reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 4 - REQUIREMENTS FOR APPLICATION APPROVAL › Section 458-4-002 - Plans and Specifications

Current through June 17, 2024
002.01 An engineer
				shall prepare all plans and specifications assisted by qualified engineering
				geologist, geotechnical engineers, geologists, and other specialists as
				necessary. Plans and specifications submitted to the Department shall be as
				detailed as they would be for submission to contractors bidding on the
				work.
002.02 Detailed
				specifications or references to standard specifications for both materials and
				construction aspects shall accompany the plans. The specifications shall be
				those currently acceptable and normally used by design and construction
				professionals. Material specifications are those specifications which will
				cover the materials proposed to be used. Construction specifications are those
				specifications describing how the work (construction, enlargement,
				reconstruction, alteration, abandonment, breach, or removal) is to be
				accomplished, the sequence of procedures to be followed, the limitations, and
				the desired results.
002.03 Plans
				for construction, enlargement, reconstruction, alteration, abandonment, breach,
				or removal of a dam shall conform to the following:
002.03A Be made on sheets with minimum
				dimensions of 11 inches by 17 inches and maximum dimensions of 22 inches by 34
				inches and shall have adequate margins on all sides.
002.03B Be of such clarity and with distinct
				characters of such size as to retain clarity and resolution when reduced to 11
				inches by 17 inches. Characters shall not be smaller than one-tenth inch on the
				11 inches by 17 inches drawings and two-tenths inch on the 22 inches by 34
				inches drawings.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 4 - REQUIREMENTS FOR APPLICATION APPROVAL › Section 458-4-003 - Emergency Action Plans

Current through June 17, 2024
003.01 An emergency
				action plan that meets the requirements of
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									46-1647
				must be submitted with an application if the dam is classified as a high hazard
				dam. If the dam is classified as a significant hazard dam, the Department will
				notify the applicant if an emergency action plan is required and when the plan
				must be filed.
003.02 An emergency
				action plan shall include:
003.02A an
				emergency notification plan with flowchart;
003.02B a statement of purpose;
003.02C a project description;
003.02D the plan for emergency detection,
				evaluation, and classification;
003.02E a chart identifying the general
				responsibilities of emergency personnel and their names and telephone
				numbers;
003.02F a preparedness
				plan;
003.02G inundation maps or
				other acceptable description of the inundated area;
003.02H appendices.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 5 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT › Section 458-5-001

Current through June 17, 2024
This Chapter applies to all dams that were completed prior
				  to September 4, 2005, but have not been approved by the
				  Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 5 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT › Section 458-5-002 - Applications

Current through June 17, 2024
Application must be made on a form provided by the
				  Department. Plans and specifications for the dam must be submitted to the
				  Department with the application form. The filing fee shall accompany the
				  application.
002.01 If a surface water
				appropriation is required for the storage reservoir in accordance with
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									46-241,
				the plans, specifications and application for approval shall be submitted at
				the same time as the application for a surface water appropriation.
002.02 If the owner of the dam is not the
				landowner of the land where the dam and reservoir are, the application shall be
				accompanied by documentary evidence describing the relationship and
				responsibilities of the owner of the dam and the landowner. Acceptable
				documentary evidence includes but is not limited to leases, contracts,
				memoranda of agreement, or easements. The application will not be approved if
				the owner of the dam does not have sufficient legal authority to operate and
				maintain the dam and reservoir for its anticipated design life or sufficient
				authority to comply with any order the Department issues regarding the safety
				of the dam or operation of the dam and reservoir.
002.03 The application form must be signed by
				all the owners of the dam and reservoir.
002.04 The application shall include the
				name, mailing address, electronic address and telephone number of the person or
				persons responsible for maintaining and operating the dam and reservoir. Each
				person's responsibility shall be described in sufficient detail to provide the
				Department a complete description of each person's duties and responsibilities
				and accurate information about how each person can be contacted. The
				application must include copies of all contracts or other agreements between
				the applicant and the person responsible for operation and/or maintenance of
				the dam and reservoir.
002.05 If
				the dam does not have an outlet for releasing water in compliance with
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									46-241(5),
				a request for a waiver as described in Department rule Title 458, Chapter 6
				must accompany the application for approval.
002.06 The Department will return
				applications that are incomplete or incorrectly filled out to the applicant.
				The corrected or completed application must be returned to the Department
				within ninety days. Failure to refile within 90 days will result in the
				forfeiture of the fees, and dismissal of the application. If applicable, the
				application for an associated surface water storage appropriation will also be
				dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 5 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT › Section 458-5-003 - Plans

