reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-002 - COMMENCEMENT OF A CONTESTED CASE

Current through June 17, 2024
002.01. A contested case begins with the timely filing of a:
002.01(A). Formal objection to an application; or
002.01(B). Formal objection to a petition; or
002.01(C). Formal objection to a transfer made under the provisions of Neb.
										Rev. Stat. § 46-678.01; or
002.01(D). A notice by the
										Department that a hearing will be held on the Director's own motion regarding an application or petition;
										or
002.01(E). Request for a hearing by an applicant aggrieved by
										a decision made under the provisions of Neb. Rev. Stat. § 46-235 in those instances where a hearing was
										not held before the final decision; or
002.01(F). Request for a
										hearing on any Department order that is a final decision when the decision was made without a contested case
										hearing and the petition is filed by a party to the proceeding; or
002.01(G). Formal complaint regarding violations under the authorities of
										the Department; or
002.01(H). An investigative, adjudicative or
										show cause order issued by the Director under the authorities of the Department; or
002.01(I). Petition for a hearing from a natural resources district under
										the provisions of Neb. Rev. Stat § 46-691.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-003

Current through June 17, 2024
A party may appear on his or her own behalf in a contested case
											  proceeding or may be represented by an attorney or other representative as permitted by law. Any attorney
											  that is not admitted into practice in Nebraska must be associated with an attorney admitted in this state as
											  allowed by state statutes
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-004 - PLEADINGS

Current through June 17, 2024
The pleadings in a contested case may include a petition, answer, reply,
											  notice, motion, stipulation, objection, or order or other formal written document filed in a proceeding
											  before the Department. Any pleading filed in a contested case shall meet the following requirements:
004.01. The pleading shall contain a heading specifying the name of the
										Department and the title or nature of the pleading, shall state material factual allegations and state
										concisely the action the Department is being requested to take, shall contain the name and address of the
										Petitioner, and shall be signed by the party filing the pleading, or when represented by an attorney, shall
										be signed by that attorney;
004.02. Attorneys shall also include
										their address, telephone number, and bar association number;
004.03. The initial petition shall also contain the name and address of the
										Respondent;
004.04. All pleadings shall be made on white,
										letter-sized (8½" X 11") paper and shall be legibly typewritten, photostatically reproduced, printed,
										or handwritten. If handwritten, a pleading must be written in ink;
004.05. All pleadings must be filed with the Department at its official
										office; and
004.06. All pleadings subsequent to the commencement
										of the contested case shall be served by the party filing such pleading upon all attorneys of record or other
										representatives of record and upon all unrepresented parties. Service shall be made personally or by
										first-class or certified mail, written proof of such service shall be filed with the Department at the time
										of the filing of the pleading.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-005

Current through June 17, 2024
The Director may, prior to serving a complaint or objection as described
											  in 006 of this rule, dismiss a complaint or objection without holding a hearing when it is found that there
											  is a lack of jurisdiction or of authority to grant the relief requested.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-006

Current through June 17, 2024
The Department shall serve a copy of the objection or complaint on each
											  Applicant, Petitioner or Defendant listed in the pleading personally or by first-class or certified mail.
											  Written proof of such service shall be filed with the Department. Each Applicant or Defendant who chooses to
											  file a responsive pleading must do so within 30 days from the date of personal service or the date of
											  Department mailing of the objection or complaint
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-007

Current through June 17, 2024
A hearing date shall be set by the Department in accordance with
											  statutory requirements. A written notice of the date, time and place of hearing and the name of the Hearing
											  Officer, if known, shall be served by the Department upon all attorneys of record or other representatives of
											  record and upon all unrepresented parties. The notice shall include a proof of such service and shall be
											  filed with the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-008 - INTERVENTION IN A PROCEEDING

Current through June 17, 2024
008.01. Intervention in a proceeding shall be allowed when the following
										requirements are met:
008.01(A). A petition for intervention is filed with
										the Department at least five days before the hearing. Copies must be served by the Petitioner for
										intervention to all parties named in the Hearing Officer's notice of the hearing and any other parties that
										subsequently joined the proceeding;
008.01(B). The petition for
										intervention states facts demonstrating that the Petitioner's legal rights, duties, privileges, immunities,
										or other legal interests may be substantially affected by the proceeding or that the Petitioner qualifies as
										an Intervenor under any provision of law; and
008.01(C). The
										Hearing Officer or designee determines that the interests of justice and the orderly and prompt conduct of
										the proceedings will not be impaired by allowing the intervention.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-009 - HEARING OFFICER; CRITERIA

