reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-602.01 - Water well in management area; duties; prohibited acts; penalty.

46-602.01.
Water well in management area; duties; prohibited acts; penalty.
Prior to commencing construction of or installation of a pump in a water well in a management area or completing a notice of modification and change of use in lieu of decommissioning of a water well as part of a water well replacement procedure, a licensed water well contractor as defined in section 46-1213 or a licensed pump installation contractor as defined in section 46-1209 shall take those steps necessary to satisfy himself or herself that the person for whom the well is to be constructed, the modification and change of use is to be completed, or the pump installed has obtained a permit as required by the Nebraska Ground Water Management and Protection Act. The permit issued by the natural resources district as required by the act may (1) further define a replacement water well in accordance with the act so long as any further definition is not inconsistent with section 46-602, (2) impose restrictions on consumptive use, or (3) impose additional restrictions based on historic consumptive use.
Any person who commences or causes construction of or installation of a pump in a water well for which the required permit has not been obtained or who knowingly furnishes false information regarding such permit shall be guilty of an offense punishable as provided in section 46-613.02.
Source
Laws 1981, LB 325, § 3;
Laws 1993, LB 131, § 4;
Laws 2001, LB 667, § 4;
Laws 2006, LB 508, § 3;
Laws 2007, LB463, § 1141.
Cross References
Nebraska Ground Water Management and Protection Act, see section 46-701.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-604 - Registration form; copies; disposition.

46-604.
Registration form; copies; disposition.
The Director of Natural Resources shall retain the registration form required by section 46-602 and shall make a copy available to the natural resources district within which the water well is located, to the owner of the water well, and to the licensed water well contractor as defined in section 46-1213.
Source
Laws 1957, c. 200, § 4, p. 703;
Laws 1961, c. 227, § 4, p. 673;
Laws 1961, c. 230, § 3, p. 685;
Laws 1986, LB 886, § 3;
Laws 1993, LB 131, § 5;
Laws 2000, LB 900, § 171;
Laws 2001, LB 667, § 5;
Laws 2007, LB463, § 1142.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-608 - Ground water; conservation; declaration of policy.

46-608.
Ground water; conservation; declaration of policy.
The Legislature finds, recognizes, and declares that the conservation of ground water and the beneficial use thereof are essential to the future well-being of this state, that the drilling of irrigation water wells in the state without regard to spacing is detrimental to the public welfare, and that the spacing of irrigation water wells should be regulated.
Source
Laws 1957, c. 201, § 1, p. 704;
Laws 1993, LB 131, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-609 - Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.

46-609.
Irrigation water wells; spacing; requirements; exceptions; new use of well; registration modification; approval.
(1) Except as otherwise provided by this section or section 46-610, no irrigation water well shall be constructed upon any land in this state within six hundred feet of any registered irrigation water well and no existing nonirrigation water well within six hundred feet of any registered irrigation water well shall be used for irrigation purposes. Such spacing requirement shall not apply to (a) any water well used to irrigate two acres or less or (b) any replacement irrigation water well if it is constructed within fifty feet of the irrigation water well being replaced and if the water well being replaced was constructed prior to September 20, 1957, and is less than six hundred feet from a registered irrigation water well.
(2) The spacing protection of subsection (1) of this section shall apply to an unregistered water well for a period of sixty days after completion of such water well.
(3) No person shall use a water well for purposes other than its registered purpose until the water well registration has been changed to the intended new use, except that a person may use a water well registered for purposes other than its intended purpose for use for livestock, monitoring, observation, or any other nonconsumptive or de minimis use approved by the applicable natural resources district. The change to a new use shall be made by filing a water well registration modification with the Department of Natural Resources and shall be approved only if the water well is in conformity with subsection (1) of this section and with section 46-651.
Source
Laws 1957, c. 201, § 2, p. 705;
Laws 1972, LB 1238, § 1;
Laws 1981, LB 146, § 3;
Laws 1993, LB 131, § 8;
Laws 2004, LB 962, § 36;
Laws 2007, LB701, § 19.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-610 - Irrigation water wells; special permit to drill without regard to spacing; application; fee.

