reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1505 - Commission; organization; compensation of members.

2-1505.
Commission; organization; compensation of members.
The commission shall designate a chairperson, a vice-chairperson, and such other officers as it may desire and may, from time to time, change such designation. A majority of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. Each of the members of the commission shall receive a per diem of fifty dollars per day for each day in the performance of his or her duties on the commission, but no member shall receive more than two thousand dollars in any one year, and in addition shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of his or her duties on the commission, as provided in sections 81-1174 to 81-1177.
Source
Laws 1937, c. 8, § 4, p. 95;
C.S.Supp.,1941, § 2-1904;
R.S.1943, § 2-1505;
Laws 1957, c. 3, § 3, p. 84;
Laws 1961, c. 4, § 3, p. 68;
Laws 1972, LB 542, § 3;
Laws 1978, LB 653, § 2;
Laws 1980, LB 701, § 1;
Laws 1981, LB 204, § 5;
Laws 2000, LB 900, § 23.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1506 - Water Sustainability Fund; goals; legislative findings.

2-1506.
Water Sustainability Fund; goals; legislative findings.
(1) The goals of the Water Sustainability Fund are to: (a) Provide financial assistance to programs, projects, or activities that increase aquifer recharge, reduce aquifer depletion, and increase streamflow; (b) remediate or mitigate threats to drinking water; (c) promote the goals and objectives of approved integrated management plans or ground water management plans; (d) contribute to multiple water supply management goals including flood control, reducing threats to property damage, agricultural uses, municipal and industrial uses, recreational benefits, wildlife habitat, conservation, and preservation of water resources; (e) assist municipalities with the cost of constructing, upgrading, developing, and replacing sewer infrastructure facilities as part of a combined sewer overflow project; (f) provide increased water productivity and enhance water quality; (g) use the most cost-effective solutions available; and (h) comply with interstate compacts, decrees, other state contracts and agreements and federal law.
(2) The Legislature finds that the goals of the Water Sustainability Fund can be met by equally considering programs, projects, or activities in the following categories: (a) Research, data, and modeling; (b) rehabilitation or restoration of water supply infrastructure, new water supply infrastructure, or water supply infrastructure maintenance or flood prevention for protection of critical infrastructure; (c) conjunctive management, storage, and integrated management of ground water and surface water; and (d) compliance with interstate compacts or agreements or other formal state contracts or agreements or federal law.
Source
Laws 2014, LB1098, § 3.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1508 - Commission; rank and score applications for funding; criteria.

2-1508.
Commission; rank and score applications for funding; criteria.
The commission shall rank and score applications for funding based on criteria that demonstrate the extent to which a program, project, or activity:
(1) Remediates or mitigates threats to drinking water;
(2) Meets the goals and objectives of an approved integrated management plan or ground water management plan;
(3) Contributes to water sustainability goals by increasing aquifer recharge, reducing aquifer depletion, or increasing streamflow;
(4) Contributes to multiple water supply management goals, including, but not limited to, flood control, agricultural use, municipal and industrial uses, recreational benefits, wildlife habitat, conservation of water resources, and preservation of water resources;
(5) Maximizes the beneficial use of Nebraska's water resources for the benefit of the state's residents;
(6) Is cost-effective;
(7) Helps the state meet its obligations under interstate compacts, decrees, or other state contracts or agreements or federal law;
(8) Reduces threats to property damage or protects critical infrastructure that consists of the physical assets, systems, and networks vital to the state or the United States such that their incapacitation would have a debilitating effect on public security or public health and safety;
(9) Improves water quality;
(10) Has utilized all available funding resources of the local jurisdiction to support the program, project, or activity;
(11) Has a local jurisdiction with plans in place that support sustainable water use;
(12) Addresses a statewide problem or issue;
(13) Contributes to the state's ability to leverage state dollars with local or federal government partners or other partners to maximize the use of its resources;
(14) Contributes to watershed health and function; and
(15) Uses objectives described in the annual report and plan of work for the state water planning and review process issued by the department.
Source
Laws 2014, LB1098, § 5.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1509 - Application; form; contents; director; duties; state participation; request.

