37-1055. Limitation of powers
A. Nothing in this chapter shall affect existing water rights or in any manner
contravene the provisions of this title.
B. No district or public body shall undertake or cooperate in the planning,
construction, improvement or maintenance of any structure, dike or channel for the
storage, spreading, diversion or conveyance of water resulting in the consumptive use of
water, on any watershed or drainage area which supplies or contributes water for the
irrigation of lands within any irrigation district or for the irrigation of other lands
having established rights in such water, without first submitting the plans therefor to
the governing body of such irrigation district or districts. Such governing body shall
within forty-five days after receipt of such plans either approve or reject them. The
approval may be given for rangeland soil conservation practices by agreement on an annual
or continuing basis between the governing bodies of the affected irrigation districts and
the supervisors of such natural resource conservation districts. If the governing body
fails to approve or reject the plans within forty-five days, it shall be deemed to have
approved them. If the governing body rejects the plans, the district or public body
proposing such plans may appeal to the commissioner. The appeal shall be taken within
forty-five days after such decision. The commissioner shall review the decision, and may
approve the plans only if after an investigation and hearing he finds that the work
proposed to be done will not result in the consumptive use of water. An appeal from the
decision of the commissioner may be taken by either party pursuant to the provisions of
section 37-215. The provisions of this subsection shall not preclude the use of any
other legal remedy otherwise available to any person or interested party.
C. The diversion, application or use of water by means of any improvement
constructed, maintained or operated under the provisions of this chapter shall not be
construed to be an appropriation of or vest any right to the use of public water.
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