39-805. Bridge over irrigation or drainage ditch; construction and maintenance; cost; how paid.

Whenever any public highway within this state shall cross or be crossed by any ditch or channel of any public drainage or irrigation district, it shall be the duty of the governing board of the drainage or irrigation district and the governing board of the county or municipal corporation involved to negotiate and agree for the building and maintenance of bridges and approaches thereto on such terms as shall be equitable, all things considered, between such drainage or irrigation district and such county or municipality. If such boards for any reason shall fail to agree with reference to such matter, it shall be the duty of the drainage or irrigation district to build the necessary bridges and approaches, and restore the highway in question to its former state as nearly as may be as it was laid out prior to the construction of the ditch or channel in question, and it shall be the duty of the county or municipal corporation involved to maintain the bridges and approaches. Where more than seventy-five percent of the water passing through any such ditch or channel is used by any person, firm, or corporation for purposes other than irrigation or drainage, it shall be the duty of such person, firm, or corporation, so using such seventy-five percent or more of such water, to build and maintain solely at the expense of such person, firm, or corporation, all such bridges and approaches thereto. Any bridge that may be built by any drainage or irrigation district or by any person, firm, or corporation under the provisions of this section shall be constructed under the supervision of the Department of Transportation, if on a state highway, and under the supervision of the county board or governing body of a municipality, if under the jurisdiction of such board or governing body of such municipality.

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Annotations

This section is in conflict with common law and must be strictly construed. Platte Valley P. P. & I. Dist. v. County of Lincoln, 163 Neb. 196, 79 N.W.2d 61 (1956).

County was obligated to maintain bridge across drainage ditch. Henneberg v. County of Burt, 160 Neb. 250, 69 N.W.2d 920 (1955).

When a highway is crossed by a drainage ditch, it is the duty of drainage district to build necessary bridges and approaches thereto under supervision of county board, after which it becomes the duty of the county to maintain the same. Ritter v. Drainage Dist. No. 1, 148 Neb. 873, 29 N.W.2d 782 (1947).

This section makes it the duty of the governing board of any irrigation or drainage district to build and maintain, under the supervision of the county board or the governing body of the municipality, all bridges and approaches necessitated by the crossing of a public highway. Wright v. Loup River Public Power Dist., 133 Neb. 715, 277 N.W. 53 (1938).

Where irrigation canal was established long prior to establishment of highway, owners of canal cannot be compelled to construct or maintain a bridge. Nine Mile Irr. Dist. v. State, 118 Neb. 522, 225 N.W. 679 (1929); State ex rel. Keith County v. Western Irr. Dist. Ditch Co., 116 Neb. 736, 219 N.W. 11 (1928).

County board, notified that drainage district proposes to construct bridges over its ditches on county roads under board's supervision, which fails to take action but permits district to proceed, is estopped to complain. State ex rel. County of Burt v. Burt-Washington Drainage Dist., 103 Neb. 763, 174 N.W. 316 (1919).