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§ 25-1062.01.Chief Water Officer, defined; notice to appropriator; how given.

Article 10: Attachment, Garnishment, Injunctions, Receivers, and Replevin · Last amended 2025 · Last verified July 22, 2026

In one sentenceThis section defines “Chief Water Officer” for purposes of the injunction statutes and two related sections, and specifies that notice by registered or certified mail to a water appropriator must go to the address on file with the state water department.

Full Text of § 25-1062.01

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(1) As used in this section and in sections 25-1064, 25-2159, and 25-2160, Chief Water Officer means the Chief Water Officer of the Department of Water, Energy, and Environment, State of Nebraska, his or her successor in office, or any agent, servant, employee, or officer of the State of Nebraska, now or hereafter exercising any powers or duties with respect to the administration of the irrigation water in the state, who may be a party in any court of the state in an action when the relief demanded involves the delivery of irrigation water.
(2) Whenever notice by either registered or certified letter to an appropriator is required in such sections, the address of the appropriator shall be that recorded in the office of the Department of Water, Energy, and Environment under section 46-230.

Source

Laws 1941, c. 29, § 1, p. 133; C.S.Supp.,1941, § 20-10,111; R.S.1943, § 25-1062.01; Laws 1957, c. 242, § 14, p. 828; Laws 1957, c. 365, § 1, p. 1232; Laws 1986, LB 516, § 10; Laws 2000, LB 900, § 65; Laws 2025, LB317, § 45.

Plain-English Summary

Nebraska’s injunction statutes carve out special handling for cases involving the delivery of irrigation water, and section 25-1062.01 supplies the terms that carve-out depends on. As used in this section and in sections 25-1064, 25-2159, and 25-2160, the “Chief Water Officer” means the Chief Water Officer of the Department of Water, Energy, and Environment, that officer’s successor, or any agent, servant, employee, or officer of the state currently exercising powers or duties over the administration of irrigation water, when that person or office is a party in a case where the relief sought involves delivering irrigation water.

The section also fixes where notice goes. Wherever those sections require notice to an appropriator by registered or certified letter, the address to use is the one recorded in the office of the Department of Water, Energy, and Environment under section 46-230. That eliminates any guesswork about which address controls when a party or the court needs to reach an appropriator by mail.

On its own, this section grants no injunctive relief and imposes no independent duty. It exists to make the irrigation-water provisions of section 25-1064 workable by pinning down exactly who the “Chief Water Officer” is and where official notice must be sent.

Frequently Asked Questions

Who is the “Chief Water Officer” in Nebraska’s injunction statutes?

The Chief Water Officer of the Department of Water, Energy, and Environment, that officer’s successor, or any state agent, servant, employee, or officer currently administering irrigation water, when that person or office is a party to a case involving the delivery of irrigation water.

Which other sections use this definition?

Sections 25-1064, 25-2159, and 25-2160, in addition to section 25-1062.01 itself.

Where must notice to a water appropriator be sent?

To the address for that appropriator recorded in the office of the Department of Water, Energy, and Environment under section 46-230.

Does this section grant any relief on its own?

No. It only defines terms and fixes a notice address used by the related injunction provisions, particularly section 25-1064’s special rules for irrigation water cases.

Why does Nebraska treat irrigation water cases differently in its injunction statutes?

Because delivery of irrigation water can affect many appropriators at once, section 25-1064 requires extra notice before a restraining order or temporary injunction issues in those cases, and this section supplies the defined terms and address rule that provision relies on.

Source & verification. Section text and the amendment-history citation are reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the Nebraska Legislature. Last verified July 22, 2026. · Official source
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