Current through June 17, 2024
All plans and specifications shall be prepared by an
				  engineer, assisted by qualified engineering geologists, geotechnical engineers,
				  geologists and other specialists as necessary. Plans and specifications shall
				  be as detailed as they would be for submission to contractors bidding on work.
				  Plans shall include:
003.01 A
				topographic map of the reservoir area as determined by on-site or
				photogrammetric surveys with 2 foot contour intervals or less.
003.02 A table showing the incremental and
				cumulative reservoir surface area and reservoir storage at 2-foot elevation
				intervals and at the crest elevation of the drawdown, the principal and
				auxiliary spillways, other outlets and the top of dam elevation.
003.03 A map showing the outside limits of
				the reservoir water line at maximum storage elevation and at normal storage
				elevation, the dam location, the government subdivisions in which the dam and
				reservoir are located including the quarter section, section, township, range,
				and county; the location and name of any and all streams which are the source
				of water or on which the dam is located and, if applicable, the location of any
				pump or diversion facility used to provide water to the reservoir.
003.04 The height of the dam from the
				downstream toe of the dam to the maximum storage elevation.
003.05 The cross sections listed below
All elevations referred to in the cross sections must refer
				  to the North American Vertical Datum of 1988 or an assumed benchmark.
003.05A The valley along the centerline of
				the dam showing the profile of the top of the dam and the original ground
				line;
003.05B A maximum cross
				section perpendicular to the dam centerline and other cross-sections or views
				to clarify construction details;
003.05C Other cross-sections, profiles or
				plan views showing the location and elevations of the drawdown works,
				spillways, and other components.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 5 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT › Section 458-5-004 - Emergency Action Plans

Current through June 17, 2024
004.01 An emergency
				action plan that meets the requirements of
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				must be submitted with an application if the dam is classified as a high hazard
				dam. If the dam is classified as a significant hazard dam, the Department will
				notify the applicant if an emergency action plan is required and when the plan
				must be filed.
004.02 An emergency
				action plan shall include: 004
An emergency action plan shall include:
004.02A an emergency notification plan with
				flowchart;
004.02B a statement of
				purpose;
004.02C a project
				description;
004.02D the plan for
				emergency detection, evaluation, and classification;
004.02E a chart identifying the general
				responsibilities of emergency personnel and their names and telephone
				numbers;
004.02F a preparedness
				plan;
004.02G inundation maps or
				other acceptable description of the inundated area;
004.02H appendices.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 6 - OUTLET WORKS › Section 458-6-001 - REQUIREMENT

Current through June 17, 2024
In order to protect the rights of persons downstream and to
				  facilitate compliance with interstate compacts, decrees and agreements, all
				  dams, including all structures subject to Chapter 4 and 5 of these rules, are
				  required to have an outlet works. The Department may waive the requirement for
				  an outlet works if the owner of the dam has an acceptable alternative method
				  for passing water when ordered to do so. A request for a waiver must be filed
				  on a form provided by the Department and must describe why an outlet works is
				  not necessary, and how the owner of the dam will meet the requirements of
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									46-241(5)
				   and be accompanied by the filing fee. The
				  Department will not allow waivers for dams associated with public roadways, or
				  for dams required to have emergency action plans.
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											33-105(8)
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 7 - CHANGE OF OWNERSHIP › Section 458-7-001

