reglab/statecodes huggingface dataset:
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT › Section 456-5-001 - PLANS

Current through June 17, 2024
Plans submitted shall meet the following minimum
				  standards:
001.01. Plans may be made on
				sheets with minimum dimensions of 21 inches by 30 inches or maximum dimensions
				of 24 inches by 36 inches. Drawings must be of such clarity and with distinct
				characters of such size as to retain clarity and resolution when reduced to
				one-half size. Characters and significant figures should not be smaller than
				one-eighth inch on the original plan. If the applicant desires to submit its
				plans in an electronic format and/or in dimensions other than described
				previously in this paragraph, it may do so only if granted permission by the
				Department in advance.
001.02.
				Plans must include a detailed description of each proposed well, setting forth
				the intended depth, screen type and casing size, and pump capacity. All
				pipelines, pumping stations, treatment plants, location of use, location of
				injection wells or discharge, and other facilities must be depicted.
001.03. Plans must also include a summary of
				geologic and hydrologic data.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT › Section 456-5-002 - CONFERENCE

Current through June 17, 2024
The applicant or a representative must attend a conference
				  with the Department and the Department of Environment and Energy. At this
				  conference the permit requirements under the Nebraska Environmental Protection
				  Act will be determined, as well as the scope of any studies that may be
				  required to support the permit application.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT › Section 456-5-003 - NOTICE

Current through June 17, 2024
If the Director determines a hearing is necessary, the Notice
				  of Hearing shall be published once a week for three consecutive weeks in a
				  newspaper of general circulation in the county or counties where the system
				  will be located. The last notice will be published no later than ten days prior
				  to the hearing.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT › Section 456-5-004 - DECISION

Current through June 17, 2024
After the conclusion of a hearing, or based upon the
				  application, the Director will issue a written order. A copy of the order will
				  be delivered or mailed to all parties of record.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT › Section 456-5-005 - APPEAL

Current through June 17, 2024
Parties to a hearing may request a rehearing as described in
				  the Department's Rules of Practice and Procedure, Title 454 or may appeal to
				  the Court of Appeals. If a decision was entered without a hearing, parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 6 - PERMIT TO TRANSFER GROUND WATER TO ADJOINING STATE › Section 456-6-001 - REQUIREMENTS

Current through June 17, 2024
The application must be on a form provided by the Department
				  The application must consist of all items requested on the application form
				  provided by the Department. The form may be found on the Department's website
				  and in the Department's offices. If the applicant desires to submit its plans
				  in an electronic format and/or in dimensions other than described previously in
				  this paragraph, it may do so only if granted permission by the Department in
				  advance.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 6 - PERMIT TO TRANSFER GROUND WATER TO ADJOINING STATE › Section 456-6-002 - REVIEW

Current through June 17, 2024
Additional information, consultation, maps or technical
				  reports may be required after review of initial application. An application
				  that is incomplete or incorrect will be returned to the applicant for
				  correction. Failure to return the corrected application within the time limit
				  specified may cause the application to be dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 6 - PERMIT TO TRANSFER GROUND WATER TO ADJOINING STATE › Section 456-6-003 - MODIFICATION

Current through June 17, 2024
A permit granted pursuant to Neb. Rev. Stat. §
									46-613.01
				  may be revoked, following a hearing, if the Department determines that the
				  permitholder has failed to exercise the right to withdraw ground water within
				  three years of the date the permit was approved, or for a period of three
				  consecutive years thereafter. Permits may not be modified to include additional
				  amounts of withdrawal or additional wells. New permits will be required for
				  such modifications.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 11 - GROUND WATER MANAGEMENT PLANS › Section 456-11-001 - REQUIREMENTS

