70-601. Terms, defined.
For purposes of Chapter 70, article 6, unless the context otherwise requires:
(1) District means a public power district, public irrigation district, or public power and irrigation district, organized under Chapter 70, article 6, either as originally organized or as the same may from time to time be altered or extended, and includes, when applicable, rural public power districts organized under Chapter 70, article 8, and subject to Chapter 70, article 6;
(2) Municipality, when used in relation to the organization or charter of a public power district or to the election of successors to the board of directors of a public power district, means any county, city, incorporated village, or voting precinct in this state;
(3) Governing body, whenever used in relation to any municipality, means the duly constituted legislative body or authority within and for such municipality as a public corporation and governmental subdivision. When used with reference to a voting precinct, governing body means the county board of the county in which the precinct is located;
(4) Irrigation works means any and all sites, dams, dikes, abutments, reservoirs, canals, flumes, ditches, head gates, machinery, equipment, materials, apparatus, and all other property used or useful for the storage, diversion, damming, distribution, sale, or furnishing of water supply or storage of water for irrigation purposes or for flood control, or used or useful for flood control, whether such works be operated in conjunction with or separately from electric light and power plants or systems;
(5) Power includes any and all electrical energy and capacity generated, produced, transmitted, distributed, bought, or sold, hydrogen produced, stored, or distributed, and ethanol produced for purposes of lighting, heating, power, and any and every other useful purpose whatsoever;
(6) Plant or system includes any and all property owned, used, operated, or useful for operation in the district's business, including the generation by means of water power, steam, or other means or in the transmission, distribution, sale, or purchase of electrical energy, hydrogen, or ethanol for any and every useful purpose, including any and all irrigation works which may be owned, used, or operated in conjunction with such power plant or system;
(7) Energy equipment includes, but is not limited to, equipment or facilities used or useful to generate, produce, transmit, or distribute power, heated or chilled water, or steam for use by the district or the district's commercial and industrial customers; and
(8) Public power industry means public power districts, public power and irrigation districts, municipalities, registered groups of municipalities, electric cooperatives, electric membership associations, joint entities formed under the Interlocal Cooperation Act, joint public agencies formed under the Joint Public Agency Act, agencies formed under the Municipal Cooperative Financing Act, and any other governmental entities providing electric service.
Source
Cross References
Annotations
1. Constitutionality
2. Liability
3. Powers
4. Miscellaneous
1. Constitutionality
Public power and irrigation act, sustained against contention of unconstitutionality on grounds that the act was never properly passed, that the title contains more than one subject in violation of section 14, article 3 of the Constitution of Nebraska, and that the act authorizes the taking of private property without payment of just compensation therefor. State ex rel. Loseke v. Fricke, 126 Neb. 736, 254 N.W. 409 (1934).
2. Liability
District was not liable for maintenance of bridge which was not constructed under its supervision. Platte Valley P. P. & I. Dist. v. County of Lincoln, 163 Neb. 196, 79 N.W.2d 61 (1956).
In action for damages resulting from flooding of plaintiff's premises by floodwaters from canal of irrigation district, negligence of irrigation district was for jury. Webb v. Platte Valley Public Power & Irrigation District, 146 Neb. 61, 18 N.W.2d 563 (1945).
Right of landowners to recover consequential damages was governed in federal court by state law. Feltz v. Central Nebraska P. P. & I. Dist., 124 F.2d 578 (8th Cir. 1942).
3. Powers
Powers of grid system were those provided by this article. Wittler v. Baumgartner, 180 Neb. 446, 144 N.W.2d 62 (1966).
Public power district and city were each authorized to furnish electric current in area adjacent to city. State ex rel. Dawson County Feed Products v. Omaha P. P. Dist., 174 Neb. 350, 118 N.W.2d 7 (1962).
Purchase of land for a right-of-way carries with it all the incidents of the power of eminent domain. Clary v. State, 171 Neb. 691, 107 N.W.2d 429 (1961).
