reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1403 - Water Well Decommissioning Fund; created; use; investment.

46-1403.
Water Well Decommissioning Fund; created; use; investment.
There is hereby created the Water Well Decommissioning Fund. The State Treasurer shall credit to the fund for the uses and purposes of sections 46-1401 to 46-1405 such money as is specifically appropriated and such funds, fees, donations, gifts, services, or devises or bequests of real or personal property received by the Department of Natural Resources from any source, federal, state, public, or private, to be used by the department for the purpose of accelerating the decommissioning of illegal water wells. The department shall allocate money from the fund for purposes of sections 46-1401 to 46-1405. The fund shall be exempt from provisions relating to lapsing of appropriations. Transfers may be made from the fund to the General Fund at the direction of the Legislature. Any money in the Water Well Decommissioning 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 1994, LB 981, § 3;
Laws 1995, LB 7, § 44;
Laws 2000, LB 900, § 238;
Laws 2009, First Spec. Sess., LB3, § 22.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1404 - Water Well Decommissioning Fund; allocation; rules and regulations.

46-1404.
Water Well Decommissioning Fund; allocation; rules and regulations.
The Water Well Decommissioning Fund shall be allocated by contractual agreement with natural resources districts for the purpose of accelerating the decommissioning of illegal water wells throughout the state. The allocations each fiscal year shall be made by the Department of Natural Resources to natural resources districts in a proportion based on the number of illegal water wells decommissioned in each district in the previous fiscal year which were part of the district's cost-share program to the total number of illegal water wells decommissioned in the state in the previous fiscal year which were part of a district cost-share program. Subsequent allocations for any district which has had a cost-share program for three or more consecutive years shall be based upon the previous three-year average. The allocations may be adjusted on or after March 1 of any year if the Director of Natural Resources determines that one or more districts cannot reasonably be expected to use their full allocation for that fiscal year. Actual disbursement to each district shall be on a reimbursement basis and shall not exceed the amount expended by the district consistent with sections 46-1401 to 46-1405. The Nebraska Natural Resources Commission shall adopt and promulgate rules and regulations to carry out such sections.
Source
Laws 1994, LB 981, § 4;
Laws 2000, LB 900, § 239;
Laws 2006, LB 508, § 9.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1405 - Natural resources district; cost-sharing program; qualification for funding.

46-1405.
Natural resources district; cost-sharing program; qualification for funding.
Any natural resources district cost-sharing program for decommissioning illegal water wells may qualify for funding pursuant to section 46-1404 if the program:
(1) Applies only to water wells properly decommissioned by licensed water well contractors and pump installation contractors;
(2) Applies to all water wells in the district;
(3) Is available for at least thirty water wells per year; and
(4) Provides at least sixty percent of the costs of decommissioning, up to a maximum of five hundred dollars for all water wells other than hand-dug water wells which shall be eligible for up to a maximum of seven hundred dollars.
A natural resources district may establish maximum cost-share assistance amounts that will be provided to landowners for decommissioning water wells based on well depths and diameters to insure that landowners will be compensated for at least sixty percent of the cost of water well decommissioning.
Source
Laws 1994, LB 981, § 1;
Laws 1995, LB 871, § 7;
Laws 1996, LB 1241, § 9;
Laws 2006, LB 508, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1502 - Terms, defined.

46-1502.
Terms, defined.
For purposes of the Wellhead Protection Area Act:
(1) Controlling entity means a city, a village, a natural resources district, a rural water district, any other entity, including, but not limited to, a privately owned public water supply system, or any combination thereof operating under an agreement pursuant to the Interlocal Cooperation Act or the Joint Public Agency Act that operates a public water supply system;
(2) Department means the Department of Environment and Energy;
(3) Director means the Director of Environment and Energy; and
(4) Wellhead protection area means the surface and subsurface area surrounding a water well or well field, supplying a public water system, through which contaminants are reasonably likely to move toward and reach such water well or well field.
Source
Laws 1998, LB 1161, § 3;
Laws 1999, LB 87, § 73;
Laws 2019, LB302, § 52.
Cross References
Interlocal Cooperation Act, see section 13-801.
Joint Public Agency Act, see section 13-2501.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1503 - Wellhead protection area; designation.

