reglab/housing_qa huggingface dataset:
NE Code § 46-736 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-736 - Permit; when denied; corrections allowed; fees nonrefundable.

46-736.  Permit; when denied; corrections allowed; fees nonrefundable.An application for a permit or late permit for a water well in a management area shall be denied only if the district in which the water well is to be located finds (1) that the location or operation of the proposed water well or other work would conflict with any regulations or controls adopted by the district, (2) that the proposed use would not be a beneficial use of water, or (3) in the case of a late permit only, that the applicant did not act in good faith in failing to obtain a timely permit.If the district finds that the application is incomplete or defective, it shall return the application for correction. If the correction is not made within sixty days, the application shall be canceled. All permits shall be issued with or without conditions attached or denied not later than thirty days after receipt by the district of a complete and properly prepared application.A permit issued shall specify all regulations and controls adopted by a district relevant to the construction or utilization of the proposed water well. No refund of any application fees shall be made regardless of whether the permit is issued, canceled, or denied. The district shall transmit one copy of each permit issued to the Director of Natural Resources.Source   Laws 1975, LB 577, § 5;   Laws 1980, LB 643, § 11;   Laws 1982, LB 375, § 17;   Laws 1983, LB 23, § 4;   Laws 1984, LB 1071, § 4;   Laws 1993, LB 131, § 26;   R.S.1943, (1993), § 46-660;   Laws 1996, LB 108, § 36;  Laws 2000, LB 900, § 198;  Laws 2003, LB 35, § 1;   R.S.Supp.,2003, § 46-656.30;  Laws 2004, LB 962, § 76.
NE Code § 46-737 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-737 - Issuance of permit; no right to violate rules, regulations, or controls.

46-737.  Issuance of permit; no right to violate rules, regulations, or controls.The issuance by the district of a permit pursuant to section 46-736 or registration of a water well by the Director of Natural Resources pursuant to section 46-602 shall not vest in any person the right to violate any district rule, regulation, or control in effect on the date of issuance of the permit or the registration of the water well or to violate any rule, regulation, or control properly adopted after such date.Source   Laws 1975, LB 577, § 6;   Laws 1983, LB 23, § 5;   Laws 1984, LB 1071, § 5;   Laws 1993, LB 131, § 27;   R.S.1943, (1993), § 46-661;   Laws 1996, LB 108, § 37;  Laws 2000, LB 900, § 199;   R.S.Supp.,2002, § 46-656.31;  Laws 2004, LB 962, § 77.
NE Code § 46-738 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-738 - Issuance of permit; commence construction and complete water well within one year; failure; effect.

46-738.  Issuance of permit; commence construction and complete water well within one year; failure; effect.When any permit is approved pursuant to section 46-736, the applicant shall commence construction as soon as possible after the date of approval and shall complete the construction and equip the water well prior to the date specified in the conditions of approval, which date shall be not more than one year after the date of approval, unless it is clearly demonstrated in the application that one year is an insufficient period of time for such construction. If the applicant fails to complete the project under the terms of the permit, the district may withdraw the permit.Source   Laws 1975, LB 577, § 7;   Laws 1983, LB 23, § 6;   Laws 1993, LB 131, § 28;   R.S.1943, (1993), § 46-662;   Laws 1996, LB 108, § 38;   R.S.1943, (1998), § 46-656.32;  Laws 2004, LB 962, § 78.
NE Code § 46-739.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-739.02 - Transfer of right to use ground water; recording; recovery of cost; manner.

46-739.02.  Transfer of right to use ground water; recording; recovery of cost; manner.An instrument of transfer of the right to use ground water shall be recorded by a natural resources district with the register of deeds in each county in which is situated the real estate, or any part thereof, from which a transfer of certified water uses or certified irrigated acres occurred, in any case in which a transfer of certified water uses or certified irrigated acres has been approved by such district. The instrument of transfer of the right to use ground water shall include a description of the real estate to and from which the certified water uses or certified irrigated acres were transferred, the nature of the transfer, and the date on which the transfer occurred. The district may recover the cost of filing an instrument of transfer of the right to use ground water from the person seeking the transfer. The instrument of transfer of the right to use ground water shall be executed, acknowledged, and recorded in the same manner as conveyances of real estate.Source Laws 2009, LB477, § 8.
NE Code § 46-739.03 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-739.03 - Natural resources district determination; effect.

46-739.03.  Natural resources district determination; effect.The determination of certified water uses or certified irrigated acres by a natural resources district shall not affect the allocations of ground water established under section 46-740.Source Laws 2009, LB477, § 9.
NE Code § 46-741 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-741 - District; review controls.