Current through June 17, 2024
The owner of any dam shall notify the Department of any
				  change in the ownership of the dam or reservoir or of the land where the dam
				  and reservoir are located. The notification shall be made on a form provided by
				  the Department. All forms shall include the following:
001.01 For those instances where the
				ownership of the land has changed, a copy of the deed or other document
				transferring ownership of the land occupied by the dam and reservoir shall be
				submitted with the form.
001.02 For
				those instances where the ownership of the dam has changed, and the owner of
				the dam is not the owner of the land where the dam and reservoir are located, a
				copy of the trust agreement, lease, memorandum of agreement, deed, or other
				document transferring ownership of the dam and describing the responsibilities
				and authorities of the new owner shall be submitted with the form.
001.03 If the dam and reservoir are located
				on a tract not under one contiguous ownership, or there are holders of
				easements on the land where the dam and reservoir are located, the owner of the
				dam shall submit with the change of ownership form, a copy of an agreement,
				signed by all owners and applicable holders of easements, describing:
(1) who is responsible for the operation of
				the dam and reservoir, including any releases from the reservoir;
(2) who is responsible for maintenance of the
				structure; and (3) for reservoirs that are permitted under the provisions of
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										46-241,
				what amount of the appropriation to impound is to be appurtenant to each
				owner's property and what is the basis for the distribution. Such agreements
				are not required when the deed or document transferring ownership or an
				easement describes such information and such document is submitted with the
				form.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 8 - CHANGE OF ADDRESS › Section 458-8-001

Current through June 17, 2024
The owner of any dam shall promptly notify the Department in
				  writing of any change of address of the owner or person responsible for
				  maintenance or operation of the dam or reservoir.
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 9 - NOTICE OF CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, ALTERATION, BREACH, REMOVAL, OR ABANDONMENT › Section 458-9-001

Current through June 17, 2024
The owner of a dam shall provide written notice to the
				  Department at least ten days before construction, reconstruction, enlargement,
				  alteration, breach, removal, or abandonment of the dam is to begin. Notice
				  shall be given immediately after foundation preparation and principal spillway
				  construction and at least two days prior to backfilling the spillway. Notices
				  must be in writing and addressed to the Chief Engineer or the Construction
				  Inspector of the Department's Dam Safety Section. Notices may be delivered to
				  the Department by mail, facsimile or electronic mail.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 9 - NOTICE OF CONSTRUCTION, RECONSTRUCTION, ENLARGEMENT, ALTERATION, BREACH, REMOVAL, OR ABANDONMENT › Section 458-9-002

Current through June 17, 2024
This rule does not apply to dams associated with livestock
				  waste control facilities.
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											46-1654(5)
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 10 - COMPLETION CERTIFICATION › Section 458-10-001

Current through June 17, 2024
The owner of a dam shall file with the Department a
				  completion certification after completion of a new or reconstructed dam and
				  reservoir or enlargement of a dam and reservoir, or the alteration of any dam.
				  The completion certification shall be on a form provided by the Department
				  accompanied by supplementary drawings or descriptive matter signed and sealed
				  by the engineer, showing or describing the work as actually completed. The
				  drawings and descriptive matter shall substantially conform to the requirements
				  for plans and specifications in Chapter 4 of these regulations. If the
				  construction, reconstruction, enlargement or alteration of the dam and
				  reservoir meet the requirements of the Safety of Dams and Reservoirs Act and
				  these regulations, the Department will issue an approval to operate to the
				  owner.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 10 - COMPLETION CERTIFICATION › Section 458-10-002