Current through June 17, 2024
009.01. The Department may delegate to a Hearing Officer the functions of
										conducting a prehearing conference and/or a hearing and submitting a recommended decision to the
										Director.
009.02. A person who has served as investigator,
										prosecutor, or advocate in a contested case or in its prehearing stage may not serve as Hearing Officer or
										assist or advise a Hearing Officer in the same proceeding except as provided in subsection 009.04.
009.03. A person who is subject to the authority, direction, or discretion
										of one who has served as investigator, prosecutor, or advocate in a contested case or in its prehearing stage
										may not serve as Hearing Officer or advise a Hearing Officer in the same proceeding except as provided in
										subsection 009.04.
009.04. If all parties consent, a person who
										has served as, or who is subject to the authority, direction, or discretion of one who has served as
										investigator, prosecutor, or advocate in a contested case or in its prehearing stage may assist a Hearing
										Officer in the preparation of orders.
009.05. A person who has
										participated in a determination of probable cause or other equivalent preliminary determination in a
										contested case may serve as Hearing Officer or assist or advise a Hearing Officer in the same
										proceeding.
009.06. A person may serve as Hearing Officer at
										successive stages of the same contested case.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-010 - PREHEARING PROCEDURES

Current through June 17, 2024
010.01.
										Prehearing conferences and orders. At the discretion of the Hearing Officer or upon the request of any party,
										a prehearing conference may be held. All requests for a prehearing conference must be filed at least five
										days prior to any scheduled hearing. If a prehearing conference is not held, a Hearing Officer for the
										hearing may issue a prehearing order, based on the pleadings, to regulate the conduct of the
										proceedings.
010.02. If a prehearing conference is conducted:
010.02(A). The Hearing Officer shall promptly notify the Department of the
										determination that a prehearing conference will be conducted. The Department may assign another Hearing
										Officer for the prehearing conference; and
010.02(B). The Hearing
										Officer for the prehearing conference shall set the date, time and place of the conference and give
										reasonable written notice to all parties and to all persons who have filed written petitions to intervene in
										the matter. The notice shall be given to other persons entitled to notice.
010.02(C). The notice referred to in subsection 010.02B shall include the
										following:
010.02(C)(i). The names and mailing addresses of all parties and
										other persons to whom notice is being given by the Hearing Officer;
010.02(C)(ii). The name, official title, mailing address, and telephone
										number of any counsel or employee who has been designated to appear for the Department;
010.02(C)(iii). The official file or other reference number, the name of
										the proceeding, and a general description of the subject matter;
010.02(C)(iv). A statement of the date, time, place, and nature of the
										prehearing conference;
010.02(C)(v). A statement of the legal
										authority and jurisdiction under which the prehearing conference and the hearing are to be held;
010.02(C)(vi). The name, official title, mailing address, and telephone
										number of the Hearing Officer for the prehearing conference;
010.02(C)(vii). A statement that a party who fails to attend or participate
										in a prehearing conference, hearing, or other stage of a contested case or who fails to make a good faith
										effort to comply with a prehearing order may be held in default under the
Administrative Procedure
										Act
and these rules; and
010.02(C)(viii). Any other
										matters that the Hearing Officer considers desirable to expedite or otherwise improve the
										proceedings.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-011 - DISCOVERY IN CONTESTED CASES

Current through June 17, 2024
011.01. The Hearing Officer or a designee, at the request of any party or
										upon the Hearing Officer's own motion, may issue subpoenas, discovery orders, and protective orders utilizing
										the Nebraska Supreme Court rules except as may otherwise be prescribed by law. To the extent authorized by
										law, subpoenas and orders issued under this subsection may be enforced by the district court.
011.02. Any prehearing motion to compel discovery, motion to quash, motion
										for protective order or other discovery-related motion shall:
011.02(A).
										Quote the interrogatory, request, question, or subpoena at issue, or be accompanied by a copy of the
										interrogatory, request, subpoena or excerpt of a deposition;
011.02(B). State the reasons supporting the motion;
011.02(C). Be accompanied by a statement setting forth the steps or efforts
										made by the moving party or his or her counsel to resolve by agreement the issues raised and that agreement
										has not been achieved; and
011.02(D). Be filed with the
										Department. The moving party must serve copies of all such motions to all parties to the contested
										case.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-012 - CONTINUANCE

