46-1,135 Rights of grantees of subdivided lands. - Nebraska Statutes

46-1,135. Rights of grantees of subdivided lands.Where land within an irrigation district, to which water has been delivered through adequate facilities provided by such irrigation district, is subdivided and transferred in part, the grantee or transferee shall have the right to use laterals and other existing facilities as against his grantor or assignor unless agreed otherwise, which agreement must be expressly stated in the deed of conveyance or transfer. SourceLaws 1933, c. 89, § 1, p. 360; C.S.Supp.,1941, § 46-1,102; R.S.1943, § 46-1,135.Annotations"Facilities" under this section is limited to something built or constructed for the purpose of delivering irrigation water, and flooding over the land is not a facility within the meaning of the statute. Hengen v. Hengen, 211 Neb. 276, 318 N.W.2d 269 (1982).Grantee of subdivided land previously irrigated by flooding from canal on portion of land retained by grantor or assignor held not entitled under this section to continue the flood irrigation from the canal. Where grantee's quarter had been irrigated from farm pond fed by lateral extending from canal on other quarter before property was subdivided, grantee held entitled under this section to continue use of lateral to irrigate his quarter. Hengen v. Hengen, 211 Neb. 276, 318 N.W.2d 269 (1982).