Current through June 17, 2024
The owner of a dam shall file with the Department a
				  completion certification after completion of the removal, breach, or
				  abandonment of the dam. The completion certification shall be made on a form
				  provided by the Department accompanied by supplementary drawing or descriptive
				  matter, signed and sealed by the engineer responsible for the work, showing or
				  describing the work as actually completed. The drawings or descriptive matter
				  shall substantially conform to the requirements for plans and specifications in
				  Chapter 4 of these regulations.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 10 - COMPLETION CERTIFICATION › Section 458-10-003

Current through June 17, 2024
For dams classified as high hazard, and for those
				  significant hazard dams that are required to have an emergency action plan, the
				  owner of the dam shall file a report of initial fill signed and sealed by the
				  engineer. The report shall be filed by the first May 30 after the approval to
				  operate was issued. The report shall include information on the initial seepage
				  flows, information regarding the integrity of the dam, and the elevations and
				  quantity of water impounded. The owner shall continue to file a report of
				  initial fill by May 30 of each year until the reservoir has filled to the
				  normal permitted storage capacity. After the reservoir has filled to its normal
				  permitted storage capacity, the owner shall submit the report of final fill. No
				  further reports shall be required unless the Department orders the owner to
				  submit a report to address a safety concern.
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											46-1651
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-001

Current through June 17, 2024
When the safety and technical considerations pertaining to
				  an application approval, an approval to operate, or the plans and
				  specifications of a dam require it, or when requested by the owner, the
				  Department shall appoint a Consulting Board of three or more engineers to
				  report to the Department on the safety features involved. The cost and expense
				  of a Consulting Board, if appointed at the request of an owner, shall be paid
				  by the owner.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-002

Current through June 17, 2024
Dam owners interested in having an independent third-party
				  review performed shall submit their request to the Department in writing. The
				  Department will not accept a request for review from anyone other than the
				  owner of a dam. The request must be accompanied by the filing fee and include
				  the following information:
002.01 The
				purpose of requesting a Consulting Board review.
002.02 The application number or plan number
				assigned to the project by the Department.
002.03 A statement acknowledging that the dam
				owner understands that the fees associated with the Consulting Board review are
				the responsibility of the dam owner and that the dam owner agrees to pay such
				fees.
002.04 A statement
				acknowledging that the conclusions and recommendations of the Consulting Board
				are not binding upon the Department and that the Department maintains the final
				authority for the approval of all designs, reports, studies, and other
				engineering documents.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-004

Current through June 17, 2024
The Department shall maintain a list of all engineers
				  willing to serve on a Consulting Board on its website whom the Department has
				  found to be qualified.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-005

Current through June 17, 2024
Upon receipt of a request for a Consulting Board review, the
				  Department shall randomly appoint engineers on the list that are able to serve
				  for the project described. Those appointed cannot have any conflict of interest
				  concerning the project subject to review and shall not have been employed by
				  the dam owner within the last five years.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-006

Current through June 17, 2024
Once the board is formed, the Department will schedule a
				  meeting with the dam owner, Department and the Consulting Board. The purpose of
				  the meeting is to discuss the purpose and extent of the review and the time
				  frame for completing the review. The dam owner shall pay to the Board members
				  one-half the probable costs of review prior to the start of the
				  review.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-007

Current through June 17, 2024
The Consulting Board's role is to provide an independent
				  review. Therefore, when reviewing plans and specifications of another engineer,
				  the Consulting Board shall send to the Department in writing any questions it
				  has for the design engineer, or shall request the Department to schedule a
				  meeting with the design engineer.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-008

Current through June 17, 2024
The dam owner, the engineer or any agent of the owner are
				  prohibited from contacting or lobbying the Consulting Board except for contact
				  made during meetings scheduled and attended by the Department. Any contact by
				  the dam owner, the engineer or any agent of the owner with a member of the
				  Consulting Board shall be documented in writing by the board member and
				  provided to the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 11 - CONSULTING BOARD › Section 458-11-009

Current through June 17, 2024
The Consulting Board shall compile a final report of its
				  review and submit a copy to the Department and to the dam
				  owner.
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 12 - HAZARD POTENTIAL CLASSIFICATION › Section 458-12-001