Current through June 17, 2024
The Hearing Officer may, in his or her discretion, grant extensions of
											  time or continuances of hearings upon the Hearing Officer's own motion or at the timely request of any party
											  for good cause shown. A party must file a written motion for continuance which states in detail the reasons
											  why a continuance is necessary and serve a copy of the motion on all other parties.
012.01.
GOOD CAUSE.
Good cause for an extension of
										time or continuance may include, but is not limited to, the following:
012.01(A). Illness of the party, legal counsel or witness;
012.01(B). A change in legal representation; or
012.01(C). Settlement negotiations are underway.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-013 - AMENDMENTS

Current through June 17, 2024
013.01. A
										petition, objection, or complaint may be amended at any time before an answer or response is filed or is due
										if notice is given to all the other parties to the proceeding or their attorneys. In all other cases, a
										petitioner, objector, or complainant must request the Hearing Officer's or in the case of no Hearing Officer,
										the Director's permission to amend.
013.02. A Hearing Officer may
										also allow, in his or her discretion, the filing of supplemental pleadings alleging facts material to the
										case occurring after the original pleading was filed. A Hearing Officer may also permit amendment of
										pleadings where a mistake appears or where amendment does not materially change a claim or defense.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-015 - PROHIBITIONS AGAINST EX PARTE COMMUNICATIONS

Current through June 17, 2024
015.01.
PROHIBITIONS; WHEN APPLICABLE.
The
										prohibitions found in this section shall apply beginning at the time notice for hearing is given.
015.02.
PROHIBITIONS; TO WHOM APPLICABLE.
015.02(A).
PARTIES AND PUBLIC.
No party in a
										contested case or other person outside the Department having an interest in the contested case shall make or
										knowingly cause to be made an ex parte communication to the Hearing Officer or to the Director or any
										employee who is or may reasonably be expected to be involved in the decision making process of the contested
										case.
015.02(B).
PERSONS IN DECISION MAKING
										ROLES.
No Hearing Officer or the Director or any employee who is or may reasonably be expected
										to be involved in the decision making process of the contested case shall make or knowingly cause to be made
										an ex parte communication to any party in a contested case or other person outside the Department having an
										interest in the contested case.
015.02(C).
INVESTIGATORS.
Any employee engaged in the investigation or enforcement of a
										contested case shall not make or knowingly cause to be made an ex parte communication to a Hearing Officer or
										the Director or any employee who is or may reasonably be expected to be involved in the decision making
										process of the contested case.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-016 - DECISION AND ORDER IN A CONTESTED CASE

Current through June 17, 2024
016.01.
DISPOSITION.
Unless otherwise precluded by
										law, disposition of a contested case may be made by stipulation, agreed settlement, consent order, or
										default. The Director shall make a determination whether the stipulation, agreed settlement, or consent order
										constitute sufficient cause to dismiss the case or whether the default of a party should cause dismissal of
										the action.
016.02. Every decision or order adverse to a party to
										the proceeding, rendered by the Department in a contested case, shall be in writing or stated in the record
										and shall be accompanied by findings of fact and conclusions of law.
016.03. The decision and order should include:
016.03(A). The name of the Department and caption of the
										proceeding;
016.03(B). The date, time, and place of the
										hearing;
016.03(C). The names of all parties or their attorneys
										or other authorized representation who entered an appearance at the hearing;
016.03(D). The findings of fact consisting of a concise statement of the
										conclusions upon each contested issue of fact;
016.03(E). The
										conclusions of law consisting of the controlling law to the facts found and the legal results arising
										therefrom; and
016.03(F). The order consisting of the action
										taken by the Department as a result of the facts found and the legal conclusions arising therefrom.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 7 - CONTESTED CASES › Section 454-7-017 - REHEARING AND APPEALS

