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:
- State: Nebraska
Answer:
Water is regulated by state police powers and local ordinances, which govern water contracts and may restrict their transfer. To understand your situation better, you should contact a local council member and obtain a copy of the ordinances that apply to water contracts in your area.
Decisions made by water districts are typically judged by a standard of reasonableness, allowing them broad discretion in applying regulations. Whether a decision is unreasonable is subjective and depends on the specific facts of each case.
If you wish to appeal a decision made by the water district, Nebraska law provides a process for aggrieved individuals. According to Nebraska Revised Statutes, any person affected by an order from the district can appeal under the Administrative Procedure Act (Neb. Rev. Stat. § 46-750).
Additionally, there are restrictions on transporting groundwater, especially if new well permits are not being issued in the affected area (Neb. Rev. Stat. § 46-742). If your water use is classified as a special use, you may need to seek approval from the district for any transfer or new use.
For further assistance, consider consulting with a legal professional who specializes in water law.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.