46-741.  District; review controls.A district may review any allocation, rotation, or reduction control imposed in a management area and shall adjust allocations, rotations, or reductions to accommodate new or additional uses or otherwise reflect findings of such review, consistent with the ground water management objectives. Such review shall consider new development or additional ground water uses within the area, more accurate data or information that was not available at the time of the allocation, rotation, or reduction order, the availability of supplemental water supplies, any changes in ground water recharge, and such other factors as the district deems appropriate.Source   Laws 1982, LB 375, § 13;   Laws 1993, LB 439, § 4;   R.S.1943, (1993), § 46-673.11;   Laws 1996, LB 108, § 33;  Laws 2001, LB 135, § 4;   R.S.Supp.,2002, § 46-656.27;  Laws 2004, LB 962, § 81.
NE Code § 46-742 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-742 - Transport of ground water; prohibited; when.

46-742.  Transport of ground water; prohibited; when.(1) Whenever the drilling of new wells has been stayed pursuant to section 46-714, ground water withdrawn outside the affected area shall not be transported for use inside such area unless (a) such withdrawal and transport began before the stay took effect, (b) the water is used solely for domestic purposes, or (c) such withdrawal and transport is approved in advance by the district in which the stay is in effect and, if the water is withdrawn in another natural resources district, by the other district.(2) Whenever a natural resources district pursuant to subdivision (1)(m) of section 46-739 has closed all or part of the district to the issuance of additional well permits, ground water withdrawn outside the affected area shall not be transported for use inside such area unless (a) such withdrawal and transport began before the affected area was closed to the issuance of additional well permits, (b) the water is used solely for domestic purposes, or (c) such withdrawal and transport is approved in advance by the district that closed the affected area to additional well permits and, if the water is withdrawn in another natural resources district, by the other district.(3) If a proposed withdrawal and transport of water under subsection (1) or (2) of this section is intended for municipal purposes, the natural resources district shall approve the withdrawal and transport of ground water into the affected area when a public water supplier providing water for municipal purposes receives a permit from the Department of Natural Resources pursuant to the Municipal and Rural Domestic Ground Water Transfers Permit Act.Source  Laws 2003, LB 619, § 11;   R.S.Supp.,2003, § 46-656.24;  Laws 2004, LB 962, § 82.  Cross References  Municipal and Rural Domestic Ground Water Transfers Permit Act, see section 46-650.
NE Code § 46-743 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-743 - Public hearing; requirements.

46-743.  Public hearing; requirements.Any public hearing required under the Nebraska Ground Water Management and Protection Act shall comply with the following requirements:(1) The hearing shall be located within or in reasonable proximity to the area proposed for designation as a management area or affected by the proposed rule or regulation;(2) Notice of the hearing shall be published in a newspaper published or of general circulation in the affected area at least once each week for three consecutive weeks, the last publication of which shall be not less than seven days prior to the hearing;(3) As to the designation of a management area, adoption or amendment of an action plan or integrated management plan, or adoption or amendment of controls, the notice shall provide, as applicable, a general description of (a) the contents of the plan, (b) the geographic area which will be considered for inclusion in the management area, and (c) a general description of all controls proposed for adoption or amendment and shall identify all locations where a copy of the full text of the proposed plan or controls may be obtained;(4) For all other rules and regulations, the notice shall provide a general description of the contents of the rules and regulations proposed for adoption or amendment and shall identify all locations where a copy of the full text of the proposed rules and regulations may be obtained;(5) The full text of all controls, rules, or regulations shall be available to the public upon request not later than the date of first publication;(6) All interested persons shall be allowed to appear and present testimony; and(7) The hearing shall include testimony of a representative of the Department of Natural Resources and, if the primary purpose of the proposed management area is protection of water quality, testimony of a representative of the Department of Environment and Energy and shall include the results of any relevant water quality studies or investigations conducted by the district.Source  Laws 2004, LB 962, § 83;  Laws 2019, LB302, § 42.
NE Code § 46-744 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-744 - Order; publication; effective; when.

46-744.  Order; publication; effective; when.Any order adopted pursuant to section 46-712, 46-718, 46-719, 46-725, or 46-726 shall be published once each week for three consecutive weeks in a local newspaper published or of general circulation in the area involved, the last publication of which shall be not less than seven days prior to the date set for the effective date of the order. The publication shall provide a general description of the text of all controls adopted or amended and shall identify all locations where a copy of the full text of the proposed controls may be obtained. The full text of all controls adopted shall be available to the public upon request at least thirty days prior to the effective date of the controls.Such order shall become effective on the date specified by the adopting district, department, or board, as applicable.Source   Laws 1982, LB 375, § 9;   Laws 1986, LB 894, § 29;   R.S.1943, (1993), § 46-673.07;   Laws 1996, LB 108, § 27;   Laws 1997, LB 188, § 2;   R.S.1943, (1998), § 46-656.21;  Laws 2004, LB 962, § 84.
NE Code § 46-746 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-746 - Violations; civil penalty.