Current through June 17, 2024
017.01.
PETITION FOR REHEARING.
Any party aggrieved by any final order issued at or after
										the conclusion of a hearing, may, within thirty days after receipt of such decision, file with the Department
										a petition for rehearing. Such petition shall set forth the grounds relied upon for requesting a rehearing.
017.01(A).
REVIEW.
The Director shall review the
										petition and may deny the petition if it is without sufficient merit. If sufficient grounds are given, the
										Director or Department shall grant a rehearing. Such rehearing shall be conducted pursuant to this
										chapter.
017.01(B).
EFFECT ON APPEAL
										PROCEDURE.
Parties should not assume that filing a request for rehearing extends the deadline
										for appeal to the Court of Appeals or other applicable court.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - PROCEEDINGS › Section 454-9-001 - DEFINITIONS

Current through June 17, 2024
The following definitions shall apply:
001.01. Proceeding shall mean the form and manner of conducting business
										before the Department. Types of proceedings include:
001.01(A). Informal
										proceeding shall mean any business conducted other than through a formal proceeding or a ministerial
										proceeding.
001.01(B). Formal proceedings shall include, but not
										be limited to, business conducted under the provisions of:
001.01(B)(i).
										chapter 4 of these rules, Negotiated Rule Making;
001.01(B)(ii).
										chapter 5 of these rules, Petitioning for Rulemaking;
001.01(B)(iii). chapter 6 of these rules, Declaratory Orders;
001.01(B)(iv). chapter 7 of these rules, Contested Cases;
001.01(B)(v). Rulemaking hearings held under the provisions of the
Administrative Procedures Act
, Neb. Rev. Stat. §§ 84-901 to 84-909;
001.01(B)(vi). chapter 10 of these rules, Public Hearings;
001.01(B)(vii). Public meetings held under the provisions of the
Open Meetings Act
, Neb. Rev. Stat. §§ 84-1407 to 84-1414; or
001.01(B)(viii). Any application or petition filed pursuant to the
										Department's jurisdiction.
001.01(C). Ministerial
										proceedings shall mean the action of the Department performed in a prescribed manner under certain
										authorities of the Department based upon a given state of facts. Ministerial actions include, but are not
										limited to the following:
001.01(C)(i). Administration of surface water
										based upon first in time is first in right, Neb. Rev. Stat. § 46-203 and distribution of water in
										accordance with the rights of priority, Neb. Rev. Stat. § 61-216;
001.01(C)(ii). Administration of surface water for a riparian water right
										that has been recognized in a court order, Neb. Rev. Stat. § 46-226;
001.01(C)(iii). Administration of surface water pass inflow through a
										reservoir when needed for livestock, Neb. Rev. Stat. § 46-241(5);
001.01(C)(iv). Administration of surface water when a person takes water
										without authority, Neb. Rev. Stat. § 46-254;
001.01(C)(v).
										Administration of surface water for failure to install a measuring device, Neb. Rev. Stat. §
										46-256;
001.01(C)(vi). Denying the right to divert surface water
										if an acreage report is required, or map transfer information is required, or a gage is to be installed or a
										report is required and an appropriator does not comply, Neb. Rev. Stat. § 46-261; or
001.01(C)(vii). Administration of a surface water appropriation because of
										overflow on roads as described under Neb. Rev. Stat. § 46-266.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - PROCEEDINGS › Section 454-9-002 - INFORMAL PROCEEDINGS

Current through June 17, 2024
The Department may accept informal complaints, objections, or informal
											  requests for adjudicative or investigative actions by the Department unless there is a formal proceeding
											  before the Department on the same matter. The Department may investigate such complaints or requests and
											  depending upon the facts determined by such investigation, may proceed either in an informal, formal, or
											  ministerial manner, at the discretion of the Director
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - PROCEEDINGS › Section 454-9-003 - FORMAL PROCEEDINGS

Current through June 17, 2024
The Department will take formal action on:
003.01. Any application or petition filed pursuant to the Department's
										jurisdiction;
003.02. A formal complaint which may be filed by
										any interested person against any person or entity subject to the jurisdiction of the Department;
										or
003.03. An investigative, adjudicative, or show cause order or
										notice issued by the Department.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 9 - PROCEEDINGS › Section 454-9-004 - MINISTERIAL PROCEEDINGS

