Neb. Rev. Stat. » Chapter 46
Nebraska Revised Statutes

Neb. Rev. Stat. § 46-238 (2026)

Construction of project; time restrictions; failure to comply; forfeiture; extension of time for completion of work; appeal

✓ current as of July 2026
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(1) Within twelve months after the approval of any application for water for irrigation, power, or other useful purpose by the Chief Water Officer, the person making such application shall commence the excavation or construction of the works in which it is intended to divert the water and the actual construction of any water power plant and reservoir or reservoirs for storage in connection therewith and shall vigorously, diligently, and uninterruptedly prosecute such work to completion unless temporarily interrupted by some unavoidable and natural cause. A failure to comply with this section shall work a forfeiture of the appropriation and all rights under the appropriation. The cost of promotion and engineering work shall not be considered a part of the cost of construction, and the progress of the construction work shall be such that one-tenth of the total work shall be completed within one year from the date of approval of the application. The construction of all work required in connection with the proposed project shall be prosecuted in the manner described in this section and with such a force as shall assure the average rate of constructional progress necessary to complete such work or works within the time stipulated in the approval of such application, notwithstanding the ordinary delays and casualties that must be expected and provided against. A failure to carry on the construction of either an irrigation project or a water power project as outlined in this section shall work a forfeiture of the appropriation and all rights under the appropriation, and the Chief Water Officer shall cancel such appropriation. The Chief Water Officer shall have free access to all records, books, and papers of any irrigation or water power company, shall have the right to go upon the right-of-way and land of any such company, shall inspect the work to see that it is being done according to plans and specifications approved by the Chief Water Officer, and shall also keep a record of the cost of construction work when deemed advisable for physical valuation purposes.

(2) The Chief Water Officer may extend, for reasonable lengths of time, the time for commencing excavation or construction, completion of works, the application of water to a beneficial use, or any of the other requirements for completing or perfecting an application for flow or storage rights as fixed in the approval of an application or otherwise for the appropriation of water. Such extension may be granted upon a petition to the Chief Water Officer and the showing of reasonable cause. The Chief Water Officer shall cause a notice of each petition received to be published at the petitioner's expense in at least one newspaper of general circulation in the county or counties of the appropriation once a week for three consecutive weeks. The Chief Water Officer shall hold a hearing on the issue of extension on the Chief Water Officer's own motion or if requested by any interested person. If a hearing is held, notice shall be given by certified mail to the applicant, to any person who requested a hearing, and to any person who requests notification of the hearing. The Chief Water Officer may grant the extension in the absence of a hearing if no requests for a hearing are received. Any interested person may be made a party to such action. Any party affected by the decision on the petition may appeal directly to the Court of Appeals. Subsequent extensions may be made in the same manner.

Notes of Decisions
Cited in 6 cases, 1956–1992 · leading case: Cent. Nebraska Conservation Ass'n v. City of Fremont, 480 N.W.2d 709 (Neb. 1992).
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Cent. Nebraska Conservation Ass'n v. City of Fremont, 480 N.W.2d 709 (Neb. 1992). · cites it 3× “Neb. Rev. Stat. § 46-238 (1) (Reissue 1988), provides, in part, “A failure to carry on the construction of either an irrigation or water power project as outlined in this section shall work a forfeiture of the appropriation and all rights thereunder, and the department shall…”
Ainsworth Irrigation Dist. v. Bejot, 102 N.W.2d 416 (Neb. 1960). · cites it 14× “” In that connection, section 46-238, R. S. Supp., 1959, effective September 20, 1957, provides in part: “Any application for an appropriative right which is deficient by reason of past failure to comply with any of the requirements of sections 46-233 and 46-238 for the…”
Hickman v. Loup River Pub. Power Dist., 113 N.W.2d 617 (Neb. 1962). · cites it 4× “The Loup District also contends that Middle Loup District, North Loup District and the receiver, are not entitled to intervene in the action for the reason that they are barred by the time limitation contained in section 46-238, R. R. S. 1943. The applicable part of this statute…”
North Loup River Pub. Power & Irrigation Dist. v. Loup River Pub. Power Dist., 74 N.W.2d 863 (Neb. 1956). · cites it 2× “The court found that “unavoidable cause” had been shown under the provisions of the statute, which is now section 46-238, R. R. *31 S. 1943. An examination of this section reveals that within 6 months from the grant of an appropriation right the applicant must commence the…”
Hickman v. Loup River Pub. Power Dist., 126 N.W.2d 404 (Neb. 1964). · cites it 4× “The interveners, although barred by section 46-238, R. *420 R. S. 1943, from bringing action for the cancellation and annulment of the appropriation right of Loup District because of the 1-year limitation therein contained, were permitted to intervene because of the reasons…”
In Re Application of the Ainsworth Irrigation Dist., 102 N.W.2d 429 (Neb. 1960). · cites it 2× “” Further, section 46-238, R. S. Supp., 1959, effective September 20, 1957, provides for the time within which the construction of irrigation works shall commence after approval of the application for water for irrigation purposes by the Department of Water Resources has been…”
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