Current through June 17, 2024
All dams shall be classified as high hazard potential,
				  significant hazard potential, low hazard potential, or minimal hazard potential
				  as defined in these rules. The Department will accept only those hazard
				  potential classifications made by an engineer with experience in classifying
				  dam hazard potential.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 12 - HAZARD POTENTIAL CLASSIFICATION › Section 458-12-002

Current through June 17, 2024
Any dam located within three miles of the jurisdictional
				  limits of a city of the metropolitan class or primary class, or any dam within
				  two miles of the jurisdictional limits of a city of the first class, or any dam
				  within one mile of the jurisdictional limits of a city of the second class or a
				  village, shall be classified as high hazard potential unless such dam and
				  hazard classification were previously approved by the Department.
Classification can be mitigated or adjusted if development in
				  the breach route area is sufficiently curtailed due to zoning restrictions,
				  easements, deed restrictions, or other methods of restriction
				  acceptable.
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 13 - OPERATION AND MAINTENANCE OF A DAM AND RESERVOIR › Section 458-13-001 - Requirement

Current through June 17, 2024
It is the responsibility of the owner(s) of the dam and
				  reservoir to notify the Department of any changes in responsibility for the
				  maintenance or operation of the dam or reservoir, including who is responsible
				  for any releases from the reservoir. Notification shall be made on a form
				  provided by the Department and include the name, mailing address, electronic
				  address and telephone number of the person or persons responsible for
				  maintaining and operating the dam and reservoir. The owner(s) shall provide a
				  complete description of each person's duties and responsibilities and accurate
				  information about how each person can be contacted. Copies of all contracts or
				  other agreements between the dam owner and the person(s) responsible for
				  operation and/or maintenance of the dam and reservoir shall be submitted with
				  the notification form.
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-001 - Banks of the River

Current through June 17, 2024
For purposes of this Chapter, the banks of the river means the words used in
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									37-706(3), and is depicted by a line on maps produced by the Department of Natural Resources ("Department") using best available technical information, best available elevation information, and past and present observations of the river and adjacent lands.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-002 - Update of Boundary

Current through June 17, 2024
The Department may update the boundary determination whenever it determines that there has been a substantial change in the location of the banks of the river used for locating such boundary. For purposes of this chapter, a substantial change in the location of the banks of the river will be deemed to have occurred if a horizontal movement of greater than fifteen (15) yards has occurred from the current river bank line, and such change in the river bank line has been maintained for a period of at least two (2) years. Any member of the public may request the Department to review its boundary determination by submitting an petition requesting such review. Every petition must be accompanied by a representation made by the applicant that the boundary has undergone a substantial change as defined by this section. The Department shall not be required to update the boundary determination more often than once every five (5) years.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-003 - Boundary - Garden County, Nebraska

Current through June 17, 2024
See
Neb. Rev. Stat.
§
									37-706(1)
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-004 - Boundary - Douglas-Saunders County Game Refuge

Current through June 17, 2024
See
Neb. Rev. Stat.
§
									37-706(2)(a).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-005 - Boundary - Niobrara River Game Refuge

Current through June 17, 2024
Niobrara River Game See
Neb. Rev. Stat.
§
									37-706(2)(b).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-006 - Boundary - North Platte River Game Refuge

Current through June 17, 2024
See
Neb. Rev. Stat.
§
									37-706(2)(c).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 459 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES › Chapter 1 - RULES RELATED TO BOUNDARY OF STATE GAME REFUGES - VARIOUS COUNTIES, NEBRASKA › Section 459-1-007 - State Game Refuge Maps

Current through June 17, 2024
The attached maps depict the boundaries of the State Game Refuges.
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Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 461 - DEPARTMENT OF NATURAL RESOURCES RULES GOVERNING THE ADMINISTRATION OF THE WATER RESOURCES CASH FUND › Chapter 1 - GENERAL PROVISIONS › Section 461-1-001 - General Availability of Funds

