In applying the provisions of law relating to the appropriation of water, priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes 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 purposes, and those using the water for agricultural purposes shall have the preference over those using the same for power purposes, where turbine or impulse water wheels are installed, or for instream-basin-management purposes.
Notes of Decisions
Hickman v. Loup River Pub. Power Dist., 113 N.W.2d 617 (Neb. 1962).
“§ 70-668, R. R. S. 1943. They also provide that no inferior right to the use of waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user.”
Ainsworth Irrigation Dist. v. Bejot, 102 N.W.2d 416 (Neb. 1960).
“scarcity; -and that said “Section 6, Article XV, Constitution of Neibraska, 1920, and Sections 70-668 and 70-669, Reissue Revised .”
Keating v. Nebraska Pub. Power Dist., 713 F. Supp. 2d 849 (D. Neb. 2010).
· cites it 2× “Section 6, Article XV, Constitution of Nebraska, 1920 and Section 70-668 and 70-669, Reissue Revised Statutes of Nebraska, 1943, govern the use of water, and provide that waters previously appropriated for power purposes may be taken and appropriated for irrigation purposes,…”
Gerard Keating v. Nebraska Pub. Power Dist. (8th Cir. 2009).
“” Neb. Rev. Stat. § 70-668 . “No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user.”
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