Nebraska Statutes 37-553. Fishway through dam; obligation of owner; commission; powers and duties; violation; penalty
(1) It shall be the duty of every person who owns or controls any dam or other obstruction across any watercourse within the jurisdiction of the state, where such impounded water is returned to the bed of the stream, to make such provision as may be necessary to ensure that sufficient water is returned at all times to the bed of the stream or river below such dam or obstruction as to preserve fish life in such stream. This section shall not apply under conditions of unusual circumstances resulting from natural causes which make the fulfillment impracticable. Every person owning or controlling such dam shall open and close gates or locks at a rate slow enough to protect the water below from a sudden flushing or sudden decrease in water flow which would be detrimental to the fish and their habitat.
Attorney's Note
Under the Nebraska Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class V misdemeanor | up to $100 |
Terms Used In Nebraska Statutes 37-553
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations. See Nebraska Statutes 49-801
- State: when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress. See Nebraska Statutes 49-801
(2) The commission shall have supervision over the enforcement of this section and shall investigate all complaints made under this section.
(3) Any person, firm, or corporation violating this section shall be guilty of a Class V misdemeanor.
Source
- Laws 1929, c. 112, IV, § 6, p. 423;
- C.S.1929, § 37-406;
- Laws 1941, c. 72, § 11, p. 306;
- C.S.Supp.,1941, § 37-406;
- Laws 1943, c. 93, § 1(1), p. 320;
- R.S.1943, § 37-406;
- R.S.1943, (1993), § 37-406;
- Laws 1998, LB 922, § 273.