reglab/housing_qa huggingface dataset:
NE Code § 46-612.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-612.01 - Transferred to section 46-1127.

46-612.01.  Transferred to section 46-1127.
NE Code § 46-613 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-613 - Ground water; declaration of policy; preference in use.

46-613.  Ground water; declaration of policy; preference in use.Preference in the use of ground water shall be given to those using the water for domestic purposes. They shall have preference over those claiming it for any other purpose. Those using the water for agricultural purposes shall have the preference over those using the same for manufacturing or industrial purposes.As used in this section, (1) domestic use of ground water shall mean all uses of ground water required for human needs as it relates to health, fire control, and sanitation and shall include the use of ground water for domestic livestock as related to normal farm and ranch operations and (2) agricultural purposes shall include, but not be limited to, aquaculture as defined in section 2-3804.01.Source   Laws 1957, c. 199, § 1, p. 701;   Laws 1963, c. 279, § 1, p. 835;   Laws 1995, LB 871, § 4.  Annotations  Defendant liable in damages for withdrawal of irrigation ground water resulting in loss of artesian pressure in plaintiffs' adjacent domestic use wells. Prather v. Eisenmann, 200 Neb. 1, 261 N.W.2d 766 (1978). The use of ground water by a municipality for human needs is a public use. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
NE Code § 46-613.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-613.02 - Violation; penalty; false information; enforcement.

46-613.02.  Violation; penalty; false information; enforcement.Any person violating any provision of sections 46-601 to 46-613.01 or furnishing false information under such sections shall be guilty of a Class IV misdemeanor. Each day of a violation may be considered a separate offense. The Attorney General and the county attorneys may pursue appropriate proceedings pursuant to this section when notified by the Director of Natural Resources that such a violation has occurred.Source   Laws 1978, LB 688, § 1;   Laws 1984, LB 1060, § 2;   Laws 1993, LB 131, § 12;  Laws 2000, LB 900, § 175;  Laws 2004, LB 962, § 37.
NE Code § 46-635 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-635 - Ground water, defined.

46-635.  Ground water, defined.Ground water is that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.Source  Laws 1963, c. 274, § 1, p. 827. Annotations Ground water as defined herein does not include water artificially applied to the land. Peters v. Langrehr, 188 Neb. 480, 197 N.W.2d 698 (1972).
NE Code § 46-635.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-635.01 - Water well, defined.

46-635.01.  Water well, defined.For purposes of sections 46-636 and 46-637, water well shall have the same meaning as in section 46-601.01.Source  Laws 1993, LB 131, § 15.
NE Code § 46-636 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-636 - Pumping for irrigation purposes; Legislature; finding.

46-636.  Pumping for irrigation purposes; Legislature; finding.The Legislature finds that the pumping of water for irrigation purposes from water wells located within fifty feet of the bank of a channel of any natural stream may have a direct effect on the surface flow of such stream.Source   Laws 1963, c. 275, § 1, p. 828;   Laws 1993, LB 131, § 16;  Laws 2001, LB 667, § 7.  Cross References  For additional definitions, see section 46-706.
NE Code § 46-637 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-637 - Pumping for irrigation purposes; permit; application; approval by Director of Natural Resources.

46-637.  Pumping for irrigation purposes; permit; application; approval by Director of Natural Resources.The use of water described in section 46-636 may only be made after securing a permit from the Department of Natural Resources for such use. In approving or disapproving applications for such permits, the Director of Natural Resources shall take into account the effect that such pumping may have on the amount of water in the stream and its ability to meet the requirements of appropriators from the stream. This section does not apply to (1) water wells located within fifty feet of the bank of a channel of any natural stream which were in existence on July 1, 2000, and (2) replacement water wells as defined in section 46-602 that are located within fifty feet of the banks of a channel of a stream if the water wells being replaced were originally constructed prior to July 1, 2000, and were located within fifty feet of the bank of a channel of any natural stream.Source   Laws 1963, c. 275, § 2, p. 828;   Laws 1993, LB 131, § 17;   Laws 1997, LB 30, § 3;   Laws 1997, LB 752, § 121;  Laws 2000, LB 900, § 176;  Laws 2001, LB 667, § 8;  Laws 2013, LB102, § 2. Cross References   Exemption for reusing ground water from reuse pit, see section 46-287.  For additional definitions, see section 46-706.
NE Code § 46-638 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-638 - Terms, defined; permits to public water suppliers; director; powers.

