12-809.   Damming of river or condemnation of land and water for waterworks;petition to court; bond issue.The governing body of any city shall have power and authority to dam anyriver not navigable, to condemn and appropriate in the name and for the useof the city any such land or lands located in or out of the corporatelimits thereof, as may be necessary for the construction and operation ofwaterworks, and to condemn, appropriate and divert the water from suchriver, or so much thereof as may be deemed necessary for such purpose.

      Whenever the city council shall determine to condemn and appropriate anyland or to condemn and divert any water for the purpose aforesaid, it shallcause a petition to be presented in the name of the city to the district judge ofthe district court of the county in which such city is situated, settingforth the necessity of the appropriation of lands and the diverting of saidwater for the erection and operation of waterworks, and thereupon thenecessary real estate shall be condemned as provided by law, and may bepaid for by the issuance and sale of the bonds of such city as provided bylaw.

      Before any such bonds shall be issued the proposition shall be submittedto the voters of such city as provided by law. From and after suchcondemnation and appropriation and the payment therefor, the city shall bevested with the right to perpetually use the land, water, and the right todivert such water, condemned for the purpose of waterworks.

      History:   R.S. 1923, § 12-809; L. 1976, ch. 145, § 38; Jan. 10, 1977.