reglab/housing_qa huggingface dataset:
NE Code § 46-681 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-681 - Public hearing; evidence presented.

46-681.  Public hearing; evidence presented.At the hearing provided for in section 46-680, the applicant shall present all hydrological data and other evidence supporting its application. All interested parties shall be allowed to testify and present evidence relative to the application.Source  Laws 1981, LB 56, § 7.
NE Code § 46-682 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-682 - Applicant; agreement with other water users; filing.

46-682.  Applicant; agreement with other water users; filing.The applicant may negotiate with any user of water in order to obtain an agreement whereby the user waives any cause of action against the applicant for damages or injunctive or other relief for interference with such water use, in exchange for financial payment, substitute water, or other compensation. The applicant shall file copies of any such agreements with the director who shall consider the agreements in determining whether to grant or deny a permit. Nothing in this section shall be construed to limit any power of eminent domain possessed by an applicant.Source  Laws 1981, LB 56, § 8.
NE Code § 46-683 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-683 - Permit; issuance; consideration; conditions.

46-683.  Permit; issuance; consideration; conditions.(1) The director shall issue a written order containing specific findings of fact either granting or denying a permit. The director shall grant a permit only if he or she finds that the applicant's withdrawal and any transfer of ground water are in the public interest. In determining whether the withdrawal and transfer, if any, are in the public interest, the director's considerations shall include, but not be limited to:(a) Possible adverse effects on existing surface or ground water users;(b) The effect of the withdrawal and any transfer of ground water on surface or ground water supplies needed to meet reasonably anticipated domestic and agricultural demands in the area of the proposed ground water withdrawal;(c) The availability of alternative sources of surface or ground water reasonably accessible to the applicant in or near the region of the proposed withdrawal or use;(d) The economic benefit of the applicant's proposed use;(e) The social and economic benefits of existing uses of surface or ground water in the area of the applicant's proposed use and any transfer;(f) Any waivers of liability from existing users filed with the director;(g) The effects on interstate compacts or decrees and the fulfillment of the provisions of any other state contract or agreement; and(h) Other factors reasonably affecting the equity of granting the permit.(2) The director may grant a permit for less water than requested by the applicant. The director may also impose reasonable conditions on the manner and timing of the ground water withdrawals and on the manner of any transfer of ground water which the director deems necessary to protect existing users of water. If a hearing is held, the director shall issue such written order within ninety days of the hearing.Source   Laws 1981, LB 56, § 9;  Laws 2003, LB 619, § 13;  Laws 2006, LB 1226, § 17.
NE Code § 46-683.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-683.01 - Permit; application to amend; procedures; limitation.

46-683.01.  Permit; application to amend; procedures; limitation.If during construction or operation a permitholder determines (1) that an additional amount of water is or will be required for the proposed use set forth in a permit issued pursuant to section 46-683 or (2) that there is a need to amend any condition set forth in the permit, the permitholder may file an application to amend the permit. Following a hearing conducted in the manner prescribed by section 46-680, the director shall issue a written order containing specific findings of fact either granting or denying the proposed amendment in accordance with the public interest considerations enumerated in section 46-683. An application to amend a permit shall not be approved if the amendment would increase the daily peak withdrawal or the annual volume by more than twenty-five percent from the amounts approved in the original permit, except for an amendment to increase the maximum daily volumetric flow rate or annual volume to levels authorized under a permit issued by the Department of Environment and Energy pursuant to section 81-1504 and subsection (9) of section 81-1505.Source   Laws 1986, LB 309, § 3;  Laws 2012, LB498, § 1;  Laws 2019, LB302, § 24.
NE Code § 46-684 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-684 - Permit; revocation; procedure; violation of terms of permit; director; powers and duties.

46-684.  Permit; revocation; procedure; violation of terms of permit; director; powers and duties.(1) A permit granted pursuant to section 46-683 shall be revoked, following a hearing conducted in the same manner as hearings conducted pursuant to section 46-680, if the director determines that the permitholder has failed to exercise the right to withdraw ground water within three years of the date specified in the permit or for a period of three consecutive years thereafter.(2) If it appears to the director that a permitholder has withdrawn more ground water than the amount specified in the permit or has violated any of the conditions specified in the permit, the director shall give written notice to the permitholder of the alleged violation.Within thirty days following receipt of such notice, the permitholder may:(a) File an application to amend the permit as provided in section 46-683.01;(b) Request a hearing before the director; or(c) Take appropriate measures to comply with the permit.If the permitholder fails to take action pursuant to subdivision (2)(a), (2)(b), or (2)(c) of this section, the director may issue an order requiring compliance with the permit and seek, if appropriate, a court injunction prohibiting further violations of the permit.If the permitholder requests a hearing, the director shall within thirty days schedule a hearing within or in reasonable proximity to the area where the water wells are located. Within forty-five days following the hearing, the director shall issue an order containing specific findings of fact with reference to the alleged violation and directing the permitholder, if necessary, to cease and desist from further violations of the permit.(3) Nothing in this section shall limit the penalty provisions of section 46-687.Source   Laws 1981, LB 56, § 10;   Laws 1986, LB 309, § 4;   Laws 1993, LB 131, § 37.
NE Code § 46-685 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-685 - Order or decision; appeal by affected person.

