46-108. District; lands included; lands irrigated by pumping.
Upon specific findings as to inclusion of any land in the proposed district, to which objection shall have been made, it shall be the duty of the county clerk to notify the objector, his agent or attorney, in writing, of the fact that such specific finding shall have been made, within three days after the finding shall have been made, nor shall any land which will not, in the judgment of the board, be benefited by irrigation by such system be included in such district; Provided, any persons whose lands are susceptible of irrigation from the same source, shall, upon application of the owner to the board, be entitled to have such lands included in such district. The person, firm, corporation or municipal corporation whose land, within any proposed district, is provided with water by pumping, whether from well, lake or stream, shall not be included therein except upon written application of the owner or owners of such land; Provided, that one thousand gallons per minute of water shall exempt one hundred and sixty acres, and lesser or greater amounts of water shall exempt in proportion.
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Annotations
Land may not be included in an irrigation district that is provided with water by pump for its irrigation. Smith v. Frenchman-Cambridge Irr. Dist., 155 Neb. 270, 51 N.W.2d 376 (1952).