reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-690 - Act, how cited.

46-690.
Act, how cited.
Sections 46-675 to 46-690 shall be known and may be cited as the Industrial Ground Water Regulatory Act.
Source
Laws 1981, LB 56, § 16;
Laws 1986, LB 309, § 6;
Laws 1993, LB 789, § 10;
Laws 2005, LB 335, § 79.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-691.01 - Transfer off overlying land for domestic use; limitations; liability.

46-691.01.
Transfer off overlying land for domestic use; limitations; liability.
Any person other than a public water supplier as defined in section 46-638 may transfer ground water off the overlying land for the purpose of domestic use of ground water required for human needs as it relates to health, fire control, and sanitation if (1) the location and use of the water well and any pipeline or other means of conveyance are authorized by easement or other adequate property interest on all land on which such water well and pipeline or other means of conveyance are located and (2) the capacity of the water well or series of water wells connected together for such purposes does not exceed fifty gallons per minute. Such person may be liable for damages for interference with the use of ground water by another person only if the withdrawal of ground water for such domestic use unreasonably causes harm to another person through the lowering of the water table or by reducing artesian pressure.
Source
Laws 2001, LB 472, § 1.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-691.02 - Transfer off overlying land for domestic use; applicability of section.

46-691.02.
Transfer off overlying land for domestic use; applicability of section.
Section 46-691.01 applies to all such transfers and uses of ground water before, on, and after September 1, 2001.
Source
Laws 2001, LB 472, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-701 - Act, how cited.

46-701.
Act, how cited.
Sections 46-701 to 46-756 shall be known and may be cited as the Nebraska Ground Water Management and Protection Act.
Source
Laws 1975, LB 577, § 24;
Laws 1981, LB 146, § 12;
Laws 1982, LB 375, § 22;
Laws 1984, LB 1071, § 15;
Laws 1986, LB 894, § 31;
Laws 1991, LB 51, § 8;
Laws 1994, LB 480, § 27;
R.S.Supp.,1994, § 46-674;
Laws 1996, LB 108, § 7;
Laws 2003, LB 619, § 9;
R.S.Supp.,2003, § 46-656.01;
Laws 2004, LB 962, § 41;
Laws 2006, LB 1226, § 19;
Laws 2009, LB477, § 3;
Laws 2014, LB1098, § 13.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-704 - Management area; legislative findings.

46-704.
Management area; legislative findings.
The Legislature also finds that:
(1) The levels of nitrate nitrogen and other contaminants in ground water in certain areas of the state are increasing;
(2) Long-term solutions should be implemented and efforts should be made to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards;
(3) Agriculture has been very productive and should continue to be an important industry to the State of Nebraska;
(4) Natural resources districts have the legal authority to regulate certain activities and, as local entities, are the preferred regulators of activities which may contribute to ground water contamination in both urban and rural areas;
(5) The Department of Environment and Energy should be given authority to regulate sources of contamination when necessary to prevent serious deterioration of ground water quality;
(6) The powers given to districts and the Department of Environment and Energy should be used to stabilize, reduce, and prevent the increase or spread of ground water contamination; and
(7) There is a need to provide for the orderly management of ground water quality in areas where available data, evidence, and other information indicate that present or potential ground water conditions require the designation of such areas as management areas.
Source
Laws 1986, LB 894, § 1;
Laws 1993, LB 3, § 14;
R.S.1943, (1993), § 46-674.02;
Laws 1996, LB 108, § 9;
R.S.1943, (1998), § 46-656.03;
Laws 2004, LB 962, § 44;
Laws 2019, LB302, § 25.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-705 - Act; how construed.

46-705.
Act; how construed.
Nothing in the Nebraska Ground Water Management and Protection Act shall be construed to limit the powers of the Department of Environment and Energy provided in the Nebraska Safe Drinking Water Act.
Nothing in the Nebraska Ground Water Management and Protection Act relating to the contamination of ground water is intended to limit the powers of the Department of Environment and Energy provided in Chapter 81, article 15.
Source
Laws 1986, LB 894, § 19;
R.S.1943, (1993), § 46-674.20;
Laws 1996, LB 108, § 10;
Laws 1996, LB 1044, § 261;
R.S.1943, (1998), § 46-656.04;
Laws 2004, LB 962, § 45;
Laws 2007, LB296, § 203;
Laws 2019, LB302, § 26;
Laws 2021, LB148, § 55.
Cross References
Nebraska Safe Drinking Water Act, see section 71-5313.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-708 - Action to control or prevent runoff of water; natural resources district; rules and regulations; power to issue cease and desist orders; notice; hearing.

