2013 Nebraska Revised Statutes
Chapter 46 - IRRIGATION AND REGULATION OF WATER
46-120 - Board; general powers and duties.

46-120. Board; general powers and duties.

The board shall have the power and it shall be its duty to manage and conduct the business affairs of the district, make and execute all necessary contracts, employ such agents, officers, and employees as may be required and prescribe their duties, establish equitable bylaws, rules and regulations for the distribution and use of water among the owners of such lands, and generally to perform all such acts as shall be necessary to fully carry out the purposes of sections 46-101 to 46-1,111. The bylaws, rules and regulations shall be printed in convenient form for distribution in the district.

Source

Laws 1895, c. 70, § 9, p. 276;
Laws 1909, c. 156, § 1, p. 565;
Laws 1911, c. 158, § 1, p. 524;
R.S.1913, § 3465;
Laws 1915, c. 69, § 2, p. 172;
Laws 1917, c. 82, § 1, p. 194;
C.S.1922, § 2865;
Laws 1923, c. 97, § 2, p. 247;
Laws 1927, c. 142, § 1, p. 385;
C.S.1929, § 46-109;
R.S.1943, § 46-120.

Annotations

Valid contract made with irrigation company may, as between parties or their successors in interest, be enforced, subject to reasonable regulations, provided rights of other water users are not thereby unlawfully curtailed. Clague v. Tri-State Land Co., 84 Neb. 499, 121 N.W. 570 (1909).

Board may purchase or condemn all lands necessary for construction, use, maintenance, repair, and improvement of canals. Andrews v. Lillian Irr. Dist., 66 Neb. 458, 92 N.W. 612 (1902), 97 N.W. 336 (1903).

Right to contract for a supply of water was not limited by 1915 act requiring vote of electors in certain cases. Bridgeport Irr. Dist. v. United States, 40 F.2d 827 (8th Cir. 1930).

Contract with irrigation district whereby United States managed and operated system, did not deprive district of right to determine amount of taxes to be levied. New York Trust Co. v. Farmers' Irr. District, 280 F. 785 (8th Cir. 1922).