46-1503.
Wellhead protection area; designation.
Any controlling entity may designate a wellhead protection area and adopt controls pursuant to the Wellhead Protection Area Act for the purpose of protecting the public water supply system. The department shall provide technical assistance to any controlling entity designating a wellhead protection area and adopting controls pursuant to the act.
Source
Laws 1998, LB 1161, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1504 - Wellhead protection area designation; controlling entity; duties.

46-1504.
Wellhead protection area designation; controlling entity; duties.
Any controlling entity proposing to designate a wellhead protection area and adopt controls shall:
(1) Designate the boundaries of the wellhead protection area following the procedure in section 46-1505. The wellhead protection area shall be based on all reasonably available hydrogeologic information on ground water flow, recharge, and discharge and other related information necessary to adequately determine the wellhead protection area for the purposes stated in this section;
(2) Identify within each proposed wellhead protection area all potential sources of contaminants which may have any adverse effect on the health of persons;
(3) Describe a program that contains, as appropriate, technical assistance, financial assistance, implementation of controls, education, training, and demonstration projects to protect the water supply within the wellhead protection area from such contaminants;
(4) Include contingency plans for the location and provision of alternate drinking water supplies for each affected public water supply system in the event of water well or well field contamination by such contaminants; and
(5) Propose the controls necessary to provide protection from contaminants which may have any adverse effect on the health of persons served by the public water supply system of each participating controlling entity.
Source
Laws 1998, LB 1161, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1505 - Proposed wellhead protection area; public notice and comment.

46-1505.
Proposed wellhead protection area; public notice and comment.
The controlling entity shall publicize proposed boundaries for the wellhead protection area and the proposed controls and shall provide time for public comment at one or more regularly scheduled public meetings of the governing board of the controlling entity. Notice of the time for public comment shall be published in conjunction with notice of such regularly scheduled meeting. A description of the proposed boundaries and the text of the proposed controls shall be available at the office of the controlling entity for thirty days before such meeting. Persons shall be given the opportunity to speak on the proposed designation and the proposed controls or to submit written testimony for consideration by the controlling entity.
Source
Laws 1998, LB 1161, § 6.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1506 - Boundaries of wellhead protection area; designation; procedure.

46-1506.
Boundaries of wellhead protection area; designation; procedure.
Within sixty days after the last time for public comment under section 46-1505, the controlling entity shall make a final designation of the boundaries of the wellhead protection area and the controls necessary to protect the water in the wellhead protection area and shall submit them to the director for approval or disapproval. Such approval shall be based on whether the boundaries of the wellhead protection area are reasonably defined, the controls are reasonably related to the purpose of ground water protection in the area, and such approval is in the public interest. The director shall act on the proposed designation of boundaries and proposed controls within ninety days after the date the proposals are received by him or her.
If the director approves the proposed boundaries and controls, he or she shall so notify the controlling entity, but the boundaries and controls shall not be deemed effective until the controlling entity has adopted such boundaries and controls by ordinance or resolution. If the director disapproves either or both of the proposals, he or she shall return the proposals to the controlling entity with an explanation of the reasons for such disapproval. The controlling entity may revise such proposed designation of boundaries and proposed controls and, after notice and hearing as provided for in the original proposed designation of boundaries and proposed controls, submit the revised proposed designation of boundaries and proposed controls to the director for approval or disapproval.
If the director does not act on either the original or revised proposed designation of boundaries and proposed controls within ninety days after submission by the controlling entity, the proposed designation of boundaries and proposed controls shall be deemed approved by the director.
Source
Laws 1998, LB 1161, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1507 - Existing wellhead protection areas; effect of act.

46-1507.
Existing wellhead protection areas; effect of act.
Any wellhead protection area established before July 15, 1998, by resolution or ordinance of the controlling entity need not be reestablished under the Wellhead Protection Area Act unless controls are proposed. If such controls are proposed, the controls and the boundaries of the wellhead protection area are subject to the requirements of sections 46-1504 to 46-1506. Any wellhead protection area purported to have been established before July 15, 1998, other than by official action of a controlling entity shall be null and void beginning nine calendar months after July 15, 1998, unless reestablished by resolution or ordinance of the controlling entity.
Source
Laws 1998, LB 1161, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1508 - Designated wellhead protection area; boundary area changes.

46-1508.
Designated wellhead protection area; boundary area changes.
A designated wellhead protection area may be amended as to boundaries and controls as provided for in the initial designation of a wellhead protection area in the Wellhead Protection Area Act.
Source
Laws 1998, LB 1161, § 9.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1602 - Definitions, where found.