46-708.
Action to control or prevent runoff of water; natural resources district; rules and regulations; power to issue cease and desist orders; notice; hearing.
(1) In order to conserve ground water supplies and to prevent the inefficient or improper runoff of such ground water, each person who uses ground water irrigation in the state shall take action to control or prevent the runoff of water used in such irrigation.
(2) Each district shall adopt, following public hearing, notice of which shall be given in the manner provided in section 46-743, rules and regulations necessary to control or prohibit surface runoff of water derived from ground water irrigation. Such rules and regulations shall prescribe (a) standards and criteria delineating what constitutes the inefficient or improper runoff of ground water used in irrigation, (b) procedures to prevent, control, and abate such runoff, (c) measures for the construction, modification, extension, or operation of remedial measures to prevent, control, or abate runoff of ground water used in irrigation, and (d) procedures for the enforcement of this section.
(3) Each district may, upon three days' notice to the person affected, stating the contemplated action and in general the grounds therefor, and upon reasonable opportunity to be heard, issue cease and desist orders to enforce any of the provisions of this section or rules and regulations issued pursuant to this section.
Source
Laws 1975, LB 577, § 9;
Laws 1978, LB 217, § 1;
R.S.1943, (1993), § 46-664;
Laws 1996, LB 108, § 17;
R.S.1943, (1998), § 46-656.11;
Laws 2004, LB 962, § 48;
Laws 2014, LB513, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-709 - Ground water management plan; required; contents.

46-709.
Ground water management plan; required; contents.
Each district shall maintain a ground water management plan based upon the best available information and shall submit amendments to such plan to the Director of Natural Resources for review and approval.
The plan shall include, but not be limited to, the identification to the extent possible of:
(1) Ground water supplies within the district including transmissivity, saturated thickness maps, and other ground water reservoir information, if available;
(2) Local recharge characteristics and rates from any sources, if available;
(3) Average annual precipitation and the variations within the district;
(4) Crop water needs within the district;
(5) Current ground water data-collection programs;
(6) Past, present, and potential ground water use within the district;
(7) Ground water quality concerns within the district;
(8) Proposed water conservation and supply augmentation programs for the district;
(9) The availability of supplemental water supplies, including the opportunity for ground water recharge;
(10) The opportunity to integrate and coordinate the use of water from different sources of supply;
(11) Ground water management objectives, including a proposed ground water reservoir life goal for the district. For management plans adopted or revised after July 19, 1996, the ground water management objectives may include any proposed integrated management objectives for hydrologically connected ground water and surface water supplies but a management plan does not have to be revised prior to the adoption or implementation of an integrated management plan pursuant to section 46-718 or 46-719;
(12) Existing subirrigation uses within the district;
(13) The relative economic value of different uses of ground water proposed or existing within the district; and
(14) The geographic and stratigraphic boundaries of any proposed management area.
If the expenses incurred by a district preparing or amending a ground water management plan exceed twenty-five percent of the district's current budget, the district may make application to the Nebraska Resources Development Fund for assistance.
Each district's ground water management plan shall also identify, to the extent possible, the levels and sources of ground water contamination within the district, ground water quality goals, long-term solutions necessary to prevent the levels of ground water contaminants from becoming too high and to reduce high levels sufficiently to eliminate health hazards, and practices recommended to stabilize, reduce, and prevent the occurrence, increase, or spread of ground water contamination.
Source
Laws 1982, LB 375, § 3;
Laws 1983, LB 378, § 3;
Laws 1984, LB 1106, § 37;
R.S.1943, (1993), § 46-673.01;
Laws 1996, LB 108, § 18;
Laws 2000, LB 900, § 191;
Laws 2003, LB 619, § 12;
R.S.Supp.,2003, § 46-656.12;
Laws 2004, LB 962, § 49.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-710 - Ground water management plan preparation or modification; district; solicit and utilize information.

46-710.
Ground water management plan preparation or modification; district; solicit and utilize information.
During preparation or modification of a ground water management plan, the district shall actively solicit public comments and opinions and shall utilize and draw upon existing research, data, studies, or any other information which has been compiled by or is in the possession of state or federal agencies, natural resources districts, or any other subdivision of the state. State agencies, districts, and other subdivisions shall furnish information or data upon the request of any district preparing or modifying such a plan. A district shall not be required to initiate new studies or data-collection efforts or to develop computer models in order to prepare or modify a plan.
Source
Laws 1982, LB 375, § 4;
R.S.1943, (1993), § 46-673.02;
Laws 1996, LB 108, § 19;
R.S.1943, (1998), § 46-656.13;
Laws 2004, LB 962, § 50.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-711 - Ground water management plan; director; review; duties.