Current through June 17, 2024
Pursuant to Neb, Rev. Stat, 46-711, natural resources
				  districts (NRDs) must submit new or proposed modifications of their ground
				  water management plans to the Department for review in the following
				  manner:
001.01. On an electronic file
				device as a word document and pdf, or
001.02. Via email attached as a word document
				and pdf and addressed to DNR.legalfile@nebraska.gov, or
001.03. On paper clearly printed, including
				extra copies printed for the following agencies that the Department may be
				required to consult:
Department of Health and Human Services
Department of Environment and Energy
University of Nebraska, Conservation and Survey
				  Division
Game and Parks Commission
001.04. Submittals must be received by the
				Department not less than 120 days prior to any hearing scheduled under Neb.
				Rev. Stat. §
									46-712.
001.05. Submittals must contain a descriptive
				listing of, and provide if requested, all public comments, all research, data,
				studies or any other information that the NRD utilized pursuant to Neb. Rev.
				Stat. §
									46-710
				during the preparation or modification of the plan.
001.06. When submitting a modification to an
				existing plan, the changes added must be shown in red text or be underlined,
				and deleted portions must be shown in strike-out text.
001.07. Submittals must include a cover
				letter stating the NRD's intent to make the changes and a brief summary of the
				substantive changes.
001.08. Within
				60 days after the hearing under Neb. Rev. Stat. 46-712, the NRD must submit to
				the Department the final approved ground water management plan document in the
				format described above in 001.01 to 001.03.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 12 - GROUND WATER WELL REGISTRATIONS › Section 456-12-001

Current through June 17, 2024
The Department will register ground water wells intended as
				  production wells but in which the pump has not yet been installed as inactive
				  status water wells Such wells must be maintained in accordance with Neb. Rev.
				  Stat. §
									46-1207.02.
				  To register a well as an inactive status water well the water well owner and/or
				  water well contractor must provide on the registration form the intended water
				  well capacity for purposes of determining registration fees. The water well
				  owner must also state an estimated date when the pump will be installed
001.01. When a pump is installed in an
				inactive, registered water well, the water well owner and pump installation
				contractor must, within 30 days, complete a "Water Well Registration Pump
				Installation and Construction Modification" form for contractors, or "Water
				Well Registration Modification" form for owners, provided by the Department on
				its website or in Department offices.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 12 - GROUND WATER WELL REGISTRATIONS › Section 456-12-002

Current through June 17, 2024
Water well registration and pump installation information
				  must be updated by the water well owner on the "Water Well Registration
				  Modification" form, or by licensed water well professionals on the "Water Well
				  Registration Pump Installation and Construction Modification" form and
				  submitted to the Department when
002.01. The original information provided is
				determined to be inaccurate or incomplete.
002.02. The water well is modified in any
				substantial way making the original information inaccurate in its description
				of the water well.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 456 - RULES FOR GROUND WATER › Chapter 12 - GROUND WATER WELL REGISTRATIONS › Section 456-12-003

Current through June 17, 2024
The Department must be notified of any change in the
				  ownership of any registered well by the new owner of the well filing in the
				  Department a "Notice of Change of Ownership/Water Resources Update Notice"
				  form. The form is provided by the Department on its website or in Department
				  offices
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 2 - APPLICATIONS FOR NEW WATER APPROPRIATIONS › Section 457-2-001 - REQUIREMENTS

Current through June 17, 2024
Separate applications for new water appropriations must be
				  filed:
001.01 For impoundment of water
				(see Appendix A), use of impounded water (see Appendix B), use of natural flow
				from streams (see Appendix B), intentional underground water storage and
				recovery (see Appendix C), instream flow (see Appendix D), power (see Appendix
				E), and induced ground water recharge (see Appendix F).
001.02 For each type of use (i.e. natural
				flow for irrigation, natural flow for fish culture, storage use for irrigation,
				storage use for cooling). Storage is considered as a use and an impoundment
				with multiple purposes only requires one application.
001.03 When there are different sources of
				water
001.04 For each landowner
				that has not formed any legal association that meets the definition of person
				in Chapter 1.
001.05 For each point
				of diversion, unless the diversion is made by a moveable pump and there are no
				intervening diversions owned by other parties or new sources of
				water.
001.06 For each storage
				facility except for fish rearing impoundments operated as one facility with one
				point of diversion.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 3 - RELINQUISHMENTS › Section 457-3-001 - REQUIREMENTS

Current through June 17, 2024
Any appropriation, or part of any appropriation, may be
				  voluntarily relinquished. The relinquishment shall be made on a form provided
				  by the Department (see Appendix G).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 4 - CHANGE OF OWNERSHIP OF APPROPRIATION › Section 457-4-001 - NOTIFICATION