46-685.  Order or decision; appeal by affected person.Any affected person aggrieved by any order issued or final decision made by the director pursuant to the Industrial Ground Water Regulatory Act may appeal the order to the Court of Appeals. For purposes of this section, affected person means the applicant for a permit which is the subject of the director's order or final decision and any owner of an estate or interest in or concerning land or water whose interest is or may be impacted in a direct and significant manner by the director's order or final decision.Source   Laws 1981, LB 56, § 11;   Laws 1988, LB 352, § 80;  Laws 2001, LB 129, § 4.
NE Code § 46-686 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-686 - Injured person; remedies available.

46-686.  Injured person; remedies available.Any owner of an estate or interest in or concerning land or water, except a person who has signed an agreement filed with the director pursuant to section 46-682, may bring an action for damages or injunctive or other relief for any injury done to his or her land or water rights by the holder of a permit issued pursuant to section 46-683. Nothing in the Industrial Ground Water Regulatory Act shall be construed as limiting the right to resort to other means of review, redress, or relief provided by law.Source   Laws 1981, LB 56, § 12;  Laws 2005, LB 335, § 77.
NE Code § 46-686.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-686.01 - Withdrawal and transfer of less than 150 acre-feet; injured person; hearing; civil action; appeal; attorney's fees.

46-686.01.  Withdrawal and transfer of less than 150 acre-feet; injured person; hearing; civil action; appeal; attorney's fees.The director shall have jurisdiction over any ground water withdrawal and transfer made under section 46-678.01. Any person using ground water at the time a notice to transfer is filed under such section whose wells thereafter suffer an unanticipated decline in ground water levels may petition the director for a hearing. Such petition shall specifically set forth the cause and extent of the ground water decline as well as the nature and extent of any injury resulting from that decline. If at such hearing the injured party presents evidence showing that the ground water levels declined as a result of such transfer and shows the nature and extent of any resulting injury, the director may issue an order terminating or conditioning the transfer to eliminate any further injury. If the injured party prevails and an order is issued pursuant to this section, the order shall provide that the person filing the notice of transfer shall pay the costs of the department and of the injured party, including reasonable attorney's fees. The injured party may maintain a civil action against the person filing the notice of transfer to recover the costs of a hydrologic evaluation. The order of the director may be appealed to the Court of Appeals.Source   Laws 1993, LB 789, § 9;  Laws 2000, LB 900, § 222.
NE Code § 46-687 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-687 - Violation; penalty.

46-687.  Violation; penalty.Any person who withdraws or transfers ground water in violation of the Industrial Ground Water Regulatory Act shall be guilty of a Class IV misdemeanor. Each day shall constitute a separate offense in cases of continued violation.Source   Laws 1981, LB 56, § 13;   Laws 1986, LB 309, § 5.
NE Code § 46-688 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-688 - Director; rules and regulations.

46-688.  Director; rules and regulations.The director may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Industrial Ground Water Regulatory Act. The director shall by regulation specify the contents and scope of the hydrologic evaluation required by section 46-678, taking into account the current state of hydrologic knowledge and techniques, and the factors for permit approval listed in section 46-683.Source   Laws 1981, LB 56, § 14;  Laws 2005, LB 335, § 78.
NE Code § 46-689 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-689 - Permitholder; subject to control area regulations.

46-689.  Permitholder; subject to control area regulations.Nothing in the Industrial Ground Water Regulatory Act shall be construed to exempt the holder of a permit issued pursuant to section 46-683 from any regulations adopted by a natural resources district pursuant to the Nebraska Ground Water Management and Protection Act for a control area designated before such permit has been granted.Source   Laws 1981, LB 56, § 15;   Laws 1996, LB 108, § 75.  Cross References  Nebraska Ground Water Management and Protection Act, see section 46-701.
NE Code § 46-690 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-690 - Act, how cited.