46-711.
Ground water management plan; director; review; duties.
(1) The Director of Natural Resources shall review any ground water management plan or plan modification submitted by a district to ensure that the best available studies, data, and information, whether previously existing or newly initiated, were utilized and considered and that such plan is supported by and is a reasonable application of such information. If a management area is proposed and the primary purpose of the proposed management area is protection of water quality, the director shall consult with the Department of Environment and Energy regarding approval or denial of the management plan. The director shall consult with the Conservation and Survey Division of the University of Nebraska and such other state or federal agencies the director shall deem necessary when reviewing plans. Within ninety days after receipt of a plan, the director shall transmit his or her specific findings, conclusions, and reasons for approval or disapproval to the district submitting the plan.
(2) If the Director of Natural Resources disapproves a ground water management plan, the district which submitted the plan shall, in order to establish a management area, submit to the director either the original or a revised plan with an explanation of how the original or revised plan addresses the issues raised by the director in his or her reasons for disapproval. Once a district has submitted an explanation pursuant to this section, such district may proceed to schedule a hearing pursuant to section 46-712.
Source
Laws 1982, LB 375, § 5;
Laws 1986, LB 894, § 27;
Laws 1993, LB 3, § 12;
R.S.1943, (1993), § 46-673.03;
Laws 1996, LB 108, § 20;
Laws 2000, LB 900, § 192;
R.S.Supp.,2002, § 46-656.14;
Laws 2004, LB 962, § 51;
Laws 2019, LB302, § 29.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-716 - Integrated management plan; surface water controls.

46-716.
Integrated management plan; surface water controls.
(1) The surface water controls that may be included in an integrated management plan and may be adopted by the Department of Natural Resources are: (a) Increased monitoring and enforcement of surface water diversion rates and amounts diverted annually; (b) the prohibition or limitation of additional surface water appropriations; (c) requirements for surface water appropriators to apply or utilize reasonable conservation measures consistent with good husbandry and other requirements of section 46-231 and consistent with reasonable reliance by other surface water or ground water users on return flows or on seepage to the aquifer; and (d) other reasonable restrictions on surface water use which are consistent with the intent of section 46-715 and the requirements of section 46-231.
(2) If during the development of the integrated management plan the department determines that surface water appropriators should be required to apply or utilize conservation measures or that other reasonable restrictions on surface water use need to be imposed, the department's portion of the integrated management plan shall allow the affected surface water appropriators and surface water project sponsors a reasonable amount of time, not to exceed one hundred eighty days unless extended by the department, to identify the conservation measures to be applied or utilized, to develop a schedule for such application and utilization, and to comment on any other proposed restrictions.
Source
Laws 2004, LB 962, § 56.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-717 - Integrated management plan; scientific data and other information; department; natural resources district; duties.

46-717.
Integrated management plan; scientific data and other information; department; natural resources district; duties.
(1) In developing an integrated management plan, the Department of Natural Resources and the affected natural resources districts shall utilize the best scientific data and other information available and shall review and consider any rules and regulations in effect in any existing ground water management area that encompasses all or part of the geographic area to be encompassed by the plan. Consideration shall be given to the applicable scientific data and other information relied upon by the department in preparing the annual report required by section 46-713 and to other types of data and information that may be deemed appropriate by the department. The department, after seeking input from the affected natural resources districts, shall specify by rule and regulation the types of scientific data and other information that will be considered in developing an integrated management plan. The natural resources districts shall adopt similar rules and regulations specifying the types of scientific data and other information necessary for purposes of this section. Existing research, data, studies, or any other relevant information which has been compiled by or is in possession of other state or federal agencies, other natural resources districts, and other political subdivisions within the State of Nebraska shall be utilized. State agencies and political subdivisions shall furnish information or data upon request of the department or any affected natural resources district. Neither the department nor the natural resources districts shall be required to conduct new research or to develop new computer models to prepare an integrated management plan, but such new research may be conducted or new computer models developed within the limits of available funding if the additional information is desired by the department or the affected natural resources districts.
(2) During preparation of an integrated management plan for a fully appropriated river basin, subbasin, or reach or of an integrated management plan under subdivision (1)(b) of section 46-715, the department and the affected natural resources districts shall consult with any irrigation district, reclamation district, public power and irrigation district, mutual irrigation company, canal company, or municipality that relies on water from the affected river basin, subbasin, or reach and with other water users and stakeholders as deemed appropriate by the department or by the affected natural resources districts. They shall also actively solicit public comments and opinions through public meetings and other means.
Source
Laws 2004, LB 962, § 57;
Laws 2010, LB764, § 2.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-721 - Contamination; reports required.

46-721.
Contamination; reports required.
Each state agency and political subdivision shall promptly report to the Department of Environment and Energy any information which indicates that contamination is occurring.
Source
Laws 1986, LB 894, § 2;
Laws 1993, LB 3, § 15;
R.S.1943, (1993), § 46-674.03;
Laws 1996, LB 108, § 41;
R.S.1943, (1998), § 46-656.35;
Laws 2004, LB 962, § 61;
Laws 2019, LB302, § 30.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-722 - Contamination; Department of Environment and Energy; conduct study; when; report.

