46-801 Natural lakes; drainage; diversion; application. - Nebraska Statutes

46-801. Natural lakes; drainage; diversion; application.No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or other purpose than the bed of such lake would have for agricultural purposes. Any person intending to drain, lower, divert, or in any way reduce the waters or water supply of any natural or perennial lake shall, before commencing the construction of any such work for drainage or diversion, make application to the Department of Natural Resources for a permit to do so. SourceLaws 1919, c. 190, tit. VII, art. V, § 1, p. 857; C.S.1922, § 8480; C.S.1929, § 81-6401; R.S.1943, § 81-702; Laws 1957, c. 365, § 14, p. 1239; Laws 1994, LB 1165, § 21; Laws 2000, LB 900, § 225. AnnotationsDrainage of natural lake may be enjoined. Lackaff v. Bogue, 158 Neb. 174, 62 N.W.2d 889 (1954).Drainage of natural lakes covering an area in excess of twenty acres is governed by this section. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).Whether water constitutes natural or perennial lake, requiring permit under this section before attempting to drain same, is question of fact to be determined from evidence. Beem v. Davis, 111 Neb. 96, 195 N.W. 948 (1923).