2-1509.
Application; form; contents; director; duties; state participation; request.
(1) Applicants for funds may file an application with the department for a grant or loan from the Water Sustainability Fund. Applications for grants to the department itself shall be filed by the department. Each application shall be filed in such manner and form and be accompanied by such information as may be prescribed by the director and the commission.
(2) Any such application shall:
(a) Describe the nature and purpose of the proposed program, project, or activity;
(b) Set forth or be accompanied by a plan for development of the proposed program, project, or activity, together with engineering, economic, and financial feasibility data and information, and such estimated costs of construction or implementation as may be required by the director and the commission;
(c) State whether money other than that for which the application is made will be used to help in meeting program, project, or activity costs and whether such money is available or has been sought for this purpose;
(d) When appropriate, state that the applicant holds or can acquire title to all lands or has the necessary easements and rights-of-way for the program, project, or activity and related lands and has or may acquire all water rights necessary for the proposed program, project, or activity;
(e) Show that the applicant possesses all necessary authority to undertake or participate in the proposed program, project, or activity; and
(f) Demonstrate the probable environmental and ecological consequences that may result from such proposed program, project, or activity.
(3) Upon receipt of an application, the director shall evaluate and investigate all aspects of the proposed program, project, or activity and the proposed schedule for development and completion of such program, project, or activity, determine eligibility for funding, and make appropriate recommendations to the commission pursuant to sections 2-1506 to 2-1513. As a part of his or her investigation, the director shall consider whether the plan for development of the program, project, or activity is satisfactory. If the director determines that the plan is unsatisfactory or that the application does not contain adequate information upon which to make determinations, the director shall return the application to the applicant and may make such recommendations to the applicant as are considered necessary to make the plan or the application satisfactory.
(4) Requests for utilization of the Water Sustainability Fund for state participation in any water and related land-water resources projects shall also be filed with the department for the director's evaluation, investigation, and recommendations. Such requests shall be filed in the manner and form and be accompanied by such information as shall be prescribed by the department and the commission.
Source
Laws 2014, LB1098, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1510 - Program, project, or activity; funding request; director; powers; findings; conflict of interest.

2-1510.
Program, project, or activity; funding request; director; powers; findings; conflict of interest.
(1) Each program, project, or activity for which funding is requested, whether such request has as its origin an application or the action of the department itself, shall be reviewed as provided in sections 2-1506 to 2-1513 by the director prior to the approval of any allocation for such program, project, or activity by the commission.
(2) The director may recommend approval of and the commission may approve grants or loans, including the appropriate repayment period and the rate of interest, for program, project, or activity costs or acquisition of interests in programs, projects, or activities if after investigation and evaluation the director finds that:
(a) The plan does not conflict with any existing Nebraska state land plan;
(b) The proposed program, project, or activity is economically and financially feasible based upon standards adopted by the commission pursuant to sections 2-1506 to 2-1513;
(c) The plan for development of the proposed program, project, or activity is satisfactory;
(d) The plan of development minimizes any adverse impacts on the natural environment;
(e) The applicant is qualified, responsible, and legally capable of carrying out the program, project, or activity;
(f) In the case of a loan, the borrower has demonstrated the ability to repay the loan and there is assurance of adequate operation, maintenance, and replacement during the repayment life of the program, project, or activity;
(g) The plan considers other plans and programs of the state and resources development plans of the political subdivisions of the state; and
(h) The money required from the Water Sustainability Fund is available.
(3) The director and staff of the department shall carry out their powers and duties under sections 2-1506 to 2-1513 independently of and without prejudice to their powers and duties under other provisions of law.
(4) No member of the commission shall be eligible to participate in the action of the commission concerning an application for funding to any entity in which such commission member has any interest. The director may be delegated additional responsibilities consistent with the purposes of sections 2-1506 to 2-1513. It shall be the sole responsibility of the commission to determine the priority in which funds are allocated for eligible programs, projects, or activities under section 2-1508.
Source
Laws 2014, LB1098, § 7.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1512 - Department; powers; Water Sustainability Fund; use.

2-1512.
Department; powers; Water Sustainability Fund; use.
In order to develop Nebraska's water resources, the department, using the process provided for in subsection (4) of section 2-1509, and with the approval of the commission, may acquire interests in water and related land resources projects in the name of the state utilizing the Water Sustainability Fund. Such use of the fund shall be made when the public benefits obtained from the projects or a part thereof are statewide in nature and when associated costs are determined to be more appropriately financed by other than a local organization. Such use of the fund may be made upon the determination by the department and the commission that such acquisition is appropriate under sections 2-1506 to 2-1513. The department, with the approval of the commission, may also acquire interests in water resource projects in the name of the state to meet future demands for usable water. Such water resource projects may include, but not be limited to, the construction of dams and reservoirs to provide surplus water storage capacity for municipal and industrial water demands and for other projects to assure an adequate quantity of usable water. In furtherance of these goals, the department may contract with the federal government or any of its agencies or departments for the inclusion of additional water supply storage space behind existing or proposed structures.
Source
Laws 2014, LB1098, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1513 - Water Sustainability Fund; legislative analysis.