46-722.
Contamination; Department of Environment and Energy; conduct study; when; report.
If, as a result of information provided pursuant to section 46-721 or studies conducted by or otherwise available to the Department of Environment and Energy and following preliminary investigation, the Director of Environment and Energy makes a preliminary determination (1) that there is reason to believe that contamination of ground water is occurring or likely to occur in an area of the state in the reasonably foreseeable future and (2) that the natural resources district or districts in which the area is located have not designated a management area or have not implemented adequate controls to prevent such contamination from occurring, the department shall, in cooperation with any appropriate state agency and district, conduct a study to determine the source or sources of the contamination and the area affected by such contamination and shall issue a written report within one year of the initiation of the study. During the study, the department shall consider the relevant water quality portions of the management plan developed by each district pursuant to sections 46-709 to 46-711, whether the district has designated a management area encompassing the area studied, and whether the district has adopted any controls for the area.
Source
Laws 1986, LB 894, § 3;
Laws 1993, LB 3, § 16;
R.S.1943, (1993), § 46-674.04;
Laws 1996, LB 108, § 42;
R.S.1943, (1998), § 46-656.36;
Laws 2004, LB 962, § 62;
Laws 2019, LB302, § 31.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-723 - Contamination; point source; Director of Environment and Energy; duties.

46-723.
Contamination; point source; Director of Environment and Energy; duties.
If the Director of Environment and Energy determines from the study conducted pursuant to section 46-722 that one or more sources of contamination are point sources, he or she shall expeditiously use the procedures authorized in the Environmental Protection Act to stabilize or reduce the level and prevent the increase or spread of such contamination.
Source
Laws 1986, LB 894, § 4;
Laws 1993, LB 3, § 17;
R.S.1943, (1993), § 46-674.05;
Laws 1996, LB 108, § 43;
R.S.1943, (1998), § 46-656.37;
Laws 2004, LB 962, § 63;
Laws 2019, LB302, § 32.
Cross References
Environmental Protection Act, see section 81-1532.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-724 - Contamination; not point source; Director of Environment and Energy; duties; hearing; notice.

46-724.
Contamination; not point source; Director of Environment and Energy; duties; hearing; notice.
If the Director of Environment and Energy determines from the study conducted pursuant to section 46-722 that one or more sources of contamination are not point sources and if a management area, a purpose of which is protection of water quality, has been established which includes the affected area, the Director of Environment and Energy shall consider whether to require the district which established the management area to adopt an action plan as provided in sections 46-725 to 46-729.
If the Director of Environment and Energy determines that one or more of the sources are not point sources and if such a management area has not been established or does not include all the affected area, he or she shall, within thirty days after completion of the report required by section 46-722, consult with the district within whose boundaries the area affected by such contamination is located and fix a time and place for a public hearing to consider the report, hear any other evidence, and secure testimony on whether a management area should be designated or whether an existing area should be modified. The hearing shall be held within one hundred twenty days after completion of the report. Notice of the hearing shall be given as provided in section 46-743, and the hearing shall be conducted in accordance with such section.
At the hearing, all interested persons shall be allowed to appear and present testimony. The Conservation and Survey Division of the University of Nebraska, the Department of Health and Human Services, the Department of Natural Resources, and the appropriate district may offer as evidence any information in their possession which they deem relevant to the purpose of the hearing. After the hearing and after any studies or investigations conducted by or on behalf of the Director of Environment and Energy as he or she deems necessary, the director shall determine whether a management area shall be designated.
Source
Laws 1986, LB 894, § 5;
Laws 1991, LB 51, § 9;
Laws 1993, LB 3, § 18;
R.S.1943, (1993), § 46-674.06;
Laws 1996, LB 108, § 44;
Laws 1996, LB 1044, § 260;
Laws 2000, LB 900, § 201;
R.S.Supp.,2002, § 46-656.38;
Laws 2004, LB 962, § 64;
Laws 2007, LB296, § 204;
Laws 2019, LB302, § 33.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-726 - Management area; contamination; action plan; preparation by district; when; hearing; notice; publication.

46-726.
Management area; contamination; action plan; preparation by district; when; hearing; notice; publication.
(1) Within one hundred eighty days after the designation of a management area or the requiring of an action plan for a management area, a purpose of which is protection of water quality, the district or districts within whose boundaries the area is located shall prepare an action plan designed to stabilize or reduce the level and prevent the increase or spread of ground water contamination. Whenever a management area or the affected area of such a management area encompasses portions of two or more districts, the responsibilities and authorities delegated in this section shall be exercised jointly and uniformly by agreement of the respective boards of all districts so affected.
(2) Within thirty days after an action plan has been prepared, a public hearing on such plan shall be held by the district. Notice of the hearing shall be given as provided in section 46-743, and the hearing shall be conducted in accordance with such section.
(3) Within thirty days after the hearing, the district shall adopt and submit an action plan to the Department of Environment and Energy. Notice of the district's order adopting an action plan shall be published as required by section 46-744.
Source
Laws 1986, LB 894, § 7;
Laws 1991, LB 51, § 11;
R.S.1943, (1993), § 46-674.08;
Laws 1996, LB 108, § 46;
Laws 2000, LB 900, § 202;
R.S.Supp.,2002, § 46-656.40;
Laws 2004, LB 962, § 66;
Laws 2019, LB302, § 35.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-727 - Management area; contamination; action plan; contents.