4. Miscellaneous
A public power district which does not provide at least 50 percent of the retail or wholesale power requirements of a municipality cannot include that municipality within its charter area. In re Boundaries of McCook P. P. Dist., 217 Neb. 11, 347 N.W.2d 554 (1984).
Members of public power system were corporations. State ex rel. League of Municipalities v. Loup River Public Power Dist., 158 Neb. 160, 62 N.W.2d 682 (1954).
It is the duty of district organized under this section that builds structures across natural drainways to provide for the natural passage of all waters which may be reasonably anticipated to drain there. Halligan v. Elander, 147 Neb. 156, 22 N.W.2d 647 (1946).
Public corporation organized to use waters of natural stream for irrigation and for development of electric power is a governmental subdivision, and all its property is exempt from taxation. Platte Valley Public Power and Irrigation District v. County of Lincoln, 144 Neb. 584, 14 N.W.2d 202 (1944).
Structure Nebraska Revised Statutes
Chapter 70 - Power Districts and Corporations
70-101 - Districts and corporations; furnish information; enforcement.
70-301 - Right-of-way; acquisition; procedure; approval.
70-303 - Right-of-way; abandonment, effect of.
70-304 - Right-of-way; acquisition; crop damage.
70-305 - Right-of-way; damage to private property; procedure.
70-306 - Placement of lines; procedure.
70-307 - Placement of lines; violation; penalty.
70-308 - Property within village or city; how treated.
70-313 - Electric transmission or electric distribution lines; liability; cost of removal.
70-408 - Electric companies; rates; kilowatt-hour meter; demand meter; minimum charge authorized.
70-409 - Electric companies; rate regulations; violation; penalty.
70-502 - Electric energy; sale or purchase; interconnections; contracts authorized.
70-503 - Acquisition, extension, and improvements; pledge of earnings or profits authorized.
70-504 - Sale, lease, or transfer; election and voter approval required; exceptions; procedure.
70-505 - Sale, lease, or transfer; documents; filing.
70-506 - Sale, lease, or transfer; statement and report; contents; filing.
70-507 - Sale, lease, or transfer; statement and report; certification; filing.
70-508 - Sale, lease, or transfer; false statement, report, or certificate; penalty.
70-509 - Sale, lease, or transfer; evidence of valuation.
70-510 - Sale, lease, or transfer; promotion expenditures; limitation.
70-511 - Sale, lease, or transfer; excessive promotion expenditures; violation; penalty.
70-513 - Sale, lease, or transfer; promotion expenditures; statement.
70-514 - Sale, lease, or transfer; promotion expenditures; failure to file statement; penalty.
70-515 - Applicability of laws.
70-602 - District; creation; general powers.
70-603 - District; organization; amendment of charter; petition.
70-604 - District; petition; contents.
70-604.01 - Chartered territory; boundaries.
70-604.02 - Operating area, defined.
70-604.04 - Operating area; electric utility not included, when; wholesale supplier; duties.
70-604.05 - District; noncompliance; complaint; hearing; notice; order; failure to comply; penalty.
70-604.06 - Nebraska Power Review Board; final action; appeal; manner.
70-604.08 - District; reorganization, consolidation, or merger; directors; continue to serve term.
70-604.09 - District; conduct business in other states; limitations.
70-605 - District; original creation; petition; signatures; number required.
70-606 - District; petition requirements.
70-607 - District; petition; investigation; approval.
70-608 - District; certificate of approval; filing.
70-609 - District; board of directors; assumption of duties.
70-609.01 - Board of directors; statement of public policy.
70-610 - Board of directors; candidate qualifications; election; expenses.
70-611 - Board of directors; election; certified notice; publication.
70-612 - Board of directors; election; subdivisions; procedure.
70-615 - Board of directors; vacancy; how filled.
70-616 - Board of directors; oath.
70-619 - Board of directors; qualifications; eligibility to serve.
70-620 - Officers; appointment; treasurer's bond.
70-620.01 - Chief executive officer; terms of employment; powers; duties.
70-621 - Board of directors; rules and regulations.
70-622 - Books and records; where kept; open to inspection.
70-623 - Fiscal year; annual audit; filing.