46-638.  Terms, defined; permits to public water suppliers; director; powers.(1) The Director of Natural Resources may grant and administer permits to public water suppliers: (a) To locate, develop, and maintain ground water supplies through water wells or other means and to transport water into the area to be served; and (b) to continue existing use of ground water and the transportation of ground water into the area served.(2) For purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act and sections 46-651 to 46-655, (a) public water supplier shall mean a city, village, municipal corporation, metropolitan utilities district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary and improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes and (b) water well shall have the same meaning as in section 46-601.01.Source   Laws 1963, c. 276, § 1, p. 829;   Laws 1980, LB 643, § 2;   Laws 1993, LB 131, § 18;  Laws 2000, LB 900, § 177.  Cross References  For additional definitions, see section 46-706.Annotations  Permittees under the Municipal and Rural Domestic Ground Water Transfers Permit Act are exonerated from the common-law prohibition against transfer and transportation of ground water. Sorensen v. Lower Niobrara Nat. Resources Dist., 221 Neb. 180, 376 N.W.2d 539 (1985). Director of Water Resources is authorized to grant and administer permits to cities and villages to develop ground water supplies. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
NE Code § 46-639 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-639 - Application for permit; contents; fee.

46-639.  Application for permit; contents; fee.An applicant which desires to avail itself of the Municipal and Rural Domestic Ground Water Transfers Permit Act shall make application in writing to the Director of Natural Resources for a permit. The application shall include (1) a statement of the amount of water for which a permit is desired together with an exhibit of maps showing the location of all water wells and (2) such other information as the director deems necessary or desirable. The application shall be accompanied by a fee in the amount of fifty dollars for the first five million gallons per day and an additional twenty dollars for each additional increment of five million gallons per day requested. The fee shall be based on the amounts of water requested on a daily average basis.Source   Laws 1963, c. 276, § 2, p. 829;   Laws 1993, LB 131, § 19;  Laws 2000, LB 900, § 178.  Annotations Preference in the use of ground water is given to domestic use. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
NE Code § 46-640 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-640 - Notice of application; publication; objections; hearing.

46-640.  Notice of application; publication; objections; hearing.Upon receipt of an application filed under section 46-639, the Director of Natural Resources shall cause a notice of such application to be published at the applicant's expense at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in each county containing lands on which the water well field or any part of such water well field is or is proposed to be located. The notice shall contain a description of the lands upon which such water well field is or is proposed to be located, the amount of water requested, the number of water wells constructed or proposed, and any other relevant information. The notice shall state that any interested person may object to and request a hearing on the application by filing written objections specifically stating the grounds for each objection within two weeks after the date of final publication in the office of the director.Source   Laws 1963, c. 276, § 3, p. 829;   Laws 1986, LB 960, § 33;   Laws 1987, LB 140, § 12;   Laws 1991, LB 278, § 3;   Laws 1993, LB 131, § 20;  Laws 2000, LB 900, § 179.
NE Code § 46-641 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-641 - Application; hearing, when.

46-641.  Application; hearing, when.The Department of Natural Resources may hold a hearing on an application filed under section 46-639 on its own motion and shall hold a hearing on such an application if requested by any person pursuant to section 46-640.Source   Laws 1963, c. 276, § 4, p. 830;   Laws 1987, LB 140, § 13;  Laws 2000, LB 900, § 180.
NE Code § 46-642 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-642 - Granting of permit; conditions; priority date.

46-642.  Granting of permit; conditions; priority date.(1) If the Director of Natural Resources finds that the withdrawal and transportation of ground water requested by the applicant are reasonable, are not contrary to the conservation and beneficial use of ground water, and are not otherwise detrimental to the public welfare, he or she shall grant a permit to the applicant to withdraw and transport water in the amount applied for or in a lesser amount. The permit so granted shall have a priority date as of the time when the application is filed with the director.(2) In determining whether to grant or deny a permit under subsection (1) of this section, the director shall consider the factors set forth in subdivisions (1) through (7) of section 46-613.01.Source   Laws 1963, c. 276, § 5, p. 830;   Laws 1967, c. 284, § 1, p. 772;   Laws 1987, LB 140, § 14;  Laws 2000, LB 900, § 181;  Laws 2003, LB 619, § 8.
NE Code § 46-644 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-644 - Permits; duration; revocation; procedure.

46-644.  Permits; duration; revocation; procedure.Permits granted by the Director of Natural Resources shall be valid for a period of five years after the granting of a permit and as long thereafter as the water for which the permit is granted is used. For the purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act, the commencement of construction of facilities to provide water for beneficial use shall be deemed the date of the commencement of beneficial use. If it appears that the holder of a permit granted under the act has not used water for a beneficial purpose and in accordance with the terms of the permit for more than five years, such permit may be revoked or modified by the director. The procedure for such revocation or modification shall be the same as that provided for in sections 46-229.02 to 46-229.05.Source   Laws 1963, c. 276, § 7, p. 831;  Laws 2000, LB 900, § 182;  Laws 2007, LB701, § 20.
NE Code § 46-645 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-645 - Recharging ground water reservoirs; permits.

