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Official Government Sites
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Index of Revised Statute 46 Section 02
| Statute | Description |
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| 46-201 | Water for irrigation; declared natural want.
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| 46-202 | Natural streams; unappropriated water; dedication to public use; appropriated water; further appropriation.
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| 46-202.01 | Repealed.
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| 46-203 | First appropriators; declared first in right.
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| 46-204 | Natural streams; priority of appropriations; first in time, first in right; preference from nature of use.
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| 46-205 | First appropriators; date of priority.
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| 46-206 | Appropriation; water to be returned to stream.
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| 46-207 | Appropriation; no land to be crossed by more than one ditch.
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| 46-208 | Department of Water Resources; general grant of authority.
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| 46-209 | Department of Water Resources; jurisdiction; rules; hearings; orders; powers and duties.
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| 46-210 | Department of Water Resources; decisions; appeal; time; procedure.
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| 46-211 | Repealed.
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| 46-212 | Department of Water Resources; powers; survey of streams.
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| 46-212.01 | Department of Water Resources; powers; water data collection.
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| 46-212.02 | Department of Water Resources Cash Fund; created; use; investment.
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| 46-213 | Department of Water Resources; powers; measuring devices; gauge height reports; requirements; violation; penalty.
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| 46-214 | Repealed.
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| 46-215 | Water divisions; denomination.
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| 46-216 | Water division No.
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| 46-217 | Water division No.
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| 46-218 | Water divisions; division engineers.
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| 46-219 | Water divisions; division engineers; duties.
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| 46-220 | Repealed.
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| 46-221 | Repealed.
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| 46-222 | Repealed.
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| 46-223 | Repealed.
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| 46-224 | Repealed.
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| 46-225 | Repealed.
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| 46-226 | Determination of priority and amount of appropriation; duty of Department of Water Resources.
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| 46-226.01 | Application for recognition of incidental underground water storage; procedure.
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| 46-226.02 | Application; director; approval; conditions.
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| 46-226.03 | Terms, defined.
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| 46-227 | Water in streams; measurement; duty of Department of Water Resources.
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| 46-228 | Flowing water; standards of measurement.
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| 46-229 | Appropriations; beneficial or useful purpose required; termination; hearing.
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| 46-229.01 | Department of Water Resources; examine condition of ditches.
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| 46-229.02 | Adjudication of water rights; abandonment; notice; hearing; forfeiture; cancellation.
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| 46-229.03 | Adjudication of water rights; notice; contents; service.
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| 46-229.04 | Adjudication of water rights; hearing; decision; nonuse; considerations; consolidation of proceedings; when.
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| 46-229.05 | Adjudication of water rights; appeal.
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| 46-229.06 | Termination date December 31, 1996.
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| 46-230 | Adjudication of water rights; record; duty of landowner to furnish address; notice.
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| 46-231 | Amount and priority of appropriation; determination; limitation of amount; storage water.
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| 46-232 | Repealed.
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| 46-233 | Application to appropriate water; time of making; contents; procedure; priority date; notice; hearing; temporary permit.
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| 46-233.01 | Permit to appropriate water for use in another state; application; considerations; determination.
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| 46-233.02 | Appropriation of water for use in another state; laws governing; rights of appropriators.
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| 46-234 | Application for water; refusal; grounds; effect; necessity for consent; perfection of appropriation; time allowed.
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| 46-235 | Application for water; approval; date of priority; conditional or partial approval; hearing; director; powers and duties.
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| 46-235.01 | Public water supplier; appropriation for induced ground water recharge; hearing; evidence of beneficial use; priority date; vesting.
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| 46-235.02 | Public water supplier; payment of compensation; when.
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| 46-235.03 | Public water suppliers; natural resources districts; powers.
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| 46-235.04 | Induced ground water recharge appropriations; administration; transfer of priority dates; procedure.
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| 46-236 | Application for water power; lease from state required; fee; renewal; cancellation; grounds.
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| 46-237 | Map or plat; requirements; failure to furnish; effect.
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| 46-238 | Construction of project; time restrictions; failure to comply; forfeiture; extension of time for completion of work; appeal.
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| 46-239 | Repealed.
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| 46-240 | Additional appropriation; conditions; application procedure.
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| 46-240.01 | Supplemental additional appropriations; agricultural appropriators; application.
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| 46-241 | Application for water; storage reservoirs; facility for underground water storage; eminent domain; procedure; duties and liabilities of owner.
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| 46-242 | Use of stored water; permit; application; conditions; limitations; procedure.
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| 46-242.01 | Repealed.
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| 46-242.02 | Repealed.
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| 46-243 | Application for water; reservoir intended for raising water level.
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| 46-244 | Canals; declared works of internal improvement; laws applicable.
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| 46-245 | Irrigation canal, defined; laws applicable.
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| 46-246 | Ditches, dams, or similar works; construction; right of eminent domain.
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| 46-247 | Ditches, dams, or similar works; construction; eminent domain; procedure.
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| 46-248 | Right-of-way for irrigation laterals; condemnation; procedure.
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| 46-249 | Irrigation works constructed by authority of United States; right-of-way over public lands; grant; school lands excepted.
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| 46-250 | Places of diversion; storage sites; changes; procedure.
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| 46-251 | Irrigation works; use of state lands and highways; grant; right-of-way; condemnation.
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| 46-252 | Conducting of water into or along natural channels; withdrawal; permit, when required; liability.
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| 46-253 | Ditches; changing line; flow maintained; liability.
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| 46-254 | Interfering with waterworks; taking water without authority; penalty.
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| 46-255 | Ditches; construction through private property; bridges and gates.
