Each appropriation shall be determined in its priority and amount by the time at which it is made and the amount of water which the works are constructed to carry. An appropriator shall at no time be entitled to the use of more than he or she can beneficially use for the purposes for which the appropriation has been made, and the amount of any appropriation made by means of enlargement of the distributing works shall be determined in like manner.
An allotment from the natural flow of streams for irrigation shall not exceed one cubic foot per second of time for each seventy acres of land and shall not exceed three acre-feet in the aggregate during one calendar year for each acre of land for which such appropriation has been made, and an allotment shall not exceed the least amount of water that experience may indicate is necessary, in the exercise of good husbandry, for the production of crops. Such limitations do not apply to storage waters or to water appropriations transferred pursuant to sections 46-2,122 to 46-2,125 and 46-2,127 to 46-2,129.
When storage water is being used in addition to the natural flow, the person in charge of the ditch or canal shall, upon his or her request and within twenty-four hours thereof, be notified in writing by the user of such storage waters of the time of withdrawal from natural streams to be distributed according to law.
When an appropriation is for irrigation purposes and the amount is so small that a proper distribution and application is impractical, as much water as the applicant can use without waste may be allotted for a limited time so fixed by the Chief Water Officer as to give each appropriator his or her just share without violating other rights, so long as (1) the volume of water used in a twenty-four-hour period does not exceed the amount of water that would otherwise have been allowed at the approved fixed continuous rate for a twenty-four-hour period or (2) the volume of water used in a seven-day, Monday-through-Sunday period does not exceed the amount of water that would otherwise have been allowed at the approved fixed continuous rate for a seven-day period. The Chief Water Officer shall determine schedules among appropriators to assure that other rights are not violated.
Notes of Decisions
Nebraska Pub. Power Dist. v. Dep't of Nat. Resources, 686 N.W.2d 360 (Neb. 2004).
· cites it 13× “Neb. Rev. Stat. § 46-231 (Cum. Supp. 2002) sets forth the proper ratio to apply: “An allotment from the natural flow of streams for irrigation shall not exceed one cubic foot per second of time for each seventy acres of land .”
In re Application A-18503, 286 Neb. 611 (Neb. 2013).
· cites it 2× “By way of comparison, in setting the limits for irrigation appropriations, Neb. Rev. Stat. § 46-231 (Reissue 2010) provides that surface water allotments “shall not exceed one cubic foot per second for each seventy acres of land and shall not exceed three acre- feet in the…”
Cent. Nebraska Pub. Power & Irrigation Dist. v. John D., 413 N.W.2d 290 (Neb. 1987).
“The diversion rate for natural flow from the Platte River under water appropriations A-2355, A-10280 and A-10281 shall be governed by the provisions of §§ 46-231 and 46-240.01 which specify water duty limitations.”
Northport Irrigation Dist. v. Jess, 337 N.W.2d 733 (Neb. 1983).
· cites it 2× “A change of point of diversion was sought by Northport in 1979 and no mention was made in the application, order, or map that Northport considered Upper Dugout Creek as a source of water.”
Cent. Platte Nat. Resources Dist. v. State, 512 N.W.2d 392 (Neb. Ct. App. 1993).
· cites it 2× “2d 591 (1990); Neb. Rev. Stat. § 46-231 (Reissue 1988). The second principle is that in times of shortages, those with senior rights will be given their full allotted use of the water before any junior or subordinate right holders are allowed to take water from the particular…”
Peterson v. Gering Irrigation Dist., 363 N.W.2d 141 (Neb. 1985).
· cites it 2× “Neb. Rev. Stat. § 46-231 (Reissue 1984). The plaintiffs are receiving their proper appropriation of water, and the evidence is that their field can be successfully irrigated by gravity with water delivered at the elevation of the high point of their land.”
Middle Loup Pub. Power & Irrigation Dist. v. Loup River Pub. Power Dist., 32 N.W.2d 874 (Neb. 1948).
“§ 46-231, R. S. 1943. The appellees contend that the Department of Roads and Irrigation by the order intended that the appropriation was for a maximum of one acre-foot for each acre of land to which water is actually and usefully applied, measured at the point of diversion.”
Annotations are extracted automatically from the opinions in the
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