46-645.  Recharging ground water reservoirs; permits.The Director of Natural Resources may grant to any public water supplier permits to store excess, unused, and unappropriated water for recharging ground water reservoirs. The procedure to be followed in granting permits to utilize excess, unused, and unappropriated water for recharging ground water reservoirs shall, so far as applicable, be the same as that required for granting permits for the use of ground water as provided in the Municipal and Rural Domestic Ground Water Transfers Permit Act.Source   Laws 1963, c. 276, § 8, p. 831;   Laws 1980, LB 643, § 3;  Laws 2000, LB 900, § 183.
NE Code § 46-646 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-646 - Orders or decisions; review.

46-646.  Orders or decisions; review.Any person who feels aggrieved by any order or decision in connection with the granting or denial, in whole or in part, of an application for a permit or in connection with the revocation or modification of a permit may institute proceedings in the Court of Appeals in the manner provided for in section 61-207.Source   Laws 1963, c. 276, § 9, p. 831;   Laws 1991, LB 732, § 109;  Laws 2000, LB 900, § 184.
NE Code § 46-647 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-647 - Right to recover damages; power of eminent domain; not limited.

46-647.  Right to recover damages; power of eminent domain; not limited.Nothing in sections 46-638 to 46-650 shall be construed as limiting any right of an owner of an estate or interest in or concerning land to recover damage for any injury done to his or her land or to any water rights appurtenant thereto; nor shall sections 46-638 to 46-650 limit rights of condemnation which public water suppliers have under the laws of the State of Nebraska.Source   Laws 1963, c. 276, § 10, p. 831;   Laws 1980, LB 643, § 4.  Annotations  This section supplies a remedy of compensatory damages for a permittee's injury to another's land or water rights in contrast with injunctive relief available under common law. Sorensen v. Lower Niobrara Nat. Resources Dist., 221 Neb. 180, 376 N.W.2d 539 (1985). Remedy in damages is given to landowners injured by granting of permit to use ground waters. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
NE Code § 46-648 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-648 - Permittee; preference in use of ground water.

46-648.  Permittee; preference in use of ground water.The use of ground water pursuant to a permit granted by the Director of Natural Resources under the Municipal and Rural Domestic Ground Water Transfers Permit Act shall be subject to and governed by section 46-613.Source   Laws 1963, c. 276, § 11, p. 832;  Laws 2000, LB 900, § 185.  Annotations Use of ground water pursuant to a permit is governed by section 46-613. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
NE Code § 46-649 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-649 - Director of Natural Resources; rules and regulations.

46-649.  Director of Natural Resources; rules and regulations.The Director of Natural Resources may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Municipal and Rural Domestic Ground Water Transfers Permit Act.Source   Laws 1963, c. 276, § 12, p. 832;  Laws 2000, LB 900, § 186.
NE Code § 46-650 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-650 - Act, how cited.

46-650.  Act, how cited.Sections 46-638 to 46-650 shall be known and cited as the Municipal and Rural Domestic Ground Water Transfers Permit Act.Source   Laws 1963, c. 276, § 14, p. 832;   Laws 1980, LB 643, § 5.  Annotations A rural water district is not a municipal corporation within the purview of the City, Village and Municipal Corporation Ground Water Permit Act (now the Municipal and Rural Domestic Ground Water Transfers Permit Act). McDowell v. Rural Water District No. 2, 204 Neb. 401, 282 N.W.2d 594 (1979).
NE Code § 46-651 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-651 - Spacing of water wells; distance.