2-1513.
Water Sustainability Fund; legislative analysis.
The Appropriations Committee of the Legislature shall, beginning with the FY2023-25 biennial budget review process, conduct a biennial analysis of the financial status of the Water Sustainability Fund, including a review of the committed and uncommitted balance of the fund and the financial impact of pending programs, projects, or activities. The committee shall base its recommendation for transfers to the Water Sustainability Fund upon information provided in the review process.
Source
Laws 2014, LB1098, § 10;
Laws 2015, LB661, § 22.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1568 - Department; data bank; establish; maintain; administer; available to other agencies.

2-1568.
Department; data bank; establish; maintain; administer; available to other agencies.
The department shall maintain and administer a data bank in the field of soil and water resources in the State of Nebraska. The collection of basic data and necessary interpretations of these data in the area of soil and water resources by agencies, departments, and political subdivisions of the State of Nebraska shall not be affected by this section. Such data and necessary interpretations of them shall be made available to the department for inclusion in the data bank when published or earlier if deemed by the originator to be suitable for inclusion. The source of data shall be identified in the data bank and when appropriate shall be associated with subsequent publication or other use. Processing and interpretation of the basic data shall be carried out by the department, except that this section does not preclude the independent processing and interpretation of such data by the collecting agency or other agencies. The resources of the data bank shall be made available to all interested agencies and persons.
Source
Laws 1969, c. 382, § 1, p. 1348;
Laws 2000, LB 900, § 24;
Laws 2005, LB 342, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1569 - Basic data, defined.

2-1569.
Basic data, defined.
For purposes of section 2-1568, basic data means recorded observations, calculations, or other information concerning: (1) Climatological, meteorological, hydrologic, hydraulic, topographic, and geologic conditions and phenomena, including soils and land use, as these relate to or affect surface and ground water resources, developed water supplies, water demands, and hydraulic structures; (2) occurrence, quantity, and quality of surface water resources, including variations with time, both short term and long range; (3) occurrence, quantity, and quality of ground water resources, including variations with time, natural and artificial recharge, natural and artificial disposal, and information as to the hydraulic characteristics of underground aquifers and reservoirs; (4) sediment production, transport, and disposition; (5) biologic data for streams, lakes, and reservoirs; (6) water rights; (7) occurrence, types, locations, and amounts of consumptive and nonconsumptive uses and demands for water, including diversions and extractions therefor, and variations over time; (8) occurrence, quantity, and quality of waste discharges and return flows, and variations thereof over time; (9) locations, characteristics, and operational criteria of works constructed to store, replenish, regulate, divert, extract, transport, distribute, protect, and improve surface and ground water resources; (10) project and facility operation data; (11) demographic data; and (12) economic and fiscal information.
Source
Laws 1969, c. 382, § 2, p. 1349;
Laws 2005, LB 342, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1575 - Act, how cited.

2-1575.
Act, how cited.
Sections 2-1575 to 2-1585 shall be known and may be cited as the Nebraska Soil and Water Conservation Act.
Source
Laws 1977, LB 450, § 1;
Laws 1983, LB 236, § 1;
Laws 2000, LB 900, § 26;
Laws 2002, LB 1003, § 8;
Laws 2003, LB 619, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1576 - Legislative intent.

2-1576.
Legislative intent.
The Legislature recognizes and hereby declares that it is the public policy of this state to properly conserve, protect, and utilize the water and related land resources of the state, to better utilize surface waters and available precipitation, to encourage ground water recharge to protect the state's dwindling ground water supply, to protect the quality of surface water and ground water resources, and to reduce soil erosion and sediment damages. The Legislature further declares that it is in the public interest of this state to financially assist in encouraging water and related land resource conservation and protection measures on privately owned land and that this will produce long-term benefits for the general public.
Source
Laws 1977, LB 450, § 2;
Laws 1983, LB 236, § 2;
Laws 1986, LB 474, § 14;
Laws 1993, LB 247, § 1;
Laws 2002, LB 1003, § 9.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1577 - Nebraska Soil and Water Conservation Fund; created; investment.

2-1577.
Nebraska Soil and Water Conservation Fund; created; investment.
(1) There is hereby created the Nebraska Soil and Water Conservation Fund to be administered by the department. The State Treasurer shall credit to the fund such money as is (a) appropriated to the fund by the Legislature, (b) paid to the state as fees, deposits, payments, and repayments relating to the fund, both principal and interest, and (c) donated as gifts, bequests, or other contributions to such fund from public or private entities. Funds made available by any agency of the United States may also be credited to such fund if so directed by such agency.
(2) The money in the fund shall not be subject to any fiscal-year limitation or lapse provision of unexpended balance at the end of any such fiscal year or biennium. Transfers may be made from the fund to the General Fund at the direction of the Legislature.
(3) Any money in the Nebraska Soil and Water Conservation 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 1977, LB 450, § 3;
Laws 1983, LB 236, § 3;
Laws 1986, LB 258, § 3;
Laws 1995, LB 7, § 7;
Laws 2000, LB 900, § 27;
Laws 2009, First Spec. Sess., LB3, § 3.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1578 - Commission; rules and regulations.

