reglab/housing_qa huggingface dataset:
NE Code § 46-294.04 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-294.04 - Appropriation; temporary transfer or change; effect on rights of condemnation.

46-294.04.  Appropriation; temporary transfer or change; effect on rights of condemnation.During the time within which a temporary transfer or change in purpose of use of an appropriation is in effect, the appropriation may not be used to invoke any rights of condemnation that are based on preference of use, but such appropriation shall be subject to the exercise of such rights by owners of other appropriations that are for water uses superior to the pretransfer or prechange use of the water under the transferred or changed appropriation.Source Laws 2004, LB 962, § 24.
NE Code § 46-294.05 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-294.05 - Rules and regulations.

46-294.05.  Rules and regulations.The Director of Natural Resources may adopt and promulgate rules and regulations to carry out sections 46-290 to 46-294.04.Source Laws 2004, LB 962, § 25.
NE Code § 46-295 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-295 - Legislative findings.

46-295.  Legislative findings.The Legislature recognizes that, as a result of water project operations, surface water in some areas of the state has been, is, and will be in the future intentionally and incidentally stored in and withdrawn from underground strata. The Legislature acknowledges that rights to water intentionally or incidentally stored underground and rights to withdrawal of such water should be formally recognized and quantified and recognizes the propriety of all beneficiaries proportionately sharing, to the extent of potential benefit from intentional underground water storage, in the financial obligations necessary for construction, operation, and maintenance of water projects which cause intentional underground water storage.The Legislature finds that uses of water for incidental and intentional underground water storage are beneficial uses of water which contribute to the recharge of Nebraska's aquifers and that comprehensive, conjunctive management of surface water and intentional or incidental underground water storage is essential for the continued economic prosperity and well-being of the state, serves the public interest by providing an element of certainty essential for investment in water resources development, and will improve Nebraska's standing in the event of interstate dispute.To facilitate optimum beneficial use of water by the people of Nebraska, the Legislature recognizes the need for authorizing the recognition of incidental underground water storage, for authorizing intentional underground water storage, and for authorizing the levying and collection of fees and assessments on persons who withdraw or otherwise use or benefit from intentional underground water storage as provided in sections 46-299 to 46-2,106.Nothing in sections 46-202, 46-226.01, 46-226.02, 46-233, 46-240, 46-241, 46-242, 46-295 to 46-2,106, 46-544, and 46-712 shall be construed to alter existing statutes regarding the relationship between naturally occurring surface and ground water.Source   Laws 1983, LB 198, § 1;   Laws 1985, LB 488, § 6;   Laws 1989, LB 45, § 2;   Laws 1996, LB 108, § 4;  Laws 2000, LB 900, § 136;  Laws 2004, LB 962, § 26.
NE Code § 46-296 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-296 - Terms, defined.

46-296.  Terms, defined.For purposes of sections 33-105, 46-202, and 46-295 to 46-2,106, unless the context otherwise requires:(1) Department means the Department of Natural Resources;(2) Director means the Director of Natural Resources;(3) Person means a natural person, partnership, limited liability company, association, corporation, municipality, or agency or political subdivision of the state or of the federal government;(4) Underground water storage means the act of storing or recharging water in underground strata. Such water shall be known as water stored underground but does not include ground water as defined in section 46-706 which occurs naturally;(5) Intentional underground water storage means underground water storage which is an intended purpose or result of a water project or use. Such storage may be accomplished by any lawful means such as injection wells, infiltration basins, canals, reservoirs, and other reasonable methods; and(6) Incidental underground water storage means underground water storage which occurs as an indirect result, rather than an intended or planned purpose, of a water project or use and includes, but is not limited to, seepage from reservoirs, canals, and laterals, and deep percolation from irrigated lands.Source   Laws 1983, LB 198, § 2;   Laws 1985, LB 488, § 7;   Laws 1993, LB 121, § 277;   Laws 1996, LB 108, § 5;  Laws 2000, LB 900, § 137;  Laws 2004, LB 962, § 27.
NE Code § 46-297 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-297 - Permit to appropriate water; modification to include underground water storage; procedure.

46-297.  Permit to appropriate water; modification to include underground water storage; procedure.Any person who has an approved, unperfected appropriation pursuant to Chapter 46, article 2, may apply to the department for a modification of such permit to include intentional underground water storage associated with the appropriation. The application shall be made on a form prescribed and furnished by the department without cost to the applicant. Upon receipt of such an application, the department shall proceed in accordance with rules and regulations adopted and promulgated by the department, subject to section 46-226.02.Source   Laws 1983, LB 198, § 11;   Laws 1997, LB 752, § 120;  Laws 2013, LB102, § 1.
NE Code § 46-299 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-299 - Permittee; authorized to levy a fee or assessment; limitation.

