Conflicts between Private Appropriators of Stream Flows and Users of Ground Water in Nebraska
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Authors
Holland, William E.
Issue Date
1977
Volume
10
Issue
Type
Journal Article
Language
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Abstract
FIRST PARAGRAPH(S)|The Nebraska law governing the use of water from streams generally follows the doctrine of prior appropriation, common to all western states. This system has been in effect in Nebraska since 1889, when the legislature enacted legislation granting rights in water by appropriation for beneficial use. Further legislation was enacted in 1895, cutting off any other means of obtaining rights in stream flows. The right to appropriate the waters of any stream was later given constitutional status by adoption of provisions dedicating the use of the water of "any natural stream within the State of Nebraska" to the people for beneficial uses and establishing priority of appropriation as the rule for "unappropriated waters of every natural stream." Under the prior appropriation system, the water itself belongs to the public. Only the right to use a given amount of water may be appropriated. This is done by putting that amount of water to "beneficial use." Since 1919, any person intending to use water has been required first to apply for a permit from the state. An earlier appropriator has a right superior to that of any later appropriator. Priorities of appropriations subsequent to the permit statute date from the day of filing an application...
Description
Citation
10 Creighton L. Rev. 592 (1976-1977)
Publisher
Creighton University School of Law