46-651.  Spacing of water wells; distance.(1) Except as provided in section 46-653 or 46-654, (a) no irrigation or industrial water well or water well of any other public water supplier shall be drilled within one thousand feet of any registered water well of any public water supplier, (b) no water well of any such public water supplier shall be drilled within one thousand feet of any registered irrigation or industrial water well, (c) no irrigation water well shall be drilled within one thousand feet of a registered industrial water well, and (d) no industrial water well shall be drilled within one thousand feet of a registered irrigation or industrial water well. Such prohibitions shall not apply to water wells owned by the same person.(2) An existing water well for which a change in the intended use is proposed shall be subject to any spacing requirement in subsection (1) of this section that would apply to the drilling of a new water well at the same location for the new use intended.(3) The well-spacing protection of subsections (1) and (2) of this section shall apply to an unregistered water well for a period of only sixty days following completion of such water well.(4) The spacing requirements in subsection (1) of this section shall not apply to any replacement water well if that water well is drilled within fifty feet of the water well being replaced and if the water well being replaced was drilled prior to July 16, 2004, was in compliance with any applicable spacing statute when drilled, and is less than one thousand feet from the registered water well for which spacing protection is provided.Source   Laws 1965, c. 270, § 1, p. 771;   Laws 1979, LB 201, § 1;   Laws 1980, LB 643, § 6;   Laws 1981, LB 246, § 2;   Laws 1993, LB 131, § 21;  Laws 2004, LB 962, § 38.  Cross References  For definitions, see sections 46-638 and 46-706.
NE Code § 46-653 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-653 - Spacing of water wells; special permit; application; contents; fee.

46-653.  Spacing of water wells; special permit; application; contents; fee.Any person may apply to the Director of Natural Resources for a special permit to drill or to change the intended use of a water well without regard to the spacing requirements of section 46-651. Such application shall be on a form prescribed and furnished by the director and shall contain a statement of the precise location of the water well or proposed water well, facts justifying the request for such special permit, the size or proposed size of such water well, expressed in gallons per minute, to the extent that capacity is susceptible of advance determination, and, if applicable, the name of the person who is actually going to drill the water well. A separate application shall be submitted for each water well for which a special permit is sought, and each application shall be accompanied by a fee of twelve dollars and fifty cents which shall be remitted to the State Treasurer for credit to the General Fund. When considering the approval or rejection of any such application, the director shall consider the facts offered as justification of the need for the special permit, the known ground water supply, and such other pertinent information as may be available. Such application may be approved or disapproved in whole or in part and the special permit issued or refused accordingly.Source   Laws 1965, c. 270, § 3, p. 771;   Laws 1993, LB 131, § 22;  Laws 2000, LB 900, § 187;  Laws 2004, LB 962, § 39.
NE Code § 46-654 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-654 - Public water supplier; protections applicable; procedure.

46-654.  Public water supplier; protections applicable; procedure.(1) Any public water supplier having a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act is hereby granted the protection of sections 46-651 to 46-655 for all water wells for which a permit has been or in the future is granted by the Department of Natural Resources under such act.(2) If in its application for a permit pursuant to such act a public water supplier requests the protection of the spacing requirements of section 46-651 for test holes and water wells under construction and if the permit is granted, the Director of Natural Resources shall identify in the permit the area to which the spacing protection will apply and the spacing protection of section 46-651 shall then apply to such area for a period of one year from the date the permit is granted. The director shall notify, by certified or registered mail, owners and occupiers of land affected by the granting of such spacing protection, according to information supplied by the applicant. Costs of providing such notice shall be borne by the applicant. Owners or occupiers of land not receiving the notice required by this subsection shall not be bound by the spacing requirements until the applicant's water wells are completed. Such protection may be extended by the director, by a similar procedure, upon application by the public water supplier and good cause shown, for additional one-year periods.Source   Laws 1965, c. 270, § 4, p. 772;   Laws 1980, LB 643, § 8;   Laws 1987, LB 93, § 14;   Laws 1993, LB 131, § 23;  Laws 2000, LB 900, § 188.  Cross References  Municipal and Rural Domestic Ground Water Transfers Permit Act, see section 46-650.
NE Code § 46-655 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-655 - Violations; injunction.

46-655.  Violations; injunction.Any violation of the provisions of sections 46-651 to 46-655 may be enjoined in an action brought in the district court of the county in which such violation or any attempted or threatened violation occurs.Source  Laws 1965, c. 270, § 5, p. 772.
NE Code § 46-656 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656 - Transferred to section 46-656.02.

46-656.  Transferred to section 46-656.02.
NE Code § 46-656.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.01 - Transferred to section 46-701.

46-656.01.  Transferred to section 46-701.
NE Code § 46-656.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.02 - Transferred to section 46-702.

46-656.02.  Transferred to section 46-702.
NE Code § 46-656.03 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.03 - Transferred to section 46-704.

46-656.03.  Transferred to section 46-704.
NE Code § 46-656.04 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.04 - Transferred to section 46-705.

46-656.04.  Transferred to section 46-705.
NE Code § 46-656.05 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.05 - Transferred to section 46-703.

46-656.05.  Transferred to section 46-703.
NE Code § 46-656.07 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.07 - Transferred to section 46-706.

46-656.07.  Transferred to section 46-706.
NE Code § 46-656.08 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-656.08 - Transferred to section 46-707.

46-656.08.  Transferred to section 46-707.