State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter70 > 70-602

70-602. District; creation; general powers.A district may be created as hereinafter provided and, when so created, shall be a public corporation and political subdivision of this state and may sue or be sued in its corporate name. A district may be composed of the territory of one or more municipalities as defined in subsection (2) of section 70-601, whether contiguous or otherwise. Nothing in Chapter 70, article 6, shall be construed to prevent the organization of a district within or partly within the territorial boundaries of another district organized hereunder, so long as the plants, systems, and works, the operation of the same, the exercise of powers, and the assumption of duties and responsibilities, of or on the part of one district, do not nullify, conflict with, or materially affect those of, or on the part of, another district. SourceLaws 1933, c. 86, § 2, p. 339; Laws 1937, c. 152, § 2, p. 578; C.S.Supp.,1941, § 70-702; R.S.1943, § 70-602; Laws 1981, LB 181, § 6; Laws 1986, LB 949, § 3. AnnotationsRural public power district is a public corporation and political subdivision of the state. York County Rural P. P. Dist. v. O'Connor, 172 Neb. 602, 111 N.W.2d 376 (1961).A power district is a political subdivision of the state. United Community Services v. Omaha Nat. Bank, 162 Neb. 786, 77 N.W.2d 576 (1956).Conflict between powers of two districts is to be determined at date of organization of later district. Custer Public Power Dist. v. Loup River Public Power Dist., 162 Neb. 300, 75 N.W.2d 619 (1956).A public power district is a public corporation and a political subdivision of the state. Consumers Public Power Dist. v. Eldred, 146 Neb. 926, 22 N.W.2d 188 (1946).Service in the same territory by two public power districts is not forbidden where there is no conflict in the exercise of powers and assumption of duties by each, and, in issuing a certificate of approval to a proposed district, the Department of Water Resources is not required to include a finding that no conflict exists. State ex rel. Wright v. Eastern Nebraska Public Power District, 130 Neb. 683, 266 N.W. 594 (1936); State ex rel. Wright v. Lancaster County Rural Public Power District, 130 Neb. 677, 266 N.W. 591 (1936).