Nebraska § 46-609 - Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.
Full text of Nebraska Revised Statutes of Nebraska § 46-609 — Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval., with citation guidance and answers to common questions.
§ 46-609. Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.
(1) Except as otherwise provided by this section or section 46-610, no irrigation water well shall be constructed upon any land in this state within six hundred feet of any registered irrigation water well and no existing nonirrigation water well within six hundred feet of any registered irrigation water well shall be used for irrigation purposes. Such spacing requirement shall not apply to (a) any water well used to irrigate two acres or less or (b) any replacement irrigation water well if it is constructed within fifty feet of the irrigation water well being replaced and if the water well being replaced was constructed prior to September 20, 1957, and is less than six hundred feet from a registered irrigation water well.
(2) The spacing protection of subsection (1) of this section shall apply to an unregistered water well for a period of sixty days after completion of such water well.
(3) No person shall use a water well for purposes other than its registered purpose until the water well registration has been changed to the intended new use, except that a person may use a water well registered for purposes other than its intended purpose for use for livestock, monitoring, observation, or any other nonconsumptive or de minimis use approved by the applicable natural resources district. The change to a new use shall be made by filing a water well registration modification with the department and shall be approved only if the water well is in conformity with subsection (1) of this section and with section 46-651.
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 46-609
What does Revised Statutes of Nebraska § 46-609 cover?
Section 46-609 ("Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.") 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 § 46-609?
A common citation format is "Revised Statutes of Nebraska § 46-609" (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 § 46-609 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.