70-671 District; breaks, overflow, and seepage; liability.
70-671. District; breaks, overflow, and seepage; liability.Any such district shall be liable for all breaks, overflow and seepage damage. Damages from seepage shall be recoverable when and if it accrues. SourceLaws 1933, c. 86, § 7, p. 349; Laws 1941, c. 138, § 1, p. 545; C.S.Supp.,1941, § 70-707; R.S.1943, § 70-671.Annotations1. Damages from seepage2. Damages from overflow3. Miscellaneous1. Damages from seepageDistrict is liable for seepage escaping from its works when and if it accrues. Scherz v. Platte Valley Public Power & Irrigation Dist., 151 Neb. 415, 37 N.W.2d 721 (1949).Damages for seepage are recoverable in one action. Smith v. Platte Valley Public Power & Irrigation Dist., 151 Neb. 49, 36 N.W.2d 478 (1949).This section gives a party damaged by seepage a plain, complete, adequate and speedy remedy at law. Halligan v. Elander, 147 Neb. 709, 25 N.W.2d 13 (1946).Districts are liable for overflow and seepage damages, but agreement to drain lands will not be enforced by mandatory injunction which would result in irreparable damage to third parties. Halligan v. Elander, 147 Neb. 156, 22 N.W.2d 647 (1946).District is liable for damages caused by seepage irrespective of negligence. Luchsinger v. Loup River Public Power Dist., 140 Neb. 179, 299 N.W. 549 (1941).Landowner is entitled to be compensated for loss of crops growing on land at time land is condemned arising from seepage. Heiden v. Loup River Public Power Dist., 139 Neb. 754, 298 N.W. 736 (1941).This section makes liability for damages from seepage absolute. Asche v. Loup River Public Power District, 138 Neb. 890, 296 N.W. 439 (1941).2. Damages from overflowLiability for all overflow is absolute only for such waters as flow over and from or escape out of the reservoirs or canals of a public power district and cause damage. Robinson v. Central Nebraska Public Power & Irrigation Dist., 146 Neb. 534, 20 N.W.2d 509 (1945).Instruction stating a public power and irrigation district is liable for all overflow damage plaintiff suffered to his crop by such overflow unless such damages were caused by an act of God is not prejudicial error if supported by competent evidence. Webb v. Platte Valley Public Power & Irrigation District, 146 Neb. 61, 18 N.W.2d 563 (1945).3. MiscellaneousThis section applies only to districts organized under this article. Baum v. County of Scotts Bluff, 172 Neb. 225, 109 N.W.2d 295 (1961).