Nebraska § 46-253 - Ditches; changing line; flow maintained; liability.
Full text of Nebraska Revised Statutes of Nebraska § 46-253 — Ditches; changing line; flow maintained; liability., with citation guidance and answers to common questions.
§ 46-253. Ditches; changing line; flow maintained; liability.
No owner of any ditch or canal shall change the line of the ditch or canal so as to interfere with the use of water by anyone, who, prior to the proposed change, had used water for irrigation purposes from such ditch or canal, and the owner of such ditch or canal shall keep the same in good repair so as to permit the water to flow in a quantity sufficient to furnish the statutory amount to the lands entitled thereto at all reasonable times. The majority of the water users under any ditch may designate such reasonable time for the use of water as such majority may determine upon, upon a written notice signed by such majority to the persons in control of such ditch or canal. The owners, or those in control, may limit the flow of water in the canal in accordance with such notice, between April 1 and May 1, and October 1 and November 15. No ditch shall be closed between May 1 and October 1. For a failure to cause the water to flow as aforesaid, the owners, or those in control, of any such ditch or canal shall be liable to anyone for any damage resulting from such failure, unavoidable accidents and shortage in the source of supply excepted.
Action to enjoin district from using waters of stream, brought after close of irrigation season, in county other than that where principal place of business of district is located, making parties defendant certain public officers whose terms expire before beginning of next irrigation season in order to confer jurisdiction in court, will be dismissed for want of jurisdiction. Platte Valley Irr. Dist. v. Bryan, 130 Neb. 657, 266 N.W. 73 (1936).
Frequently Asked Questions About Nebraska § 46-253
What does Revised Statutes of Nebraska § 46-253 cover?
Section 46-253 ("Ditches; changing line; flow maintained; liability.") 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 § 46-253?
A common citation format is "Revised Statutes of Nebraska § 46-253" (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 § 46-253 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.