2-1578.
Commission; rules and regulations.
The commission shall adopt and promulgate appropriate rules and regulations necessary for the administration of the Nebraska Soil and Water Conservation Fund.
Source
Laws 1977, LB 450, § 4;
Laws 1983, LB 236, § 4;
Laws 2000, LB 900, § 28.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1579 - Fund; grants; conditions; acceptance, how construed.

2-1579.
Fund; grants; conditions; acceptance, how construed.
(1) Except as provided in subsection (2) of this section, expenditures may be made from the Nebraska Soil and Water Conservation Fund as grants to individual landowners of not to exceed seventy-five percent of the actual cost of eligible projects and practices for soil and water conservation or water quality protection, with priority given to those projects and practices providing the greatest number of public benefits.
(2) The department shall reserve at least two percent of the funds credited to the fund for grants to landowners ordered by a natural resources district pursuant to the Erosion and Sediment Control Act to install permanent soil and water conservation practices. Such funds shall be made available for ninety percent of the actual cost of the required practices and shall be granted on a first-come, first-served basis until exhausted. Applications not served shall receive priority in ensuing fiscal years.
(3) The commission shall determine which specific projects and practices are eligible for the funding assistance authorized by this section and shall adopt, by reference or otherwise, appropriate standards and specifications for carrying out such projects and practices. A natural resources district assisting the department in the administration of the program may, with commission approval, further limit the types of projects and practices eligible for funding assistance in that district.
(4) As a condition for receiving any cost-share funds pursuant to this section, the landowner shall be required to enter into an agreement that if a conservation practice is terminated or a project is removed, altered, or modified so as to lessen its effectiveness, without prior approval of the department or its delegated agent, for a period of ten years after the date of receiving payment, the landowner shall refund to the fund any public funds used for the practice or project. When deemed necessary by the department or its delegated agent, the landowner may as a further condition for receiving such funds be required to grant a right of access for the operation and maintenance of any eligible project constructed with such assistance. Acceptance of money from the fund shall not in any other manner be construed as affecting land ownership rights unless the landowner voluntarily surrenders such rights.
(5) To the extent feasible, the department and the commission shall administer the fund so that federal funds available within the state for the same general purposes are supplemented and not replaced with state funds.
Source
Laws 1977, LB 450, § 5;
Laws 1978, LB 707, § 1;
Laws 1979, LB 326, § 1;
Laws 1980, LB 687, § 1;
Laws 1983, LB 236, § 5;
Laws 1986, LB 474, § 15;
Laws 1990, LB 906, § 1;
Laws 1993, LB 247, § 2;
Laws 2000, LB 900, § 29;
Laws 2002, LB 1003, § 11;
Laws 2011, LB2, § 1.
Cross References
Erosion and Sediment Control Act, see section 2-4601.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1580 - Fund; erosion and sediment control payments; conditions.

2-1580.
Fund; erosion and sediment control payments; conditions.
Payments may be made from the Nebraska Soil and Water Conservation Fund to owners of private land which is being converted to urban use for the purpose of controlling erosion and sediment loss from construction and development. As a condition for receiving any funds pursuant to this section, the landowner shall agree in writing that the erosion and sediment control practices will be installed prior to the land-disturbing activity, when possible, and that the practices will be adequately maintained or replaced at the landowner's expense until ninety-five percent of the site is permanently stabilized. Payments made pursuant to this section shall be in accordance with and conditional upon such terms as are established by the commission. Such terms may be different from those established by section 2-1579 for payments relating to other types of projects and practices.
Source
Laws 2002, LB 1003, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1581 - Fund; payments to reduce consumptive use of water; conditions.

2-1581.
Fund; payments to reduce consumptive use of water; conditions.
Payments may be made from the Nebraska Soil and Water Conservation Fund to the owners of private land for the purpose of adopting or implementing practices or measures to reduce the consumptive use of water in river basins in which an interstate agreement, compact, or decree could require reduction in water usage.
Payments made pursuant to this section may be made as part of research, cost-sharing, or other programs implemented by natural resources districts, irrigation districts, or other entities to develop incentive-based practices or measures to reduce the consumptive use of water.
Payments made pursuant to this section shall be in accordance with terms and conditions established by the commission. The commission may establish terms and conditions for receipt of payments under this section which are different than those established for receipt of payments pursuant to section 2-1579.
Source
Laws 2003, LB 619, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1583 - Fund; land diversion payments; authorized.