Current through June 17, 2024
The Department shall be notified of any change in the
				  ownership of an appropriation. When the appropriator is the landowner,
				  notification shall be made either by completing a form provided by the
				  Department or by recording a deed with the Department. Use the form shown as
				  Appendix H, except if the property is located within the corporate limits of a
				  municipality or the change of ownership occurred prior to July 20, 2002, the
				  form shown as Appendix I shall be used. When the appropriator is an irrigation
				  district, a reclamation district, water company or other entity formed to
				  appropriate water for landowners, notification shall be in the form of a
				  petition or the filing of a document showing the assignment of the
				  right.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 6 - CHANGING POINT OF DIVERSION › Section 457-6-001 - PETITION

Current through June 17, 2024
A petition shall be filed to change the point of diversion
				  on a stream when the new point of diversion will be located within a different
				  40-acre government subdivision on the same stream. The petition shall be made
				  on a form provided by the Department (see Appendix J). A separate petition must
				  be filed for each appropriation and for each proposed diversion. A petition
				  that is incomplete or incorrect shall be returned to the petitioner for
				  correction. Failure to return the corrected petition within 90 days shall cause
				  the petition to be dismissed. If the change in the point of diversion is from
				  one source to another source, an application for a permit to transfer the use
				  of water shall be filed (see Chapter 9 of Title 457).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 6 - CHANGING POINT OF DIVERSION › Section 457-6-002 - REQUIREMENTS

Current through June 17, 2024
The requested change shall not adversely affect any other
				  water appropriator. A map may be required. Failure to file a required map
				  within the time limit specified will cause dismissal of the
				  petition.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 6 - CHANGING POINT OF DIVERSION › Section 457-6-003 - NOTICE

Current through June 17, 2024
If the Director finds that the requested change may affect
				  another water appropriation, the Director shall publish notice of such petition
				  at least once a week for three consecutive weeks in a newspaper of general
				  circulation in the area of the stream segment and also in a newspaper of
				  statewide circulation. As a minimum standard, the notice shall include the name
				  of the petitioner, a description of the water appropriation, a description of
				  the location of the original point of diversion, and a description of the
				  location of the proposed point of diversion. The notice shall state that any
				  person may file a written request for hearing (or if the Director is holding a
				  hearing on his own motion, may file a written request to be made a party to the
				  hearing) within two weeks from the date of final publication of the
				  notice.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 6 - CHANGING POINT OF DIVERSION › Section 457-6-004 - HEARING

Current through June 17, 2024
If a hearing is held, the hearing will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  §
									61-206,
				  R.R.S., 1943, as amended.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 6 - CHANGING POINT OF DIVERSION › Section 457-6-006 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of a hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207,
				  R.R.S., 1943 as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court to Appeals. If the
				  decision was based on the petition, without a hearing, the parties may request
				  a hearing as described in the Department's Rules of Practice and Procedure,
				  Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 7 - THEORETICAL HORSEPOWER › Section 457-7-001 - FEES

Current through June 17, 2024
For fee purposes, theoretical horsepower shall be computed
				  by multiplying the maximum amount of water sought in the application, expressed
				  in cubic feet per second, by the total head expressed in feet, and dividing the
				  product by eight and eight tenths ( 8.8 ).
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 9 - TRANSFERS AND CHANGES › Section 457-9-002 - NON EXPEDITED CHANGES

Current through June 17, 2024
002.01 For purposes
				of
				46-290(5)R R.S.
				1943, as amended, beneficial use for instream uses shall include:
a. Water Quality Maintenance
b. Water necessary for compliance with
				compacts, decrees or other state contracts.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 11 - PROJECT MAPS FOR STORAGE PERMITS › Section 457-11-001 - REQUIREMENTS

Current through June 17, 2024
This rule applies to storage permits for surface water
				  impoundments not subject to the Safety of Dams and Reservoirs Act
				  (
Neb
.
Rev
.
Stat
. § 46-1600 et. seq.)
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 11 - PROJECT MAPS FOR STORAGE PERMITS › Section 457-11-002

Current through June 17, 2024
A project map of the storage facility shall be submitted
				  within six months of the date of the order of approval of the application for a
				  storage permit. The map shall consist of two layers and shall conform to the
				  following standards:
002.01 The base
				date layer shall be created by using either:
002.01A Certified Digital Orthophotography
				Quarter Quadrangles (DOQQs) produced by the Department of Natural Resources and
				certified by USGS using 1999 or newer aerial photography shall be used as the
				base data layer for producing the required maps, or
002.01B Compressed Orthophotography Quarter
				Quadrangles (COQQs) derived from the Department of Natural Resources DOQQs.
DOQQs and COQQs can be obtained through Department of Natural
				  Resources offices, the Department of Natural Resources website or other
				  organizations capable of accessing digital information.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 11 - PROJECT MAPS FOR STORAGE PERMITS › Section 457-11-003