46-610.
Irrigation water wells; special permit to drill without regard to spacing; application; fee.
(1) Any person may apply to the Director of Natural Resources for a special permit to drill an irrigation water well without regard to the spacing requirements of section 46-609 and shall pay a fee to the Department of Natural Resources of twelve dollars and fifty cents, which fee shall be remitted to the State Treasurer for credit to the General Fund. Such application shall be in such form as the director directs and shall contain a statement of the proposed location of the irrigation water well, the reason for seeking such special permit, the legal description of the land to be irrigated by the irrigation water well, the number of acres to be irrigated, the proposed size of the irrigation water well, the estimated capacity of the irrigation water well, expressed in gallons per minute, to the extent that capacity is susceptible of advance determination, and the name of the person who is actually going to construct the irrigation water well.
(2) A separate application, like that provided for in subsection (1) of this section, shall be submitted for each irrigation water well for which a special permit is sought. When considering the approval or rejection of any application, the director shall consider the size, shape, and irrigation needs of the property for which such special permit is sought, the known ground water supply, the effect on the ground water supply and the surrounding land of the irrigation water well for which such special permit is sought, any waiver or agreement allowing the new irrigation water well by the owner of any registered irrigation water well less than six hundred feet from the location of the proposed new irrigation water well, and such other information as may be available. Such application may be approved or disapproved in whole or in part or may be approved with conditions, and the special permit shall be issued or refused accordingly.
Source
Laws 1957, c. 201, § 3, p. 705;
Laws 1993, LB 131, § 9;
Laws 2000, LB 900, § 173.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-611 - Irrigation water wells; spacing requirements not applicable; when.

46-611.
Irrigation water wells; spacing requirements not applicable; when.
The prohibitions of section 46-609 shall not apply to the location of more than one irrigation water well by a landowner on his or her own farm, so long as each such irrigation water well is at least six hundred feet from any other irrigation water well located on a neighboring farm under separate ownership.
Source
Laws 1957, c. 201, § 4, p. 705;
Laws 1993, LB 131, § 10.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-613 - Ground water; declaration of policy; preference in use.

46-613.
Ground water; declaration of policy; preference in use.
Preference in the use of ground water shall be given to those using the water for domestic purposes. They shall have preference over those claiming it for any other purpose. Those using the water for agricultural purposes shall have the preference over those using the same for manufacturing or industrial purposes.
As used in this section, (1) domestic use of ground water shall mean all uses of ground water required for human needs as it relates to health, fire control, and sanitation and shall include the use of ground water for domestic livestock as related to normal farm and ranch operations and (2) agricultural purposes shall include, but not be limited to, aquaculture as defined in section 2-3804.01.
Source
Laws 1957, c. 199, § 1, p. 701;
Laws 1963, c. 279, § 1, p. 835;
Laws 1995, LB 871, § 4.
Annotations
Defendant liable in damages for withdrawal of irrigation ground water resulting in loss of artesian pressure in plaintiffs' adjacent domestic use wells. Prather v. Eisenmann, 200 Neb. 1, 261 N.W.2d 766 (1978).
The use of ground water by a municipality for human needs is a public use. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-613.02 - Violation; penalty; false information; enforcement.

46-613.02.
Violation; penalty; false information; enforcement.
Any person violating any provision of sections 46-601 to 46-613.01 or furnishing false information under such sections shall be guilty of a Class IV misdemeanor. Each day of a violation may be considered a separate offense. The Attorney General and the county attorneys may pursue appropriate proceedings pursuant to this section when notified by the Director of Natural Resources that such a violation has occurred.
Source
Laws 1978, LB 688, § 1;
Laws 1984, LB 1060, § 2;
Laws 1993, LB 131, § 12;
Laws 2000, LB 900, § 175;
Laws 2004, LB 962, § 37.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-635 - Ground water, defined.

46-635.
Ground water, defined.
Ground water is that water which occurs or moves, seeps, filters, or percolates through the ground under the surface of the land.
Source
Laws 1963, c. 274, § 1, p. 827.
Annotations
Ground water as defined herein does not include water artificially applied to the land. Peters v. Langrehr, 188 Neb. 480, 197 N.W.2d 698 (1972).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-636 - Pumping for irrigation purposes; Legislature; finding.

46-636.
Pumping for irrigation purposes; Legislature; finding.
The Legislature finds that the pumping of water for irrigation purposes from water wells located within fifty feet of the bank of a channel of any natural stream may have a direct effect on the surface flow of such stream.
Source
Laws 1963, c. 275, § 1, p. 828;
Laws 1993, LB 131, § 16;
Laws 2001, LB 667, § 7.
Cross References
For additional definitions, see section 46-706.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-637 - Pumping for irrigation purposes; permit; application; approval by Director of Natural Resources.

