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17-529 Watercourses; aqueducts; wells; regulation.

NE Code § 17-529 (2019) (N/A)
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17-529. Watercourses; aqueducts; wells; regulation.

Cities of the second class and villages shall have power (1) to establish and alter the channel of watercourses and to wall them and cover them over, (2) to establish, regulate, and provide for the filling of wells, cisterns and windmills, aqueducts, and reservoirs of water, and (3) to erect and maintain a dike or dikes as protection against flood or surface waters.

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Annotations

City was authorized to erect and maintain a dike as protection against flood or surface waters. Gruntorad v. Hughes Bros. Inc., 161 Neb. 358, 73 N.W.2d 700 (1955).

A village has the right, under police power, to control lateral of irrigation ditch through one of its streets. Thornton v. Kingrey, 100 Neb. 525, 160 N.W. 871 (1916), affirmed on rehearing, 101 Neb. 631, 164 N.W. 561 (1917).

Where a municipality fills a channel with earth and fails to provide a sufficient outlet for passage of natural flood waters, damaging property, it is liable therefore. McClure v. City of Broken Bow, 81 Neb. 384, 115 N.W. 1081 (1908).

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17-529.01 Dikes; erection and maintenance; eminent domain; procedure.