Public-domain · open source
OpenJurist

Neb. Rev. Stat. § 46-288

Interbasin transfers; terms, defined

Applied in 4 court decisions — leading case Central Nebraska Public Power & Irrigation District v. John D. (1987)

Most recently applied in In re Application A-19594 (October 2023)

Laws 1981, LB 252, § 5; Laws 1993, LB 789, § 3; Laws 2000, LB 900, § 129; Laws 2025, LB317, § 108.

How often courts cite this section

19871990200020102020202320
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

For purposes of this section and section 46-289 , unless the context otherwise requires: (1) Basin of origin shall mean the river basin in which the point or proposed point of diversion of water is located; (2) Beneficial use shall include, but not be limited to, reasonable and efficient use of water for domestic, municipal, agricultural, industrial, commercial, power production, subirrigation, fish and wildlife, ground water recharge, interstate compact, water quality maintenance, or recreational purposes. Nothing in this subdivision shall be construed to affect the preferences for use of surface water as provided in section 46-204 ; (3) Interbasin transfer shall mean the diversion of water in one river basin and the transportation of such water to another river basin for storage or utilization for a beneficial use; and (4) River basin shall mean any of the following natural hydrologic basins of the state as shown on maps located in the Department of Water, Energy, and Environment: (a) The White River and Hat Creek basin; (b) the Niobrara River basin; (c) the Platte River basin, including the North Platte and South Platte River basins, except that for purposes of transfer between the North and South Platte River basins each shall be considered a separate river basin; (d) the Loup River basin; (e) the Elkhorn River basin; (f) the Republican River basin; (g) the Little Blue River basin; (h) the Big Blue River basin; (i) the Nemaha River basin; and (j) the Missouri tributaries basin.

Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.