46-727.
Management area; contamination; action plan; contents.
An action plan filed by a district pursuant to section 46-726 shall include the specifics of an educational program to be instituted by the district to inform persons of methods available to stabilize or reduce the level or prevent the increase or spread of ground water contamination. The action plan shall include one or more of the controls authorized by section 46-739.
Source
Laws 1986, LB 894, § 8;
Laws 1991, LB 51, § 12;
R.S.1943, (1993), § 46-674.09;
Laws 1996, LB 108, § 47;
R.S.1943, (1998), § 46-656.41;
Laws 2004, LB 962, § 67.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-728 - Management area; contamination; adoption or amendment of action plan; considerations; procedures.

46-728.
Management area; contamination; adoption or amendment of action plan; considerations; procedures.
(1) In adopting or amending an action plan authorized by subsection (2) of this section, the district's considerations shall include, but not be limited to, whether it reasonably appears that such action will mitigate or eliminate the condition which led to designation of the management area or the requirement of an action plan for a management area or will improve the administration of the area.
(2) The Director of Environment and Energy shall approve or deny the adoption or amendment of an action plan within one hundred twenty days after the date the plan is submitted by the district. He or she may hold a public hearing to consider testimony regarding the action plan prior to the issuance of an order approving or disapproving the adoption or amendment. In approving the adoption or amendment of the plan in such an area, considerations shall include, but not be limited to, those enumerated in subsection (1) of this section.
(3) If the director denies approval of an action plan by the district, the order shall list the reason the action plan was not approved. A district may submit a revised action plan within sixty days after denial of its original action plan to the director for approval subject to section 46-731.
Source
Laws 1986, LB 894, § 9;
Laws 1991, LB 51, § 13;
Laws 1993, LB 3, § 20;
R.S.1943, (1993), § 46-674.10;
Laws 1996, LB 108, § 48;
R.S.1943, (1998), § 46-656.42;
Laws 2004, LB 962, § 68;
Laws 2019, LB302, § 36.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-729 - Management area; contamination; action plan; district publish order adopted.

46-729.
Management area; contamination; action plan; district publish order adopted.
Following approval of the action plan by the Director of Environment and Energy, the district shall cause a copy of the order adopted pursuant to section 46-728 to be published in the manner provided in section 46-744.
Source
Laws 1986, LB 894, § 10;
Laws 1993, LB 3, § 21;
R.S.1943, (1993), § 46-674.11;
Laws 1996, LB 108, § 49;
R.S.1943, (1998), § 46-656.43;
Laws 2004, LB 962, § 69;
Laws 2019, LB302, § 37.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-730 - Management area; action plan; district; duties.

46-730.
Management area; action plan; district; duties.
Each district in which a management area has been designated or an action plan for a management area has been required pursuant to section 46-725 shall, in cooperation with the Department of Environment and Energy, establish a program to monitor the quality of the ground water in the area and shall if appropriate provide each landowner or operator of an irrigation system with current information available with respect to fertilizer and chemical usage for the specific soil types present and cropping patterns used.
Source
Laws 1986, LB 894, § 17;
Laws 1991, LB 51, § 16;
Laws 1993, LB 3, § 27;
R.S.1943, (1993), § 46-674.18;
Laws 1996, LB 108, § 50;
R.S.1943, (1998), § 46-656.44;
Laws 2004, LB 962, § 70;
Laws 2019, LB302, § 38.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-731 - Management area; action plan; director specify controls; when; powers and duties; hearing.

46-731.
Management area; action plan; director specify controls; when; powers and duties; hearing.
(1) The power to specify controls authorized by section 46-739 shall vest in the Director of Environment and Energy if (a) at the end of one hundred eighty days following the designation of a management area or the requiring of an action plan for a management area pursuant to section 46-725, a district encompassed in whole or in part by the management area has not completed and adopted an action plan, (b) a district does not submit a revised action plan within sixty days after denial of its original action plan, or (c) the district submits a revised action plan which is not approved by the director.
(2) If the power to specify controls in such a management area is vested in the Director of Environment and Energy, he or she shall within ninety days adopt and promulgate by rule and regulation such measures as he or she deems necessary for carrying out the intent of the Nebraska Ground Water Management and Protection Act. He or she shall conduct one or more public hearings prior to the adoption of controls. Notice of any such additional hearings shall be given in the manner provided in section 46-743. The enforcement of controls adopted pursuant to this section shall be the responsibility of the Department of Environment and Energy.
Source
Laws 1986, LB 894, § 11;
Laws 1991, LB 51, § 14;
Laws 1993, LB 3, § 22;
R.S.1943, (1993), § 46-674.12;
Laws 1996, LB 108, § 51;
R.S.1943, (1998), § 46-656.45;
Laws 2004, LB 962, § 71;
Laws 2019, LB302, § 39.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-732 - Action plan; controls; duration; amendment of plan.