46-637.
Pumping for irrigation purposes; permit; application; approval by Director of Natural Resources.
The use of water described in section 46-636 may only be made after securing a permit from the Department of Natural Resources for such use. In approving or disapproving applications for such permits, the Director of Natural Resources shall take into account the effect that such pumping may have on the amount of water in the stream and its ability to meet the requirements of appropriators from the stream. This section does not apply to (1) water wells located within fifty feet of the bank of a channel of any natural stream which were in existence on July 1, 2000, and (2) replacement water wells as defined in section 46-602 that are located within fifty feet of the banks of a channel of a stream if the water wells being replaced were originally constructed prior to July 1, 2000, and were located within fifty feet of the bank of a channel of any natural stream.
Source
Laws 1963, c. 275, § 2, p. 828;
Laws 1993, LB 131, § 17;
Laws 1997, LB 30, § 3;
Laws 1997, LB 752, § 121;
Laws 2000, LB 900, § 176;
Laws 2001, LB 667, § 8;
Laws 2013, LB102, § 2.
Cross References
Exemption for reusing ground water from reuse pit, see section 46-287.
For additional definitions, see section 46-706.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-638 - Terms, defined; permits to public water suppliers; director; powers.

46-638.
Terms, defined; permits to public water suppliers; director; powers.
(1) The Director of Natural Resources may grant and administer permits to public water suppliers: (a) To locate, develop, and maintain ground water supplies through water wells or other means and to transport water into the area to be served; and (b) to continue existing use of ground water and the transportation of ground water into the area served.
(2) For purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act and sections 46-651 to 46-655, (a) public water supplier shall mean a city, village, municipal corporation, metropolitan utilities district, rural water district, natural resources district, irrigation district, reclamation district, or sanitary and improvement district which supplies or intends to supply water to inhabitants of cities, villages, or rural areas for domestic or municipal purposes and (b) water well shall have the same meaning as in section 46-601.01.
Source
Laws 1963, c. 276, § 1, p. 829;
Laws 1980, LB 643, § 2;
Laws 1993, LB 131, § 18;
Laws 2000, LB 900, § 177.
Cross References
For additional definitions, see section 46-706.
Annotations
Permittees under the Municipal and Rural Domestic Ground Water Transfers Permit Act are exonerated from the common-law prohibition against transfer and transportation of ground water. Sorensen v. Lower Niobrara Nat. Resources Dist., 221 Neb. 180, 376 N.W.2d 539 (1985).
Director of Water Resources is authorized to grant and administer permits to cities and villages to develop ground water supplies. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-639 - Application for permit; contents; fee.

46-639.
Application for permit; contents; fee.
An applicant which desires to avail itself of the Municipal and Rural Domestic Ground Water Transfers Permit Act shall make application in writing to the Director of Natural Resources for a permit. The application shall include (1) a statement of the amount of water for which a permit is desired together with an exhibit of maps showing the location of all water wells and (2) such other information as the director deems necessary or desirable. The application shall be accompanied by a fee in the amount of fifty dollars for the first five million gallons per day and an additional twenty dollars for each additional increment of five million gallons per day requested. The fee shall be based on the amounts of water requested on a daily average basis.
Source
Laws 1963, c. 276, § 2, p. 829;
Laws 1993, LB 131, § 19;
Laws 2000, LB 900, § 178.
Annotations
Preference in the use of ground water is given to domestic use. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-640 - Notice of application; publication; objections; hearing.

46-640.
Notice of application; publication; objections; hearing.
Upon receipt of an application filed under section 46-639, the Director of Natural Resources shall cause a notice of such application to be published at the applicant's expense at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in each county containing lands on which the water well field or any part of such water well field is or is proposed to be located. The notice shall contain a description of the lands upon which such water well field is or is proposed to be located, the amount of water requested, the number of water wells constructed or proposed, and any other relevant information. The notice shall state that any interested person may object to and request a hearing on the application by filing written objections specifically stating the grounds for each objection within two weeks after the date of final publication in the office of the director.
Source
Laws 1963, c. 276, § 3, p. 829;
Laws 1986, LB 960, § 33;
Laws 1987, LB 140, § 12;
Laws 1991, LB 278, § 3;
Laws 1993, LB 131, § 20;
Laws 2000, LB 900, § 179.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-641 - Application; hearing, when.

46-641.
Application; hearing, when.
The Department of Natural Resources may hold a hearing on an application filed under section 46-639 on its own motion and shall hold a hearing on such an application if requested by any person pursuant to section 46-640.
Source
Laws 1963, c. 276, § 4, p. 830;
Laws 1987, LB 140, § 13;
Laws 2000, LB 900, § 180.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-642 - Granting of permit; conditions; priority date.

