2006 Nebraska Revised Statutes - § 46-804 — Application; rejection; when authorized.

Section 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.

Source:

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

Annotations:

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).

~Reissue Revised Statutes of Nebraska