Nebraska Revised Statutes

Neb. Rev. Stat. § 61-206 (2026)

Chief Water Officer; jurisdiction; rules and regulations; hearings; orders; powers and duties

✓ current as of July 2026

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(1) The Chief Water Officer is given jurisdiction over all matters pertaining to water rights for irrigation, power, or other useful purposes except as such jurisdiction is specifically limited by statute. The Chief Water Officer may adopt and promulgate rules and regulations governing matters coming before the Chief Water Officer. The Chief Water Officer may refuse to allow any water to be used by claimants until their rights have been determined and made of record. The Chief Water Officer may request information relative to irrigation and water power works from any county, irrigation, or power officers and from any other persons. The Chief Water Officer may have hearings on complaints, petitions, or applications in connection with any of such matters. Such hearings shall be had at the time and place designated by the Chief Water Officer. The Chief Water Officer shall have power to certify official acts, compel attendance of witnesses, take testimony by deposition as in suits at law, and examine books, papers, documents, and records of any county, party, or parties interested in any of the matters mentioned in this section or have such examinations made by its qualified representative and shall make and preserve a true and complete transcript of its proceedings and hearings. If a final decision is made without a hearing, a hearing shall be held at the request of any party to the proceeding if the request is made within thirty days after the decision is rendered. If a hearing is held at the request of one or more parties, the Chief Water Officer may require each such requesting party and each person who requests to be made a party to such hearing to pay the proportional share of the cost of such transcript. Upon any hearing, the Chief Water Officer shall receive any evidence relevant to the matter under investigation and the burden of proof shall be upon the person making the complaint, petition, and application. After such hearing and investigation, the Chief Water Officer shall render a decision in the premises in writing and shall issue such order or orders duly certified as the Chief Water Officer may deem necessary.

(2) The Chief Water Officer shall serve as the official officer of the state in connection with water resources development, soil and water conservation, flood prevention, watershed protection, and flood control.

(3) The Chief Water Officer or the Chief Water Officer's authorized representatives shall:

(a) Offer assistance as appropriate to the supervisors or directors of any subdivision of government with responsibilities in the area of natural resources conservation, development, and use in the carrying out of any of their powers and programs;

(b) Keep the supervisors or directors of each such subdivision informed of the activities and experience of all other such subdivisions and facilitate cooperation and an interchange of advice and experience between such subdivisions;

(d) Secure the cooperation and assistance of the United States, any of its agencies, and agencies of this state in the work of such subdivisions;

(e) Disseminate information throughout the state concerning the activities and programs of such subdivisions;

(f) Plan, develop, and promote the implementation of a comprehensive program of resource development, conservation, and utilization for the soil and water resources of this state in cooperation with other local, state, and federal agencies and organizations;

(g) When necessary for the proper administration of the functions of the department, rent or lease space outside the State Capitol; and

(h) Assist such local governmental organizations as villages, cities, counties, and natural resources districts in securing, planning, and developing information on flood plains to be used in developing regulations and ordinances on proper use of these flood plains.

Notes of Decisions

Cited in 13 cases, 2004–2017 · leading case: In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009).

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In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009). · cites it 5× “§ 76-711 (Reissue 2003). [11] Neb.Rev.Stat. § 70-672 (Reissue 2003).”

Hill v. State, 894 N.W.2d 208 (Neb. 2017). · cites it 3× “63 Neb. Rev. Stat. § 61-206 (1) (Reissue 2009).”

Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005). · cites it 3× “Specifically, Central notes Neb. Rev. Stat. § 61-206 (1) (Cum. Supp. 2004), which provides: “The Department .”

Cappel v. State, 298 Neb. 445 (Neb. 2017). · cites it 2× “The Cappels did not challenge the DNR’s 2013 through 2015 compact call year orders or corresponding closing notices as provided in Neb. Rev. Stat. § 61-206 (Reissue 2009). Instead, in December 2015, they filed a verified complaint against the DNR in the district court for…”

In re Application A-18503, 286 Neb. 611 (Neb. 2013). · cites it 3× “§ 61-206 (Reissue 2009), the Department of Natural Resources (Department) has jurisdic- tion to hear and adjudicate all “complaints, petitions, or appli- cations” in any matter pertaining to water rights for irrigation, power, or other beneficial purposes, except where its…”

Nebraska Pub. Power Dist. v. Dep't of Nat. Resources, 686 N.W.2d 360 (Neb. 2004). · cites it 2× “NPPD could not and did not meet its burden of showing that the DNR’s decision to cancel certain incidental underground water storage was incorrect.”

Koch v. Aupperle, 737 N.W.2d 869 (Neb. 2007). “10 § 61-206(1). 11 State ex rel. Blome v. Bridgeport Irr.”

Spear T Ranch, Inc. v. Nebraska Dep't of Nat. Resources, 699 N.W.2d 379 (Neb. 2005). · cites it 2× “Spear T also relies upon Neb. Rev. Stat. § 61-206 (1) (Cum. Supp. 2004), which states: “The Department of Natural Resources is given jurisdiction over all matters pertaining to water rights for irrigation .”

Garey v. Neb. Dept. of Nat. Resources, 759 N.W.2d 919 (Neb. 2009). · cites it 2× “Neb. Rev.Stat. § 61-206(1) (Cum.Supp.2006).”

In re 2007 Appropriations of Niobrara River Waters, 288 Neb. 497 (Neb. 2014). · cites it 2× “On May 11, the junior appropriators filed a request for a hearing with the Department pursuant to Neb. Rev. Stat. § 61-206 (Reissue 2009). The administration of the Niobrara was delayed at NPPD’s request, but on August 1, the Department again issued closing notices to the junior…”

Garey v. Nebraska Dep't of Nat. Resources, 759 N.W.2d 919 (Neb. 2009). · cites it 2× “Neb. Rev. Stat. § 61-206 (1) (Cum. Supp. 2006).”

Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010). · cites it 2× “2d 869, 877 (2007) (citing Neb.Rev.Stat. § 61-206(1)). 4 . These permits note the source of the appropriated water to be "Little Sandy Creek,” which is a tributary of the Niobrara River (POB ¶ 17).”

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— Neb. Rev. Stat. § 61-206(1) — 6 cases

In Re 2007 Admin. of Appropriations, 768 N.W.2d 420 (Neb. 2009). “§ 76-711 (Reissue 2003). [11] Neb.Rev.Stat. § 70-672 (Reissue 2003).”

Hill v. State, 894 N.W.2d 208 (Neb. 2017). “63 Neb. Rev. Stat. § 61-206 (1) (Reissue 2009).”

Koch v. Aupperle, 737 N.W.2d 869 (Neb. 2007). “10 § 61-206(1). 11 State ex rel. Blome v. Bridgeport Irr.”

Cent. Nebraska Pub. Power & Irrigation Dist. v. Persons Identified as Registered Irrigation Well Owners, 699 N.W.2d 372 (Neb. 2005). “Specifically, Central notes Neb. Rev. Stat. § 61-206 (1) (Cum. Supp. 2004), which provides: “The Department .”

Garey v. Neb. Dept. of Nat. Resources, 759 N.W.2d 919 (Neb. 2009). “Neb. Rev.Stat. § 61-206(1) (Cum.Supp.2006).”

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