46-299.  Permittee; authorized to levy a fee or assessment; limitation.Any person who has obtained a permit for intentional underground water storage and recovery of such water pursuant to section 46-233, 46-240, 46-241, 46-242, or 46-297 may, subject to section 46-2,101, levy a fee or assessment against any person for the right or probable right to withdraw or otherwise use such stored water. Such fee or assessment may be levied against any land in connection with which such underground water storage has occurred or probably will occur, and may be varied based on the degree to which underground water storage has occurred or will occur. No fee or assessment shall represent more than the fair market value of such recharge, except that a fee or assessment may include a sum sufficient to amortize the operation, maintenance, repair, and capital costs of the project, apportioned on the degree to which recharge has occurred or is likely to occur, and on the degree to which any surface water is delivered.Source   Laws 1983, LB 198, § 13;  Laws 2008, LB798, § 5.
NE Code § 46-2,100 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,100 - Fee or assessment; limitation.

46-2,100.  Fee or assessment; limitation.No fee or assessment may be levied pursuant to section 46-299 for withdrawals from wells with a capacity of less than one hundred gallons per minute which are solely for domestic purposes as defined in section 46-613.Source   Laws 1983, LB 198, § 14;   Laws 1989, LB 45, § 3.
NE Code § 46-2,101 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,101 - Fee or assessment; application for approval; contents; fee schedule.

46-2,101.  Fee or assessment; application for approval; contents; fee schedule.(1) Any person intending to levy fees or assessments in accordance with section 46-299 or to modify such fees or assessments shall, prior to levying such fees, assessments, modified fees, or modified assessments, file with the department an application for approval of authority to levy such fees on a form prescribed and furnished by the department.(2) Such an application shall include a fee schedule and the following information:(a) The source of the water stored or to be stored underground;(b) The underground water storage method;(c) The relative amounts of water stored or to be stored underground and naturally occurring ground water;(d) The data or reference studies used by the applicant to determine the underground water storage;(e) A description of the areas served or to be served by the water stored underground;(f) The amount of surface water, if any, for which the applicant has an appropriation; and(g) The manner, use, and location of any such surface water appropriation.The application shall be processed under the applicable rules and regulations of the department adopted and promulgated pursuant to section 61-206.(3) An application shall be approved if the fees, assessments, modified fees, or modified assessments appear reasonable and comply with the requirements of section 46-299.(4) The department shall review approved fee schedules every five years after approval to determine whether the fees should be increased, decreased, or eliminated, except that if the adopted schedules have been pledged to repayment of financing for the project, the department shall only review after repayment is completed.Source   Laws 1983, LB 198, § 15;   Laws 1985, LB 488, § 9;   Laws 1989, LB 45, § 4;  Laws 2000, LB 900, § 138.
NE Code § 46-2,102 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,102 - Fee or assessment; lien.

46-2,102.  Fee or assessment; lien.A fee or assessment levied pursuant to section 46-299 shall become a lien on the property benefited, or to be benefited, thirty days after the due date of such fee or assessment. The person levying the fee or assessment may collect such fee or assessment if it remains unpaid after thirty days after the due date by commencing an action in district court against the owner of the land benefited or to be benefited to foreclose the lien or to recover the amount due, except that no lien shall become effective until notice thereof is filed with the register of deeds in the county in which the benefited property is located and such lien shall relate back only to the date of filing.Source   Laws 1983, LB 198, § 16;   Laws 1989, LB 45, § 5.
NE Code § 46-2,103 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,103 - Injunction; when issued.

46-2,103.  Injunction; when issued.Any person who has obtained approval of fees or assessments pursuant to section 46-2,101, may commence an action to enjoin any person from withdrawing or otherwise using the stored water if the person has not entered into an agreement to pay fees or assessments for such stored water, or has failed and refused to pay a fee or assessment for a period of thirty days from and after the due date of the fee or assessment. No injunction may be obtained against withdrawals from wells with a capacity of less than one hundred gallons per minute which are solely for domestic uses as defined in section 46-613.Source  Laws 1983, LB 198, § 17.
NE Code § 46-2,104 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,104 - Director's order; not subject to collateral attack.

46-2,104.  Director's order; not subject to collateral attack.If an action is commenced pursuant to section 46-2,102 or 46-2,103, an order of the director identifying water stored or to be stored underground, or approving fees or assessments, may not be collaterally attacked.Source  Laws 1983, LB 198, § 18.
NE Code § 46-2,105 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,105 - Appeal.