2-1583.
Fund; land diversion payments; authorized.
Expenditures may be made from the Nebraska Soil and Water Conservation Fund to individual landowners as land diversion payments for the purpose of encouraging alternate cropping patterns which, when implemented, will assure a longer conservation practice construction period. No such payments shall be made until the intended projects or practices have been completed.
Source
Laws 1983, LB 236, § 6.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1584 - Department; assistance from local, state, or federal agencies.

2-1584.
Department; assistance from local, state, or federal agencies.
The department may request and utilize assistance in the administration of the Nebraska Soil and Water Conservation Fund from natural resources districts, from the Natural Resources Conservation Service and the Farm Service Agency of the United States Department of Agriculture, and from any other appropriate local, state, or federal agencies. Such assistance may include accepting and approving applications for funds and designing, laying out, and certifying the proper completion of projects and practices.
Source
Laws 1983, LB 236, § 7;
Laws 1993, LB 247, § 3;
Laws 1999, LB 403, § 3;
Laws 2000, LB 900, § 30.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1585 - Long-term agreements; authorized; conditions.

2-1585.
Long-term agreements; authorized; conditions.
If the commission determines that more effective soil and water conservation or water quality protection could be achieved if financial assistance from the Nebraska Soil and Water Conservation Fund were available for multiyear implementation of comprehensive conservation plans, the department may enter into long-term agreements with landowners for such purposes. Such long-term agreements shall be for a term not to exceed ten years and shall specify the eligible projects and practices to be installed and applied, the year of intended installation, and the estimated cost of each such project or practice. Such agreements shall also provide that financial assistance in any year of the agreement be subject to the appropriation of adequate funds by the Legislature and may provide that priority shall be given to funding such projects and practices over those not identified in other long-term agreements and over those identified in more recently executed long-term agreements. The department shall not in any biennium approve any long-term agreements which would cause the total of then existing state obligations under all such agreements to exceed the amount of new funds appropriated for that biennium.
Source
Laws 1983, LB 236, § 8;
Laws 1986, LB 258, § 4;
Laws 1993, LB 247, § 4;
Laws 2000, LB 900, § 31.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1586 - Statement of purpose.

2-1586.
Statement of purpose.
The Legislature finds that it is a public purpose of the state to properly develop the water and related land resources of the state and that it is in the public interest (1) to provide financial assistance to programs and projects essential to the development, preservation, and maintenance of the state's water and related land resources, including programs and projects for the (a) abatement of pollution, (b) reduction of potential flood damages, (c) reservation of lands for resource development projects, (d) provision of public irrigation facilities, (e) preservation and development of fish and wildlife resources, (f) protection and improvement of public lands, (g) provision of public outdoor recreation lands and facilities, (h) provision and preservation of the waters of the state for all beneficial uses, including domestic, agricultural, and manufacturing uses, (i) conservation of land resources, and (j) protection of the health, safety, and general welfare of the people, and (2) to provide financial assistance to natural resources districts in the preparation of management plans pursuant to section 46-709.
Source
Laws 1974, LB 975, § 1;
R.S.1943, (1977), § 2-3263;
Laws 1984, LB 1106, § 16;
Laws 1996, LB 108, § 1;
Laws 2004, LB 962, § 1.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1587 - Nebraska Resources Development Fund; created; reserve fund; administration; investment.

2-1587.
Nebraska Resources Development Fund; created; reserve fund; administration; investment.
(1) There is hereby created the Nebraska Resources Development Fund to be administered by the department. The State Treasurer shall credit to the fund, to carry out sections 2-1586 to 2-1595, such money as is (a) appropriated to or transferred into the fund by the Legislature, (b) paid to the state as fees, deposits, payments, and repayments relating to the fund, both principal and interest, and (c) donated as gifts, bequests, or other contributions to such fund from public or private entities. Funds made available by any department or agency of the United States may also be credited to this fund if so directed by such department or agency. The money in the fund shall not be subject to any fiscal year or biennium limitation requiring reappropriation of the unexpended balance at the end of the fiscal year or biennium. Transfers may be made from the fund to the General Fund at the direction of the Legislature.
(2) To aid in the funding of projects and to prevent excessive fluctuations in appropriation requirements for the Nebraska Resources Development Fund, the department shall create a reserve fund to be used only for projects requiring total expenditures from the Nebraska Resources Development Fund in excess of five million dollars. Unless disapproved by the Governor, the department may credit to such reserve fund that portion of any appropriation to the Nebraska Resources Development Fund which exceeds five million dollars. The department may also credit to the reserve fund such other funds as it determines are available.
(3) Any money in the Nebraska Resources Development 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 1974, LB 975, § 2;
R.S.1943, (1977), § 2-3264;
Laws 1984, LB 985, § 1;
Laws 1986, LB 258, § 5;
Laws 1995, LB 7, § 8;
Laws 2000, LB 900, § 32;
Laws 2009, First Spec. Sess., LB3, § 4;
Laws 2015, LB661, § 23.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1588 - Fund; allocation; report; projects; costs.