46-732.
Action plan; controls; duration; amendment of plan.
The controls in the action plan approved by the Director of Environment and Energy pursuant to section 46-728 shall be exercised by the district for the period of time necessary to stabilize or reduce the level of contamination and prevent the increase or spread of ground water contamination. An action plan may be amended by the same method utilized in the adoption of the action plan.
Source
Laws 1986, LB 894, § 13;
Laws 1991, LB 51, § 15;
Laws 1993, LB 3, § 24;
R.S.1943, (1993), § 46-674.13;
Laws 1996, LB 108, § 52;
R.S.1943, (1998), § 46-656.46;
Laws 2004, LB 962, § 73;
Laws 2019, LB302, § 40.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-733 - Removal of designation management area or requirement of action plan; modification of boundaries; when.

46-733.
Removal of designation management area or requirement of action plan; modification of boundaries; when.
A district may petition the Director of Environment and Energy to remove the director's designation of the area as a management area or the requirement of an action plan for a management area or to modify the boundaries of a management area designated pursuant to section 46-725. If the director determines that the level of contamination in a management area has stabilized at or been reduced to a level which is not detrimental to beneficial uses of ground water, he or she may remove the designation or action plan requirement or modify the boundaries of the management area.
Source
Laws 1986, LB 894, § 13;
Laws 1991, LB 51, § 15;
Laws 1993, LB 3, § 24;
R.S.1943, (1993), § 46-674.14;
Laws 1996, LB 108, § 53;
R.S.1943, (1998), § 46-656.47;
Laws 2004, LB 962, § 73;
Laws 2019, LB302, § 41.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-734 - Contamination; Environmental Quality Council; adopt rules and regulations.

46-734.
Contamination; Environmental Quality Council; adopt rules and regulations.
The Environmental Quality Council shall adopt and promulgate, in accordance with the Administrative Procedure Act, such rules and regulations as are necessary to the discharge of duties under sections 46-721 to 46-733.
Source
Laws 1986, LB 894, § 15;
Laws 1993, LB 3, § 26;
R.S.1943, (1993), § 46-674.16;
Laws 1996, LB 108, § 54;
R.S.1943, (1998), § 46-656.48;
Laws 2004, LB 962, § 74.
Cross References
Administrative Procedure Act, see section 84-920.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-736 - Permit; when denied; corrections allowed; fees nonrefundable.

46-736.
Permit; when denied; corrections allowed; fees nonrefundable.
An application for a permit or late permit for a water well in a management area shall be denied only if the district in which the water well is to be located finds (1) that the location or operation of the proposed water well or other work would conflict with any regulations or controls adopted by the district, (2) that the proposed use would not be a beneficial use of water, or (3) in the case of a late permit only, that the applicant did not act in good faith in failing to obtain a timely permit.
If the district finds that the application is incomplete or defective, it shall return the application for correction. If the correction is not made within sixty days, the application shall be canceled. All permits shall be issued with or without conditions attached or denied not later than thirty days after receipt by the district of a complete and properly prepared application.
A permit issued shall specify all regulations and controls adopted by a district relevant to the construction or utilization of the proposed water well. No refund of any application fees shall be made regardless of whether the permit is issued, canceled, or denied. The district shall transmit one copy of each permit issued to the Director of Natural Resources.
Source
Laws 1975, LB 577, § 5;
Laws 1980, LB 643, § 11;
Laws 1982, LB 375, § 17;
Laws 1983, LB 23, § 4;
Laws 1984, LB 1071, § 4;
Laws 1993, LB 131, § 26;
R.S.1943, (1993), § 46-660;
Laws 1996, LB 108, § 36;
Laws 2000, LB 900, § 198;
Laws 2003, LB 35, § 1;
R.S.Supp.,2003, § 46-656.30;
Laws 2004, LB 962, § 76.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-737 - Issuance of permit; no right to violate rules, regulations, or controls.