70-623.02 - Audit; records accessible to auditor.
70-623.03 - Failure to file audit; effect.
70-624 - Officers; compensation; approval; publication; violation; penalty.
70-624.01 - District; agent; cost-plus contracts prohibited.
70-624.02 - Board of directors; expenses; compensation; prohibitions; exceptions.
70-625 - Public power district; powers; restrictions.
70-625.01 - Rural areas; legislative findings and declarations.
70-625.02 - Electric transmission facilities and interconnections, defined; policy of state.
70-626.01 - Generating power agency; duty to sell electrical energy; when.
70-626.02 - Generating power agency; physical connections; establish; rates.
70-626.05 - Wheeling service; contract; dispute; exception; board; settlement.
70-627 - Irrigation works; construction; acquisition; contracts authorized.
70-628 - District; additional powers.
70-628.02 - Joint exercise of powers with municipalities and public agencies; authority.
70-628.03 - Joint exercise of powers with electric cooperatives or corporations; authority.
70-629 - Power to tax denied; exception.
70-630 - Water storage or service; contract required; conditions.
70-631 - Power to borrow; repayment of indebtedness; source of funds; security for indebtedness.
70-632 - Indebtedness; pledge of revenue, how made.
70-633 - Pledge of revenue; terms; directors to prescribe; officer of district; powers authorized.
70-634 - Pledge of revenue; provision for refunding indebtedness.
70-635 - Pledge of revenue; special fund.
70-636 - District; rates; agreement with security holders.
70-637 - Construction, repairs, and improvements; contracts; sealed bids; exceptions; notice; when.
70-638 - Contracts; sealed bids; advertisement.
70-639 - Letting of contracts; considerations.
70-640 - Contracts; Nebraska workmen preferred.
70-641 - Contracts; bonds; laws applicable.
70-642 - Damage, injury, or impairment to district property; emergencies; procedure.
70-642.01 - Conditions created by war or national defense; contracting requirements inapplicable.
70-643 - District; funds; how expended; bond, when required.
70-644 - District facilities and property; mortgage authorized; when.
70-645 - Pledge of revenue; authorized; when.
70-646.01 - District property; alienation to private power producers prohibited; exceptions.
70-648 - Receivership; when authorized; discharge of receiver; when.
70-651.01 - Districts; payments in lieu of taxes.
70-651.02 - Districts; payments in lieu of taxes; distribution; use.
70-651.03 - Districts; gross revenue tax; how determined.
70-651.04 - Districts; gross revenue tax; distribution.
70-651.05 - Public power districts; payment made in lieu of other taxes and fees; exceptions.
70-653.01 - Electric distribution system; purchase by city or village; payment in lieu of taxes.
70-653.02 - Cities and villages; payment in lieu of taxes; how paid.
70-655 - Reasonable rates required; negotiated rates authorized; conditions.
70-659 - Operation within city or village by district; franchise required.
70-660 - Franchise to operate utility; terms and conditions; rates prescribed.
70-661 - Contracts with city or village; terms and conditions.
70-663 - Amendment; approval procedure.
70-664 - Amendment; board approval; certificate; filing.
70-665 - Amendment; when effective.
70-666 - Dissolution; procedure.
70-668 - Streams; water rights; priority.
70-669 - Streams; inferior rights; acquired by superior right; how compensated.
70-671 - District; breaks, overflow, and seepage; liability.
70-672 - Water rights; eminent domain; condemnation; procedure.
70-673 - Competitive or proprietary information; withheld; when; procedures applicable.
70-680 - Judicial proceedings; bond not required, when.
70-706 - Articles of incorporation; contents.
70-707 - Electric cooperative; use of term restricted.
70-708 - Articles of incorporation; filing; certificate of incorporation; issuance.
70-709 - Certificate of incorporation; effect.
70-710 - Organizational meeting; bylaws; adoption; election of officers; notice; waiver.
70-711 - Bylaws; make, alter, amend, or repeal; contents.
70-712 - Membership; conditions.
70-713 - Meetings, where held; annual and special meetings.
70-714 - Meetings; notice; waiver.