46-2,105.  Appeal.Any person aggrieved by a decision made or an order issued by the director pursuant to section 46-226.02, 46-233, 46-240, 46-241, 46-242, 46-297, or 46-2,101 may appeal as provided in section 61-207.Source   Laws 1983, LB 198, § 19;  Laws 2000, LB 900, § 139.
NE Code § 46-2,106 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,106 - Use of underground stored water; authorized.

46-2,106.  Use of underground stored water; authorized.Any person may use water stored incidentally or intentionally underground for which the appropriate permits have not been obtained or for which approval of fees has not been obtained pursuant to section 46-2,101.Source  Laws 1983, LB 198, § 20.
NE Code § 46-2,107 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,107 - Legislative findings.

46-2,107.  Legislative findings.The Legislature finds that the maintenance, conservation, management, storage, and timely release of the waters of the natural streams within the State of Nebraska are in the public interest and are practices essential to the well-being of present and future generations. In furtherance of these practices, the public interest demands the recognition of instream uses for fish, recreation, and wildlife. The Legislature also finds that proposals for future water development should fully consider multiple uses, including instream flows whether from natural flow or from reservoir releases, and recognizes the positive impact of impoundments which can provide significant instream flow benefits.Source  Laws 1984, LB 1106, § 23. Annotations Sections 46-2,107 through 46-2,119, permitting instream flow appropriations, do not offend this provision or Neb. Const. art. XV, section 4, 5, or 6. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990).
NE Code § 46-2,108 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,108 - Appropriation of water for instream flows; terms, defined.

46-2,108.  Appropriation of water for instream flows; terms, defined.(1) For purposes of sections 46-2,107 to 46-2,119, unless the context otherwise requires:(a) Department means the Department of Natural Resources;(b) Director means the Director of Natural Resources; and(c) Instream appropriation means the undiverted application of the waters of a natural stream within or bordering upon the state for recreation or fish and wildlife purposes.(2) An instream appropriation may be obtained only by the Game and Parks Commission or a natural resources district and only for that amount of water necessary for recreation or fish and wildlife. The instream use of water for recreation or fish and wildlife shall be considered a beneficial use of water.Source   Laws 1984, LB 1106, § 24;   Laws 1985, LB 102, § 13;   Laws 1997, LB 877, § 1;  Laws 2000, LB 900, § 140.
NE Code § 46-2,109 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,109 - Streams with need for instream flows; identification; study.

46-2,109.  Streams with need for instream flows; identification; study.Each natural resources district and the Game and Parks Commission shall conduct studies to identify specific stream segments which the district or commission considers to have a critical need for instream flows. Such studies shall quantify the instream flow needs in the identified stream segments. Any district or the Game and Parks Commission may request the assistance of the Conservation and Survey Division of the University of Nebraska, the Game and Parks Commission, the Department of Environment and Energy, the Department of Natural Resources, or any other state agency in order to comply with this section.Source   Laws 1984, LB 1106, § 25;   Laws 1985, LB 102, § 14;   Laws 1993, LB 3, § 6;  Laws 2000, LB 900, § 141;  Laws 2019, LB302, § 20.
NE Code § 46-2,110 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,110 - Permit to appropriate water for instream flows; application; requirements.

46-2,110.  Permit to appropriate water for instream flows; application; requirements.Following notice and a public hearing, any natural resources district or the Game and Parks Commission may file with the director an application for a permit to appropriate water for instream flows in each stream segment identified pursuant to section 46-2,109. The application shall include the locations on the stream at which the need for instream flows begins and ends and the time of year when instream flows are most critical. The application shall also provide a detailed description of the amount of water necessary to provide adequate instream flows.Source   Laws 1984, LB 1106, § 26;   Laws 1985, LB 102, § 15;  Laws 2000, LB 900, § 142.
NE Code § 46-2,111 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,111 - Permit to appropriate water for instream flows; director; powers and duties.

46-2,111.  Permit to appropriate water for instream flows; director; powers and duties.(1) The Legislature finds that instream appropriations for recreation, fish, and wildlife should consider preferences among different uses and that all appropriations should consider the possible legal relationship between surface water and ground water. Thus the Legislature finds that, since such issues have not been fully considered, the director shall not grant any permit to appropriate water, except as specified in subsection (2) of this section, before January 1, 1997, for any application pending on or filed after June 2, 1995.(2) The director may grant applications for (a) appropriations for flood control or sediment control structures which will not make or cause to be made any consumptive use of the impounded water, (b) applications for temporary appropriations for public construction that are five cubic feet per second or less, or (c) applications by public water suppliers for induced ground water recharge appropriations pursuant to sections 46-233 to 46-238.Source   Laws 1995, LB 871, § 5;  Laws 2000, LB 900, § 143.
NE Code § 46-2,112 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,112 - Permit to appropriate water for instream flows; hearing; when; notice; director; powers.

