46-128. Irrigation; declared a public use.
144 words·~1 min read·
/ne/chapter-46/46-128A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The use of all water required for the irrigation of lands of any district formed under the provisions of sections 46-101 to 46-128 , together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the provisions of sections 46-101 to 46-1,111 , is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.
This section does no more than provide that land necessarily taken to benefit an irrigation district is taken for a public use, and whether the use for which property is taken is public or private in nature is a judicial question, not a legislative one. Chimney Rock Irr. Dist. v. Fawcus Springs Irr. Dist., 218 Neb. 777, 359 N.W.2d 100 (1984).