70-715 - Members; voting rights.
70-716 - Membership certificate; issuance; transfer; conditions.
70-718 - Board of directors; number; powers; qualifications.
70-719 - Directors; alternate directors; election; compensation; expenses.
70-720 - Directors; alternate directors; vacancy; how filled.
70-721 - Board of directors; quorum; how determined.
70-722 - Board meetings; notice; waiver.
70-723 - Officers; powers; duties; removal.
70-724 - Executive committee; powers.
70-725 - Rates for electric energy and other services; nonprofit operation.
70-726 - Revenue; use; surplus; return to consumer.
70-727 - Articles of incorporation; amendment; procedure.
70-728 - Consolidation of corporations; how effected.
70-729 - Articles of consolidation; filing.
70-730 - Dissolution; procedure.
70-731 - Dissolution; discharge of liabilities; distribution of assets.
70-732 - Defective corporations; dissolution; procedure.
70-734 - Securities Act of Nebraska; inapplicable; when.
70-735 - Defective incorporation; correction; effect.
70-736 - Existing associations; compliance with sections.
70-737 - Sections, how construed.
70-738 - Sections; exclusive; applicability of other law.
70-801 - District; how created.
70-803 - Formation of district; petition; contents.
70-804 - Formation of district; petition; investigation; hearing; notice; expenses.
70-805 - Formation of district; petition; hearing; approval; procedure.
70-806 - Formation of district; petitioner; appeal; procedure.
70-807 - Formation of district; petition granted; interested person; appeal; procedure.
70-808 - Sections, how construed.
70-1001 - Declaration of policy.
70-1002.02 - Suppliers of electricity; sale in violation of approved agreement; prohibited.
70-1004 - Suppliers of electricity; filing of maps and service area statements; exception.
70-1006 - Hearings; continuance; rules of procedure.
70-1007 - Establishment of service areas; board; orders; policy considerations.
70-1014.01 - Special generation application; approval; findings required; eminent domain.
70-1017 - Suppliers; duty to furnish service; disputes submitted to board.
70-1018 - Suppliers; disputes over rates; submission to board; hearing; recommendations.
70-1021 - Microwave communication facilities; authorization; procedure; protest; hearing; when.
70-1022 - Microwave facilities or system; authorization; when not required.
70-1023 - Transferred to section 70-1001.01.
70-1024 - Power supply plan; board; powers and duties; special assessment.
70-1025 - Power supply plan; contents; filing; annual report.
70-1026 - Power supply plan; research and conservation report; contents.
70-1032 - Working group; members.
70-1033 - Nebraska Power Review Board; duties.
70-1101 - Declaration of policy.
70-1102 - Public power districts; agreements with municipalities; operation until January 1, 1972.
70-1104 - Public power districts; municipal operation; employees' rights respected.
70-1106 - Sections, how construed.
70-1301 - Statement of policy.
70-1302 - Electric rate disputes; legislative determination.
70-1303 - Wholesale purchaser; payment to supplier; when.
70-1304 - Wholesale purchaser; billing; dispute; notice; contents.
70-1305 - Wholesale purchaser; dispute; supplier establish escrow account.
70-1306 - Unresolved dispute; submitted to arbitration; rules applicable.
70-1307 - Arbitration board; membership.
70-1308 - Arbitrators; disqualifications.
70-1309 - Arbitration board; appointed; when; manner.
70-1310 - Arbitration costs and expenses; how assessed.
70-1311 - Arbitration board; personnel; hire.
70-1312 - Arbitration board; meetings; chairperson; disputed issues.
70-1313 - Failure to appoint an arbitrator; effect.
70-1314 - Arbitration board; proceedings; duties.
70-1315 - Supplier; notice to other wholesale purchasers; when.
70-1316 - Arbitration board; preliminary written statements; hearing; notice.
70-1317 - Dispute; production of documents and records; depositions.
70-1318 - Arbitration board; hearing; testimony; evidence; witnesses.
70-1319 - Arbitration board; hearing; duration.
70-1320 - Arbitration board; decision; findings.
