All Roll Calls
Yes: 409 • No: 220
NebraskaLB317109th Legislature 1st and 2nd SessionslegislatureWALLET
Merge the Department of Natural Resources with the Department of Environment and Energy and change the name to the Department of Water, Energy, and Environment, create the position of Chief Water Officer, and provide, change, and eliminate powers and duties relating to water, conservation, state game refuges, and low-level radioactive waste disposal
Sponsored By: Tom Brandt
Signed by Governor
Natural Resources Committee
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Bill Overview
Analyzed Economic Effects
89 provisions identified: 38 benefits, 14 costs, 37 mixed.
Irrigation grants up to $5 million
The state creates a Surface Water Irrigation Infrastructure Fund with a one‑time $50 million transfer. Irrigation districts can apply for grants up to $5 million each for repairs or construction. Winners must put in a 10% match.
Law takes effect immediately
The law declares an emergency. It takes effect when passed and approved according to law.
Deadlines and equipment after water right approval
After approval, you must file a map or plat within six months or the right can be forfeited. You must start work within 12 months and finish at least one‑tenth of the project within one year or risk cancellation, unless you get an extension. If the department gives 30 days’ notice, you must install and maintain a headgate and a measuring device or delivery can be stopped. Each year by April 1, the department can require irrigators and districts to send maps, acreage, owner data, and install gauges; water can be denied for not complying.
Tank leak investigations and cleanup orders
Reported releases are investigated by the State Fire Marshal and the Department using risk‑based methods. If harm is found, the Fire Marshal handles immediate danger. The Department can order owners or operators to design and carry out cleanup plans. The Department must act on a complete plan within 120 days, and a complete plan is deemed approved if it does not act in time.
Tougher rules for well contractors
The Department can deny, suspend, revoke, or refuse to renew water‑well licenses for fraud, unsafe practice, missing education, or failing to file required notices. A Water Well Licensing Fund holds fees and pays to run the program. If you ask for a declaratory ruling or variance, you must pay a $50 to $100 application fee.
No tax breaks for radioactive waste
The state bans any tax credit or exemption for building or hiring related to licensed low‑level radioactive waste disposal facilities in Nebraska.
Use-or-lose rules for water rights
The department can cancel water rights for nonuse after notice and a hearing. Some nonuse is protected: up to 30 years if water was unavailable (longer in some managed basins), indefinite for some storage or inadequate‑supply uses, and up to 15 years for other causes like military service or legal proceedings. If a temporary transfer is unused for over five years without good cause, the right at that location ends; you have five years to restart at the former location before cancellation. Districts have five years to reassign a voluntarily relinquished right or it is canceled. The department must issue cancellation orders within 60 days of a relinquishment, combine hearings with any pending storage application, allow appeals, and can keep a higher diversion rate on remaining lands if needed for good husbandry.
Ethanol producer credits and new limits
Ethanol facilities get a 7.5¢ per‑gallon credit for new production for up to 36 months, and a separate $0.18 per‑gallon credit that lasts 96 or 48 months depending on facility class. Annual eligible gallons are capped at 15,625,000 and total eligible gallons at 125,000,000 for the $0.18 credit. Credits are nonrefundable but transferable tax credit certificates, and transfers between a producer and a related fuel licensee are not allowed. To qualify for credits on new facilities, producers must publicly bid construction and prefer a comparable Nebraska‑resident bidder; the state can deny credits if a responsible Nebraska bidder was unfairly passed over. Facilities receiving these ethanol benefits after April 16, 2004 cannot also claim incentives under several other state business incentive acts.
New fund to replace lead pipes
The Lead Service Line Cash Fund is created and run by the Department. The Legislature provides money, and the state investment officer may invest it. Grants from the fund help pay to replace lead water service lines. The law does not set exact grant amounts.
Payments for farmers who cut nitrogen
Farmers who document cutting nitrogen by the lesser of 40 pounds per acre or 15% from a historic baseline can get per‑acre payments. The Department sets the rate but it is at least $10 per acre. Total yearly payments cannot exceed $5 million or the amount appropriated. The Department sets product standards by rule and manages a cash fund to hold program money.
Environmental and energy grants with oversight
The Environmental Trust Board sets categories, a calendar, and rating rules and makes annual grants, including multiyear commitments up to three years without renewal. It reviews grants each year and may assess long‑term effects every five years. The Department serves as the Governor’s agency to choose projects, allocate an energy fund, sign contracts with reporting and accounting, and monitor use. Local governments can apply, and the Governor submits a predisbursement plan when required.
Environmental Trust board and grants
The Environmental Trust Board now includes key state leaders plus nine citizens. The board hires an executive director, with Game and Parks providing support. A qualifying water grant pays three installments of $3,300,000: the first within 15 business days after approval, the second by May 15, 2013, and the third by May 15, 2014 if lawmakers authorized it.
