None of the provisions of sections 46-101 to 46-1,111 , shall be construed as repealing or in any way modifying the provisions of any other law relating to the subject of irrigation or water commissioners. Nothing in said sections contained shall be deemed to authorize any person or persons to divert the waters of any river, creek, stream, canal or ditch from its channel to the detriment of any person or persons having any interest in such river, creek, stream, canal or ditch, or the waters therein, unless previous compensation be ascertained and paid therefor under the laws of this state authorizing the taking of private property for public use.
Neb. Rev. Stat. § 46-159
Prior acts not repealed; diversion of water without compensation prohibited
Applied in 1 court decision — leading case Spear T Ranch, Inc. v. Nebraska Department of Natural Resources (2005)
Most recently applied in Spear T Ranch, Inc. v. Nebraska Department of Natural Resources (July 2005)
Laws 1895, c. 70, § 32, p. 290; R.S.1913, § 3490; C.S.1922, § 2890; C.S.1929, § 46-135; R.S.1943, § 46-159.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.