Nebraska Revised Statute 46-804
Application; rejection; when authorized.
If it appears to the Department of Natural Resources that the proposed works of drainage or diversion will result in injury or damage to any person or will be detrimental to the public welfare and not result in economic benefit to the state, the department shall refuse to approve the application. The party making such application shall not prosecute such work so long as such refusal shall continue in force.
- Laws 1919, c. 190, tit. VII, art. V, § 4, p. 858;
- C.S.1922, § 8483;
- C.S.1929, § 81-6404;
- R.S.1943, § 81-705;
- Laws 1957, c. 365, § 17, p. 1240;
- Laws 2000, LB 900, § 228.
Permit to drain natural lake should not be granted where it will result in damage to another person. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).