46-746.  Violations; civil penalty.(1) Any person who violates any cease and desist order issued by a district pursuant to section 46-707 or any controls, rules, or regulations adopted by a natural resources district relating to a management area shall be subject to the imposition of penalties imposed through the controls adopted by the district, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part. Before a district takes any action, notice and hearing shall be provided to such person.(2) Any person who violates any of the provisions of sections 46-721 to 46-733 for which a penalty is not otherwise provided, other than the requirements imposed on a district, the Director of Natural Resources, or the Department of Natural Resources, shall be subject to a civil penalty of not more than five hundred dollars. Each day of continued violation shall constitute a separate offense.Source   Laws 1986, LB 894, § 16;   R.S.1943, (1993), § 46-674.17;   Laws 1996, LB 108, § 69;  Laws 2000, LB 900, § 216;   R.S.Supp.,2002, § 46-656.63;  Laws 2004, LB 962, § 86.  Annotations  A natural resources district may enforce a ground water user's obligations by imposing penalties, including, but not limited to, having any allocation of water granted or irrigated acres certified by the district reduced in whole or in part by utilizing the procedure adopted in the rules and regulations of the natural resources district. It is unnecessary for a natural resources district to promulgate rules and regulations restating the potential penalty of restricting a violator's ground water access. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019). The Ground Water Management and Protection Act does not limit the possibility of judicial review of the determination of penalties, and such review is conducted de novo. Prokop v. Lower Loup NRD, 302 Neb. 10, 921 N.W.2d 375 (2019).
NE Code § 46-747 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-747 - Hearings; subject to review.

46-747.  Hearings; subject to review.All hearings conducted pursuant to the Nebraska Ground Water Management and Protection Act shall be of record and available for review.Source   Laws 1975, LB 577, § 13;   Laws 1984, LB 1071, § 10;   R.S.1943, (1993), § 46-668;   Laws 1996, LB 108, § 70;   R.S.1943, (1998), § 46-656.64;  Laws 2004, LB 962, § 87.
NE Code § 46-748 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-748 - Rules and regulations.

46-748.  Rules and regulations.The Director of Natural Resources shall adopt and promulgate, in accordance with the Administrative Procedure Act, such rules and regulations as are necessary to the discharge of duties assigned to the director or the Department of Natural Resources by the Nebraska Ground Water Management and Protection Act.Source   Laws 1996, LB 108, § 68;  Laws 2000, LB 900, § 215;   R.S.Supp.,2002, § 46-656.62;  Laws 2004, LB 962, § 88.  Cross References  Administrative Procedure Act, see section 84-920.
NE Code § 46-749 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-749 - Administration of act; compliance with other laws.

46-749.  Administration of act; compliance with other laws.In the administration of the Nebraska Ground Water Management and Protection Act, all actions of the Director of Environment and Energy, the Director of Natural Resources, and the districts shall be consistent with the provisions of section 46-613.Source   Laws 1975, LB 577, § 16;   Laws 1984, LB 1071, § 13;   R.S.1943, (1993), § 46-671;   Laws 1996, LB 108, § 71;  Laws 2000, LB 900, § 217;   R.S.Supp.,2002, § 46-656.65;  Laws 2004, LB 962, § 89;  Laws 2019, LB302, § 43.
NE Code § 46-750 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-750 - Appeal; procedure.

46-750.  Appeal; procedure.Any person aggrieved by any order of the district, the Director of Environment and Energy, or the Director of Natural Resources issued pursuant to the Nebraska Ground Water Management and Protection Act may appeal the order. The appeal shall be in accordance with the Administrative Procedure Act.Source   Laws 1975, LB 577, § 14;   Laws 1984, LB 1071, § 11;   Laws 1988, LB 352, § 78;   R.S.1943, (1993), § 46-669;   Laws 1996, LB 108, § 72;  Laws 2000, LB 900, § 218;   R.S.Supp.,2002, § 46-656.66;  Laws 2004, LB 962, § 90;  Laws 2019, LB302, § 44.  Cross References  Administrative Procedure Act, see section 84-920.Annotations  In a review de novo on the record, a district court is not limited to a review subject to the narrow criteria found in section 84-917(6)(a), but is required to make independent factual determinations based upon the record and reach its own independent conclusions with respect to the matters at issue. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017). Upon an appeal from an order of a natural resources district, a district court reviews the natural resources district's decision de novo on the record of the natural resources district. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017). Where a natural resources district held a hearing and received formal proof regarding the merits of a request for a variance, its order denying the variance request was judicial in nature and was appealable to the district court. Medicine Creek v. Middle Republican NRD, 296 Neb. 1, 892 N.W.2d 74 (2017).
NE Code § 46-751 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-751 - Ground Water Management Fund; created; use; investment.