New energy rules for state buildings
The State Building Administrator can adopt a newer energy code and add extra efficiency or renewable energy rules. The department must be consulted. Agencies can get a waiver only if they provide a life‑cycle cost analysis showing it is not in the state’s best interest. This can lower state energy costs over time.
Protecting streams and reducing erosion
The department and commission run a statewide program to control erosion, cut sediment pollution, and conserve resources through local districts. Natural resources districts and the Game and Parks Commission must study and identify stream segments that need instream flows and quantify those needs. After notice and a public hearing, they may apply to protect instream flows, naming locations, critical seasons, and needed flow. A Riparian Vegetation Task Force advises on river‑bank vegetation and is housed in the Department of Agriculture for admin support.
Stricter review for out-of-state water
When someone seeks Nebraska surface water to use in another state, the director must check if unappropriated water exists. The decision must weigh public welfare, public interest, and whether the use is beneficial. Orders must explain the reasons and cite the record.
Emergency water for fires
Fire departments and emergency responders can take water from streams, reservoirs, or canals during a fire or emergency without a permit. If a dry well is installed, they must tell the Department where it is and who is responsible within 30 days.
Higher energy standards for state buildings
New state buildings, and many new HVAC, lighting, and envelope parts in state buildings, must meet or beat the 2018 International Energy Conservation Code. The State Building Administrator, with the Department, may adopt a newer code or add energy or renewable rules. Agencies can get a waiver only if a life‑cycle cost study shows it is not in the state’s best interest, and the agency must provide that study.
Lead pipe replacement grants and training
The Lead Service Line Cash Fund helps remove and replace lead pipes. Up to 20% funds worker training. The rest goes as grants to metropolitan utilities districts for pipe removal, debt repayment on related loans, outreach, mapping, and equipment. The Department sets program rules.
Stronger chemical security and public info
Beginning July 19, 2024, covered chemical facilities must use the federal voluntary chemical security program unless Congress restores federal standards. State agencies publish the requirement and link to the program. Emergency plans, safety data sheets, chemical inventories, release forms, and follow‑up notices are open to the public during normal hours at set locations. On request, agencies withhold exact locations of chemicals listed as tier II information.
Dam approvals, penalties, and fees
After you build, enlarge, or rebuild a dam, you must file a signed completion certificate and drawings. You cannot impound water until the department finds the dam safe and issues an approval to operate. Violations can cost up to $500 per day until fixed. You cannot get certain environmental permits unless you certify any needed dam approvals. The department may appoint a consulting board for technical review. Dam application filing fees are capped at $200 (under 25 feet), $300 (25–50 feet), or $400 (over 50 feet).
Irrigation limits and ditch upkeep
Natural‑flow irrigation is capped at 1 cubic foot per second per 70 acres and no more than 3 acre‑feet per acre each calendar year. These limits do not apply to storage water or certain transferred rights. Ditches used for irrigation must be ready to receive water by April 15 each year. You must keep approved headgates and measuring devices at each lateral, built to department plans.
Immediate pause on new water permits in full basins
When a basin is preliminarily found fully appropriated, the department immediately stops new natural‑flow, storage, and storage‑use rights. It sends certified‑mail notices to well contractors and local districts. When the district gets the notice, new well construction permits are paused. The department also publishes public notice weekly for three weeks. A stay can last up to 3 years at first and can be extended yearly up to 2 more years by agreement.
Short stays and four-year permit limits
A natural resources district can impose an immediate 180‑day stay on new wells or increases in irrigated acres and must hold a public hearing during the stay. After a status change, districts must set rules within 120 days to limit new ground‑water irrigated acres for at least four years. For surface water, the department cannot approve rights that add more than 834 net new irrigated acres per district per year during that four‑year period.
Easier to move diversions and water use
Owners may petition to change a point of diversion, move canals or flumes, or change a storage site, but must get department approval. A reservoir owner has a six‑month preferred window to apply to use stored water after the completion deadline. Some irrigation location‑of‑use transfers can be approved without a hearing if strict conditions are met, including no increase in irrigated acres and no harm to other surface water users. To conduct water into or along a natural stream, you generally need a permit with plans, and you are liable for overflow damage.
Local groundwater rules: meters, reports, and limits
Your local natural resources district can require meters on wells and can order decommissioning of wrongly classified wells. It can require reports on water use and irrigated acres and may charge a fee to process a variance. In management areas, districts can set allocations, well spacing, measuring devices, reduce irrigated acres, require testing, place conditions on transfers, limit permits, and more. They may also offer education or incentives tied to compliance.
