Nebraska § 46-203 - First appropriators; declared first in right.
Full text of Nebraska Revised Statutes of Nebraska § 46-203 — First appropriators; declared first in right., with citation guidance and answers to common questions.
§ 46-203. First appropriators; declared first in right.
As between appropriators, the one first in time is first in right.
The right of appropriation for irrigation purposes is limited to the waters of natural streams of the state, and does not extend to waters in artificial drainage ditches. Drainage Dist. No. 1 v. Suburban Irr. Dist., 139 Neb. 460, 298 N.W. 131 (1941).
Senior appropriator is entitled to water as against an upstream junior appropriator, as long as water in usable quantities can be delivered to senior appropriator. State ex rel. Cary v. Cochran, 138 Neb. 163, 292 N.W. 239 (1940).
It is the duty of the state to see that the waters of its streams used for irrigation purposes will not be wasted and that prior appropriators shall be protected as against subsequent appropriators. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935).
While Nebraska was originally a riparian doctrine state, legislation was enacted adopting the principle of prior appropriation. Nebraska v. Wyoming, 325 U.S. 589 (1945).
United States cannot claim assignment to it of excess waters under an appropriation, as excess would inure to benefit of other appropriators prior in time to United States. United States v. Tilley, 124 F.2d 850 (8th Cir. 1941).
Frequently Asked Questions About Nebraska § 46-203
What does Revised Statutes of Nebraska § 46-203 cover?
Section 46-203 ("First appropriators; declared first in right.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Nebraska § 46-203?
A common citation format is "Revised Statutes of Nebraska § 46-203" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Nebraska law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.
How does Nebraska § 46-203 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.