Neb. Rev. Stat. » Chapter 70
Nebraska Revised Statutes

Neb. Rev. Stat. § 70-669 (2026)

Streams; inferior rights; acquired by superior right; how compensated

✓ current as of July 2026
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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. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power which would be generated in the plant or plants of the power user by the water so acquired. The just compensation to be paid to a holder of an instream-basin-management appropriation that has been changed from a manufacturing of hydropower appropriation pursuant to section 46-290 shall be the cost per acre-foot of water subordinated for the hydropower appropriation at the time of approval of the change. The amount of compensation may be adjusted annually, except that any increase shall not exceed the annual change in the Consumer Price Index from the time of approval of the change. If publication of such index is discontinued, a comparable index selected by the Chief Water Officer of the Department of Water, Energy, and Environment shall be used.

Notes of Decisions
Cited in 3 cases, 1962–2009 · 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 3× “[9] Neb.Rev.Stat. § 70-669 (Reissue 2003). [10] See id.”
Hickman v. Loup River Pub. Power Dist., 113 N.W.2d 617 (Neb. 1962). · cites it 3× “It alleges a right superior to all appropriators whose applications for appropriative rights were filed subsequent to September 15, 1932, and that subsequent appropriators including Hickman may not interfere with the exercise of its rights except by formal condemnation…”
Gerard Keating v. Nebraska Pub. Power Dist. (8th Cir. 2009). “” Neb. Rev. Stat. § 70-669 . -4- In the fall of 2006, the NPPD filed a complaint with the DNR contending that surface water levels in the Niobrara Watershed were insufficient to enable the NPPD to operate Spencer Dam.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.