46-1602.
Definitions, where found.
For purposes of the Safety of Dams and Reservoirs Act, the definitions found in sections 46-1603 to 46-1634 apply.
Source
Laws 2005, LB 335, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1603 - Abandonment, defined.

46-1603.
Abandonment, defined.
Abandonment means the process of rendering a dam incapable of impounding by (1) dewatering and filling the reservoir created by such dam with solid materials and (2) creating a stable watercourse around the site.
Source
Laws 2005, LB 335, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1604 - Adverse consequences, defined.

46-1604.
Adverse consequences, defined.
Adverse consequences means negative impacts that may occur upstream, downstream, or at locations remote from the dam, including, but not limited to, loss of human life, economic loss including property damage, and lifeline disruption.
Source
Laws 2005, LB 335, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1605 - Alterations, defined.

46-1605.
Alterations, defined.
Alterations means alterations to an existing dam that directly affect the safety of the dam or reservoir, as determined by the department, but does not include maintenance and repair of the dam to retain its initial structural integrity.
Source
Laws 2005, LB 335, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1606 - Application approval, defined.

46-1606.
Application approval, defined.
Application approval means authorization in writing issued by the department to an owner who has applied to the department for permission to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam and which specifies the conditions or limitations under which work is to be performed by the owner or under which approval is granted.
Source
Laws 2005, LB 335, § 6.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1607 - Approval to operate, defined.

46-1607.
Approval to operate, defined.
Approval to operate means authorization in writing issued by the department to an owner who has completed construction, reconstruction, enlargement, or alteration of a dam.
Source
Laws 2005, LB 335, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1608 - Appurtenant works, defined.

46-1608.
Appurtenant works, defined.
Appurtenant works include, but are not limited to: Structures such as spillways, either in or separate from the dam; the reservoir and its rim; low-level outlet works; and water conduits including, but not limited to, tunnels, pipelines, or penstocks, either through the dam or its abutments.
Source
Laws 2005, LB 335, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1611 - Dam, defined.

46-1611.
Dam, defined.
(1) Dam means any artificial barrier, including appurtenant works, with the ability to impound water, wastewater, or liquid-borne materials and which (a) is twenty-five feet or more in height from the natural bed of the stream or watercourse measured at the downstream toe of the barrier, or from the lowest elevation of the outside limit of the barrier if it is not across a stream channel or watercourse, to the maximum storage elevation or (b) has an impounding capacity at maximum storage elevation of fifty acre-feet or more, except that any barrier described in this subsection which is not in excess of six feet in height or which has an impounding capacity at maximum storage elevation of not greater than fifteen acre-feet shall be exempt, unless such barrier, due to its location or other physical characteristics, is classified as a high hazard potential dam.
(2) Dam does not include:
(a) An obstruction in a canal used to raise or lower water;
(b) A fill or structure for highway or railroad use, but if such structure serves, either primarily or secondarily, additional purposes commonly associated with dams it shall be subject to review by the department;
(c) Canals, including the diversion structure, and levees; or
(d) Water storage or evaporation ponds regulated by the United States Nuclear Regulatory Commission.
Source
Laws 2005, LB 335, § 11.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1615 - Emergency, defined.

46-1615.
Emergency, defined.
Emergency includes, but is not limited to, breaches and all conditions leading to or causing a breach, overtopping, or any other condition in a dam that may be construed as unsafe or threatening to life.
Source
Laws 2005, LB 335, § 15.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1616 - Engineer, defined.

46-1616.
Engineer, defined.
Engineer means a professional engineer licensed under the Engineers and Architects Regulation Act who (1) is competent in areas related to dam investigation, design, construction, and operation for the type of dam being investigated, designed, constructed, or operated, (2) has at least four years of relevant experience in investigation, design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams, and (3) understands adverse consequences and dam failures.
Source
Laws 2005, LB 335, § 16.
Cross References
Engineers and Architects Regulation Act, see section 81-3401.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1618 - Hazard potential classification, defined.

46-1618.
Hazard potential classification, defined.
Hazard potential classification means classification of dams according to the degree of incremental adverse consequences of a failure or misoperation of a dam but does not reflect on the current condition of a dam, including, but not limited to, safety, structural integrity, or flood routing capacity.
Source
Laws 2005, LB 335, § 18.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1620 - Incremental, defined.