46-690.  Act, how cited.Sections 46-675 to 46-690 shall be known and may be cited as the Industrial Ground Water Regulatory Act.Source   Laws 1981, LB 56, § 16;   Laws 1986, LB 309, § 6;   Laws 1993, LB 789, § 10;  Laws 2005, LB 335, § 79.
NE Code § 46-691.01 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-691.01 - Transfer off overlying land for domestic use; limitations; liability.

46-691.01.  Transfer off overlying land for domestic use; limitations; liability.Any person other than a public water supplier as defined in section 46-638 may transfer ground water off the overlying land for the purpose of domestic use of ground water required for human needs as it relates to health, fire control, and sanitation if (1) the location and use of the water well and any pipeline or other means of conveyance are authorized by easement or other adequate property interest on all land on which such water well and pipeline or other means of conveyance are located and (2) the capacity of the water well or series of water wells connected together for such purposes does not exceed fifty gallons per minute. Such person may be liable for damages for interference with the use of ground water by another person only if the withdrawal of ground water for such domestic use unreasonably causes harm to another person through the lowering of the water table or by reducing artesian pressure.Source Laws 2001, LB 472, § 1.
NE Code § 46-691.02 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-691.02 - Transfer off overlying land for domestic use; applicability of section.

46-691.02.  Transfer off overlying land for domestic use; applicability of section.Section 46-691.01 applies to all such transfers and uses of ground water before, on, and after September 1, 2001.Source Laws 2001, LB 472, § 2.
NE Code § 46-701 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-701 - Act, how cited.

46-701.  Act, how cited.Sections 46-701 to 46-756 shall be known and may be cited as the Nebraska Ground Water Management and Protection Act.Source   Laws 1975, LB 577, § 24;   Laws 1981, LB 146, § 12;   Laws 1982, LB 375, § 22;   Laws 1984, LB 1071, § 15;   Laws 1986, LB 894, § 31;   Laws 1991, LB 51, § 8;   Laws 1994, LB 480, § 27;   R.S.Supp.,1994, § 46-674;   Laws 1996, LB 108, § 7;  Laws 2003, LB 619, § 9;   R.S.Supp.,2003, § 46-656.01;  Laws 2004, LB 962, § 41;  Laws 2006, LB 1226, § 19;  Laws 2009, LB477, § 3;  Laws 2014, LB1098, § 13.
NE Code § 46-704 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-704 - Management area; legislative findings.

46-704.  Management area; legislative findings.The Legislature also finds that:(1) The levels of nitrate nitrogen and other contaminants in ground water in certain areas of the state are increasing;(2) Long-term solutions should be implemented and efforts should be made to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards;(3) Agriculture has been very productive and should continue to be an important industry to the State of Nebraska;(4) Natural resources districts have the legal authority to regulate certain activities and, as local entities, are the preferred regulators of activities which may contribute to ground water contamination in both urban and rural areas;(5) The Department of Environment and Energy should be given authority to regulate sources of contamination when necessary to prevent serious deterioration of ground water quality;(6) The powers given to districts and the Department of Environment and Energy should be used to stabilize, reduce, and prevent the increase or spread of ground water contamination; and(7) There is a need to provide for the orderly management of ground water quality in areas where available data, evidence, and other information indicate that present or potential ground water conditions require the designation of such areas as management areas.Source   Laws 1986, LB 894, § 1;   Laws 1993, LB 3, § 14;   R.S.1943, (1993), § 46-674.02;   Laws 1996, LB 108, § 9;   R.S.1943, (1998), § 46-656.03;  Laws 2004, LB 962, § 44;  Laws 2019, LB302, § 25.
NE Code § 46-705 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-705 - Act; how construed.

46-705.  Act; how construed.Nothing in the Nebraska Ground Water Management and Protection Act shall be construed to limit the powers of the Department of Environment and Energy provided in the Nebraska Safe Drinking Water Act.Nothing in the Nebraska Ground Water Management and Protection Act relating to the contamination of ground water is intended to limit the powers of the Department of Environment and Energy provided in Chapter 81, article 15.Source   Laws 1986, LB 894, § 19;   R.S.1943, (1993), § 46-674.20;   Laws 1996, LB 108, § 10;   Laws 1996, LB 1044, § 261;   R.S.1943, (1998), § 46-656.04;  Laws 2004, LB 962, § 45;  Laws 2007, LB296, § 203;  Laws 2019, LB302, § 26;  Laws 2021, LB148, § 55.   Operative Date: July 1, 2021  Cross References  Nebraska Safe Drinking Water Act, see section 71-5313.
NE Code § 46-708 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-708 - Action to control or prevent runoff of water; natural resources district; rules and regulations; power to issue cease and desist orders; notice; hearing.