46-642.
Granting of permit; conditions; priority date.
(1) If the Director of Natural Resources finds that the withdrawal and transportation of ground water requested by the applicant are reasonable, are not contrary to the conservation and beneficial use of ground water, and are not otherwise detrimental to the public welfare, he or she shall grant a permit to the applicant to withdraw and transport water in the amount applied for or in a lesser amount. The permit so granted shall have a priority date as of the time when the application is filed with the director.
(2) In determining whether to grant or deny a permit under subsection (1) of this section, the director shall consider the factors set forth in subdivisions (1) through (7) of section 46-613.01.
Source
Laws 1963, c. 276, § 5, p. 830;
Laws 1967, c. 284, § 1, p. 772;
Laws 1987, LB 140, § 14;
Laws 2000, LB 900, § 181;
Laws 2003, LB 619, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-644 - Permits; duration; revocation; procedure.

46-644.
Permits; duration; revocation; procedure.
Permits granted by the Director of Natural Resources shall be valid for a period of five years after the granting of a permit and as long thereafter as the water for which the permit is granted is used. For the purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act, the commencement of construction of facilities to provide water for beneficial use shall be deemed the date of the commencement of beneficial use. If it appears that the holder of a permit granted under the act has not used water for a beneficial purpose and in accordance with the terms of the permit for more than five years, such permit may be revoked or modified by the director. The procedure for such revocation or modification shall be the same as that provided for in sections 46-229.02 to 46-229.05.
Source
Laws 1963, c. 276, § 7, p. 831;
Laws 2000, LB 900, § 182;
Laws 2007, LB701, § 20.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-645 - Recharging ground water reservoirs; permits.

46-645.
Recharging ground water reservoirs; permits.
The Director of Natural Resources may grant to any public water supplier permits to store excess, unused, and unappropriated water for recharging ground water reservoirs. The procedure to be followed in granting permits to utilize excess, unused, and unappropriated water for recharging ground water reservoirs shall, so far as applicable, be the same as that required for granting permits for the use of ground water as provided in the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Source
Laws 1963, c. 276, § 8, p. 831;
Laws 1980, LB 643, § 3;
Laws 2000, LB 900, § 183.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-646 - Orders or decisions; review.

46-646.
Orders or decisions; review.
Any person who feels aggrieved by any order or decision in connection with the granting or denial, in whole or in part, of an application for a permit or in connection with the revocation or modification of a permit may institute proceedings in the Court of Appeals in the manner provided for in section 61-207.
Source
Laws 1963, c. 276, § 9, p. 831;
Laws 1991, LB 732, § 109;
Laws 2000, LB 900, § 184.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-647 - Right to recover damages; power of eminent domain; not limited.

46-647.
Right to recover damages; power of eminent domain; not limited.
Nothing in sections 46-638 to 46-650 shall be construed as limiting any right of an owner of an estate or interest in or concerning land to recover damage for any injury done to his or her land or to any water rights appurtenant thereto; nor shall sections 46-638 to 46-650 limit rights of condemnation which public water suppliers have under the laws of the State of Nebraska.
Source
Laws 1963, c. 276, § 10, p. 831;
Laws 1980, LB 643, § 4.
Annotations
This section supplies a remedy of compensatory damages for a permittee's injury to another's land or water rights in contrast with injunctive relief available under common law. Sorensen v. Lower Niobrara Nat. Resources Dist., 221 Neb. 180, 376 N.W.2d 539 (1985).
Remedy in damages is given to landowners injured by granting of permit to use ground waters. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-648 - Permittee; preference in use of ground water.

46-648.
Permittee; preference in use of ground water.
The use of ground water pursuant to a permit granted by the Director of Natural Resources under the Municipal and Rural Domestic Ground Water Transfers Permit Act shall be subject to and governed by section 46-613.
Source
Laws 1963, c. 276, § 11, p. 832;
Laws 2000, LB 900, § 185.
Annotations
Use of ground water pursuant to a permit is governed by section 46-613. Metropolitan Utilities Dist. v. Merritt Beach Co., 179 Neb. 783, 140 N.W.2d 626 (1966).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-649 - Director of Natural Resources; rules and regulations.

46-649.
Director of Natural Resources; rules and regulations.
The Director of Natural Resources may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Source
Laws 1963, c. 276, § 12, p. 832;
Laws 2000, LB 900, § 186.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-650 - Act, how cited.

46-650.
Act, how cited.
Sections 46-638 to 46-650 shall be known and cited as the Municipal and Rural Domestic Ground Water Transfers Permit Act.
Source
Laws 1963, c. 276, § 14, p. 832;
Laws 1980, LB 643, § 5.
Annotations
A rural water district is not a municipal corporation within the purview of the City, Village and Municipal Corporation Ground Water Permit Act (now the Municipal and Rural Domestic Ground Water Transfers Permit Act). McDowell v. Rural Water District No. 2, 204 Neb. 401, 282 N.W.2d 594 (1979).
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-651 - Spacing of water wells; distance.

