46-128. Irrigation; declared a public use.
The use of all water required for the irrigation of lands of any district formed under the provisions of sections 46-101 to 46-128, together with canals and ditches already constructed, the rights-of-way for canals and ditches, sites for reservoirs and pumping plants, and all other property required in fully carrying out the provisions of sections 46-101 to 46-1,111, is hereby declared to be a public use, subject to the regulation and control of the state in the manner prescribed by law.
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Annotations
This section does no more than provide that land necessarily taken to benefit an irrigation district is taken for a public use, and whether the use for which property is taken is public or private in nature is a judicial question, not a legislative one. Chimney Rock Irr. Dist. v. Fawcus Springs Irr. Dist., 218 Neb. 777, 359 N.W.2d 100 (1984).
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