Current through June 17, 2024
An applicant shall have 90 days in which to refile a map
				  returned for correction by the Department. Failure to file a corrected map
				  within 90 days shall cause cancellation or dismissal of the
				  application.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-001 - CONFERENCE

Current through June 17, 2024
The applicant shall attend a conference with Department
				  staff prior to submitting an application. The purpose of the conference will be
				  to discuss the scope of information required. Applications submitted by persons
				  who have not complied with this requirement will not be filed and will be
				  returned to the applicant.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-003 - CORRECTION

Current through June 17, 2024
If the application is incomplete, the Director shall list
				  the deficiencies and specify a time limit for refiling the corrected
				  application. Failure to refile the corrected application within the time limit
				  specified shall cause the application to be dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-004 - NOTICE

Current through June 17, 2024
Upon receiving a completed application for incidental or
				  intentional underground water storage and recovery, the Director or Director's
				  designee shall prepare a notice of the application. As a minimum standard, the
				  notice shall include the name of the applicant and the proposed area of
				  recharge. The notice shall be published once a week for three consecutive weeks
				  in a newspaper of general circulation in each county containing lands involved
				  in the application, and a newspaper of general circulation in Nebraska. The
				  notice shall state that any person may file a written request for a hearing
				  (or, if the Director is holding a hearing on his own motion, may file a written
				  request to be made a party to the hearing) within two weeks from the date of
				  final publication of the notice.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-005 - HEARING

Current through June 17, 2024
If a hearing is held, the hearing will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  §
									61-206
				  R.R.S., 1943, as amended.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-006 - DECISION

Current through June 17, 2024
The Director shall issue a written order. A copy of the
				  order shall be delivered or mailed to all parties of record.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE › Section 457-16-007 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of a hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207
				  R.R.S. 1943, as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court of Appeals. If the
				  decision was based on the application, without a hearing, the parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 17 - AUTHORITY TO LEVY FEES › Section 457-17-001 - CORRECTION

Current through June 17, 2024
Application shall be on a form provided by the Department
				  (see Appendix O). 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 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 17 - AUTHORITY TO LEVY FEES › Section 457-17-002 - NOTICE

Current through June 17, 2024
Upon receiving an application for authority to levy fees,
				  the Director or Director's designee shall prepare a notice of the application.
				  The notice shall be published once a week for three consecutive weeks in a
				  newspaper of general circulation in each county containing lands involved in
				  the application, and a newspaper of general circulation in Nebraska. The notice
				  shall state that any person may file a written request for hearing (or if the
				  Director is holding a hearing on his own motion, may file a written request to
				  be made a party to the hearing) within two weeks from the date of final
				  publication of the notice.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 17 - AUTHORITY TO LEVY FEES › Section 457-17-003 - HEARING

Current through June 17, 2024
If a hearing is held, the hearing will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  §
									61-206
				  R.R.S. 1943, as amended.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 17 - AUTHORITY TO LEVY FEES › Section 457-17-005 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of a hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207
				  R.R.S. 1943, as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court of Appeals. If the
				  decision was based on the application, without a hearing, the parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 18 - INSTREAM FLOWS › Section 457-18-001 - APPLICATION

Current through June 17, 2024
All information shall be compiled and submitted in
				  loose-leaf binder(s) with maximum dimensions of 11 inches by 11 inches by 4
				  inches. Maps, plans and drawings must be of a size sufficient to clearly depict
				  the subject matter, but must be folded to dimensions not to exceed 11 inches by
				  11 inches. The application shall consist of the following items:
001.01 Completed application form
(Form provided by the Department, see Appendix
				  D)
001.02 A copy of any
				study conducted by the natural resources district or the Game and Parks
				Commission to quantify the instream flow needs in the identified stream
				segment.
001.03 A list of persons
				who testified at the hearing and their addresses required by Section
				46-2,110
				R.R.S. 1943, as amended.
001.04
				U.S. Geological Survey topographic quadrangle map(s) showing the location of
				the stream reach.
001.05 An
				evaluation of the availability of unappropriated water.
001.06 An evaluation of how the proposed
				appropriation would effect senior appropriations.
001.07 An evaluation of whether the proposed
				appropriation is in the public interest, including economic, social, and
				environmental issues.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 18 - INSTREAM FLOWS › Section 457-18-002 - 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 specified shall cause the application to be
				  dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 18 - INSTREAM FLOWS › Section 457-18-004 - HEARING

