46-739.01 District; approval of certain transfers or program participation; report of title required; form; written consent of lienholder; rights of lienholder. - Nebraska Statutes

46-739.01. District; approvalof certain transfers or program participation; report of title required; form;written consent of lienholder; rights of lienholder.(1)Notwithstanding any other provision of law, no district shall approve a transferof certified water uses or certified irrigated acres or allow a ground wateruser or landowner to participate in a financial or other incentive programestablished pursuant to subsection (8) of section 46-739 unless the personseeking such transfer or participation in such program has submitted to thedistrict a report of title issued by an attorney or a registered abstracter,on a form prescribed by the district, reflecting (a) the owner and legal descriptionof the land from which the certified water uses or certified irrigated acresare to be transferred or which is the subject of such program and (b) theexistence of all liens, evidenced by the filing of a mortgage, trust deed,or other equivalent consensual security interest, against the land from whichthe certified water uses or certified irrigated acres are to be transferredor which is the subject of such program and the name and address of each suchlienholder, if any. If the report of title reflects the existence of any lienevidenced by the filing of a mortgage, trust deed, or other equivalent consensualsecurity interest, written consent to such transfer or participation in suchprogram shall be obtained from each such lienholder. The district may assessa fee against the person seeking such transfer or participation in such programto recoup its costs in reviewing the report of title. This subsection does not apply to a transfer of certifiedwater uses or certified irrigated acres resulting from: A one-time transferof four acres or less; participation in a financial or other incentive programthat involves the transfer, purchase, or retirement of four acres or less;or a transfer that involves one landowner on a single tract of land in whichthere is no reduction or increase in certified water uses or certified irrigatedacres and the transfer involves an improvement in irrigation efficiency.(2) Approval of a transfer of certified water uses or certifiedirrigated acres or authorization of a ground water user or landowner to participatein such financial or other incentive program by a district shall not affectthe rights of any lienholder who is not reflected in the report of title andfrom whom the required consent was not obtained. Such a lienholder may bringan action against the person seeking such transfer or participation in suchprogram for damages or injunctive or other relief for any injury done to thelienholder's interest in land or use of ground water resulting from such transferor participation.(3) This section does not limit the right to resort to othermeans of review, redress, or relief provided by law. SourceLaws 2009, LB477, § 7; Laws 2010, LB862, § 3.