46-651.
Spacing of water wells; distance.
(1) Except as provided in section 46-653 or 46-654, (a) no irrigation or industrial water well or water well of any other public water supplier shall be drilled within one thousand feet of any registered water well of any public water supplier, (b) no water well of any such public water supplier shall be drilled within one thousand feet of any registered irrigation or industrial water well, (c) no irrigation water well shall be drilled within one thousand feet of a registered industrial water well, and (d) no industrial water well shall be drilled within one thousand feet of a registered irrigation or industrial water well. Such prohibitions shall not apply to water wells owned by the same person.
(2) An existing water well for which a change in the intended use is proposed shall be subject to any spacing requirement in subsection (1) of this section that would apply to the drilling of a new water well at the same location for the new use intended.
(3) The well-spacing protection of subsections (1) and (2) of this section shall apply to an unregistered water well for a period of only sixty days following completion of such water well.
(4) The spacing requirements in subsection (1) of this section shall not apply to any replacement water well if that water well is drilled within fifty feet of the water well being replaced and if the water well being replaced was drilled prior to July 16, 2004, was in compliance with any applicable spacing statute when drilled, and is less than one thousand feet from the registered water well for which spacing protection is provided.
Source
Laws 1965, c. 270, § 1, p. 771;
Laws 1979, LB 201, § 1;
Laws 1980, LB 643, § 6;
Laws 1981, LB 246, § 2;
Laws 1993, LB 131, § 21;
Laws 2004, LB 962, § 38.
Cross References
For definitions, see sections 46-638 and 46-706.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-653 - Spacing of water wells; special permit; application; contents; fee.

46-653.
Spacing of water wells; special permit; application; contents; fee.
Any person may apply to the Director of Natural Resources for a special permit to drill or to change the intended use of a water well without regard to the spacing requirements of section 46-651. Such application shall be on a form prescribed and furnished by the director and shall contain a statement of the precise location of the water well or proposed water well, facts justifying the request for such special permit, the size or proposed size of such water well, expressed in gallons per minute, to the extent that capacity is susceptible of advance determination, and, if applicable, the name of the person who is actually going to drill the water well. A separate application shall be submitted for each water well for which a special permit is sought, and each application shall be accompanied by a fee of twelve dollars and fifty cents which shall be remitted to the State Treasurer for credit to the General Fund. When considering the approval or rejection of any such application, the director shall consider the facts offered as justification of the need for the special permit, the known ground water supply, and such other pertinent information as may be available. Such application may be approved or disapproved in whole or in part and the special permit issued or refused accordingly.
Source
Laws 1965, c. 270, § 3, p. 771;
Laws 1993, LB 131, § 22;
Laws 2000, LB 900, § 187;
Laws 2004, LB 962, § 39.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-654 - Public water supplier; protections applicable; procedure.

46-654.
Public water supplier; protections applicable; procedure.
(1) Any public water supplier having a permit under the Municipal and Rural Domestic Ground Water Transfers Permit Act is hereby granted the protection of sections 46-651 to 46-655 for all water wells for which a permit has been or in the future is granted by the Department of Natural Resources under such act.
(2) If in its application for a permit pursuant to such act a public water supplier requests the protection of the spacing requirements of section 46-651 for test holes and water wells under construction and if the permit is granted, the Director of Natural Resources shall identify in the permit the area to which the spacing protection will apply and the spacing protection of section 46-651 shall then apply to such area for a period of one year from the date the permit is granted. The director shall notify, by certified or registered mail, owners and occupiers of land affected by the granting of such spacing protection, according to information supplied by the applicant. Costs of providing such notice shall be borne by the applicant. Owners or occupiers of land not receiving the notice required by this subsection shall not be bound by the spacing requirements until the applicant's water wells are completed. Such protection may be extended by the director, by a similar procedure, upon application by the public water supplier and good cause shown, for additional one-year periods.
Source
Laws 1965, c. 270, § 4, p. 772;
Laws 1980, LB 643, § 8;
Laws 1987, LB 93, § 14;
Laws 1993, LB 131, § 23;
Laws 2000, LB 900, § 188.
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 › 46-655 - Violations; injunction.

46-655.
Violations; injunction.
Any violation of the provisions of sections 46-651 to 46-655 may be enjoined in an action brought in the district court of the county in which such violation or any attempted or threatened violation occurs.
Source
Laws 1965, c. 270, § 5, p. 772.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-675 - Legislative findings and declarations.

