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LeRoy Sievers, Agency Legal Counsel Nebraska Department of Natural Resources

Nebraska. October 13, 2011 Lincoln, Nebraska . LeRoy Sievers, Agency Legal Counsel Nebraska Department of Natural Resources. Today Briefly Covers. Laying of track for a surface water train Laying of track for a groundwater train

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LeRoy Sievers, Agency Legal Counsel Nebraska Department of Natural Resources

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  1. Nebraska October 13, 2011 Lincoln, Nebraska LeRoy Sievers, Agency Legal Counsel NebraskaDepartment of Natural Resources

  2. Today Briefly Covers Laying of track for a surface water train Laying of track for a groundwater train Laying of track that allows both trains to join together if cooperation is practiced Nebraska Water Law

  3. Background Nebraska Department of Natural Resources Nebraska Water Law

  4. Background 23 Nebraska Natural Resources Districts (NRDs) Nebraska Water Law

  5. Projects U.S. Bureau of Reclamation Republican River North Platte River Loup Rivers Niobrara River Bureau of Reclamation Major Dams, Power Plants, and Projects in Nebraska Nebraska Water Law

  6. Projects Private Central Nebraska Public Power and Irrigation District Nebraska Public Power District Nebraska Water Law

  7. Riparianism a) right to make use of the water b) not to the ownership of the water c) equal and correlative right to use the waters Nebraska Water Law

  8. Prior Appropriations- First in Time, First in Right arose from customs after gold was discovered in California Nebraska Water Law

  9. Characteristics • Priority Date • Rate of Diversion • Location of Diversion • Place of Use • Total Volume • Type of Use Irrigation Domestic Hydropower etc. Nebraska Water Law

  10. Preferences of Surface Water Rights Defined and Protected by the Nebraska Constitution Domestic Agricultural Manufacturing Nebraska Water Law

  11. Types of Surface Water Rights Domestic Agricultural Irrigation Manufacturing Power Generation Storage Rights Incidental and Intentional Underground Storage Rights Induced Groundwater Recharge Right Nebraska Water Law

  12. Types of Surface Water Rights 9. Instream Flows The Nebraska Game and Parks Commission or any Natural Resources District may file an application to appropriate water for instream uses 10. Conduct Water in a Stream Channel Nebraska Water Law

  13. Types of Surface Water Rights Storage Use Rights Above Ground Reservoir - Location of use - Contract with the owners of the reservoir Intentionally Stored Groundwater - Contract - Description of location and use Nebraska Water Law

  14. Application Process Separate application for new water appropriations If there is unappropriated water and the appropriation will not be detrimental to the public’s interest, the DNR must approve the application An approved application becomes perfected once the water is diverted and put to a beneficial use Notice of application will be posted Nebraska Water Law

  15. Administration Department of Natural Resources monitors natural flows and storage water in streams Nebraska Water Law

  16. Administration Department of Natural Resources operates - 70 continuous stream and reservoir gages - 94 canal and canal return flow gages - 42 sites spot measurements or observations - 12 other gages in cooperation with the U.S. Geological Survey Nebraska Water Law

  17. Types of Administrative Orders Regulatory Closing Opening Nebraska Water Law

  18. Transfer of Surface Water Use - Intrabasin - Interbasin Nebraska Water Law

  19. Statutory Foundation, Not Constitutional - Reasonable and Beneficial Use - Correlative Rights of other landowners when groundwater supply is insufficient for all users Nebraska Water Law

  20. Preferences for Groundwater Use Domestic Agricultural Manufacturing Nebraska Water Law

  21. Groundwater Uses Domestic Irrigation Industrial Municipal Rural Water Districts Nebraska Water Law

  22. Use of Groundwater New wells must be registered with DNR and local NRD Nebraska Water Law

  23. Use of Groundwater Replacement wells must have been registered, identified, and old well properly abandoned Nebraska Water Law

  24. Areas Closed to New Wells Nebraska Water Law

  25. Use Limitations Nebraska Water Law

  26. Transfer of Use - Regulated by the Natural Resources Districts - Restrictions varying from NRD to NRD - Variances Nebraska Water Law

  27. Nebraska Water Law

  28. LB 962 and Integrated Management Plans Nebraska Water Law

  29. LB 962 and Integrated Management Plans Natural Resources Districts working on Integrated Management Plans Nebraska Water Law

  30. LB 962 and Integrated Management Plans - Integrated Management Plans must be completed, adopted, and take effect within three years after fully or overappropriated designation - Extensions Nebraska Water Law

  31. LB 962 and Integrated Management Plans - Plan must have clear goals and objectives - The groundwater and surface water controls must be consistent with goals and objectives Nebraska Water Law

  32. LB 962 and Integrated Management Plans - If declared overappropriated plan must provide for incremental goals that address - Streamflow depletions to surface water - Water wells that are dependent upon streamflow recharge Nebraska Water Law

  33. Nebraska Water Law

  34. Thank You Questions Nebraska Water Law

  35. Nebraska Water Law

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