Current through June 17, 2024
Ministerial proceedings are initiated by the Department in a timely
											  manner based upon a set of facts known to or determined by the Department. Persons who believe they are
											  harmed by the ministerial actions of the Department, and believe that the facts used and/or determined by the
											  Department are an incorrect set of facts or an incomplete set of facts, may file a complaint in the
											  Department under chapter 7 of these rules. Filing a complaint does not stay the action of the
											  Department
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - PUBLIC HEARINGS REGARDING INTEGRATED WATER MANAGEMENT › Section 454-10-001 - DEFINITIONS

Current through June 17, 2024
001.01.
										Interested person means a person who or an entity which has a specific interest in the applicability of a
										statute, rule, or order, as distinguished from a general interest such as may be the concern of the public at
										large. An interested person is one who is or could be adversely affected in a legally cognizable way by the
										outcome of a proceeding.
001.02. Public hearing shall include,
										but not be limited to, hearings held for the purpose of soliciting public comment under the provisions of:
001.02(A). Neb. Rev. Stat. § 46-713(2)(b), Department's determination
										based upon a reevaluation that a basin, subbasin, or reach is or is not fully appropriated or
										overappropriated;
001.02(B). Neb. Rev. Stat. § 46-714(4),
										Department's determination that a basin, subbasin, or reach is fully appropriated;
001.02(C). Neb. Rev. Stat. § 46-715(5)(a), basin-wide integrated
										management plans for overappropriated area held in coordination with applicable natural resources districts;
										and
001.02(D). Neb. Rev. Stat. § 46-718(1), integrated
										management plan held in coordination with applicable natural resources districts.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 10 - PUBLIC HEARINGS REGARDING INTEGRATED WATER MANAGEMENT › Section 454-10-002 - PROCESS

Current through June 17, 2024
002.01.
NOTICE.
Notice of the hearings held under Neb. Rev. Stat. §§ 46-713(2)(b)
										and 46-714(4) shall be given in accordance with Neb. Rev. Stat. § 46-714(1). Notice of the hearings held
										under the provisions of Neb. Rev. Stat. §§ 46-715(5)(a) and 46-718(1) shall be given in accordance
										with Neb. Rev. Stat
.
§ 46-743. At the time notice is given, copies of the documents
										that are the subject of the hearing shall be available on the Department's website.
002.02.
HEARING.
002.02(A). Public hearings held under the provisions of Neb. Rev.
										Stat
.
§§ 46-713(2)(b) and 46-714(4).
002.02(A)(i). A hearing officer will be appointed by the
										Director.
002.02(A)(ii). The hearing shall be recorded and
										transcribed by a court reporter. Documentary evidence presented at the hearing shall be marked as an exhibit
										and made a part of the record by the court reporter.
002.02(A)(iii). Any interested person may appear and present written or
										oral information concerning the appropriation status of the river basin, subbasin, or reach. Testimony and
										evidence must be relevant to the issues regarding:
002.02(A)(iii)(1).
										Whether current uses of hydrologically connected surface water and ground water in the river basin, subbasin,
										or reach cause or will in the reasonably foreseeable future cause (a) the surface water supply to be
										insufficient to sustain over the long term the beneficial or useful purposes for which existing natural-flow
										or storage appropriations were granted and the beneficial or useful purposes for which, at the time of
										approval, any existing instream appropriation was granted, (b) the streamflow to be insufficient to sustain
										over the long term the beneficial uses from wells constructed in aquifers dependent on recharge from the
										river or stream involved, or (c) reduction in the flow of a river or stream sufficient to cause noncompliance
										by Nebraska with an interstate compact or decree, other formal state contract or agreement, or applicable
										state or federal laws;
002.02(A)(iii)(2). The appropriation
										status of the river basin, subbasin, or reach;
002.02(A)(iii)(3).
										The Department's preliminary conclusions about the extent of the area within which the surface water and
										ground water supplies for the river basin, subbasin, or reach are determined to be hydrologically connected;
										and
002.02(A)(iii)(4). Whether any stays on new uses should be
										terminated.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 13 - INTEGRATED MANAGEMENT PLANS › Section 454-13-001 - TYPES DATA CONSIDERED

