70-669 Streams; inferior rights; acquired by superior right; how compensated. - Nebraska Statutes

70-669. Streams; inferior rights; acquired by superior right; how compensated.No inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user. The just compensation paid to those using water for power purposes shall not be greater than the cost of replacing the power which would be generated in the plant or plants of the power user by the water so acquired. SourceLaws 1933, c. 86, § 7, p. 349; Laws 1941, c. 138, § 1, p. 545; C.S.Supp.,1941, § 70-707; R.S.1943, § 70-669.AnnotationsRight to use of waters for power purposes cannot be acquired by a superior right for irrigation purposes without payment of just compensation. Hickman v. Loup River P. P. Dist., 173 Neb. 428, 113 N.W.2d 617 (1962).