Nebraska Revised Statutes

Neb. Rev. Stat. § 46-252 (2026)

Conducting of water into or along natural channels; withdrawal; permit, when required; liability

✓ current as of July 2026

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(1) Any person may conduct, either from outside the state or from sources located in the state, quantities of water over and above those already present into or along any of the natural streams or channels of this state, for purposes of instream beneficial uses or withdrawal of some or all of such water for out-of-stream beneficial uses, at any point without regard to any prior appropriation of water from such stream, due allowance being made for losses in transit to be determined by the Chief Water Officer. The Chief Water Officer shall monitor movement of the water by measurements or other means and shall be responsible for assuring that such quantities are not subsequently diverted or withdrawn by others unless they are authorized to do so by the person conducting the water.

(2) Except as provided in subsections (3) and (4) of this section, before any person may conduct water into or along any of the natural streams or channels of the state, he or she shall first obtain a permit from the Chief Water Officer. Application for the permit shall be made on forms provided by the Chief Water Officer. Applications shall include plans and specifications detailing the intended times, amounts, and streamreach locations and such other information as required by the Chief Water Officer. The water subject to such a permit shall be deemed appropriated for the use specified in the permit. Permitholders shall be liable for any damages resulting from the overflow of such stream or channel when water so conducted contributed to such overflow.

(3) Any person actually engaged in the construction or operation of any water power plant may, without filing with the Chief Water Officer and upon payment of all damages, use any such stream or channel for a tailrace or canal and may, whenever necessary, widen, deepen, or straighten the bed of any such stream. All damages resulting therefrom shall be determined in the manner set forth in sections 76-704 to 76-724.

(4) Any person holding a storage use permit pursuant to section 46-242 shall not be required to obtain the permit required by this section.

(5) Nothing in this section shall be construed to exempt a person from obtaining any other permits required by law.

Notes of Decisions

Cited in 3 cases, 1958–2017 · leading case: Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017).

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Estermann v. Bose, 892 N.W.2d 857 (Neb. 2017). · cites it 11× “Estermann first asserts that that N-CORPE was required to obtain a permit from the DNR to conduct water into or along natural channels pursuant to Neb. Rev. Stat. § 46-252 (Reissue 2010). We will refer to this as a “conduct water permit.”

Estermann v. Bose, 296 Neb. 228 (Neb. 2017). · cites it 11× “Estermann first asserts that that N-CORPE was required to obtain a permit from the DNR to conduct water into or along natural channels pursuant to Neb. Rev. Stat. § 46-252 (Reissue 2010). We will refer to this as a “conduct water permit.”

Kuhlmann v. Platte Valley Irrigation Dist., 89 N.W.2d 768 (Neb. 1958). “1922 (now § 46-252, R. R. S. 1943), such landowner may be restrained by injunction from continuing the trespass * * In the opinion it is said: “Defendants urge that * * * an injunction was not a proper remedy.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.