Current through June 17, 2024
The following types of scientific data and other information will be
											  considered in the adoption of a plan for the integrated management of hydrologically connected surface and
											  ground water pursuant to Neb. Rev. Stat. § 46-717, Reissue 2004, as amended.
001.01. Historical data on stream flows within the proposed integrated
										management plan area.
001.02. Past, present, and potential future
										surface water use within the proposed integrated management plan area.
001.03. Groundwater supplies within the proposed integrated management plan
										area including hydraulic conductivity, saturated thickness, and other ground water reservoir information,
										and/or ground water models if available.
001.04. Local recharge
										characteristics and rates from any sources, if available.
001.05.
										Precipitation and the variations including trends within the proposed integrated management plan
										area.
001.06. Crop water needs within the proposed integrated
										management plan area.
001.07. Water data collection
										programs.
001.08. Past, present, and potential ground water uses
										within the proposed integrated management plan area.
001.09.
										Proposed water conservation and supply augmentation programs within the proposed integrated management plan
										area.
001.10. The availability of supplemental water supplies,
										including the opportunity for ground water recharge within the proposed integrated management plan
										area.
001.11. Surface and ground water quality concerns within
										the proposed integrated management plan area.
001.12.
										Opportunities to integrate and coordinate the use of water from different sources of supply within the
										proposed integrated management plan area.
001.13. Existing and
										potential subirrigation uses within the proposed integrated management plan area.
001.14. The relative economic value of different uses of surface and ground
										water proposed or existing within the proposed integrated management plan area.
001.15. Rules and regulations for ground water management developed by the
										natural resources district(s) affected by the integrated management plan.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-001

Current through June 17, 2024
Whenever the Department requests that an entity furnish records or
											  information which may be entitled to confidential treatment as trade secrets under Neb. Rev. Stat. §
											  84-712.05, the entity may raise a claim of confidentiality for trade secrets at the time of submission of the
											  record or information to the Department.
001.01. If no claim of
										confidentiality for trade secrets accompanies the record or information when it is received by the
										Department, the claim is waived and the material may be made available to the public by the Department
										without further notice to the submitting entity, unless the claimant establishes a just reason for the claim
										subsequent to submission of the record or information under 002.
001.02. The claimant shall certify the record or information by placing on
										or attaching at the time of submission a cover sheet with appropriate notice, reasons for asserting the
										claim, and language, such as trade secret, proprietary, or confidential.
001.03. The appropriate notice and reasons for asserting the claim shall
										include:
001.03(A). Certification that the record or information is
										entitled to confidentiality as a trade secret and that such claim has not expired by its terms, been waived,
										or withdrawn;
001.03(B). Description of reasonable measures the
										claimant has taken to protect the confidentiality of the information of record, and that it intends to
										continue to take such measures;
001.03(C). Assurance that the
										information or record is not, and has not been, reasonably obtainable without the claimant's consent by other
										persons (other than governmental bodies) by use of legitimate means; and
001.03(D). Reasons why or how disclosure of the information or record is
										likely to result in substantial harmful effects to the business's competitive position and what those harmful
										effects would be, why they should be viewed as substantial, and an explanation of the causal relationship
										between disclosure and such harmful effects.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-002

Current through June 17, 2024
If a confidentiality claim for trade secrets covering the record or
											  information is received after the submission of the record or information itself is received, the Department
											  will make such efforts as are administratively practicable to associate the late claim with copies of the
											  previously submitted information in the Department files, although the Department cannot assure that such
											  efforts will be effective given the possibility of prior disclosure to the public.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-003

Current through June 17, 2024
For each claim the Director or his or her designee shall determine
											  whether the record or information relates to processes or methods entitled to protection as trade
											  secrets.
003.01. In making such determination which shall be in
										writing, the Director shall consider whether;
003.01(A). The claimant has
										asserted a business confidentiality claim which has not expired by its terms, nor been waived nor
										withdrawn;
003.01(B). The claimant has satisfactorily shown that
										it has taken reasonable measures to protect the confidentiality of the information or record, and that it
										intends to continue to take such measures;
003.01(C). The
										information or record is not, and has not been, reasonably obtainable without the business's consent by other
										persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing
										of special need in a judicial or quasi-judicial proceeding);
003.01(D). No statute, specifically requires disclosure of the information
										or record; and
003.01(E). The claimant has satisfactorily shown
										that disclosure of the information or record is likely to cause substantial harm to the business's
										competitive position.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-004