Current through June 17, 2024
The Department of Natural Resources is authorized to make
				  expenditures from the Fund for costs incurred by the Department, by natural
				  resources districts, or by other political subdivisions as provided in Neb.
				  Rev. Stat. §
									61-218(3).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 461 - DEPARTMENT OF NATURAL RESOURCES RULES GOVERNING THE ADMINISTRATION OF THE WATER RESOURCES CASH FUND › Chapter 1 - GENERAL PROVISIONS › Section 461-1-002 - Definitions

Current through June 17, 2024
As used in these rules and regulations, unless the context
				  otherwise requires:
002.01.
				"Agreement" means the Nebraska Department of Natural Resources
				Application/Agreement to expend money from the Fund;
002.02. "District" or "Natural Resources
				District" means a district created and operating in accordance with Chapter 2,
				Article 32, Reissue Revised Statutes of Nebraska;
002.03. "Fund" means the Water Resources Cash
				Fund;
002.04. "Person" is defined
				pursuant to Title 454, Chapter 1, of the Nebraska Administrative Code;
				and
002.05. "Match of Local
				Funding" Means funding used by a local jurisdiction for an eligible activity
				that is not from state tax revenue derived sources.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 461 - DEPARTMENT OF NATURAL RESOURCES RULES GOVERNING THE ADMINISTRATION OF THE WATER RESOURCES CASH FUND › Chapter 1 - GENERAL PROVISIONS › Section 461-1-003 - Primary Allocation and Distribution of Funds

Current through June 17, 2024
Subject to the Director's discretion, up to one hundred
				  percent (100%) of the money appropriated to the Fund for a state fiscal year
				  may be utilized by the Department to fund activities identified in §
									61-218(3)(a)and
				  (b).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 461 - DEPARTMENT OF NATURAL RESOURCES RULES GOVERNING THE ADMINISTRATION OF THE WATER RESOURCES CASH FUND › Chapter 1 - GENERAL PROVISIONS › Section 461-1-004 - Alternative Allocations and Distribution of Funds

Current through June 17, 2024
In the event all of the funds appropriated for a state fiscal
				  year are not allocated and distributed in accordance with Section 003 of this
				  Chapter, the Director may, at his or her discretion, make funds available to
				  eligible natural resources districts for activities to either achieve a
				  sustainable balance of consumptive water uses or assure compliance with an
				  interstate compact or decree or a formal state contract or agreement.
004.01. The Director will, no later than May
				1 of each year determine the amount of funding available to eligible natural
				resources districts for the respective year and notify natural resources
				districts of this determination.
004.02. Specific eligibility for funding
				requires implementation of integrated management plans in accordance with
				§
									46-715.
004.03. Any applications for
				funding are filed with the Department in writing by June 15 of the funding year
				and include:
004.03(A). An explanation of how
				the planned activity will reduce consumptive uses of water in river basins,
				subbasins, or reaches that are deemed by the department overappropriated
				pursuant to §
										46-713
				or fully appropriated pursuant to §
										46-714
				or assure compliance with an interstate compact or decree or a formal state
				contract or agreement as required by §
										46-715;
004.03(B). The controls, rules, and
				regulations of the district designed to carry out the activity;
004.03(C). A schedule of implementation of
				the activity or its components; and
004.03(D). A budget demonstrating a match of
				local funding in an amount equal to or greater than forty percent of the total
				cost of carrying out the eligible activity.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 461 - DEPARTMENT OF NATURAL RESOURCES RULES GOVERNING THE ADMINISTRATION OF THE WATER RESOURCES CASH FUND › Chapter 1 - GENERAL PROVISIONS › Section 461-1-005

Current through June 17, 2024
In the event all of the funds appropriated for a state fiscal
				  year are not allocated and distributed in accordance with Section 003 or
				  Section 004 of this Chapter, the Director may fund in conformance with Neb.
				  Rev. stat. §
									61-218(3)(c).
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-003 - AUTHORIZED DEPUTY or AGENT

