Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 9 - TRANSFERS AND CHANGES › Section 457-9-001 - EXPEDITED TRANSFERS IN LOCATION OF USE

Current through June 17, 2024
001.01 Expedited
				Transfer Process may only be used when:
001.01A All the land involved in the transfer
				is under the same ownership or is within the same irrigation district,
				reclamation district, public power and irrigation district, or mutual
				irrigation or canal company.
001.01B The appropriation is used and will
				continue to be used exclusively for irrigation purposes.
001.01C The only lands involved in the
				proposed transfer are:
001.01C1 Lands within
				the quarter section of land to which the appropriation is appurtenant,
				or
001.01C2 Lands within such
				quarter section of land and one or more quarter sections of land each of which
				is contiguous to the quarter section of land to which the appropriation is
				appurtenant (for purposes of this section, contiguous shall mean any quarter
				section adjacent to, including those quarter sections which share corners with,
				the original quarter section(s) to which the appropriation is appurtenant),
				or
001.01C3 Lands within the
				boundaries or service area of and capable of service by the same irrigation
				district, reclamation district, public power and irrigation district, or mutual
				irrigation or canal company
001.01D After the transfer, the total number
				of acres irrigated under the appropriation will be no greater than the number
				of acres that could legally be irrigated under the appropriation prior to the
				transfer. There may be less acres irrigated after the transfer, if:
001.01D1 All of the current water
				appropriation is going to be placed on fewer acres and all water appropriations
				that exist at the new place of use after the proposed transfer do not exceed
				one-seventieth (1/70) of a cubic foot per second per acre. In such situations
				the Department will also reduce the maximum annual amount allowed under the
				appropriations pertaining to the proposed tract such that they do not exceed
				three-acre feet per acre per annum or that amount allowed under the
				appropriation, whichever is less.
001.01D2 The applicant relinquishes any
				remaining rights.
001.01E
				The transfer will not result in a change in the point of diversion.
001.01F The transfer will not diminish the
				water supply available for or otherwise adversely affect any other water
				appropriator. Rule 001.03 herein describes the criteria that must be met in
				order for the Department to make this determination as it relates to the
				expedited process.
001.01G The
				associated incidental underground water storage is to be transferred and the
				transfer is within the boundaries of the incidental underground water storage
				appropriation, or the Department has sufficient documentation to conclude that
				incidental underground storage can and will occur at the new location of use.
If applications are not found to meet the above criteria,
				  they will be processed under the non-expedited process described in 46-291
				  R.R.S. 1943, as amended, and Department Rule Title 457, Chapter 9, subsection
				  002.