Oil tanks: $5 registration and tough fines
If you own a farm or home heating oil tank, you must register it with the State Fire Marshal and pay a one‑time $5 fee; registration lasts until you report permanent closure. People who deposit regulated substances must tell tank owners about registration rules; the Department provides a printed notice. Violating storage laws can bring civil fines up to $5,000 per offense, per day. The petroleum release fund can pay for cleanups first reported after July 17, 1983 and by June 30, 2028 when the responsible party can’t be found or won’t act, or immediate action is needed; the Department can recover costs later.
Voluntary cleanup: decisions, closure, and releases
The Department must review your voluntary cleanup plan and give written reasons if it is denied, with a chance to resubmit. Within 60 days after finishing, you must file a final report and an assurance that work is complete. If monitoring rules are met and fees are paid, you may get a “no further action” letter, but you may owe ongoing oversight costs and more cleanup can be required if contamination returns. When a plan is completed, the Department may record a certificate that creates a covenant not to sue, which can be voided for fraud or failing required controls. You may end a plan early only if the site is no worse and you repay all outstanding Department costs; the Department can also end a plan for violations or missed timelines with written notice.
Tougher dam safety rules and penalties
High‑hazard dams are inspected yearly; lower‑hazard dams less often. The department can change schedules, do extra checks, and require tests or fixes. Owners must run emergency plans, warn people at risk, and notify the Chief Water Officer. If a pre‑Sept. 4, 2005 dam never got required approval, the owner must apply within 60 days of certified notice. Staff may enter dam property with reasonable notice, and owners must report ownership changes. Breaking dam rules is a misdemeanor, and each day can be a separate offense; you can appeal final orders. A Dam Safety Cash Fund supports the program.
Energy loans: caps, liens, protections
Loans under the utility energy program are capped at $15,000, and loans over $10,000 must include a bank partner. Repayment terms must be between 3 and 20 years. If a loan is unpaid 60 days after the due date, the unpaid amount can become a lien on the property if filed within 4 months and signed by recorded owners. Utilities cannot cut service to residential, agricultural, or commercial customers because of a loan default. The Director may set rules to run the program.
Industrial groundwater permits and 2026 allocation rules
If you plan to withdraw and transfer groundwater for industry, you must get a permit before building wells. The Director can add conditions and can change or revoke permits after notice. In fully or overappropriated areas without a pre‑Nov. 1, 2005 plan, allocations are protected through Dec. 31, 2025. Before Jan. 1, 2026, your minimum is the greater of the permit amount or what the use needs, including projects under 25 million gallons a year. Starting Jan. 1, 2026, the base is the greater of your permit or your prior greatest annual use, and increases that cut streamflow are handled under the integrated plan; new projects over 25 million gallons a year after July 14, 2006 may face controls.
Chief Water Officer now in charge
The Chief Water Officer takes over powers the Natural Resources Department had before July 1, 2025. The Officer and assistants may enter dams, reservoirs, hydro plants, headgates, and measuring devices at reasonable times to do their work. This centralizes who inspects and enforces water rules.
Clear rules for streams and moving water
The law defines an ephemeral stream as one that flows only after rain or irrigation runoff, and certain mapped intermittent reaches count unless reclassified by rule. For interbasin transfers, it defines key terms and requires a public‑interest test that weighs benefits and harms. A transfer is in the public interest if benefits to the state and the source basin are at least as great as the harms. Orders must explain the reasons and cite the hearing record.
Faster, science-based water plans with enforcement
The department and districts must use the best scientific data and consult agencies, water users, and the public. If they agree on a plan, they hold hearings within 45 days and decide within 60 days after the last hearing. A review board can adopt basin‑wide plans and assign who enforces surface and groundwater rules. If a district misses plan deadlines or a plan is not approved, the Director sets controls within 90 days after notices and hearings.
How water rights get approved or denied
The department approves a water right if water is available, the use does not harm the public, and the public interest does not demand denial. It may approve a smaller amount, give a shorter time to perfect, and add conditions. It can deny when no water is left, a prior right already waters the same land, needed agreements are missing, or the public interest demands denial. Applicants can get a hearing with a full record.
New limits and exceptions on water use
A basin is “fully appropriated” when current use would cut flows below what existing users or compacts need. Stays on new uses have many exceptions, such as test holes, short‑term dewatering wells, some small wells, and emergency drinking‑water wells. If the Department does not approve a new acres number in time, districts must cap new permits each year at the lesser of 2,500 acres or 20% of historically irrigated acres for four years. Integrated plans can require conservation, limit new surface‑water rights, and enforce diversion monitoring.
Old water and energy laws repealed
The law repeals many listed Nebraska statutes tied to water, conservation, and energy. Those sections no longer apply once this act takes effect. This cleans up the law but also removes some prior rules.
