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Nebraska Revised Statutes

Neb. Rev. Stat. § 46-635 (2026)

Ground water, defined

✓ current as of July 2026
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Ground water is that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.

Notes of Decisions
Cited in 8 cases, 1966–2015 · leading case: Spear T Ranch, Inc. v. Knaub, 691 N.W.2d 116 (Neb. 2005).
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Spear T Ranch, Inc. v. Knaub, 691 N.W.2d 116 (Neb. 2005). · cites it 2× “Accord Neb. Rev. Stat. § 46-635 (Reissue 2004). Hydrologically, ground water and surface water are inextricably related.”
In Re Application A-16642, 463 N.W.2d 591 (Neb. 1990). · cites it 2× “Neb.Rev.Stat. § 46-635 (Reissue 1988). First, we must make clear that, contrary to the complaining objectors' contentions, the stipulation does not "exclude" other springs from being treated as ground water, nor does it "determine that one spring is and the next spring isn't…”
Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005). · cites it 2× “In recognizing the beginning of conflicts between ground water and surface water rights, we stated: [A]cts of the Legislature were mere beginnings in the exercise of possible control and regulation of ground water.”
Metro. Utils. Dist. v. Merritt Beach Co., 140 N.W.2d 626 (Neb. 1966). · cites it 4× “Section 46-635, R.S.Supp.1963, defines ground water as follows: "Ground water is that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.”
Prather v. Eisenmann, 261 N.W.2d 766 (Neb. 1978). · cites it 2× “Section 46-635, R. R. S. 1943, defines “ground water” as: “* * * that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.”
Peters v. Langrehr, 197 N.W.2d 698 (Neb. 1972). “See, also, § 46-635, R. R. S. 1943, defining ground water.”
Nebraska Game & Parks Comm'n v. 25 Corp., 463 N.W.2d 591 (Neb. 1990). · cites it 2× “Neb. Rev. Stat. § 46-635 (Reissue 1988). First, we must make clear that, contrary to the complaining objectors’ contentions, the stipulation does not “exclude” other springs from being treated as ground water, nor does it “determine that one spring is and the next spring isn’t…”
Kobza v. Bowers (Neb. Ct. App. 2015). · cites it 2× “2d 116 (2005); Neb. Rev. Stat. § 46-635 (Reissue 2010). [8-11] The current Nebraska rule regarding diffused surface water was announced in Nichol v.”
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