46-1620.
Incremental, defined.
Incremental means the difference in impacts that would occur due to failure or misoperation of the dam over the impacts that would occur without failure or misoperation of the dam.
Source
Laws 2005, LB 335, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1621 - Low hazard potential, defined.

46-1621.
Low hazard potential, defined.
Low hazard potential means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life and in low economic loss.
Source
Laws 2005, LB 335, § 21.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1622 - Maximum storage, defined.

46-1622.
Maximum storage, defined.
Maximum storage means the reservoir storage capacity between the top of dam elevation, or the maximum routed elevation of the probable maximum flood if lower than the top of dam elevation, and the lowest downstream toe or outside limit elevation of the dam.
Source
Laws 2005, LB 335, § 22.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1623 - Minimal hazard potential, defined.

46-1623.
Minimal hazard potential, defined.
Minimal hazard potential means a hazard potential classification such that failure or misoperation of the dam would likely result in no economic loss beyond the cost of the structure itself and losses principally limited to the owner's property.
Source
Laws 2005, LB 335, § 23.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1625 - Owner, defined.

46-1625.
Owner, defined.
Owner includes any of the following who or which owns, controls, manages, or proposes to construct, reconstruct, enlarge, alter, breach, remove, or abandon a dam:
(1) The United States Government and its departments, agencies, and bureaus;
(2) The state and its departments, institutions, agencies, and political subdivisions;
(3) A municipal or quasi-municipal corporation;
(4) A public utility;
(5) A district;
(6) A person;
(7) A duly authorized agent, lessee, or trustee of any person or entity listed in this section; and
(8) A receiver or trustee appointed by a court for any person or entity listed in this section.
Source
Laws 2005, LB 335, § 25.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1626 - Person, defined.

46-1626.
Person, defined.
Person means any individual, partnership, limited liability company, association, public or private corporation, trustee, receiver, assignee, agent, municipality, other political subdivision, public agency, or other legal entity or any officer or governing or managing body of any public or private corporation, municipality, other political subdivision, public agency, or other legal entity.
Source
Laws 2005, LB 335, § 26.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1631 - Reservoir, defined.

46-1631.
Reservoir, defined.
Reservoir means any basin which contains or will contain impounded water, wastewater, or liquid-borne materials by virtue of such water, wastewater, or liquid-borne materials having been impounded by a dam.
Source
Laws 2005, LB 335, § 31.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1632 - Significant hazard potential, defined.

46-1632.
Significant hazard potential, defined.
Significant hazard potential means a hazard potential classification such that failure or misoperation of the dam would result in no probable loss of human life but could result in major economic loss, environmental damage, or disruption of lifeline facilities.
Source
Laws 2005, LB 335, § 32.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1634 - Top of dam elevation, defined.

46-1634.
Top of dam elevation, defined.
Top of dam elevation means the maximum design elevation for the top of the dam, including design freeboard allowances but excluding any allowance for settlement due to consolidation of foundation and embankment.
Source
Laws 2005, LB 335, § 34.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1635 - Purposes of act.

46-1635.
Purposes of act.
The purposes of the Safety of Dams and Reservoirs Act are to regulate all dams and associated reservoirs for the protection of public health, safety, and welfare and to minimize the adverse consequences associated with the potential failure of such dams and reservoirs.
Source
Laws 2005, LB 335, § 35.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1636 - Applicability of other law.

46-1636.
Applicability of other law.
The Safety of Dams and Reservoirs Act does not relieve the owner or operator of a dam or reservoir from obtaining any necessary approvals from the department under sections 46-233 to 46-241 or from any other local, state, or federal regulatory authority.
Source
Laws 2005, LB 335, § 36.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1637 - Regulation by political subdivisions; restrictions; conditions.

