Nebraska Revised Statutes

Neb. Rev. Stat. § 46-746 (2026)

Violations; civil penalty

✓ current as of July 2026
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(1) Any person who violates any cease and desist order issued by a district pursuant to section 46-707 or any controls, rules, or regulations adopted by a natural resources district relating to a management area shall be subject to the imposition of penalties imposed through the controls adopted by the district, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part. Before a district takes any action, notice and hearing shall be provided to such person.

(2) Any person who violates any of the provisions of sections 46-721 to 46-733 for which a penalty is not otherwise provided, other than the requirements imposed on a district, the Chief Water Officer of the Department of Water, Energy, and Environment, the Director of Water, Energy, and Environment, or the department, shall be subject to a civil penalty of not more than five hundred dollars. Each day of continued violation shall constitute a separate offense.

Notes of Decisions
Cited in 5 cases (3 in the last 5 years), 2019–2025 · leading case: Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019).
Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019). · cites it 25× “6 § 46-746(1). 7 § 46-707(1)(h). See, also, § 46-746(1).”
Prokop v. Lower Loup NRD, 302 Neb. 10 (Neb. 2019). · cites it 12× “6 § 46-746(1). 7 § 46-707(1)(h). See, also, § 46-746(1).”
State ex rel. Seeman v. Lower Repub. NRD, 319 Neb. 681 (Neb. 2025). · cites it 9× “Under Neb. Rev. Stat. § 46-746 (1) (Reissue 2021), a reduction of irrigated acres completed before a person acquires an interest in the real estate is not affected by the acquisition of such interest.”
State ex rel. Seeman v. Lower Repub. NRD, 319 Neb. 681 (Neb. 2025). · cites it 9× “Under Neb. Rev. Stat. § 46-746 (1) (Reissue 2021), a reduction of irrigated acres completed before a person acquires an interest in the real estate is not affected by the acquisition of such interest.”
Hauxwell v. Middle Repub. NRD, 319 Neb. 1 (Neb. 2025). “, § 46-707(1)(h) (issuance of cease-and-desist orders); § 46-746 (imposition of penalties). 81 Reply brief for appellants at 13.”
— Neb. Rev. Stat. § 46-746(1) — 4 cases
Prokop v. Lower Loup Nat. Res. Dist., 302 Neb. 10 (Neb. 2019). “6 § 46-746(1). 7 § 46-707(1)(h). See, also, § 46-746(1).”
Prokop v. Lower Loup NRD, 302 Neb. 10 (Neb. 2019). “6 § 46-746(1). 7 § 46-707(1)(h). See, also, § 46-746(1).”
State ex rel. Seeman v. Lower Repub. NRD, 319 Neb. 681 (Neb. 2025). “Under Neb. Rev. Stat. § 46-746 (1) (Reissue 2021), a reduction of irrigated acres completed before a person acquires an interest in the real estate is not affected by the acquisition of such interest.”
State ex rel. Seeman v. Lower Repub. NRD, 319 Neb. 681 (Neb. 2025). “Under Neb. Rev. Stat. § 46-746 (1) (Reissue 2021), a reduction of irrigated acres completed before a person acquires an interest in the real estate is not affected by the acquisition of such interest.”
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