that may be closed for a riparian water right are appropriations held by persons who were parties to the lawsuit validating the riparian water right or appropriations with a priority date subsequent to the date of the court order.

Notes of Decisions

Cited in 5 cases, 1956–2007 · leading case: Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005).

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Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005). · cites it 2× “” In addition, Neb. Rev. Stat. § 46-226 (Reissue 2004) states: “The department shall make proper arrangements for the determination of priorities of right to use the public waters of the state and determine the same.”

Spear T Ranch, Inc. v. Nebraska Dep't of Nat. Resources, 699 N.W.2d 379 (Neb. 2005). · cites it 4× “Spear T also alleged that Neb. Rev. Stat. § 46-226 (Reissue 2004) imposed a duty upon the Department to make proper arrangements for the determination of priorities of the right to use the public waters of the state and to determine the same.”

Koch v. Aupperle, 737 N.W.2d 869 (Neb. 2007). “9 § 46-226. 10 § 61-206(1). 11 State ex rel.”

State v. Nielsen, 79 N.W.2d 721 (Neb. 1956). · cites it 2× “” Section 46-226, R. R. S. 1943, provides: “The Department of Roads and Irrigation shall make proper arrangements for the determination of priorities of right to use the public waters of the state, and determine the same.”

In Re Application of the Ainsworth Irrigation Dist., 102 N.W.2d 429 (Neb. 1960). · cites it 2× “” In that connection, section 46-226, R. R. S. 1943, provides that: “The Department of Roads and Irrigation (now the Department of Water Resources) shall 'make proper arrangements for the determination of priorities of right to use the public waters of the state, and determine…”

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