46-1637.
Regulation by political subdivisions; restrictions; conditions.
(1) Except as provided in subsections (2) and (4) of this section, no city, village, or county may, by ordinance or resolution enacted by the legislative body thereof or adopted by the people, (a) regulate, supervise, or provide for the regulation or supervision of any dams and associated reservoirs or the construction, reconstruction, enlargement, repair, alteration, operation, breach, removal, or abandonment thereof or (b) limit the size or the impounding capacity of a dam if such action would conflict with the power and authority vested in the department pursuant to the Safety of Dams and Reservoirs Act.
(2) A city, village, or county may adopt ordinances or resolutions (a) regulating, supervising, or providing for the regulation or supervision of dams and reservoirs that are not within the state's jurisdiction and are not subject to regulation, owned, or operated by another public agency or body or (b) which apply only to adjacent structures not germane to the safety of the dam, such as, but not limited to, roads and fences.
(3) A city, village, or county may institute overlay zoning precluding construction of structures downstream of a state-permitted dam that is classified as having other than a high hazard potential if a breach-inundation study performed by an engineer, in accordance with generally accepted engineering practice, determines that construction of such structures would require that such dam be reclassified as having a high hazard potential. The owners of such dam shall provide such engineering study as a condition to requesting such overlay zoning.
(4) The Safety of Dams and Reservoirs Act does not preempt or supersede any local zoning ordinances, resolutions, rules, or regulations regarding special use permits enacted by a political subdivision with respect to permit applications for livestock waste control facilities.
Source
Laws 2005, LB 335, § 37.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1638 - Plans and specifications; responsibility of engineer.

46-1638.
Plans and specifications; responsibility of engineer.
All plans and specifications for construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams and supervision of construction shall be the responsibility of an engineer assisted by qualified engineering geologists and other specialists as necessary.
Source
Laws 2005, LB 335, § 38.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1639 - Immunity from liability; when.

46-1639.
Immunity from liability; when.
(1) No action shall be brought against the state, the department, or its agents or employees for the recovery of damages caused by the partial or total failure of any dam by reason of control and regulation thereof pursuant to the Safety of Dams and Reservoirs Act, including, but not limited to, any of the following:
(a) Design and construction application approval of the dam or approval of interim flood routing plans during construction, reconstruction, enlargement, alteration, breach, removal, or abandonment;
(b) The issuance or enforcement of orders relative to maintenance or operation of the dam;
(c) Control and regulation of the dam;
(d) Measures taken to protect against failure of the dam during an emergency, except for negligent acts of the department in assuming control of a dam during an emergency; or
(e) Failure to act.
(2) The Safety of Dams and Reservoirs Act does not relieve an owner or operator of a dam of the legal duties, obligations, or liabilities incident to the ownership or operation of the dam.
Source
Laws 2005, LB 335, § 39.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1640 - Orders and approval; effect.

46-1640.
Orders and approval; effect.
The findings and orders of the department, an application approval, and an approval to operate any dam issued by the department are final, conclusive, and binding upon all owners and state agencies, regulatory or otherwise, as to the safety of design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of any dam.
The department may report all dam incidents as defined by the National Performance of Dams Program to the National Performance of Dams Program archive.
Source
Laws 2005, LB 335, § 40.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1641 - Change of ownership; notification.

46-1641.
Change of ownership; notification.
The owner of any dam subject to the Safety of Dams and Reservoirs Act shall notify the department of any change in the ownership of the dam. Notification shall be in such form and include such evidence of ownership as the director may by rule and regulation require.
Source
Laws 2005, LB 335, § 41.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1642 - Livestock waste control facility; approvals required.

46-1642.
Livestock waste control facility; approvals required.
An applicant for a permit for a livestock waste control facility which includes a dam, holding pond, or lagoon for which approval by the Department of Natural Resources is not otherwise required but for which approval by the Department of Environment and Energy under section 54-2429 is required shall submit an application for approval along with plans, drawings, and specifications to the Department of Natural Resources and obtain approval from the Department of Natural Resources before beginning construction. The Department of Natural Resources shall approve or deny the dam, holding pond, or lagoon pursuant to this section within sixty days after such application is submitted.
Source
Laws 2005, LB 335, § 42;
Laws 2019, LB302, § 53.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1643 - Administrative or judicial recourse; not affected.

46-1643.
Administrative or judicial recourse; not affected.
The Safety of Dams and Reservoirs Act does not deprive the owner of any administrative or judicial recourse to the courts to which such owner is entitled under the laws of this state.
Source
Laws 2005, LB 335, § 43.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1644 - Department; employ personnel.

46-1644.
Department; employ personnel.
The department shall employ an engineer and such individuals otherwise qualified by training and experience in the design, inspection, construction, reconstruction, enlargement, repair, alteration, maintenance, operation, breach, removal, or abandonment of dams as necessary to carry out the Safety of Dams and Reservoirs Act.
Source
Laws 2005, LB 335, § 44.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1645 - Consulting board required; when; liability for costs.