2-1588.
Fund; allocation; report; projects; costs.
(1) No money in the Nebraska Resources Development Fund may be reallocated by the commission in accordance with sections 2-1586 to 2-1595 for utilization by the department, by any state office, agency, board, or commission, or by any political subdivision of the state which has the authority to develop the state's water and related land resources after March 30, 2014. The commission may commit appropriated funds to projects approved as of March 30, 2014, not to exceed amounts specifically allocated to such projects prior to March 30, 2014, unless specific appropriations or transfers to exceed the March 30, 2014, allocation amounts are approved by the Legislature. If such specific appropriations or transfers are made, the commission shall develop procedures to allocate the additional funding to projects approved as of March 30, 2014. Allocations shall not exceed funds appropriated for such purpose. Any of such funds remaining after all such project costs have been completely funded shall be transferred to the Water Sustainability Fund by the State Treasurer. Prior to March 30, 2014, the Nebraska Resources Development Fund may be allocated in the form of grants or loans or for acquiring state interests in water and related land resources programs and projects undertaken within the state. The allocation of funds to a program or project in one form shall not of itself preclude additional allocations in the same or any other form to the same program or project. Funds may also be allocated to assist natural resources districts in the preparation of management plans as provided in section 46-709. Funds so allocated shall not be subject to sections 2-1589 to 2-1595.
(2) No project, including all related phases, segments, parts, or divisions, shall receive more than ten million dollars from the fund. On July 1 of each year after 1993, the director shall adjust the project cost and payment limitation of this subsection by an amount equal to the average percentage change in a readily available construction cost index for the prior three years.
(3) Prior to September 1 of each even-numbered year, a biennial report shall be made to the Governor and the Clerk of the Legislature describing the work accomplished by the use of such development fund during the immediately preceding two-year period. The report submitted to the Clerk of the Legislature shall be submitted electronically. The report shall include a complete financial statement. Each member of the Legislature shall receive an electronic copy of such report upon making a request to the director.
Source
Laws 1974, LB 975, § 3;
Laws 1979, LB 322, § 3;
Laws 1981, LB 545, § 2;
R.S.Supp.,1982, § 2-3265;
Laws 1984, LB 1106, § 17;
Laws 1985, LB 102, § 2;
Laws 1993, LB 155, § 1;
Laws 1996, LB 108, § 2;
Laws 1998, LB 656, § 5;
Laws 2000, LB 900, § 33;
Laws 2001, LB 129, § 1;
Laws 2004, LB 962, § 2;
Laws 2006, LB 1226, § 3;
Laws 2009, LB179, § 1;
Laws 2012, LB782, § 3;
Laws 2014, LB906, § 9;
Laws 2015, LB661, § 24.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1589 - Fund; allocations, grants, loans; conditions.

2-1589.
Fund; allocations, grants, loans; conditions.
(1) The commission shall adopt and promulgate rules and regulations governing the administration of the Nebraska Resources Development Fund. The commission may make an allocation from the fund as a grant to an agency or political subdivision if the commission determines that such an allocation will not be reimbursed from revenue or receipts and when the program or project appears to be of general public benefit, thereby making reimbursement of such money from local tax funds inappropriate or impossible, or when the funds are intended for a state or local contribution to a program or project requiring such contribution to meet the requirements for a matching federal grant.
(2) The commission may make an allocation from the fund as a loan to an agency or political subdivision for any program or project or any part thereof consistent with the purposes of the fund which will directly generate revenue or receipts, which can be anticipated to culminate in a program or project which will generate revenue or receipts, or which would not generate revenue or receipts but would be of general public benefit to the applicant making repayment from local tax funds appropriate.
Source
Laws 1974, LB 975, § 4;
R.S.1943, (1977), § 2-3266;
Laws 2000, LB 900, § 34.
Annotations
The adoption and implementation of a general benefit project by a natural resources district is an exercise of a power which is legislative in nature, and the requirements of due process that apply to judicial or quasi-judicial proceedings are not applicable. Fisher & Trouble Creek v. Lower Platte No. Nat. Resources Dist., 212 Neb. 196, 322 N.W.2d 403 (1982).
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1590 - Department; commission; fund; powers.