Current through June 17, 2024
AUTHORIZED DEPUTY
or
AGENT
shall
				  mean a representative of the Nebraska Oil and Gas Conservation Commission
				  authorized by the Commission.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-005 - CUBIC FOOT

Current through June 17, 2024
CUBIC FOOT
of gas for reporting purposes shall
				  be the volume of gas contained in one cubic foot of space at a standard
				  pressure of 14.73 psia and at a standard temperature of 60°
				  F.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-009 - OIL WELL

Current through June 17, 2024
OIL WELL
shall mean a well, the principal
				  production of which at the wellhead is oil as defined by the
				  Act.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-010 - GAS WELL

Current through June 17, 2024
GAS WELL
shall mean a well, the principal
				  production of which at the wellhead is gas as defined by the Act and is not an
				  oil well as defined above.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-011 - WELL

Current through June 17, 2024
WELL
, unless otherwise defined in these Rules
				  and Regulations, shall refer only to an oil or gas well, or enhanced recovery
				  injection or disposal injection well, or to a hole drilled for the purpose of
				  producing oil or gas, or injecting fluids for enhanced recovery purposes or
				  injecting wastes associated with oil and gas production, including salt water.
				  It shall not include seismic, core or other exploratory holes drilled for the
				  purpose of obtaining geological information.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-012 - DESIGNATED AGENT

Current through June 17, 2024
DESIGNATED AGENT
, when used herein, shall mean
				  the designated representative of any oil or gas lessee, owner or
				  operator.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-013 - FIELD, POOL, PERSON, OWNER, PRODUCER, OIL, GAS, WASTE, CORRELATIVE RIGHTS

Current through June 17, 2024
The words
FIELD, POOL, PERSON, OWNER, PRODUCER, OIL,
				  GAS, WASTE, CORRELATIVE RIGHTS
as defined by the Act apply in these
				  Rules and Regulations.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-014 - SPECIAL FIELD RULES

Current through June 17, 2024
SPECIAL FIELD RULES
shall mean those rules
				  promulgated for and limited in their application to individual pools or fields
				  entirely or partially within the State of Nebraska.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-015 - COMPLETION or RE-COMPLETION

Current through June 17, 2024
An oil well shall be considered completed when the first oil,
				  exclusive of a quantity equal to any crude or refined oil injected into casing
				  or formation as a part of the completion operations, is produced through
				  wellhead equipment from the producing interval after casing has been run. A gas
				  well shall be considered completed when the well is capable of producing gas
				  through wellhead equipment from the producing zone after casing has been run. A
				  dry hole or nonproductive well shall be considered completed when all
				  provisions of plugging are complied with as set out in these
				  rules.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-016 - INITIAL PURCHASER

Current through June 17, 2024
INITIAL PURCHASER
shall mean the purchaser
				  having title to the oil or gas when it is first transported from the
				  lease.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-017 - COMMINGLING IN THE WELL BORE

Current through June 17, 2024
COMMINGLING IN THE WELL BORE
shall mean the
				  production of more than one pool concurrently through a common well bore
				  without segregation within the well bore of the pools exposed to
				  production.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-018 - MULTIPLE COMPLETION

Current through June 17, 2024
MULTIPLE COMPLETION
shall mean the completion of
				  any one well in such a manner that each of two or more pools may be produced
				  concurrently and independently through the same well bore and without
				  commingling in the well bore of fluids produced from the various segregated
				  pools.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-019 - FRESH WATER

Current through June 17, 2024
FRESH WATER
means a source of water used for
				  drinking water purposes, or water contained in an aquifer which contains less
				  than ten thousand (10,000) parts per million total dissolved solids, unless the
				  aquifer is exempted by the Director.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-020 - INACTIVE WELL