46-1645.
Consulting board required; when; liability for costs.
When the safety and technical considerations pertaining to an application approval, an approval to operate, or the plans and specifications of a dam require it, or when requested in writing by the owner, the department shall appoint a consulting board of three or more consultants to report to the department on the safety features involved. The cost and expense of a consulting board, if appointed at the request of an owner, shall be paid by the owner.
Source
Laws 2005, LB 335, § 45.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1646 - Dams; review and approval required; when.

46-1646.
Dams; review and approval required; when.
(1) The department shall review and approve the design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of all dams in the state for the protection of life and property as provided in the Safety of Dams and Reservoirs Act.
(2) No person shall construct, reconstruct, enlarge, alter, breach, remove, or abandon any dam without approval by the department.
(3) An owner of a dam who has entered into a cooperative agreement with the department pursuant to subdivision (2)(d) of section 46-1663 shall be deemed to be in compliance with the act.
Source
Laws 2005, LB 335, § 46.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1647 - Potentially hazardous dams; emergency action plans.

46-1647.
Potentially hazardous dams; emergency action plans.
(1) In order to protect life and property, the owner of every high hazard potential dam shall develop and periodically test and update an emergency action plan to be implemented in the event of an emergency involving such dam. In order to protect life and property, the department may require the owners of any significant hazard potential dam to develop and periodically test and update an emergency action plan to be implemented in the event of an emergency involving such dams.
(2) Such emergency action plan shall include, but not be limited to, the following elements:
(a) Emergency notification plan with flowchart;
(b) A statement of purpose;
(c) A project description;
(d) Emergency detection, evaluation, and classification;
(e) General responsibilities;
(f) Preparedness;
(g) Inundation maps or other acceptable description of the inundated area; and
(h) Appendices.
(3) For purposes of evaluating the adequacy of an emergency action plan, the department shall review, evaluate for adequacy, and approve or disapprove each emergency action plan submitted under this section. The department shall accept emergency action plans developed for dams under a federal dam safety program.
(4) If the department determines that a dam constitutes an immediate risk to life or property, the department shall order the owner to take such action as is necessary to remove such risk.
Source
Laws 2005, LB 335, § 47.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1648 - Right of entry upon private property; when; immunity.

46-1648.
Right of entry upon private property; when; immunity.
In making any investigation or inspection necessary to enforce or implement the Safety of Dams and Reservoirs Act, the department or its representatives, upon reasonable notice, may enter upon private property of the dam and reservoir owner as necessary. Such right of entry shall extend to all employees, surveyors, or other agents of the department in the official performance of their duties, and such persons shall not be liable for prosecution for trespass when performing their official duties.
Source
Laws 2005, LB 335, § 48.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1649 - Department; investigations and studies.

46-1649.
Department; investigations and studies.
(1) The department may investigate and gather or cause the owner to gather such data, including advances made in safety practices elsewhere, as may be needed for a proper review and study of the various features of the design, construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of dams.
(2) The department may make or cause the owner to make such watershed investigations and studies as are necessary to keep abreast of developments affecting runoff and peak storm discharges in the vicinity of a dam.
(3) The department may make or cause the owner to make such seismic investigations and studies as may be necessary to keep abreast of developments affecting seismic stability of a dam.
Source
Laws 2005, LB 335, § 49.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1650 - Department; enforcement; powers.

46-1650.
Department; enforcement; powers.
(1) The department may take any administrative or legal action necessary for the enforcement of the Safety of Dams and Reservoirs Act.
(2) An action or proceeding under this section may be initiated whenever any owner or any person acting as an agent of any owner:
(a) Fails to comply with the requirements imposed by the act or by any application approval, approval to operate, order, rule, regulation, or requirement of the department under the act; or
(b) Commits or allows the commission of violations of the act or of any application approval, approval to operate, order, rule, regulation, or requirement of the department under the act.
(3) Any action or proceeding under this section shall be initiated either administratively or in a court in a jurisdiction in which:
(a) The dam, area of hazard potential, or some part thereof exists;
(b) The person named in the complaint has its principal place of business; or
(c) The person named in the complaint resides.
Source
Laws 2005, LB 335, § 50.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1651 - Rules and regulations.

