The motion for the writ must be made upon affidavit. The court may require a notice of the application to be given to the adverse party, may grant an order to show cause why it should not be allowed, or may grant the writ without notice. No peremptory writ of mandamus shall be allowed in any case involving the delivery of irrigation water if the Chief Water Officer, as defined in section 25-1062.01, is a party unless notice by either registered or certified mail has been given, as provided therein, seventy-two hours prior to the time of hearing to the Chief Water Officer and division supervisor in the water division created by section 61-212 in which the action is brought and to all appropriators whose rights to the delivery of water might in any manner be affected, of the time and place of the hearing. In such case, any person, natural or artificial, injured or likely to be injured by the granting of such writ, may intervene in such action at any stage of the proceedings and become a party to such litigation.
§ 25-2160.Peremptory writ; motion; affidavit required; notice; order to show cause; actions involving irrigation water.
Article 21: Special Proceedings and Actions · Last amended 2025 · Last verified July 22, 2026
In one sentenceThis section requires an affidavit to support a motion for a writ of mandamus, lets the court choose between notice to the adverse party, an order to show cause, or granting the writ without notice, and adds a mandatory seventy-two-hour notice and intervention right for irrigation-water cases involving the Chief Water Officer.
Full Text of § 25-2160
Source
R.S.1867, Code § 649, p. 508; R.S.1913, § 8275; C.S.1922, § 9228; C.S.1929, § 20-2160; Laws 1941, c. 29, § 10, p. 137; C.S.Supp.,1941, § 20-2160; R.S.1943, § 25-2160; Laws 1957, c. 242, § 20, p. 831; Laws 1957, c. 365, § 6, p. 1235; Laws 2000, LB 900, § 69; Laws 2025, LB317, § 49.
Plain-English Summary
Section 25-2160 covers the procedural mechanics of moving for the writ. The motion for the writ must be made upon affidavit. From there, the court has options: it may require notice of the application to be given to the adverse party, may grant an order to show cause why the writ should not be allowed, or may grant the writ without notice at all.
Irrigation water cases get special treatment. No peremptory writ of mandamus may be allowed in any case involving the delivery of irrigation water if the Chief Water Officer, as defined in section 25-1062.01, is a party, unless notice by registered or certified mail has been given, seventy-two hours before the hearing, to the Chief Water Officer and to the division supervisor in the water division created by section 61-212 where the action is brought, and to all appropriators whose rights to delivery of water might in any way be affected.
The section also opens the door to outside participation in these water cases. Any person, natural or artificial, injured or likely to be injured by granting the writ may intervene in the action at any stage of the proceedings and become a party to the litigation.
Frequently Asked Questions
What must support a motion for a peremptory writ of mandamus in Nebraska?
An affidavit.
Does the adverse party always get advance notice before a mandamus writ issues?
Not necessarily. The court may require notice, grant an order to show cause, or grant the writ without notice at all.
What extra notice does an irrigation-water case require under this section?
If the Chief Water Officer is a party, notice by registered or certified mail must go out seventy-two hours before the hearing to the Chief Water Officer, the relevant water division supervisor, and every appropriator whose delivery rights might be affected.
Can someone who is not already a party join a mandamus case involving irrigation water?
Yes. Any person, natural or artificial, injured or likely to be injured by the writ may intervene at any stage of the proceedings.
Why does irrigation water get special notice treatment in mandamus cases?
Because granting a writ affecting water delivery can touch the rights of many appropriators beyond the named parties, so the section requires wider notice before a peremptory writ issues.
Which water division supervisor must receive notice?
The supervisor in the water division created by section 61-212 in which the action is brought.
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
Also known as: mandamus affidavit requirement nebraskaorder to show cause mandamus nebraskairrigation water mandamus notice ruleintervening in a mandamus water rights caseseventy-two hour notice chief water officer