46-250. Places of diversion; storage sites; changes; procedure.

The owner of any ditch, storage reservoir, storage capacity, or other device for appropriating water may, upon petition to the Chief Water Officer, and upon its approval, change the point at which the water under any water appropriation of record is diverted from a natural stream or reservoir, change the line of any flume, ditch, or aqueduct, or change a storage site. No reclamation district or power appropriator may change the established return flow point without the approval of the Chief Water Officer.

Source:Laws 1919, c. 190, tit. VII, art. V, div. 3, § 6, p. 848; C.S.1922, § 8456; C.S.1929, § 46-606; Laws 1941, c. 91, § 1, p. 361; C.S.Supp.,1941, § 46-606; R.S.1943, § 46-250; Laws 1951, c. 150, § 1, p. 598; Laws 1953, c. 158, § 1, p. 496; Laws 2000, LB 900, § 117; Laws 2025, LB317, § 99.
Operative Date: July 1, 2025

Annotations

Appropriator cannot change place of use of water, or extend ditch without permission of and subject to control of department. Farmers & Merchants Irr. Co. v. Gothenburg Water Power & Irr. Co., 73 Neb. 223, 102 N.W. 487 (1905).