46-751.  Ground Water Management Fund; created; use; investment.All fees paid to the Director of Natural Resources pursuant to the Nebraska Ground Water Management and Protection Act shall be remitted to the State Treasurer for credit to the Ground Water Management Fund which is hereby created and which shall be administered by the director. Any money credited to the fund may be utilized by the director for payments of expenses incurred in the administration of the act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.Source   Laws 1975, LB 577, § 15;   Laws 1984, LB 1071, § 12;   Laws 1995, LB 7, § 42;   R.S.Supp.,1995, § 46-670;   Laws 1996, LB 108, § 39;  Laws 2000, LB 900, § 200;   R.S.Supp.,2002, § 46-656.33;  Laws 2004, LB 962, § 91.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 46-753 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-753 - Water Resources Trust Fund; created; use; investment; matching funds required; when.

46-753.  Water Resources Trust Fund; created; use; investment; matching funds required; when.(1) The Water Resources Trust Fund is created. The State Treasurer shall credit to the fund such money as is specifically appropriated thereto by the Legislature, transfers authorized by the Legislature, and such funds, fees, donations, gifts, or bequests received by the Department of Natural Resources from any federal, state, public, or private source for expenditure for the purposes described in the Nebraska Ground Water Management and Protection Act. Money in the fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any fiscal year or biennium. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(2) The fund shall be administered by the department. The department may adopt and promulgate rules and regulations regarding the allocation and expenditure of money from the fund.(3) Money in the fund may be expended by the department for costs incurred by the department, by natural resources districts, or by other political subdivisions in (a) determining whether river basins, subbasins, or reaches are fully appropriated in accordance with section 46-713, (b) developing or implementing integrated management plans for such fully appropriated river basins, subbasins, or reaches or for river basins, subbasins, or reaches designated as overappropriated in accordance with section 46-713, (c) developing or implementing integrated management plans in river basins, subbasins, or reaches which have not yet become either fully appropriated or overappropriated, or (d) attaining state compliance with an interstate water compact or decree or other formal state contract or agreement.(4) Except for funds paid to a political subdivision for forgoing or reducing its own water use or for implementing projects or programs intended to aid the state in complying with an interstate water compact or decree or other formal state contract or agreement, a political subdivision that receives funds from the fund shall provide, or cause to be provided, matching funds in an amount at least equal to twenty percent of the amount received from the fund by that natural resources district or political subdivision. The department shall monitor programs and activities funded by the fund to ensure that the required match is being provided.Source  Laws 2004, LB 962, § 93;  Laws 2010, LB1057, § 4;  Laws 2011, LB2, § 3;  Laws 2019, LB319, § 2.  Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 46-754 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-754 - Interrelated Water Management Plan Program; created; grants; commission; duties; use.

46-754.  Interrelated Water Management Plan Program; created; grants; commission; duties; use.The Interrelated Water Management Plan Program is created for the purpose of facilitating and funding the duties of districts arising under the Nebraska Ground Water Management and Protection Act. The program shall function as a grant program administered by the Nebraska Natural Resources Commission and the Department of Natural Resources upon recommendations of the commission using funds appropriated for the program. The commission shall develop guidelines and limitations for grant requests for funding such district's duties, including studies required to carry out those duties. Grant requests shall be made to the commission for review in a manner and form prescribed by the commission. The amounts requested and approved shall be supported by a minimum local revenue match comprising twenty percent of the total project cost. The Director of Natural Resources shall expend funds to implement the commission's recommendations for fiscal support under the program only upon the commission's approval.Source Laws 2006, LB 1226, § 20.
NE Code § 46-756 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-756 - Ground water augmentation project; public hearing; notice.

46-756.  Ground water augmentation project; public hearing; notice.On and after April 17, 2014, a board shall not vote to enter into a ground water augmentation project without conducting a public hearing on the project, with notice of the hearing given as provided in section 46-743.Source Laws 2014, LB1098, § 16.