Current through June 17, 2024
If a hearing is held, the hearing will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  §
									61-206
				  R.R.S. 1943, as amended.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 18 - INSTREAM FLOWS › Section 457-18-006 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of a hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207
				  R.R.S. 1943, as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court of Appeals. If the
				  decision was based on the application, without a hearing, the parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS › Section 457-21-001 - APPLICATIONS

Current through June 17, 2024
001.01 Separate
				applications must be filed:
001.01A For each
				separate location where water is conducted into a stream;
001.01B For each separate location where
				water being conducted is diverted out of a stream;
001.01C For each separate stream reach where
				the purpose of conducting the water is for instream use;
001.01D For each separate source of water to
				be conducted in the stream.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS › Section 457-21-002 - 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 90 days shall cause the application to be
				  dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS › Section 457-21-003 - DECISION

Current through June 17, 2024
The Director shall issue a written order. A copy of the
				  order shall be delivered or mailed to all parties of record.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS › Section 457-21-004 - FINAL MAP

Current through June 17, 2024
A final project map drawn according to Department Rules,
				  Title 457, Chapter 10 must be submitted within six months of any approval.
				  Failure to file a final map will cause the original approval to be
				  negated.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS › Section 457-21-005 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of the hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207
				  R.R.S. 1943, as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court of Appeals. If the
				  decision was based on the application, without a hearing, the parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 22 - INDUCED GROUND WATER RECHARGE › Section 457-22-001 - APPLICATION

Current through June 17, 2024
All information shall be compiled and submitted in a
				  loose-leaf binder with maximum dimensions of 11 inches by 11 inches by 4
				  inches. Maps, plans and drawings must be of a size sufficient to clearly depict
				  the subject matter, but must be folded to dimensions not to exceed 11 inches by
				  11 inches. A complete table of contents shall be provided. The application
				  shall consist of the following:
001.01
				Completed application form (form must be provided by Department, see Appendix
				F).
001.02 A table of all existing
				and proposed production wells included under the application identifying (if
				applicable) well registration numbers; exact location by 40-acre subdivision,
				section, township and range; total depth; pumping capacity; and date each was
				completed.
001.03 A quantification
				of aquifer properties and how each was determined.
001.04 Assuming that combination of wells
				expected to create the greatest induced recharge, a tabulation showing computed
				drawdown and induced recharge and how it was determined.
001.05 A geologic log, to include an
				indication of static water level, for each production and test well.
001.06 For each production well, a log
				showing the size and vertical placement of each pump, all plain casing and
				screened sections and any artificial grave pack.
001.07 A table showing the times of the year
				and the expected rates (in gallons per minute or cubic feet per second) and
				volumes (expressed in acre-feet) when induced recharge is expected to
				occur.
001.08 A narration of the
				minimum flow necessary to sustain satisfactory operation of the well field
				facilities within that stream reach where induced recharge is intended and the
				period of time that well field facilities would continue to meet minimal
				essential needs of the public water supplier if there were no flow in the
				source of supply.
001.09 Scaled
				maps showing:
001.09A All production and test
				wells and the stream reach where induced recharge is intended.
001.09B A depiction of the aquifer
				piezometric surface under nonpumping conditions and for pumping conditions
				assuming that combination of wells expected to create the greatest induced
				recharge.
001.09C The areal extent
				and a cross-section of that portion of the aquifer analyzed for this
				application.
001.09D Location and
				identification of use of any wells not included in this application with a cone
				of depression that may intersect applicant's well field.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 22 - INDUCED GROUND WATER RECHARGE › Section 457-22-002 - CORRECTION

