2017 Nebraska Revised Statutes
Chapter 46 - IRRIGATION AND REGULATION OF WATER
46-1,147 Irrigation districts; acceptance of federal reclamation aid.
46-1,147. Irrigation districts; acceptance of federal reclamation aid.
Any irrigation district is hereby authorized to be created and is empowered to cooperate with the United States under the Act of June 17, 1902 (32 Stat. 388), known as the Federal Reclamation Act and acts amendatory thereof and supplementary thereto, for the purposes of construction of irrigation works, including drainage works, or for the purchase, extension, operation or maintenance of irrigation works, including drainage works, or for the assumption as principal or guarantor of indebtedness to the United States on account of any district lands, and in that case the district shall levy and assess the several landowners entering lands under the reclamation laws or acquiring water rights thereunder in accordance with the reclamation law, public notices and orders issued thereunder and in accordance with existing contracts made between the individual landowners and the United States and as may be contracted for between the district and the United States, and the district is hereby clothed with full taxing power to collect such sums under the revenue laws of the state as in the case of other irrigation districts; Provided, however, that any property acquired by the district may be conveyed to the United States insofar as the same may be needed by the United States for the construction, operation, and maintenance of works for the benefit of the district under any contract that may be entered into with the United States pursuant to this section.
- Laws 1917, c. 191, § 1, p. 464;
- C.S.1922, § 2939;
- C.S.1929, § 46-197;
- R.S.1943, § 46-1,147.
An irrigation district may enter into a contract with the United States for a water supply. Frenchman Valley Irr. Dist. v. Smith, 167 Neb. 78, 91 N.W.2d 415 (1958).
Contract executed hereunder did not establish such relationship between parties as would impute negligence of the United States or its employees to the irrigation district. Livanis v. Northport Irr. Dist., 121 Neb. 777, 238 N.W. 757 (1931), affirming on rehearing, 120 Neb. 314, 232 N.W. 583 (1930).
Reclamation service has power to take over and operate irrigation system, to protect its claims, without acquiring title. New York Trust Co. v. Farmers' Irr. Dist., 280 F. 785 (8th Cir. 1922).