46-708.  Action to control or prevent runoff of water; natural resources district; rules and regulations; power to issue cease and desist orders; notice; hearing.(1) In order to conserve ground water supplies and to prevent the inefficient or improper runoff of such ground water, each person who uses ground water irrigation in the state shall take action to control or prevent the runoff of water used in such irrigation.(2) Each district shall adopt, following public hearing, notice of which shall be given in the manner provided in section 46-743, rules and regulations necessary to control or prohibit surface runoff of water derived from ground water irrigation. Such rules and regulations shall prescribe (a) standards and criteria delineating what constitutes the inefficient or improper runoff of ground water used in irrigation, (b) procedures to prevent, control, and abate such runoff, (c) measures for the construction, modification, extension, or operation of remedial measures to prevent, control, or abate runoff of ground water used in irrigation, and (d) procedures for the enforcement of this section.(3) Each district may, upon three days' notice to the person affected, stating the contemplated action and in general the grounds therefor, and upon reasonable opportunity to be heard, issue cease and desist orders to enforce any of the provisions of this section or rules and regulations issued pursuant to this section.Source   Laws 1975, LB 577, § 9;   Laws 1978, LB 217, § 1;   R.S.1943, (1993), § 46-664;   Laws 1996, LB 108, § 17;   R.S.1943, (1998), § 46-656.11;  Laws 2004, LB 962, § 48;  Laws 2014, LB513, § 2.
NE Code § 46-709 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-709 - Ground water management plan; required; contents.

46-709.  Ground water management plan; required; contents.Each district shall maintain a ground water management plan based upon the best available information and shall submit amendments to such plan to the Director of Natural Resources for review and approval.The plan shall include, but not be limited to, the identification to the extent possible of:(1) Ground water supplies within the district including transmissivity, saturated thickness maps, and other ground water reservoir information, if available;(2) Local recharge characteristics and rates from any sources, if available;(3) Average annual precipitation and the variations within the district;(4) Crop water needs within the district;(5) Current ground water data-collection programs;(6) Past, present, and potential ground water use within the district;(7) Ground water quality concerns within the district;(8) Proposed water conservation and supply augmentation programs for the district;(9) The availability of supplemental water supplies, including the opportunity for ground water recharge;(10) The opportunity to integrate and coordinate the use of water from different sources of supply;(11) Ground water management objectives, including a proposed ground water reservoir life goal for the district. For management plans adopted or revised after July 19, 1996, the ground water management objectives may include any proposed integrated management objectives for hydrologically connected ground water and surface water supplies but a management plan does not have to be revised prior to the adoption or implementation of an integrated management plan pursuant to section 46-718 or 46-719;(12) Existing subirrigation uses within the district;(13) The relative economic value of different uses of ground water proposed or existing within the district; and(14) The geographic and stratigraphic boundaries of any proposed management area.If the expenses incurred by a district preparing or amending a ground water management plan exceed twenty-five percent of the district's current budget, the district may make application to the Nebraska Resources Development Fund for assistance.Each district's ground water management plan shall also identify, to the extent possible, the levels and sources of ground water contamination within the district, ground water quality goals, long-term solutions necessary to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards, and practices recommended to stabilize, reduce, and prevent the occurrence, increase, or spread of ground water contamination.Source   Laws 1982, LB 375, § 3;   Laws 1983, LB 378, § 3;   Laws 1984, LB 1106, § 37;   R.S.1943, (1993), § 46-673.01;   Laws 1996, LB 108, § 18;  Laws 2000, LB 900, § 191;  Laws 2003, LB 619, § 12;   R.S.Supp.,2003, § 46-656.12;  Laws 2004, LB 962, § 49.
NE Code § 46-710 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-710 - Ground water management plan preparation or modification; district; solicit and utilize information.

46-710.  Ground water management plan preparation or modification; district; solicit and utilize information.During preparation or modification of a ground water management plan, the district shall actively solicit public comments and opinions and shall utilize and draw upon existing research, data, studies, or any other information which has been compiled by or is in the possession of state or federal agencies, natural resources districts, or any other subdivision of the state. State agencies, districts, and other subdivisions shall furnish information or data upon the request of any district preparing or modifying such a plan. A district shall not be required to initiate new studies or data-collection efforts or to develop computer models in order to prepare or modify a plan.Source   Laws 1982, LB 375, § 4;   R.S.1943, (1993), § 46-673.02;   Laws 1996, LB 108, § 19;   R.S.1943, (1998), § 46-656.13;  Laws 2004, LB 962, § 50.