46-737.
Issuance of permit; no right to violate rules, regulations, or controls.
The issuance by the district of a permit pursuant to section 46-736 or registration of a water well by the Director of Natural Resources pursuant to section 46-602 shall not vest in any person the right to violate any district rule, regulation, or control in effect on the date of issuance of the permit or the registration of the water well or to violate any rule, regulation, or control properly adopted after such date.
Source
Laws 1975, LB 577, § 6;
Laws 1983, LB 23, § 5;
Laws 1984, LB 1071, § 5;
Laws 1993, LB 131, § 27;
R.S.1943, (1993), § 46-661;
Laws 1996, LB 108, § 37;
Laws 2000, LB 900, § 199;
R.S.Supp.,2002, § 46-656.31;
Laws 2004, LB 962, § 77.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-738 - Issuance of permit; commence construction and complete water well within one year; failure; effect.

46-738.
Issuance of permit; commence construction and complete water well within one year; failure; effect.
When any permit is approved pursuant to section 46-736, the applicant shall commence construction as soon as possible after the date of approval and shall complete the construction and equip the water well prior to the date specified in the conditions of approval, which date shall be not more than one year after the date of approval, unless it is clearly demonstrated in the application that one year is an insufficient period of time for such construction. If the applicant fails to complete the project under the terms of the permit, the district may withdraw the permit.
Source
Laws 1975, LB 577, § 7;
Laws 1983, LB 23, § 6;
Laws 1993, LB 131, § 28;
R.S.1943, (1993), § 46-662;
Laws 1996, LB 108, § 38;
R.S.1943, (1998), § 46-656.32;
Laws 2004, LB 962, § 78.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-739.01 - District; approval of certain transfers or program participation; report of title required; form; written consent of lienholder; rights of lienholder.

46-739.01.
District; approval of certain transfers or program participation; report of title required; form; written consent of lienholder; rights of lienholder.
(1) Notwithstanding any other provision of law, no district shall approve a transfer of certified water uses or certified irrigated acres or allow a ground water user or landowner to participate in a financial or other incentive program established pursuant to subsection (8) of section 46-739 unless the person seeking such transfer or participation in such program has submitted to the district a report of title issued by an attorney or a registered abstracter, on a form prescribed by the district, reflecting (a) the owner and legal description of the land from which the certified water uses or certified irrigated acres are to be transferred or which is the subject of such program and (b) the existence of all liens, evidenced by the filing of a mortgage, trust deed, or other equivalent consensual security interest, against the land from which the certified water uses or certified irrigated acres are to be transferred or which is the subject of such program and the name and address of each such lienholder, if any. If the report of title reflects the existence of any lien evidenced by the filing of a mortgage, trust deed, or other equivalent consensual security interest, written consent to such transfer or participation in such program shall be obtained from each such lienholder. The district may assess a fee against the person seeking such transfer or participation in such program to recoup its costs in reviewing the report of title. This subsection does not apply to a transfer of certified water uses or certified irrigated acres resulting from: A one-time transfer of four acres or less; participation in a financial or other incentive program that involves the transfer, purchase, or retirement of four acres or less; or a transfer that involves one landowner on a single tract of land in which there is no reduction or increase in certified water uses or certified irrigated acres and the transfer involves an improvement in irrigation efficiency.
(2) Approval of a transfer of certified water uses or certified irrigated acres or authorization of a ground water user or landowner to participate in such financial or other incentive program by a district shall not affect the rights of any lienholder who is not reflected in the report of title and from whom the required consent was not obtained. Such a lienholder may bring an action against the person seeking such transfer or participation in such program for damages or injunctive or other relief for any injury done to the lienholder's interest in land or use of ground water resulting from such transfer or participation.
(3) This section does not limit the right to resort to other means of review, redress, or relief provided by law.
Source
Laws 2009, LB477, § 7;
Laws 2010, LB862, § 3.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-739.02 - Transfer of right to use ground water; recording; recovery of cost; manner.

46-739.02.
Transfer of right to use ground water; recording; recovery of cost; manner.
An instrument of transfer of the right to use ground water shall be recorded by a natural resources district with the register of deeds in each county in which is situated the real estate, or any part thereof, from which a transfer of certified water uses or certified irrigated acres occurred, in any case in which a transfer of certified water uses or certified irrigated acres has been approved by such district. The instrument of transfer of the right to use ground water shall include a description of the real estate to and from which the certified water uses or certified irrigated acres were transferred, the nature of the transfer, and the date on which the transfer occurred. The district may recover the cost of filing an instrument of transfer of the right to use ground water from the person seeking the transfer. The instrument of transfer of the right to use ground water shall be executed, acknowledged, and recorded in the same manner as conveyances of real estate.
Source
Laws 2009, LB477, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-739.03 - Natural resources district determination; effect.

46-739.03.
Natural resources district determination; effect.
The determination of certified water uses or certified irrigated acres by a natural resources district shall not affect the allocations of ground water established under section 46-740.
Source
Laws 2009, LB477, § 9.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-741 - District; review controls.

