Nebraska § 46-206 - Appropriation; water to be returned to stream.
Full text of Nebraska Revised Statutes of Nebraska § 46-206 — Appropriation; water to be returned to stream., with citation guidance and answers to common questions.
§ 46-206. Appropriation; water to be returned to stream.
The water appropriated from a river or stream shall not be turned or permitted to run into the waters or channel of any other river or stream than that from which it is taken or appropriated, unless such stream exceeds in width one hundred feet, in which event not more than seventy-five percent of the regular flow shall be taken and any such taking shall be subject to the provisions of section 46-289.
Diversion of water from one watershed to another is permissible under sections 46-206 and 46-265, R.R.S.1943, so long as the stream from which it is diverted is more than one hundred feet wide and the diversion is not contrary to the public interest. Little Blue N.R.D. v. Lower Platte North N.R.D., 206 Neb. 535, 294 N.W.2d 598 (1980).
This section deals primarily with the limitation of the amount of water that may be taken from a stream more than one hundred feet in width. Ainsworth Irr. Dist. v. Bejot, 170 Neb. 257, 102 N.W.2d 416 (1960).
This and other sections limit the location and construction of irrigation canals and ditches, as well as the land irrigated by same, to the basin containing the source of the water used, and require that all unused waters shall be returned to the stream from which diverted. Osterman v. Central Nebraska Public Power & Irr. Dist., 131 Neb. 356, 268 N.W. 334 (1936).
Source: official Nebraska text · Last verified 2026-08-27
Frequently Asked Questions About Nebraska § 46-206
What does Revised Statutes of Nebraska § 46-206 cover?
Section 46-206 ("Appropriation; water to be returned to stream.") 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 § 46-206?
A common citation format is "Revised Statutes of Nebraska § 46-206" (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 § 46-206 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.