How would I appeal a ruling to allow the new owner of the land I sold to use the water supply?

Full question:

We have used a water district's water in pastures for over 20 years. We sold the ranch last fall. The water district refuses to allow the new owner to use the water. They say they are not accepting new hook-ups nor will they allow me to let him use the water and charge him for the cost of the water. Would I have any chance to change their rulings in a court of law?

• Category: Real Property
• Subcategory: Easements
• Date: 04/07/2025
• State: Nebraska

Answer:

Water is regulated under the police powers of the state. Local water divisions are also governed by local ordinances. Such ordinances will govern the terms for water contracts, may restrict the transfer of water contracts, appeal procedures, and the procedures for requesting special uses.

For example, in one NE area, special uses are defined as follows:

The term "special water use" shall mean any nonpolluting, i.e., not in violation of governmental laws or regulations, nondomestic use of water by a customer. Special water uses shall include but are not limited to the following:

(1) Irrigating lawns or gardens.

(2) Washing personal vehicles.

(3) Cooling water for air conditioners.

(4) Watering livestock.

(5) General outdoor cleanup.

I suggest you contact a local council person and obtain a copy of your local ordinances governing water contracts. Decisions of water divisions are typically governed by a standard of reasonableness, which allows broad discretion in administering the applicable regulations.

Proof of whether a decision is unreasonable is a subjective dtermination for the court, based on all the facts and circumstances in each case. I am unable to provide a legal opinion, this service provides information of a general legal nature.

The following are NE statutes:

46-750 Appeal; procedure.

Any person aggrieved by any order of the district, the Director of
Environmental Quality, or the Director of Natural Resources issued pursuant
to the Nebraska Ground Water Management and Protection Act may appeal the
order. The appeal shall be in accordance with the Administrative Procedure
Act.

46-742 Transport of ground water; prohibited; when.

(1) Whenever the drilling of new wells has been stayed pursuant to
section 46-714, ground water withdrawn outside the affected area shall not
be transported for use inside such area unless

(a) such withdrawal and
transport began before the stay took effect,

(b) the water is used solely
for domestic purposes, or

(c) such withdrawal and transport is approved in
advance by the district in which the stay is in effect and, if the water is
withdrawn in another natural resources district, by the other district.

(2) Whenever a natural resources district pursuant to subdivision (1)(m)
of section 46-739 has closed all or part of the district to the issuance of
additional well permits, ground water withdrawn outside the affected area
shall not be transported for use inside such area unless

(a) such
withdrawal and transport began before the affected area was closed to the
issuance of additional well permits,

(b) the water is used solely for
domestic purposes, or

(c) such withdrawal and transport is approved in
advance by the district that closed the affected area to additional well
permits and, if the water is withdrawn in another natural resources
district, by the other district.

(3) If a proposed withdrawal and transport of water under subsection (1)
or (2) of this section is intended for municipal purposes, the natural
resources district shall approve the withdrawal and transport of ground
water into the affected area when a public water supplier providing water
for municipal purposes receives a permit from the Department of Natural
Resources pursuant to the Municipal and Rural Domestic Ground Water
Transfers Permit Act.