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

Neb. Rev. Stat. § 46-613 (2026)

Ground water; declaration of policy; preference in use

✓ current as of July 2026
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Preference in the use of ground water shall be given to those using the water for domestic purposes. They shall have preference over those claiming it for any other purpose. Those using the water for agricultural purposes shall have the preference over those using the same for manufacturing or industrial purposes.

As used in this section, (1) domestic use of ground water shall mean all uses of ground water required for human needs as it relates to health, fire control, and sanitation and shall include the use of ground water for domestic livestock as related to normal farm and ranch operations and (2) agricultural purposes shall include, but not be limited to, aquaculture as defined in section 2-3804.01.

Notes of Decisions
Cited in 5 cases, 1966–2005 · 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× “The use of ground water pursuant to a permit was governed by Neb. Rev. Stat. § 46-613 (Cum. Supp. 1963).”
Metro. Utils. Dist. v. Merritt Beach Co., 140 N.W.2d 626 (Neb. 1966). · cites it 4× “, 1963, provides that the use of ground water pursuant to a permit granted by the Director of Water Resources shall be governed by the provisions of section 46-613, R.S.Supp., 1963. This section provides: "Preference in the use of underground water shall be given to those using…”
Prather v. Eisenmann, 261 N.W.2d 766 (Neb. 1978). · cites it 4× “This case must be analyzed in reference to section 46-613, R. R. S. 1943, the preferential use statute.”
Springer v. Kuhns, 571 N.W.2d 323 (Neb. Ct. App. 1997). · cites it 6× “§ 46-609 (Reissue 1993); Neb. Rev. Stat. § 46-613 (Cum. Supp. 1996).”
Mcdowell v. Rural Water Dist. No. 2, Boyd Cty., 282 N.W.2d 594 (Neb. 1979). · cites it 2× “Defendant also alleges there is sufficient ground water for plaintiffs’ continued use and also for the use of the defendant, but that even if there is insufficient ground water for that purpose, defendant has priority under section 46-613, R. R. S. 1943, since its intended use…”
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