2-1590.
Department; commission; fund; powers.
In order to develop Nebraska's land and water resources, the department, with the approval of the commission, may acquire interests in water and related land resources projects in the name of the state utilizing the Nebraska Resources Development Fund. Such use of the fund shall be made when the public benefits obtained from the project or a part thereof are statewide in nature and when associated costs are determined to be more appropriately financed by other than a local organization. Such use of the fund may be made upon the determination by the department and the commission that such acquisition is appropriate under sections 2-1586 to 2-1595 and may be initiated upon a request filed in accordance with section 2-1593 or by the department itself without such a request. The department, with the approval of the commission, may also acquire interests in water resource projects in the name of the state to meet future demands for usable water. Such resource projects may include, but not be limited to, the construction of dams and reservoirs to provide surplus water storage capacity for municipal and industrial water demands and for other projects to assure an adequate quantity of usable water. In furtherance of these goals the department may contract with the federal government or any of its agencies or departments for the inclusion of additional water supply storage space behind existing or proposed structures.
Source
Laws 1974, LB 975, § 5;
R.S.1943, (1977), § 2-3267;
Laws 2000, LB 900, § 35.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1593 - Program or project; funding; review; approve or reject; procedure.

2-1593.
Program or project; funding; review; approve or reject; procedure.
Each program or project for which funding is requested, whether such request has as its origin an application or the action of the department itself, shall be reviewed as provided in sections 2-1586 to 2-1595 by the director prior to the approval of any allocation for such program or project by the commission. The director shall within a reasonable time, not to exceed six months, after receipt of such request report to the commission the results of his or her review and shall recommend approval or rejection of funding for the program or project. The director shall indicate what form of allocation he or she deems to be appropriate. In the case of an approved application recommended for a loan, the commission shall indicate the appropriate repayment period and the rate of interest. The commission shall act in accordance with such recommendations unless action to the contrary is approved by each commission member eligible to vote on the specific recommendation under consideration. No member of the commission shall be eligible to participate in the action of the commission concerning an application for funding to any entity in which such commission member has any interest. The director may be delegated additional responsibilities consistent with the purposes of sections 2-1586 to 2-1595. It shall be the sole responsibility of the commission to determine the priority in which funds are allocated for eligible programs and projects under sections 2-1586 to 2-1595.
Source
Laws 1974, LB 975, § 8;
R.S.1943, (1977), § 2-3270;
Laws 1984, LB 1106, § 19;
Laws 2000, LB 900, § 37.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1594 - Program or project; costs or acquisition of interest; approval.

2-1594.
Program or project; costs or acquisition of interest; approval.
The director may recommend approval of and the commission may approve grants or loans for program or project costs or acquisition of interests in projects if after investigation and evaluation the director finds that:
(1) The plan does not conflict with any existing Nebraska state land plan;
(2) The proposed program or project is economically and financially feasible based upon standards adopted by the commission pursuant to sections 2-1586 to 2-1595;
(3) The plan for development of the proposed program or project is satisfactory;
(4) The plan of development minimizes any adverse impacts on the natural environment;
(5) The applicant is qualified, responsible, and legally capable of carrying out the program or project;
(6) In the case of a loan, the borrower has demonstrated the ability to repay the loan and there is assurance of adequate operation, maintenance, and replacement during the repayment life of the project;
(7) The plan considers other plans and programs of the state in accordance with section 84-135 and resources development plans of the political subdivisions of the state; and
(8) The money required from the Nebraska Resources Development Fund is available.
The director and staff of the department shall carry out their powers and duties under sections 2-1586 to 2-1595 independently of and without prejudice to their powers and duties under other provisions of law.
Source
Laws 1974, LB 975, § 9;
Laws 1981, LB 326, § 11;
R.S.Supp.,1982, § 2-3271;
Laws 1984, LB 1106, § 20;
Laws 1985, LB 102, § 3;
Laws 2000, LB 900, § 38;
Laws 2001, LB 129, § 2.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1596 - Legislative intent.