46-741.
District; review controls.
A district may review any allocation, rotation, or reduction control imposed in a management area and shall adjust allocations, rotations, or reductions to accommodate new or additional uses or otherwise reflect findings of such review, consistent with the ground water management objectives. Such review shall consider new development or additional ground water uses within the area, more accurate data or information that was not available at the time of the allocation, rotation, or reduction order, the availability of supplemental water supplies, any changes in ground water recharge, and such other factors as the district deems appropriate.
Source
Laws 1982, LB 375, § 13;
Laws 1993, LB 439, § 4;
R.S.1943, (1993), § 46-673.11;
Laws 1996, LB 108, § 33;
Laws 2001, LB 135, § 4;
R.S.Supp.,2002, § 46-656.27;
Laws 2004, LB 962, § 81.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-742 - Transport of ground water; prohibited; when.

46-742.
Transport of ground water; prohibited; when.
(1) Whenever the drilling of new wells has been stayed pursuant to section 46-714, ground water withdrawn outside the affected area shall not be transported for use inside such area unless (a) such withdrawal and transport began before the stay took effect, (b) the water is used solely for domestic purposes, or (c) such withdrawal and transport is approved in advance by the district in which the stay is in effect and, if the water is withdrawn in another natural resources district, by the other district.
(2) Whenever a natural resources district pursuant to subdivision (1)(m) of section 46-739 has closed all or part of the district to the issuance of additional well permits, ground water withdrawn outside the affected area shall not be transported for use inside such area unless (a) such withdrawal and transport began before the affected area was closed to the issuance of additional well permits, (b) the water is used solely for domestic purposes, or (c) such withdrawal and transport is approved in advance by the district that closed the affected area to additional well permits and, if the water is withdrawn in another natural resources district, by the other district.
(3) If a proposed withdrawal and transport of water under subsection (1) or (2) of this section is intended for municipal purposes, the natural resources district shall approve the withdrawal and transport of ground water into the affected area when a public water supplier providing water for municipal purposes receives a permit from the Department of Natural Resources pursuant to the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Source
Laws 2003, LB 619, § 11;
R.S.Supp.,2003, § 46-656.24;
Laws 2004, LB 962, § 82.
Cross References
Municipal and Rural Domestic Ground Water Transfers Permit Act, see section 46-650.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-743 - Public hearing; requirements.

46-743.
Public hearing; requirements.
Any public hearing required under the Nebraska Ground Water Management and Protection Act shall comply with the following requirements:
(1) The hearing shall be located within or in reasonable proximity to the area proposed for designation as a management area or affected by the proposed rule or regulation;
(2) Notice of the hearing shall be published in a newspaper published or of general circulation in the affected area at least once each week for three consecutive weeks, the last publication of which shall be not less than seven days prior to the hearing;
(3) As to the designation of a management area, adoption or amendment of an action plan or integrated management plan, or adoption or amendment of controls, the notice shall provide, as applicable, a general description of (a) the contents of the plan, (b) the geographic area which will be considered for inclusion in the management area, and (c) a general description of all controls proposed for adoption or amendment and shall identify all locations where a copy of the full text of the proposed plan or controls may be obtained;
(4) For all other rules and regulations, the notice shall provide a general description of the contents of the rules and regulations proposed for adoption or amendment and shall identify all locations where a copy of the full text of the proposed rules and regulations may be obtained;
(5) The full text of all controls, rules, or regulations shall be available to the public upon request not later than the date of first publication;
(6) All interested persons shall be allowed to appear and present testimony; and
(7) The hearing shall include testimony of a representative of the Department of Natural Resources and, if the primary purpose of the proposed management area is protection of water quality, testimony of a representative of the Department of Environment and Energy and shall include the results of any relevant water quality studies or investigations conducted by the district.
Source
Laws 2004, LB 962, § 83;
Laws 2019, LB302, § 42.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-744 - Order; publication; effective; when.

46-744.
Order; publication; effective; when.
Any order adopted pursuant to section 46-712, 46-718, 46-719, 46-725, or 46-726 shall be published once each week for three consecutive weeks in a local newspaper published or of general circulation in the area involved, the last publication of which shall be not less than seven days prior to the date set for the effective date of the order. The publication shall provide a general description of the text of all controls adopted or amended and shall identify all locations where a copy of the full text of the proposed controls may be obtained. The full text of all controls adopted shall be available to the public upon request at least thirty days prior to the effective date of the controls.
Such order shall become effective on the date specified by the adopting district, department, or board, as applicable.
Source
Laws 1982, LB 375, § 9;
Laws 1986, LB 894, § 29;
R.S.1943, (1993), § 46-673.07;
Laws 1996, LB 108, § 27;
Laws 1997, LB 188, § 2;
R.S.1943, (1998), § 46-656.21;
Laws 2004, LB 962, § 84.