Current through June 17, 2024
Within 90 days of the filing of an application for induced
				  ground water recharge, the Director shall accept the application as a completed
				  application or return the application as an incomplete application. If the
				  application is incomplete, the Director shall list the deficiencies and return
				  the application for correction. Failure to refile the corrected application
				  within 90 days shall cause the application to be dismissed.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 22 - INDUCED GROUND WATER RECHARGE › Section 457-22-003 - NOTICE

Current through June 17, 2024
Upon receiving a completed application for induced ground
				  water recharge, the Director or Director's designee shall prepare a notice of
				  the application. As a minimum standard, the notice shall include the name of
				  the applicant, the proposed area of induced ground water recharge, and the
				  amount of water requested for appropriation. The notice shall be published once
				  a week for three consecutive weeks in a newspaper of general circulation in
				  each county containing lands involved in the application, and in a newspaper of
				  general circulation in Nebraska. The notice shall state that any person may
				  file a written request for a hearing (or, if the Director is holding a hearing
				  on his own motion, may file a written request to be made a party to the
				  hearing) within two weeks from the date of final publication of the
				  notice.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 22 - INDUCED GROUND WATER RECHARGE › Section 457-22-004 - HEARING

Current through June 17, 2024
If a hearing is held, the hearing will be conducted
				  according to the Department's Rules of Practice and Procedure, Title 454 and
				  §
									61-206
				  R.R.S. 1943, as amended.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 22 - INDUCED GROUND WATER RECHARGE › Section 457-22-006 - APPEAL

Current through June 17, 2024
If the decision was issued at the conclusion of a hearing,
				  parties to the hearing may request a rehearing as described in the Department's
				  Rules of Practice and Procedure, Title 454, Chapter 11 or may appeal to the
				  Nebraska Court of Appeals as described in §
									61-207,
				  R.R.S. 1943, as amended. Parties should not assume that filing a request for
				  rehearing extends the deadline for appeal to the Court of Appeals. If the
				  decision was based on the application, without a hearing, the parties may
				  request a hearing as described in the Department's Rules of Practice and
				  Procedure, Title 454, Chapter 9.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 23 - MORATORIUM AREA VARIANCES FOR SURFACE WATER APPROPRIATIONS › Section 457-23-001 - PETITION FOR LEAVE TO FILE OR CONSIDER AN APPLICATION

Current through June 17, 2024
Any person wanting to apply for a new surface water
				  appropriation within a moratorium or stay area must file a petition in the
				  Department requesting leave to file an application. The petition must be
				  accompanied by a copy of the completed proposed application. The application
				  shall not be considered filed at the time it is submitted with the petition.
				  Anyone who currently has an unapproved application on file in the Department
				  for a new appropriation for a project that is within a moratorium or stay area
				  must file a petition requesting a variance to the moratorium or stay. The fee
				  for filing the petitions shall be that described in §
									33-105(8)
				   R.R.S. 1943, as amended.
The petition shall include sufficient information to
				  indicate:
001.01 The proposed project
				is for a non-consumptive use; or
001.02 The applicant has a credible proposal
				for replacing any consumptive use that will occur in a manner such that the
				project will not harm other users; or
001.03 The applicant has credible information
				that indicates there may be unappropriated water available at the proposed
				location at the time the depletion is likely to occur; or
001.04 The project existed prior to any
				informal moratorium, formal moratorium or stay.
001.05 There is a public safety issue that
				must be addressed and the proposed project addresses such issue.
001.06 The proposed use is a temporary use
				for public construction and the total volume requested is less than ten (10)
				acre-feet.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 23 - MORATORIUM AREA VARIANCES FOR SURFACE WATER APPROPRIATIONS › Section 457-23-002 - REVIEW

Current through June 17, 2024
The Department shall review the information provided with
				  the petition and shall make a determination as to whether it is sufficient to
				  indicate good cause for allowing further consideration of the
				  application.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 23 - MORATORIUM AREA VARIANCES FOR SURFACE WATER APPROPRIATIONS › Section 457-23-003 - DECISION

Current through June 17, 2024
A written decision shall be issued. The decision shall
				  either deny the petition and state the reasons for such denial, or grant the
				  petition and state either (a) the petitioner may file the application and
				  supporting documentation, or (b) the Department will proceed to process the
				  existing filed application. Any decision approving a petition shall not bind
				  the Director to approve any application to which it relates, or in any way be
				  used as evidence of prejudice for the Director's future decisions concerning
				  the specific approval requirements of such application. Allowance of a leave to
				  file does not negate the necessity to meet the specific approval requirements
				  for an appropriation.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 23 - MORATORIUM AREA VARIANCES FOR SURFACE WATER APPROPRIATIONS › Section 457-23-004 - APPEAL

