Nebraska § 46-226.02 - Application; Chief Water Officer; approval; conditions.
Full text of Nebraska Revised Statutes of Nebraska § 46-226.02 — Application; Chief Water Officer; approval; conditions., with citation guidance and answers to common questions.
§ 46-226.02. Application; Chief Water Officer; approval; conditions.
(1) The Chief Water Officer may approve an application filed pursuant to section 46-226.01 or 46-297 subject to the following conditions:
(a) The rate, quantity, or time of surface water diversion shall not be increased from that approved for the appropriation at the time the application is filed;
(b) If the water stored or to be stored underground will be used for irrigation purposes, the Chief Water Officer may approve the service of additional amounts of land or different lands not identified to be served with facilities included under the original appropriation, if the Chief Water Officer determines that the change is in the public interest, and that any interference with the rights of senior appropriators as a result of such change is unavoidable and not material;
(c) The priority date shall remain the same as that of the original appropriation; and
(d) When the application is for recognition of incidental underground water storage, such stored water is being withdrawn or is otherwise being used for beneficial purposes.
(2) For an application filed pursuant to section 46-226.01, the burden shall be on the applicant to prove that underground water storage has occurred.
(3) The Chief Water Officer may grant the application in a modified or reduced form, if required by the public interest, and may impose such other reasonable conditions as deemed appropriate to protect the public interest.
(4) The Chief Water Officer's order of approval shall specify:
(a) The source of the water stored or to be stored underground;
(b) The underground water storage method; and
(c) A description of the area served or to be served by the water stored underground.
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 46-226.02
What does Revised Statutes of Nebraska § 46-226.02 cover?
Section 46-226.02 ("Application; Chief Water Officer; approval; conditions.") 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 § 46-226.02?
A common citation format is "Revised Statutes of Nebraska § 46-226.02" (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 § 46-226.02 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.