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Nebraska Revised Statutes

Neb. Rev. Stat. § 46-288 (2026)

Interbasin transfers; terms, defined

✓ current as of July 2026
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For purposes of this section and section 46-289, unless the context otherwise requires:

(1) Basin of origin shall mean the river basin in which the point or proposed point of diversion of water is located;

(2) Beneficial use shall include, but not be limited to, reasonable and efficient use of water for domestic, municipal, agricultural, industrial, commercial, power production, subirrigation, fish and wildlife, ground water recharge, interstate compact, water quality maintenance, or recreational purposes. Nothing in this subdivision shall be construed to affect the preferences for use of surface water as provided in section 46-204;

(3) Interbasin transfer shall mean the diversion of water in one river basin and the transportation of such water to another river basin for storage or utilization for a beneficial use; and

(4) River basin shall mean any of the following natural hydrologic basins of the state as shown on maps located in the Department of Water, Energy, and Environment: (a) The White River and Hat Creek basin; (b) the Niobrara River basin; (c) the Platte River basin, including the North Platte and South Platte River basins, except that for purposes of transfer between the North and South Platte River basins each shall be considered a separate river basin; (d) the Loup River basin; (e) the Elkhorn River basin; (f) the Republican River basin; (g) the Little Blue River basin; (h) the Big Blue River basin; (i) the Nemaha River basin; and (j) the Missouri tributaries basin.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1987–2023 · 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 11× “01; and (4) whether DWR erred by not applying the interbasin transfer statutes, Neb. Rev. Stat. §§ 46-288 and 46-289 (Reissue 1984), in its consideration of Application U-2.”
Upper Big Blue Nat. Resources Dist. v. City of Fremont, 495 N.W.2d 23 (Neb. 1993). · cites it 12× “Consequently, the participants directed their attention and efforts to the provisions of Neb. Rev. Stat. §§ 46-288 and 46-289 (Reissue 1988), which set out the factors to be considered in evaluating applications for interbasin transfers.”
In re Application A-19594, 995 N.W.2d 655 (Neb. 2023). · cites it 3× “2 See Neb. Rev. Stat. §§ 46-288 and 46-289 (Reissue 2021).”
Upper Big Blue Nat. Resources Dist. v. City of Fremont, 499 N.W.2d 548 (Neb. 1993). · cites it 2× “In its appeal, Big Blue challenged the constitutionality of § 37-435(3) on essentially the same grounds it had challenged Neb. Rev. Stat. § 46-288 (Reissue 1988) and § 46-289.”
Neb. Rev. Stat. § 46-288(3): 2 cases
Cent. Nebraska Pub. Power & Irrigation Dist. v. John D., 413 N.W.2d 290 (Neb. 1987). “01; and (4) whether DWR erred by not applying the interbasin transfer statutes, Neb. Rev. Stat. §§ 46-288 and 46-289 (Reissue 1984), in its consideration of Application U-2.”
In re Application A-19594, 995 N.W.2d 655 (Neb. 2023). “2 See Neb. Rev. Stat. §§ 46-288 and 46-289 (Reissue 2021).”
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