46-1651.
Rules and regulations.
(1) The department may adopt and promulgate rules and regulations containing standards for the design, inspection, construction, reconstruction, enlargement, alteration, breach, removal, abandonment, and periodic testing of emergency action plans of dams to carry out the purposes of the Safety of Dams and Reservoirs Act. Such rules and regulations may also include, but are not limited to, establishing:
(a) Standards and criteria for the siting and design of dams, considering both existing and projected conditions which may affect the safety of a project during its construction and operational life;
(b) Requirements for operation of dams, including operational plans to be prepared and implemented by owners;
(c) Requirements for monitoring, inspection, and reporting of conditions affecting the safety of dams; and
(d) Requirements for emergency action plans to be prepared and implemented by owners in cooperation with emergency management authorities.
(2) In adopting rules and regulations applicable to dams which may have a high hazard potential or a significant hazard potential, the department may consider:
(a) The state of scientific and technological knowledge and good engineering practices relating to various types of dams;
(b) The economic impact of a failure of a structure upon the state and its citizens; and
(c) The relationship of dams in hydrologic management in the watershed as a whole.
Source
Laws 2005, LB 335, § 51.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1652 - Construction or enlargement of dam; application for approval; contents.

46-1652.
Construction or enlargement of dam; application for approval; contents.
(1) Construction of any new dam or the enlargement of any dam shall not commence until the owner has applied for and obtained from the department written application approval of plans and specifications.
(2) A separate application for each dam shall be filed with the department upon forms provided by the department. Plans and specifications signed and sealed by the design engineer shall accompany the application.
(3) The application shall provide the following information:
(a) The name and address of the owner;
(b) The name and address of the applicant, if different from the owner;
(c) The name and address of the operator or other person to be contacted regarding arrangements for inspections or other matters associated with the dam;
(d) The location, type, size, purpose, and height of the proposed dam;
(e) The reservoir surface areas and associated storage capacity at elevation intervals not exceeding two feet;
(f) Plans for proposed permanent instrument installations in the dam;
(g) The area of the drainage basin, rainfall records, streamflow records, and flood flow records and estimates, if available;
(h) Maps and design drawings showing plans, elevations, and sections of all principal structures and appurtenant works with other features of the project in sufficient detail, including design analyses, to determine safety, adequacy, and suitability of design;
(i) The estimated construction cost of the dam; and
(j) Such other pertinent information as the department requires.
(4) The department may, when in its judgment it is necessary, also require the following:
(a) Data concerning subsoil and rock foundation conditions and the materials involved in the construction of the dam;
(b) Investigations of, and reports on, subsurface conditions, exploratory pits, trenches and adits, drilling, coring, and geophysical tests to measure in place and in the laboratory the properties and behavior of foundation materials at the dam site;
(c) Investigations and reports on the geology of the dam site, possible geologic hazards, seismic activity, faults, weak seams and joints, availability and quality of construction materials, and other pertinent features; and
(d) Other appropriate information.
(5) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the department within ninety days after it is returned to the applicant or within such additional time as may be allowed by the department. If the application is returned to the department after expiration of such time period, it shall be dismissed.
Source
Laws 2005, LB 335, § 52.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1653 - Modifications to existing dam; application for approval; contents; exemption.

46-1653.
Modifications to existing dam; application for approval; contents; exemption.
(1) Before commencing the reconstruction or alteration of a dam or the abandonment, breach, or removal of a dam so that it no longer constitutes a dam, the owner shall file an application and secure the written application approval of the department.
(2) The application shall give such pertinent information or data concerning the dam as may be required by the department.
(3) The application shall give the name and address of the applicant and shall adequately detail, with appropriate references to the existing dam, the proposed reconstruction, alteration, abandonment, breach, or removal of the dam. The application shall be accompanied by plans and specifications signed and sealed by the design engineer. The department may waive any of the requirements of this section if the requirements are unnecessary for the application approval.
(4) If an application is incomplete or defective, it shall be returned to the applicant to complete or to correct the defects. The application shall be corrected and returned to the department within ninety days after it is returned to the applicant or within such additional time as may be allowed by the department. If the application is returned to the department after expiration of such time period, it shall be dismissed.
(5) In case of an emergency in which the department declares that repairs or breaching of the dam are necessary to safeguard life and property, repairs or breaching shall be started immediately by the owner or by the department at the owner's expense. The department shall be notified within twenty-four hours of emergency repairs or breaching when instituted by the owner.
(6) The proposed repairs or breaching shall conform to any orders issued by the department.
Source
Laws 2005, LB 335, § 53.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1654 - Application approval; issuance; public hearing; notice to department; when.