46-675.
Legislative findings and declarations.
The Legislature finds and declares that a permit system is necessary to protect Nebraska's ground and surface water resources and existing water users in situations where industrial users withdraw significant quantities of ground water from the aquifers of the state and in situations where such ground water is transferred from the water well site for use at another location.
Source
Laws 1981, LB 56, § 1;
Laws 1993, LB 131, § 33.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-676 - Terms, defined.

46-676.
Terms, defined.
For purposes of the Industrial Ground Water Regulatory Act:
(1) The definitions found in section 46-706 are used;
(2) Department means the Department of Natural Resources; and
(3) Director means the Director of Natural Resources.
Source
Laws 1981, LB 56, § 2;
Laws 1996, LB 108, § 74;
Laws 2000, LB 900, § 220;
Laws 2004, LB 962, § 94.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-676.01 - Applicability of act.

46-676.01.
Applicability of act.
The Industrial Ground Water Regulatory Act does not apply to any public water supplier providing, or intending to provide, ground water for industrial purposes nor does the act apply to any person who is using, or intends to use, ground water for industrial purposes that is supplied by a public water supplier.
Source
Laws 2005, LB 335, § 75.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-677 - Withdrawal of ground water for industrial purposes; permit required; when.

46-677.
Withdrawal of ground water for industrial purposes; permit required; when.
(1) Except as provided in sections 46-676.01 and 46-678.01:
(a) Any person who desires to withdraw and transfer ground water from aquifers located within the State of Nebraska for industrial purposes shall, prior to commencing construction of any water wells, obtain from the director a permit to authorize such withdrawal and transfer of such ground water; and
(b) Any person who prior to April 23, 1993, has withdrawn ground water from aquifers located in the State of Nebraska for industrial purposes may file an application for a permit to authorize the transfer of such ground water at any time.
(2) For purposes of this section, industrial purposes includes manufacturing, commercial, and power generation uses of water and commercial use includes, but is not limited to, maintenance of the turf of a golf course.
Source
Laws 1981, LB 56, § 3;
Laws 1993, LB 131, § 34;
Laws 1993, LB 789, § 6;
Laws 2002, LB 458, § 5;
Laws 2005, LB 335, § 76.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-678 - Permit; application; contents.

46-678.
Permit; application; contents.
(1) Applications for permits required by section 46-677 shall be on forms provided by the director and shall contain:
(a) A statement of the amount of ground water which the applicant proposes to use;
(b) A statement of the proposed use and whether the ground water will be transferred for use at a location other than the well site;
(c) A hydrologic evaluation of the impact of the proposed use on the surrounding area and on existing users;
(d) The date when the applicant expects to first use the ground water; and
(e) Such other relevant information as the director may deem necessary or desirable.
(2) Such applications shall be accompanied by an exhibit of maps showing the location, depth, and capacity of the proposed water wells.
Source
Laws 1981, LB 56, § 4;
Laws 1993, LB 131, § 35;
Laws 1993, LB 789, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-678.01 - Withdrawal and transfer of less than 150 acre-feet; notice; metering.

46-678.01.
Withdrawal and transfer of less than 150 acre-feet; notice; metering.
Any person who desires to withdraw and transfer a total of less than one hundred fifty acre-feet of ground water per year from aquifers located in the State of Nebraska for industrial purposes to other property within the state which is owned or leased by such person shall provide written notice to the department and install a water meter or meters that meet the approval of the department. Such notice shall include the amount of the proposed transfer, the point of withdrawal, and the point of delivery and shall be published once each week for three consecutive weeks in a newspaper of general circulation in the county or counties in which the point of withdrawal is located. The withdrawal and transfer may be made without a permit issued under the Industrial Ground Water Regulatory Act so long as (1) the property which includes the point of withdrawal and the property which includes the point of delivery are owned or leased by the same person, (2) the water is used by such person, and (3) a total of less than one hundred fifty acre-feet of ground water per year is transferred from all sources to the property which includes the point of delivery.
Source
Laws 1993, LB 789, § 8;
Laws 2000, LB 900, § 221;
Laws 2004, LB 962, § 95.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-679 - Application; director; determination as to completeness.

46-679.
Application; director; determination as to completeness.
Within thirty days of the receipt of an application made under section 46-677, the director shall accept the application as a completed application or return the application to the applicant as an incomplete application. If the application is deemed to be incomplete, the director shall inform the applicant as to the deficiencies in the application.
Source
Laws 1981, LB 56, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-680 - Completed application; public hearing; when.