Current through June 17, 2024
An
INACTIVE WELL
is classified as SHUT-IN when
				  the completion interval is open to the tubing or to the casing. An inactive
				  well is classified as TEMPORARILY ABANDONED when the completion interval is
				  isolated.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-022 - EXEMPT E&P WASTE

Current through June 17, 2024
EXEMPT E&P WASTE
shall mean those
				  exploration and production wastes exempted from hazardous waste regulation
				  under the Resource Conservation and Recovery Act (RCRA).
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-023 - SURFACE WATERS

Current through June 17, 2024
SURFACE WATERS
shall mean all waters within the
				  state, including all streams, lakes, ponds, reservoirs, and drainage systems.
				  Surface waters do not include those areas designated as wastewater treatment
				  ponds, irrigation reuse ponds, low-lying areas that retain water on a temporary
				  basis and intermittent streams.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-024 - ALL OTHER WORDS

Current through June 17, 2024
ALL OTHER WORDS
used herein shall be given their
				  usual customary and accepted meaning; and all words of a technical nature, or
				  peculiar to the oil and gas industry, shall be given that meaning which is
				  generally accepted in said oil and gas industry.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 1 - DEFINITIONS › Section 267-1-025 - GS ACT

Current through June 17, 2024
GS Act
shall mean the Nebraska Geologic Storage
				  of Carbon Dioxide Act, Nebraska Revised Statutes Sections
				  57-1601
				  to
				  57-1624.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 2 - GENERAL RULES › Section 267-2-001 - EFFECTIVE SCOPE OF RULES AND REGULATIONS

Current through June 17, 2024
All rules and regulations of a general nature herein
				  promulgated to prevent waste and to conserve oil and gas in the State of
				  Nebraska shall be effective throughout the State of Nebraska and be in force in
				  all pools and fields except as they may be amended, modified, altered or
				  enlarged generally or in specific individual pools or fields by orders issued
				  by the Commission and except where special field rules apply, in which case the
				  special field rules shall govern to the extent of any
				  conflict.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 2 - GENERAL RULES › Section 267-2-002 - RIGHT TO INSPECT

Current through June 17, 2024
The Director and his authorized deputies shall have the right
				  at all reasonable times to go upon and inspect any oil or gas properties and
				  wells for the purpose of making any investigation or tests to ascertain whether
				  the provisions of the statutes or these rules or any special field rules are
				  being complied with, and shall report any violation thereof to the
				  Commission.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 2 - GENERAL RULES › Section 267-2-003 - ACCESS TO RECORDS

Current through June 17, 2024
All producers, operators, drilling contractors, well service
				  companies and initial purchasers of oil and gas within this State, shall make
				  and keep appropriate books and records covering their operations in the State
				  from which they may be able to make and substantiate the reports required by
				  the Commission. Such books, records and copies of said reports and notices
				  required by the Commission shall be kept on file and available for inspection
				  by the Director or his authorized deputies for a period of at least five (5)
				  years. The Director and his authorized deputies shall have access to all well
				  records wherever located. All owners or operators shall permit the Director or
				  authorized deputy, at their risk, in the absence of negligence on the part of
				  the owner, to come upon any lease, property or well operated or controlled by
				  them, and to inspect the record and operation of such wells and to have access
				  at all times to any and all records of wells; provided that information so
				  obtained shall be kept confidential, unless the owner gives written permission
				  to release such information, and shall be reported only to the Commission or
				  its authorized deputies.
Nebraska Administrative Code › Topic - OIL AND GAS CONSERVATION COMMISSION › Title 267 - NEBRASKA OIL AND GAS CONSERVATION COMMISSION › Chapter 2 - GENERAL RULES › Section 267-2-004 - REPORTS

Current through June 17, 2024
All producers, operators, drilling contractors, well service
				  companies and initial purchasers of oil and gas within the State shall from
				  time to time file such reports containing such information and covering such
				  periods as the Commission shall require.