Current through June 17, 2024
Whenever the Director or his or her designee preliminarily determines
											  that records or information required to be submitted to the Department are not entitled to confidential
											  treatment as trade secrets, a written explanation of the reasons for such determination shall be furnished to
											  the claimant, who shall be afforded an opportunity to comment before a final decision is made.
004.01. Notice of such determination shall be sent by certified mail to the
										claimant specifying a reasonable time allowed for comments.
004.02. Failure to furnish timely comments shall be considered a waiver of
										the claim.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-005

Current through June 17, 2024
Notice of the final decision denying a claim for confidential treatment
											  of records or information as trade secrets shall be provided to the claimant in writing by certified mail.
											  The Department will make the record or information available to the public on the tenth day after the date of
											  the claimant's receipt of the written notice of denial of its claim.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE › Chapter 15 - CONFIDENTIALITY FOR TRADE SECRETS › Section 454-15-006

Current through June 17, 2024
The Director may not withhold records as confidential if they have been
											  disclosed in an open court, open administrative proceeding, open meeting, or disclosed by the Department in
											  its duties
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 455 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES - FLOODPLAIN MANAGEMENT › Chapter 1 - MINIMUM STANDARDS FOR FLOODPLAIN MANAGEMENT PROGRAMS › Section 455-1-001 - Purpose and Application

Current through June 17, 2024
Under authority of and in compliance with subsection (5) of
				  Section
				  31-1017,
				  R.R.S. 1943, the rules and regulations in this Chapter are prescribed by the
				  Nebraska Department of Natural Resources and are effective until revoked or
				  amended. These regulations are the minimum standards for the adoption,
				  administration, and enforcement of floodplain management regulations by cities,
				  villages, and counties in Nebraska in accordance with Section
				  31-1019,
				  R.R.S. 1943 and by the Department of Natural Resources in accordance with
				  Section
				  31-1020,
				  R.R.S. 1943 and are also the minimum standards for the location and
				  construction of state-owned and state-financed buildings, roads, and other
				  facilities in accordance with Section
				  31-1023,
				  R.R.S. 1943.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 455 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES - FLOODPLAIN MANAGEMENT › Chapter 1 - MINIMUM STANDARDS FOR FLOODPLAIN MANAGEMENT PROGRAMS › Section 455-1-003 - Determination of Floodways

Current through June 17, 2024
When adequate flood elevation and other necessary data and
				  information are available from federal, state, or other sources, the entity
				  responsible for assuring compliance with the rules and regulations in this
				  Chapter shall, before permitting the location of an obstruction or substantial
				  improvement in the floodplain of a base flood, determine whether the proposed
				  obstruction is located in the flood fringe or in a floodway. Normally, the
				  floodway shall be determined using the method requiring equal loss of
				  conveyance on opposite sides of the stream. If the equal loss of conveyance
				  method is not technically appropriate in a specific situation, the responsible
				  entity may select and utilize another more appropriate method which is
				  acceptable in accordance with hydraulic engineering principles and
				  standards.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 455 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES - FLOODPLAIN MANAGEMENT › Chapter 1 - MINIMUM STANDARDS FOR FLOODPLAIN MANAGEMENT PROGRAMS › Section 455-1-005 - Minimum Standards Governing Location of Obstructions and Substantial Improvements in Floodways

Current through June 17, 2024
The following minimum standards shall apply in addition to
				  those in Section 004 when adequate data and other information are available to
				  determine the location of a floodway and when an obstruction is to be located
				  or substantially improved within that floodway. In the event of a conflict
				  between the following minimum standards and those in Section 004, the following
				  minimum standards shall govern.
005.01
				No new construction, substantial improvements, or other obstruction (including
				fill) shall be permitted within the floodway unless it has been demonstrated
				through hydrologic and hydraulic analyses performed in accordance with standard
				engineering practice that the proposed new construction would not result in any
				increase in water surface elevations along the floodway profile during the
				occurrence of the base flood.
005.02 New structures for human habitation
				shall be prohibited. New structures intended for other types of human occupancy
				on a regular basis shall also be prohibited unless the functions of the
				structure are water dependent and cannot reasonably be fulfilled at an
				alternate location outside the floodway.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 455 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES - FLOODPLAIN MANAGEMENT › Chapter 1 - MINIMUM STANDARDS FOR FLOODPLAIN MANAGEMENT PROGRAMS › Section 455-1-006 - Variances and Exceptions