46-680.
Completed application; public hearing; when.
(1) After the director has accepted the application made under section 46-677 as a completed application, the director shall cause a notice of such application to be published at the applicant's expense at least once a week for three consecutive weeks in a legal newspaper published or of general circulation in each county containing land on which one or more water wells are proposed to be located. The notice shall include (a) the amount of ground water the applicant proposes to use, (b) a description of the proposed use and location of that use, (c) the number of water wells proposed at each location of withdrawal, and (d) any other information deemed necessary by the director to provide adequate notice of the application to interested persons. The notice shall state that any interested person may object to and request a hearing on the application by filing written objections stating the grounds for each objection within two weeks after the date of final publication of the notice. Such objections shall be filed in the headquarters office of the department.
(2) The director may hold a hearing on an application made under section 46-677 at his or her discretion and shall hold a hearing on such an application if requested by any interested person pursuant to subsection (1) of this section.
Source
Laws 1981, LB 56, § 6;
Laws 1993, LB 131, § 36;
Laws 2004, LB 962, § 96.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-681 - Public hearing; evidence presented.

46-681.
Public hearing; evidence presented.
At the hearing provided for in section 46-680, the applicant shall present all hydrological data and other evidence supporting its application. All interested parties shall be allowed to testify and present evidence relative to the application.
Source
Laws 1981, LB 56, § 7.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-682 - Applicant; agreement with other water users; filing.

46-682.
Applicant; agreement with other water users; filing.
The applicant may negotiate with any user of water in order to obtain an agreement whereby the user waives any cause of action against the applicant for damages or injunctive or other relief for interference with such water use, in exchange for financial payment, substitute water, or other compensation. The applicant shall file copies of any such agreements with the director who shall consider the agreements in determining whether to grant or deny a permit. Nothing in this section shall be construed to limit any power of eminent domain possessed by an applicant.
Source
Laws 1981, LB 56, § 8.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-683 - Permit; issuance; consideration; conditions.

46-683.
Permit; issuance; consideration; conditions.
(1) The director shall issue a written order containing specific findings of fact either granting or denying a permit. The director shall grant a permit only if he or she finds that the applicant's withdrawal and any transfer of ground water are in the public interest. In determining whether the withdrawal and transfer, if any, are in the public interest, the director's considerations shall include, but not be limited to:
(a) Possible adverse effects on existing surface or ground water users;
(b) The effect of the withdrawal and any transfer of ground water on surface or ground water supplies needed to meet reasonably anticipated domestic and agricultural demands in the area of the proposed ground water withdrawal;
(c) The availability of alternative sources of surface or ground water reasonably accessible to the applicant in or near the region of the proposed withdrawal or use;
(d) The economic benefit of the applicant's proposed use;
(e) The social and economic benefits of existing uses of surface or ground water in the area of the applicant's proposed use and any transfer;
(f) Any waivers of liability from existing users filed with the director;
(g) The effects on interstate compacts or decrees and the fulfillment of the provisions of any other state contract or agreement; and
(h) Other factors reasonably affecting the equity of granting the permit.
(2) The director may grant a permit for less water than requested by the applicant. The director may also impose reasonable conditions on the manner and timing of the ground water withdrawals and on the manner of any transfer of ground water which the director deems necessary to protect existing users of water. If a hearing is held, the director shall issue such written order within ninety days of the hearing.
Source
Laws 1981, LB 56, § 9;
Laws 2003, LB 619, § 13;
Laws 2006, LB 1226, § 17.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-683.01 - Permit; application to amend; procedures; limitation.

46-683.01.
Permit; application to amend; procedures; limitation.
If during construction or operation a permitholder determines (1) that an additional amount of water is or will be required for the proposed use set forth in a permit issued pursuant to section 46-683 or (2) that there is a need to amend any condition set forth in the permit, the permitholder may file an application to amend the permit. Following a hearing conducted in the manner prescribed by section 46-680, the director shall issue a written order containing specific findings of fact either granting or denying the proposed amendment in accordance with the public interest considerations enumerated in section 46-683. An application to amend a permit shall not be approved if the amendment would increase the daily peak withdrawal or the annual volume by more than twenty-five percent from the amounts approved in the original permit, except for an amendment to increase the maximum daily volumetric flow rate or annual volume to levels authorized under a permit issued by the Department of Environment and Energy pursuant to section 81-1504 and subsection (9) of section 81-1505.
Source
Laws 1986, LB 309, § 3;
Laws 2012, LB498, § 1;
Laws 2019, LB302, § 24.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-684 - Permit; revocation; procedure; violation of terms of permit; director; powers and duties.