46-1654.
Application approval; issuance; public hearing; notice to department; when.
(1) Approval of applications for which approval under sections 46-233 to 46-242 is not required shall be issued within ninety days after receipt of the completed application plus any extensions of time required to resolve matters diligently pursued by the applicant. At the discretion of the department, one or more public hearings may be held on an application.
(2) Approval of applications under the Safety of Dams and Reservoirs Act, for which approval under sections 46-233 to 46-242 is required, shall not be issued until all pending matters before the department under the Safety of Dams and Reservoirs Act or such sections have been resolved and approved.
(3) Application approval shall be granted with terms, conditions, and limitations necessary to safeguard life and property.
(4) If actual construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of the dam is not commenced within the time established by the department, the application approval becomes void, except that the department may, upon written application and for good cause shown, extend the time for commencing construction, reconstruction, enlargement, alteration, breach, removal, or abandonment. If approval under sections 46-233 to 46-242 is also required, the department may not extend the time for commencing construction without following the procedures and granting a similar extension under subsection (2) of section 46-238.
(5) Written notice shall be provided to the department at least ten days before construction, reconstruction, enlargement, alteration, breach, removal, or abandonment is to begin and such other notices shall be given to the department as it may require.
Source
Laws 2005, LB 335, § 54;
Laws 2009, LB209, § 2;
Laws 2011, LB32, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1655 - Fees.

46-1655.
Fees.
(1) The application for approval of construction, reconstruction, enlargement, alteration, breach, removal, or abandonment of a dam shall be accompanied by a filing fee as established by rule and regulation of the department but not to exceed (a) two hundred dollars for a dam less than twenty-five feet in height, (b) three hundred dollars for a dam twenty-five feet in height to not more than fifty feet in height, and (c) four hundred dollars for a dam in excess of fifty feet in height.
(2) Only one filing fee shall be collected for an enlargement by flashboards, sandbags, earthen levees, gates, or other works, devices, or obstructions which are from time to time to be removed and replaced or opened and shut and thereby operated so as to vary the surface elevation of the reservoir.
(3) A dam subject to the Safety of Dams and Reservoirs Act and for which plans and specifications have been approved prior to September 4, 2005, shall not be required to pay any additional fee or submit an additional application for approval unless such dam requires reconstruction, enlargement, alteration, breach, removal, or abandonment.
(4) An application shall not be considered by the department until the filing fee is received.
(5) Fees collected by the department under this section shall be remitted to the State Treasurer for credit to the Dam Safety Cash Fund.
Source
Laws 2005, LB 335, § 55.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1656 - Dam Safety Cash Fund; created; use; investment.

46-1656.
Dam Safety Cash Fund; created; use; investment.
The Dam Safety Cash Fund is created. The fund shall consist of fees credited pursuant to section 46-1655 and any money specifically appropriated to the fund by the Legislature. Money in the fund shall not be subject to any fiscal-year limitation or provision for lapse of unexpended balance at the end of any fiscal year or biennium. The fund shall be administered by the department. Money in the fund may be expended by the department for costs incurred by the department in the administration of the Safety of Dams and Reservoirs Act. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.
Source
Laws 2005, LB 335, § 56.
Cross References
Nebraska Capital Expansion Act, see section 72-1269.
Nebraska State Funds Investment Act, see section 72-1260.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-1657 - New or modified dam; owner; filing requirements; approval to operate; issuance.

46-1657.
New or modified dam; owner; filing requirements; approval to operate; issuance.
(1) Upon completion of a new or reconstructed dam and reservoir or of the enlargement of a dam and reservoir, the owner shall file with the department, without a filing fee, a completion certification accompanied by supplementary drawings or descriptive matter signed and sealed by the design engineer, showing or describing the work as actually completed. Such supplementary materials may include, but need not be limited to, the following as determined by the department:
(a) A record of all geological boreholes and grout holes and grouting;
(b) A record of permanent location points, benchmarks, and instruments embedded in the structure;
(c) A record of tests of concrete or other material used in the construction, reconstruction, or enlargement of the dam; and
(d) A record of initial seepage flows and embedded instrument readings.
(2) In connection with the enlargement of a dam, the supplementary drawings and descriptive matter need apply only to the new work.
(3) An approval to operate shall be issued by the department upon a finding by the department that the dam is safe to impound within the limitations prescribed in the application approval. No impoundment by the structure shall occur prior to issuance of the approval to operate.
Source
Laws 2005, LB 335, § 57;
Laws 2017, LB154, § 1.