70-1322 - Escrow account; distribution.
70-1323 - Escrow account; deficiency; effect; interest.
70-1324 - Arbitration; time limits; extension.
70-1325 - Arbitration board; final decision; appeal.
70-1326 - Arbitration board; decision; reversal, modification, or vacation; procedure.
70-1327 - Appellate court; trial; de novo on the record.
70-1329 - Wholesale purchaser; failure or refusal to make payment; supplier; remedies.
70-1403 - Legislative findings.
70-1404 - Public power district; joint project authorized; limitation; study.
70-1408 - Joint authority; executive committee; creation; exercise powers of board.
70-1409 - Joint authority; rights and powers; enumerated.
70-1410 - Joint authority; statutory restrictions applicable; when.
70-1411 - Joint authority; annual audit.
70-1413 - Joint authority project; sale of excess capacity; limitations; applicability.
70-1414 - Joint authority; issue bonds; pledge revenue; restrictions.
70-1415 - Joint authority projects; bonds; issuance; proceeds; uses.
70-1416 - Bonds; secured by trust agreement; covenants authorized.
70-1417 - Directors; establish rates and fees; limitation; pledge; lien.
70-1418 - Funds from bond issuance; investment authorized; conditions.
70-1419 - Bondholder; trustee; enforcement of rights.
70-1420 - Refunding bonds; issuance; conditions.
70-1421 - Board of directors; grants-in-aid and loans; authorized; powers.
70-1422 - Sections, supplemental to other provisions.
70-1423 - Sections, how construed.
70-1501 - Statement of policy.
70-1502 - Suppliers; agreements authorized.
70-1503 - Agreement; Nebraska Power Review Board; approval required; procedure.
70-1504 - Agreement; dispute; hearing.
70-1505 - Supplier; competition and antitrust provisions; exemption.
70-1601 - Applicant for service; denial prohibited, when.
70-1602 - Domestic subscriber, defined.
70-1605 - Discontinuance of service; notice; procedure; limitation on fees.
70-1606 - Discontinuance of service; notice; contents; accessible to public.
70-1607 - Discontinuance of service; third-party notice procedure.
70-1608 - Discontinuance of service; dispute; conference.
70-1609 - Discontinuance of service; dispute; statement; effect.
70-1610 - Conference; employee; duties.
70-1611 - Conference; employee; decision to terminate service; when.
70-1612 - Appeal; hearing; procedure.
70-1613 - Appeal; hearing; domestic subscriber; rights.
70-1614 - Appeal; hearing; management office; duties.
70-1615 - Sections; not applicable; when.
70-1702 - Purchase agreement; contents.
70-1703 - Agreement; other provisions applicable.
70-1704 - Ownership agreement; terms and conditions.
70-1705 - Sections; how construed.
70-1802 - Definitions, where found.
70-1803 - Financing costs, defined.
70-1805 - Mandated project, defined.
70-1805.01 - Mandated project bond issuer, defined.
70-1806 - Mandated project bonds, defined.
70-1807 - Mandated project charge, defined.
70-1808 - Mandated project costs, defined.
70-1809 - Public entity, defined.
70-1810 - Related operating expenses, defined.
70-1811 - Special revenue, defined.
70-1813 - Issuance of mandated project bonds; authorized; proceeds; use.
70-1814 - Mandated project charges; use.
70-1815 - Public entity; discretionary actions.
70-1816 - Public entity collecting mandated project charges; billing explanation required.
70-1817 - Act and grants of power; how construed.
70-1818 - Creation of mandated project bond issuer; procedure; board of directors.
70-1905 - Electric supplier; duties.
70-1907 - C-BED project developer; provide notices.
70-1908 - Sections; how construed.
70-1909 - Electric supplier; limit on eminent domain.
70-2001 - Legislative findings.
70-2005 - Annual net metering report; contents.
70-2102 - Legislative findings.
70-2103 - Public power supplier, defined.
70-2104 - Prohibited acts; penalty.
70-2105 - Nuclear electrical generating facility; nuclear fuel; prohibited acts; penalty.