2-1596.
Legislative intent.
The Legislature finds that an accelerated completion of modern soil surveys will be an asset to the State of Nebraska and good for the general welfare of the citizens of the state. The Legislature further finds that the completion of modern soil surveys can be most appropriately accomplished by accelerating, in a manner deemed appropriate by the department, state financial input into the combined state and federal effort currently being conducted cooperatively by the Natural Resources Conservation Service of the United States Department of Agriculture and the Conservation and Survey Division of the University of Nebraska. It is therefor the intent of this Legislature to embark upon an accelerated program for the completion of Nebraska's modern soil surveys and to recommend that the State of Nebraska and the Legislature appropriate the funds necessary to carry out this accelerated program during the years required for its completion.
Source
Laws 1976, LB 180, § 1;
R.S.1943, (1977), § 2-3273;
Laws 1999, LB 403, § 4;
Laws 2000, LB 900, § 40.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1597 - Nebraska Soil Survey Fund; created; purposes; administration.

2-1597.
Nebraska Soil Survey Fund; created; purposes; administration.
The Nebraska Soil Survey Fund is created. The State Treasurer shall credit to such fund for the uses and purposes of sections 2-1596 to 2-1598 such money as is specifically appropriated, and such funds, fees, donations, gifts, services, devises, or bequests of real or personal property received by the department from any source, federal, state, public or private, to be used by the department for the purposes of accelerating the completion of modern soil surveys. The department shall allocate money from the fund for the purposes of sections 2-1596 to 2-1598. The Director of Administrative Services, upon receipt of proper vouchers approved by the department, shall issue warrants on such fund, and the State Treasurer shall countersign and pay from, but not in excess of, the amounts to the credit of such fund.
Source
Laws 1976, LB 180, § 2;
R.S.1943, (1977), § 2-3274;
Laws 2000, LB 900, § 41.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1598 - Nebraska Soil Survey Fund; how expended.

2-1598.
Nebraska Soil Survey Fund; how expended.
The Nebraska Soil Survey Fund shall be expended by contractual agreement with the Conservation and Survey Division of the University of Nebraska for the purposes of accelerating the program of modern soil survey throughout the state in such manner as the department deems proper and necessary.
Source
Laws 1976, LB 180, § 3;
R.S.1943, (1977), § 2-3275;
Laws 2000, LB 900, § 42.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-1599 - Statement of purpose.

2-1599.
Statement of purpose.
In order to provide for the effective conservation and management of Nebraska's water resources, the Legislature hereby endorses the concept of a state water planning and review process. The purpose of this planning process shall be to coordinate and direct the planning efforts of the state agencies and university divisions with responsibilities and interest in the water resources field. This interagency planning process shall be designed to: (1) Provide the Legislature and the citizens of Nebraska with information and alternative methods of addressing important water policy issues and areawide or statewide water resources problems; (2) provide coordinated interagency reviews of proposed local, state, and federal water resources programs and projects; (3) develop and maintain the data, information, and analysis capabilities necessary to provide state agencies and other water interests with a support base for water planning and management activities; (4) provide the state with the capacity to plan and design water resources projects; and (5) conduct any other planning activities necessary to protect and promote the interests of the state and its citizens in the water resources of Nebraska.
Source
Laws 1981, LB 326, § 1;
R.S.Supp.,1982, § 2-3282.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,100 - Water planning and review; how conducted; assistance.

2-15,100.
Water planning and review; how conducted; assistance.
The state water planning and review process shall be conducted under the guidance and general supervision of the director. The director shall be assisted in the state water planning and review process by the Game and Parks Commission, the Department of Agriculture, the Governor's Policy Research Office, the Department of Health and Human Services, the Department of Environment and Energy, the Water Center of the University of Nebraska, and the Conservation and Survey Division of the University of Nebraska. In addition, the director may obtain assistance from any private individual, organization, political subdivision, or agency of the state or federal government.
Source
Laws 1981, LB 326, § 2;
R.S.Supp.,1982, § 2-3283;
Laws 1984, LB 1106, § 38;
Laws 1993, LB 3, § 2;
Laws 1996, LB 1044, § 37;
Laws 2000, LB 900, § 43;
Laws 2007, LB296, § 16;
Laws 2019, LB302, § 10.
2023 Nebraska Revised Statutes › Chapter 2 - Agriculture › 2-15,101 - Appropriations; procedure.

2-15,101.
Appropriations; procedure.
Appropriations may be made to the department for all or part of the costs incurred by agencies other than the department in conducting the state water planning and review process. The state budget administrator shall create a separate budget program within each agency that is to receive a portion of such appropriations. To properly account for such funds, recipients shall submit to the department, in the form prescribed by the department, documentation of all costs incurred in rendering services determined by the department to be eligible for reimbursement.
Source
Laws 1981, LB 326, § 3;
R.S.Supp.,1982, § 2-3284;
Laws 2000, LB 900, § 44.