Current through June 17, 2024
Variances and exceptions to the rules in this Chapter may be
				  granted by the responsible authority subject to the following
				  conditions.
006.01 Except as allowed
				by subsection 006.02, no variance or exception may be made to the provisions of
				subsections 004.01 and 005.01.
006.02 An exception to subsections 004.01 and
				005.01 may be made if the applicant has acquired by land rights purchase,
				flowage easement, or other legal arrangement the right to increase flood levels
				on all affected lands.
006.03 An
				exception to subsection 004. 07 may be made if a community complies with the
				standards for flood proofed residential basements as outlined in Section
				60.6(c) of the
				National Flood Insurance Program Regulations, 44 CFR Chapter 1.
006.04 Variances may be issued for the repair
				or rehabilitation of historic structures upon a determination that the proposed
				repair or rehabilitation will not preclude the structure's continued
				designation as a historic structure and the variance is the minimum necessary
				to preserve this historic character and design of the structure.
006.05 Variances or exceptions may otherwise
				be granted upon (i) a showing of good and sufficient cause, (ii) a
				determination that failure to grant the variance would result in exceptional
				hardship to the applicant and (iii) a determination that the granting of a
				variance will not result in additional threats to public safety, extraordinary
				public expense, create nuisances, cause fraud on or victimization of the
				public, or conflict with other applicable laws or ordinances.
006.06 Variances and exceptions shall be
				granted only upon a determination that the variance is the minimum necessary,
				considering the flood hazard, to afford relief.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-002 - DOMESTIC WATER WELL

Current through June 17, 2024
A well that provides ground water required for human needs as
				  it relates to health, fire control, and sanitation or for domestic livestock as
				  related to normal farm and ranch operations, or for irrigation of lands not
				  exceeding a total of two acres in area, and the water use is of a domestic and
				  non-commercial nature. The domestic water well must be constructed to potable
				  well drinking water standards according to applicable statutes and rules for
				  water well construction.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-003 - GEOTHERMAL WATER WELL

Current through June 17, 2024
A well from which water is withdrawn for purposes of using
				  the geothermal properties of the water. The temperature of the water must be
				  greater than or equal to the mean annual air temperature at the location of the
				  well plus 18° Fahrenheit plus (0.0137°F times depth of well measured in
				  feet). Heat pump wells which that use ground water with temperatures at or
				  below the normal gradient do not fall under the definition of permit
				  requirements for geothermal resource development.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-005 - INDUSTRIAL WATER WELL

Current through June 17, 2024
A well that provides ground water for manufacturing,
				  commercial, and power generation purposes. Commercial use shall include, but
				  not be limited to, maintenance of golf course turf.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-006 - INJECTION WATER WELL

Current through June 17, 2024
A well used for injecting water into the underground water
				  reservoir. Not included are wells used for inserting media to repressure oil or
				  natural gas bearing formations regulated by the Nebraska Oil and Gas
				  Conservation Commission.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-010 - PUBLIC WATER SUPPLY WELL (SPACING PROTECTED)

Current through June 17, 2024
A well owned and operated by a city, village, municipal
				  corporation, metropolitan utilities district, reclamation district, or sanitary
				  improvement district that provides water to the public fit for human
				  consumption through at least 15 service connections, or regularly serves at
				  least 25 individuals.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 1 - DEFINITIONS › Section 456-1-011 - PUBLIC WATER SUPPLY WELL (SPACING UNPROTECTED)

Current through June 17, 2024
A well not owned and operated by a city, village, municipal
				  corporation, metropolitan utilities district, reclamation district, or sanitary
				  improvement district that provides water to the public fit for human
				  consumption through at least 15 service connections or regularly serves at
				  least 25 individuals.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 4 - INDUSTRIAL GROUND WATER PERMIT › Section 456-4-002 - CORRECTION

Current through June 17, 2024
An application that is incomplete or incorrect shall be
				  returned to the applicant for correction. Failure to return the corrected
				  application within the time limit specified shall cause the application to be
				  dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 4 - INDUSTRIAL GROUND WATER PERMIT › Section 456-4-003 - HEARING

Current through June 17, 2024
Any hearing under Neb. Rev. Stat. 46-680(2) will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  Neb. Rev. Stat. §
									61-206.