46-684.
Permit; revocation; procedure; violation of terms of permit; director; powers and duties.
(1) A permit granted pursuant to section 46-683 shall be revoked, following a hearing conducted in the same manner as hearings conducted pursuant to section 46-680, if the director determines that the permitholder has failed to exercise the right to withdraw ground water within three years of the date specified in the permit or for a period of three consecutive years thereafter.
(2) If it appears to the director that a permitholder has withdrawn more ground water than the amount specified in the permit or has violated any of the conditions specified in the permit, the director shall give written notice to the permitholder of the alleged violation.
Within thirty days following receipt of such notice, the permitholder may:
(a) File an application to amend the permit as provided in section 46-683.01;
(b) Request a hearing before the director; or
(c) Take appropriate measures to comply with the permit.
If the permitholder fails to take action pursuant to subdivision (2)(a), (2)(b), or (2)(c) of this section, the director may issue an order requiring compliance with the permit and seek, if appropriate, a court injunction prohibiting further violations of the permit.
If the permitholder requests a hearing, the director shall within thirty days schedule a hearing within or in reasonable proximity to the area where the water wells are located. Within forty-five days following the hearing, the director shall issue an order containing specific findings of fact with reference to the alleged violation and directing the permitholder, if necessary, to cease and desist from further violations of the permit.
(3) Nothing in this section shall limit the penalty provisions of section 46-687.
Source
Laws 1981, LB 56, § 10;
Laws 1986, LB 309, § 4;
Laws 1993, LB 131, § 37.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-685 - Order or decision; appeal by affected person.

46-685.
Order or decision; appeal by affected person.
Any affected person aggrieved by any order issued or final decision made by the director pursuant to the Industrial Ground Water Regulatory Act may appeal the order to the Court of Appeals. For purposes of this section, affected person means the applicant for a permit which is the subject of the director's order or final decision and any owner of an estate or interest in or concerning land or water whose interest is or may be impacted in a direct and significant manner by the director's order or final decision.
Source
Laws 1981, LB 56, § 11;
Laws 1988, LB 352, § 80;
Laws 2001, LB 129, § 4.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-686 - Injured person; remedies available.

46-686.
Injured person; remedies available.
Any owner of an estate or interest in or concerning land or water, except a person who has signed an agreement filed with the director pursuant to section 46-682, may bring an action for damages or injunctive or other relief for any injury done to his or her land or water rights by the holder of a permit issued pursuant to section 46-683. Nothing in the Industrial Ground Water Regulatory Act shall be construed as limiting the right to resort to other means of review, redress, or relief provided by law.
Source
Laws 1981, LB 56, § 12;
Laws 2005, LB 335, § 77.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-686.01 - Withdrawal and transfer of less than 150 acre-feet; injured person; hearing; civil action; appeal; attorney's fees.

46-686.01.
Withdrawal and transfer of less than 150 acre-feet; injured person; hearing; civil action; appeal; attorney's fees.
The director shall have jurisdiction over any ground water withdrawal and transfer made under section 46-678.01. Any person using ground water at the time a notice to transfer is filed under such section whose wells thereafter suffer an unanticipated decline in ground water levels may petition the director for a hearing. Such petition shall specifically set forth the cause and extent of the ground water decline as well as the nature and extent of any injury resulting from that decline. If at such hearing the injured party presents evidence showing that the ground water levels declined as a result of such transfer and shows the nature and extent of any resulting injury, the director may issue an order terminating or conditioning the transfer to eliminate any further injury. If the injured party prevails and an order is issued pursuant to this section, the order shall provide that the person filing the notice of transfer shall pay the costs of the department and of the injured party, including reasonable attorney's fees. The injured party may maintain a civil action against the person filing the notice of transfer to recover the costs of a hydrologic evaluation. The order of the director may be appealed to the Court of Appeals.
Source
Laws 1993, LB 789, § 9;
Laws 2000, LB 900, § 222.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-687 - Violation; penalty.

46-687.
Violation; penalty.
Any person who withdraws or transfers ground water in violation of the Industrial Ground Water Regulatory Act shall be guilty of a Class IV misdemeanor. Each day shall constitute a separate offense in cases of continued violation.
Source
Laws 1981, LB 56, § 13;
Laws 1986, LB 309, § 5.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-688 - Director; rules and regulations.

46-688.
Director; rules and regulations.
The director may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Industrial Ground Water Regulatory Act. The director shall by regulation specify the contents and scope of the hydrologic evaluation required by section 46-678, taking into account the current state of hydrologic knowledge and techniques, and the factors for permit approval listed in section 46-683.
Source
Laws 1981, LB 56, § 14;
Laws 2005, LB 335, § 78.
2023 Nebraska Revised Statutes › Chapter 46 - Irrigation and Regulation of Water › 46-689 - Permitholder; subject to control area regulations.

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