Current through June 17, 2024
If the petitioner wishes to appeal the decision of the
				  Department, he or she may request a hearing before the Department within 15
				  days of the date the decision is rendered in accordance with the Department's
				  Rules of Practice and Procedure, Title 454.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 457 - DEPARTMENT OF NATURAL RESOURCES RULES FOR SURFACE WATER › Chapter 24 - DETERMINATION OF FULLY APPROPRIATED BASINS, SUB-BASINS OR REACHES › Section 457-24-002 - INFORMATION CONSIDERED

Current through June 17, 2024
For making preliminary determinations required by Neb. Rev.
				  Stat. Section
				  46-713
				  (Reissue 2004, as amended) the Department will use the best scientific data and
				  information readily available to the Department at the time of the
				  determination. Information to be considered will include:
Surface water administrative records
Department Hydrographic Report
Department and United States Geologic Survey stream gage
				  records
Department's registered well data base
Water level records and maps from Natural Resources
				  Districts, the Department, the University of Nebraska, the United States
				  Geological Survey or other publications subject to peer review
Technical hydrogeological reports from the University of
				  Nebraska, the United States Geological
Survey or other publications subject to peer review
Ground water models
Current rules and regulations of the Natural Resources
				  Districts
The Department shall review this list periodically, and will
				  propose amendments to this rule as necessary to incorporate scientific data and
				  information that qualifies for inclusion in this rule, but was not available at
				  the time this rule was adopted.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 2 - DOCUMENTATION OF SIGNATURES › Section 458-2-001

Current through June 17, 2024
The following documentation must be submitted when
				  applicable with any document required to be filed and signed under the
				  provisions of these rules.
001.01
				Persons signing as landowner shall submit a copy of the deed or other document
				conveying ownership of all lands under the project.
001.02 Persons signing as owners shall submit
				the trust agreement, lease, memorandum of agreement, deed, or other document
				showing sufficient interest to operate and maintain the dam or
				reservoir.
001.03 If an owner or
				landowner is a trust, they shall submit a copy of the trust agreement and the
				name of the trust and the names of all the trustees.
001.04 Persons signing as attorney-in-fact
				(power of attorney) shall submit a copy of the document granting power of
				attorney.
001.05 Persons signing as
				the personal representative shall submit a copy of the document appointing the
				person personal representative.
001.06 Persons signing as an agent of the
				owner shall submit a copy of the document granting him or her authority to act
				as the owner's agent.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 3 - FEES › Section 458-3-001

Current through June 17, 2024
The filing fee for an application for approval of the
				  construction, enlargement, reconstruction, alteration, abandonment, breach, or
				  removal of a dam shall be determined by measuring the height of the dam from
				  the natural bed of the stream or watercourse at the downstream toe of the
				  barrier, or from the lowest elevation of the outside limit of the barrier, if
				  it is not across a stream channel or watercourse, to the maximum storage
				  elevation.
001.01 The fee shall be
				one-hundred and fifty dollars ($ 150.00 ) for dams less than twenty-five feet
				in height.
001.02 The fee shall be
				two-hundred and fifty dollars ($ 250.00 ) for dams twenty-five feet in height
				to not more than fifty feet in height.
001.03 The fee shall be three-hundred and
				fifty dollars ($ 350.00 ) for dams in excess of fifty feet in height.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 3 - FEES › Section 458-3-002

Current through June 17, 2024
The amount of the filing fee for the approval of plans of a
				  previously constructed dam is the same as the amount for construction of a new
				  dam of the same size.
Nebraska Administrative Code › Topic - NATURAL RESOURCES, DEPARTMENT OF › Title 458 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES RULES FOR SAFETY OF DAMS AND RESERVOIRS › Chapter 3 - FEES › Section 458-3-004

Current through June 17, 2024
The filing fee for a request for a waiver to install outlet
				  works is $10.
STATUTORY AUTHORITY:
Neb
.
Rev
.
Stat
. §
											46-1655
Neb
.
Rev
.
Stat
. §
											33-105(8)
Neb
.
Rev
.
Stat
. §
											61-206