46-101 Irrigation districts; organization; grant of authority.
46-101. Irrigation districts; organization; grant of authority.Whenever a majority of the electors owning land or holding leasehold estates, or who are entrymen of government lands, in the manner and to the extent hereinafter provided in any district susceptible to one mode of irrigation from a common source and by the same system of works, desire to provide for the irrigation of the same, they may propose the organization of an irrigation district under the provisions of sections 46-101 to 46-128, and when so organized, each district shall have the power conferred by law upon such irrigation district. SourceLaws 1895, c. 70, § 1, p. 269; Laws 1903, c. 121, § 1, p. 615; Laws 1905, c. 165, § 1, p. 648; Laws 1913, c. 142, § 1, p. 343; R.S.1913, § 3457; Laws 1917, c. 80, § 1, p. 187; C.S.1922, § 2857; C.S.1929, § 46-101; Laws 1937, c. 103, § 1, p. 361; C.S.Supp.,1941, § 46-101; R.S.1943, § 46-101.AnnotationsIrrigation districts organized hereunder are liable for seepage damages without regard to negligence under Article I, section 21, of the Constitution of Nebraska. Halstead v. Farmers Irr. Dist., 200 Neb. 314, 263 N.W.2d 475 (1978).Provision of public power district law did not apply to irrigation districts. Baum v. County of Scotts Bluff, 172 Neb. 225, 109 N.W.2d 295 (1961).Where plaintiff's land was never included in district his right to abandon use of irrigation water was not controlled by irrigation district act. Faught v. Platte Valley P. P. & I. Dist., 155 Neb. 141, 51 N.W.2d 253 (1952).An irrigation district organized under the laws of Nebraska and irrigating lands wholly within this state is subject to the irrigation laws of this state regardless of the fact that the district's headgates and diversion works may be in an adjoining state. State ex rel. Sorensen v. Mitchell Irr. Dist., 129 Neb. 586, 262 N.W. 543 (1935).Judgment of board as to matters submitted to it by statute cannot be collaterally attacked, but question whether land is under ditch already constructed of sufficient capacity to water same, is not left to adjudication of board. Sowerwine v. Central Irr. Dist., 85 Neb. 687, 124 N.W. 118 (1909); State v. Several Parcels of Land, 80 Neb. 424, 114 N.W. 283 (1907).Irrigation district act sustained as constitutional. Irrigation districts are public rather than municipal corporations, and their officers are officers of the state. Board of Directors of Alfalfa Irr. Dist. v. Collins, 46 Neb. 411, 64 N.W. 1086 (1895).Irrigation district, organized after county board was induced to believe law was complied with, was de facto corporation and liable on warrants. Draver v. Greenshields & Everest Co., 29 F.2d 552 (8th Cir. 1928).