46-2,112.  Permit to appropriate water for instream flows; hearing; when; notice; director; powers.A permit to appropriate water for instream flows shall be subject to review every fifteen years after it is granted. Notice of a pending review shall be published in a newspaper published or of general circulation in the area involved at least once each week for three consecutive weeks, the last publication to be not later than fourteen years and ten months after the permit was granted or after the date of the director's action following the last such review, whichever is later, and such notice shall be mailed to the appropriator of record and posted on the department's website. The notice shall state that any interested person may file comments relating to the review of the instream appropriation or may request a hearing to present evidence relevant to such review. Any such comments or request for hearing shall be filed in the headquarters office of the department within six weeks after the date of final publication of the notice. The appropriator of record shall, within the six-week period, file written documentation of the continued use of the appropriation. If no requests for hearing are received and if the director is satisfied with the information provided by the appropriator of record that the appropriation continues to be beneficially used and is in the public interest, the director shall issue an order stating such findings. If requested by any interested person, or on his or her own motion based on the comments and information filed, the director shall schedule a hearing. If a hearing is held, the purpose of the hearing shall be to receive evidence regarding whether the water appropriated under the permit still provides the beneficial uses for which the permit was granted and whether the permit is still in the public interest. The hearing shall proceed under the rebuttable presumption that the appropriation continues to provide the beneficial uses for which the permit was granted and that the appropriation is in the public interest. After the hearing, the director may by order modify or cancel, in whole or in part, the instream appropriation.Source   Laws 1997, LB 877, § 2;  Laws 2000, LB 900, § 144;  Laws 2004, LB 962, § 28;  Laws 2006, LB 1226, § 13.
NE Code § 46-2,113 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,113 - Director; modify appropriation or application; when.

46-2,113.  Director; modify appropriation or application; when.It is in the state's and the public interest that the filing of the following classes of applications before the department demand that the director shall appropriately modify any existing or pending instream appropriation or application to not interfere with such application or the granting of such appropriation:(1) Applications for induced recharge to public water supply wells;(2) Applications for storage rights necessary for flood and sediment control projects which are dry or will not result in a net consumption of water exceeding two hundred acre-feet on an average annual basis;(3) Applications for transfer permits associated with natural flow, storage use, power generation, or hydropower;(4) Applications for de minimis uses; or(5) Applications for industrial or manufacturing de minimis consumptive uses.Source   Laws 1997, LB 877, § 3;  Laws 2000, LB 900, § 145.
NE Code § 46-2,114 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,114 - Proposed instream appropriation; additional studies; notice of application.

46-2,114.  Proposed instream appropriation; additional studies; notice of application.Prior to taking action on an application for an instream appropriation, the director shall conduct any studies he or she deems necessary to evaluate the application and shall publish notice of such application at the applicant's expense at least once a week for three consecutive weeks in a newspaper of general circulation in the area of the stream segment and also in a newspaper of statewide circulation. The notice shall state that any person having an interest may in writing object to and request a hearing on the application. Any such objection and request for hearing shall be filed with the department within two weeks of final publication of the notice.Source   Laws 1984, LB 1106, § 30;   Laws 1985, LB 102, § 16;   Laws 1987, LB 140, § 11;   Laws 1991, LB 278, § 2;  Laws 2000, LB 900, § 146.
NE Code § 46-2,116 (2021)
2021 Nebraska Revised Statutes|Chapter 46 - Irrigation and Regulation of Water|46-2,116 - Application for instream appropriation; public interest determination; factors.

46-2,116.  Application for instream appropriation; public interest determination; factors.In determining whether an application for an instream appropriation is in the public interest, the director shall consider the following factors:(1) The economic, social, and environmental value of the instream use or uses including, but not limited to, recreation, fish and wildlife, induced recharge for municipal water systems, and water quality maintenance; and(2) The economic, social, and environmental value of reasonably foreseeable alternative out-of-stream uses of water that will be foregone or accorded junior status if the appropriation is granted.Source   Laws 1984, LB 1106, § 32;   Laws 1985, LB 102, § 18;   Laws 1991, LB 772, § 5.  Annotations  Subsection (1) of this section does not require that all the factors considered be reduced to economic terms. In re Application A-16642, 236 Neb. 671, 463 N.W.2d 591 (1990). This section does not require the director to document his decision to the hearing record in determining whether an application for an instream appropriation is in the public interest. In re Applications A-17004 et al., 1 Neb. App. 974, 512 N.W.2d 392 (1993).