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| 46-256 | Persons controlling canals or reservoirs; headgates and measuring devices; failure to construct; construction by Department of Water Resources.
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| 46-257 | Dam construction; submit plans; low-hazard dams; exception; violation; penalties.
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| 46-258 | Ditches; maintenance; outlets; headgates; duties of owner.
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| 46-259 | Running water in rivers and ravines; right to use.
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| 46-260 | Repealed.
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| 46-261 | Lands to be irrigated; appropriations transferred; information filed with Department of Water Resources; recording gauges; failure to install; effect.
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| 46-262 | Duties of persons taking water; noncompliance; liability.
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| 46-263 | Water; neglecting and preventing delivery; penalty.
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| 46-263.01 | Water; molesting or damaging measuring device; penalty.
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| 46-263.02 | Water; molesting or damaging measuring device; apprehension and conviction; reward.
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| 46-264 | Repealed.
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| 46-265 | Embankments; maintenance; return of unused water; duties of owner.
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| 46-266 | Irrigation water; overflow on roads; duty of owner to prevent; violation; penalty.
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| 46-267 | Irrigation works, ditches, canals, laterals; exempt from taxation.
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| 46-268 | Contract for use of water; record; rights of grantee unimpaired by foreclosure of liens.
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| 46-269 | Mutual irrigation companies; recognized; bylaws; when lawful.
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| 46-270 | Irrigation projects; how financed.
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| 46-271 | Corporations or associations; construction or operation of canals or reservoirs; assessments of stock; when authorized; how enforced.
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| 46-272 | Water users' associations organized under reclamation act of the United States; stock subscriptions; how recorded; fees.
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| 46-273 | Water; United States may furnish to individuals; conditions and requirements.
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| 46-274 | Repealed.
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| 46-275 | Repealed.
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| 46-276 | Repealed.
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| 46-277 | Dams; inspection; notice to repair; completion; powers and duties of Department of Water Resources; powers and duties of Director of Water Resources.
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| 46-278 | Dams; failure to repair; penalty.
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| 46-279 | Repealed.
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| 46-280 | Repealed.
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| 46-281 | Artesian water; waste prohibited.
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| 46-282 | Artesian water; waste; penalty.
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| 46-283 | Legislative findings.
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| 46-284 | Definitions, sections found.
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| 46-285 | Irrigation water reuse pit, defined.
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| 46-286 | Headwater segment of a natural stream, defined.
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| 46-287 | Irrigation water reuse pit; reusing ground water; exempt from certain provisions.
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| 46-288 | Interbasin transfers; terms, defined.
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| 46-289 | Legislative findings; interbasin transfers; application for water; factors considered; order issued.
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| 46-290 | Water appropriation; intrabasin transfer; application for approval.
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| 46-291 | Application for transfer; notice; contents.
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| 46-292 | Application for transfer; hearing.
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| 46-293 | Hearing; how conducted.
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| 46-294 | Application for transfer; approval; conditions; burden of proof.
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| 46-295 | Legislative findings.
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| 46-296 | Terms, defined.
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| 46-297 | Permit to appropriate water; modification to include underground water storage; procedure.
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| 46-298 | Repealed.
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| 46-299 | Permittee; authorized to levy a fee or assessment; limitation.
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| 46-2,100 | Fee or assessment; limitation.
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| 46-2,101 | Fee or assessment; application for approval; contents; fee schedule.
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| 46-2,102 | Fee or assessment; lien.
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| 46-2,103 | Injunction; when issued.
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| 46-2,104 | Director's order; not subject to collateral attack.
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| 46-2,105 | Appeal.
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| 46-2,106 | Use of underground stored water; authorized.
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| 46-2,107 | Legislative findings.
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| 46-2,108 | Instream appropriation, defined.
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| 46-2,109 | Streams with need for instream flows; identification; study.
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| 46-2,110 | Permit to appropriate water for instream flows; application; requirements.
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| 46-2,111 | Permit to appropriate water for instream flows; Director of Water Resources; powers and duties.
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| 46-2,112 | Permit to appropriate water for instream flows; hearing; when; notice; director; powers.
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| 46-2,113 | Director of Water Resources; modify appropriation or application; when.
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| 46-2,114 | Proposed instream appropriation; additional studies; notice of application.
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| 46-2,115 | Application for instream appropriation; approval; when.
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| 46-2,116 | Application for instream appropriation; public interest determination; factors.
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| 46-2,116.01 | Application for instream appropriation; use of stored water; study.
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| 46-2,116.02 | Instream appropriation; use of stored water; funding.
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| 46-2,117 | Contested case hearing; mediation or nonbinding arbitration required; when; costs.
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| 46-2,118 | Instream appropriation; limited to defined stream segment.
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| 46-2,119 | Instream appropriations; manner of administration.
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| 46-2,120 | District or company; notice to landowner; when required.
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| 46-2,121 | District or company; hold appropriation; sections; how construed.
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| 46-2,122 | District or company; application for transfer and map; filing requirements; approval; conditions.
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| 46-2,123 | Hearing on application and map.
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| 46-2,124 | District or company; notice prior to meeting; requirements.
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| 46-2,125 | Order granting application and map; contents; appeal.
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| 46-2,126 | Priority date.
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| 46-2,127 | District or company; transfer of appropriation for agricultural purposes; when.
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| 46-2,128 | District or company; transfer of appropriation for agricultural purposes; published notice; contents.
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| 46-2,129 | District or company; transfer of appropriation for agricultural purposes; hearing; notice; powers and duties; priority date.
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| 46-2,130 | Sections; how construed.
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