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

Neb. Rev. Stat. § 46-638 (2026)

Terms, defined; permits to public water suppliers; Chief Water Officer; powers

✓ current as of July 2026
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(1) The Chief Water Officer may grant and administer permits to public water suppliers: (a) To locate, develop, and maintain ground water supplies through water wells or other means and to transport water into the area to be served; and (b) to continue existing use of ground water and the transportation of ground water into the area served.

(2) For purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act and sections 46-651 to 46-655, (a) public water supplier shall mean a city, village, municipal corporation, metropolitan utilities district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary and improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes and (b) water well shall have the same meaning as in section 46-601.01.

Notes of Decisions
Cited in 7 cases, 1966–2005 · leading case: Metro. Utils. Dist. v. Merritt Beach Co., 140 N.W.2d 626 (Neb. 1966).
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Metro. Utils. Dist. v. Merritt Beach Co., 140 N.W.2d 626 (Neb. 1966). · cites it 10× “, 1963, which provides: "An applicant which desires to avail itself of the provisions of sections 46-638 to 46-650 shall make application in writing to the Director of Water Resources for a permit.”
Ponderosa Ridge Llv v. Banner Cnty., 554 N.W.2d 151 (Neb. 1996). · cites it 3× “See, Neb. Rev. Stat. §§ 46-638 through 46-650 and 46-675 through 46-690 (Reissue 1993); Neb.”
State Ex Rel. Douglas v. Sporhase, 305 N.W.2d 614 (Neb. 1981). · cites it 4× “§ 46-601 (Reissue 1978), and enacted statutes requiring well registration, well-spacing, and filling of abandoned wells.”
Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005). · cites it 2× “Pursuant to Neb. Rev. Stat. § 46-638 (Cum. Supp. 1963), the director was authorized to grant permits to cities to develop ground water supplies in the area served by the city.”
Mcdowell v. Rural Water Dist. No. 2, Boyd Cty., 282 N.W.2d 594 (Neb. 1979). · cites it 4× “Defendant contends, however, that the trial judge, on his own motion and without notice, raised a new issue at the hearing on summary judgment as to whether the Rural Water District was required to obtain a permit under the City, Village and Municipal Corporation Ground Water…”
Springer v. Kuhns, 571 N.W.2d 323 (Neb. Ct. App. 1997). · cites it 4× “At the time the purchase agreement between JoAnn Kuhns and the Springers was executed on November 14, 1989, the specific statutory exceptions to the common law of ground water transfer were contained in Neb. Rev. Stat. §§ 46-638 through 46-650 (Reissue 1988) (Municipal and Rural…”
Sorensen v. Lower Niobrara Nat. Resources Dist., 376 N.W.2d 539 (Neb. 1985). · cites it 6× “On February 4, 1981, NRD applied for a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act, Neb. Rev. Stat. §§ 46-638 to 46-650 (Reissue 1984) (the act), to install two wells on a quarter section owned by Sorensens- and obtain statutory spacing…”
— Neb. Rev. Stat. § 46-638(1) — 1 case
Sorensen v. Lower Niobrara Nat. Resources Dist., 376 N.W.2d 539 (Neb. 1985). “On February 4, 1981, NRD applied for a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act, Neb. Rev. Stat. §§ 46-638 to 46-650 (Reissue 1984) (the act), to install two wells on a quarter section owned by Sorensens- and obtain statutory spacing…”
— Neb. Rev. Stat. § 46-638(2) — 1 case
Springer v. Kuhns, 571 N.W.2d 323 (Neb. Ct. App. 1997). “At the time the purchase agreement between JoAnn Kuhns and the Springers was executed on November 14, 1989, the specific statutory exceptions to the common law of ground water transfer were contained in Neb. Rev. Stat. §§ 46-638 through 46-650 (Reissue 1988) (Municipal and Rural…”
— Neb. Rev. Stat. § 46-638(l)(b) — 1 case
Sorensen v. Lower Niobrara Nat. Resources Dist., 376 N.W.2d 539 (Neb. 1985). “On February 4, 1981, NRD applied for a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act, Neb. Rev. Stat. §§ 46-638 to 46-650 (Reissue 1984) (the act), to install two wells on a quarter section owned by Sorensens- and obtain statutory spacing…”
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