Public suppliers’ recharge rights and payments
For public water supplier wells in service before Sept. 9, 1993, the Director must approve needed recharge at reasonable rates and timing, with a presumption of public interest. Wells built on or after that date also must show unappropriated water exists and that design and siting minimize recharge demand. The Director can limit amounts or months and add conditions, and suppliers can vest projected uses within 25 years. Districts may set stricter limits on suppliers. If a supplier asks to regulate juniors for non‑domestic uses and a junior perfected before Sept. 9, 1993 is injured, the supplier must pay just compensation. If the CPI ends, the Chief Water Officer picks a similar index to adjust subordinated‑water payments.
Simpler water permits and applications
The Chief Water Officer measures stream flows, keeps records, and sets who has priority; the priority date is the filing date. For induced‑recharge applications, applicants must pay to publish notice once a week for three weeks in local and statewide papers, and people have two weeks after the last notice to object. The Chief can hold a public hearing near the wells. Temporary permits under ten acre‑feet for public‑use construction can be approved without proving unappropriated water and can last up to one year. The department can allow transfers of priority dates inside the same well field under strict limits, and reclamation annexations must be filed with the Chief. The Chief now decides municipal and rural groundwater transfer permits using set factors.
Faster response to groundwater pollution
If the Director sees likely groundwater contamination and weak local controls, the Department must study sources and the affected area and issue a report within one year. If the study finds point‑source pollution, the Director must quickly use Environmental Protection Act tools to stop the spread. If the study finds nonpoint sources and no suitable management area, the Director must set a public hearing within 30 days and hold it within 120 days, then decide on a management area or action plan.
Stronger dam and lake safety permits
The Department and Chief Water Officer must approve any work to build, change, remove, or abandon a dam. Owners of high‑hazard dams must create, test, and update emergency action plans; the Department can require plans for significant‑hazard dams. If a livestock waste facility includes a dam, pond, or lagoon, the owner must submit plans and get approval before construction; the Department must decide within 60 days. Anyone planning to drain or lower a natural or perennial lake over 20 acres, or one important for aquaculture or hunting, must get a permit first.
Town water rights rules through 2026
In fully appropriated or overappropriated basins without a pre‑Nov. 1, 2005 plan, towns keep their pre‑2005 water amounts until Jan. 1, 2026. For towns without prior amounts, the minimum may be a permit amount or use plus a per‑person allowance with floors of 200 gallons/day at 95°19′00″ longitude and 250 gallons/day at 104°04′00″ longitude. Starting Jan. 1, 2026, a town’s base amount follows its greatest annual use before 2026 for listed uses plus the per‑person allowance, and later increases that reduce streamflow are handled by integrated plans. Towns may need to file a conservation plan to qualify for the pre‑2026 protection.
Water project funding and plan rules
When cities apply and get approved, 10% of the Water Sustainability Fund helps combined sewer overflow projects, split by population among approved cities. The Department creates a separate subaccount for each approved project and caps total unfunded allocations at $11 million. Rural water district projects must file plans and get Director and Chief Water Officer approval; if the work is on a public water system, only the environmental agency reviews for Safe Drinking Water Act rules. Public water suppliers must include hydrologic details in water‑appropriation applications and may add a 25‑year use projection. The Water Resources Cash Fund can pay for projects in areas with integrated plans, but districts must cover at least 40% of costs and the fund cannot pay administrative salaries.
Local codes must match state code
Counties, cities, and villages can enforce local building codes only if they adopt the state building code or a code that generally matches it. They must update within two years of each state code update, or the state code applies by default. Farm construction is excluded. Local governments may make limited administrative amendments and must notify the state if specific sections are deleted.
Small reward for reporting water violators
The Department may pay up to $25 for help that leads to the apprehension and conviction of certain water‑law violators. Rewards are paid from fees the Department collects.
Renewable devices qualify for energy loans
The Department lists solar, biomass, and wind devices as energy conservation measures. That means these devices can qualify for the state’s energy conservation loans and programs. If you install one, your project may be eligible for those programs.
Which home energy upgrades qualify for help
The Director decides which furnaces, burners, heat pumps, boilers, conservation devices, and renewable technologies count for the state’s residential energy conservation program. These choices control which home upgrades can get program support.
Grants to train lead line workers
The state uses up to 20% of the Lead Service Line Cash Fund for grants to Nebraska labor training groups. Grants can build training sites or run programs to prepare workers to replace lead service lines. If you join a funded program, you can get skills for this work.
State workers keep rights after merger
On July 1, 2025, jobs tied to transferred duties move to the new Department of Water, Energy, and Environment. Workers in those positions become employees of the new department. They keep personnel rights and bargaining protections, and their service stays continuous.
Initial license fees waived for some
The board waives the initial license fee for applicants who qualify as low-income, a military family, or a young worker under the Uniform Credentialing Act. The board still sets other fees, but eligible first-time applicants pay no initial license fee. Bring proof of your status when you apply.
Annual water checks and challenges
By January 1 each year, the Chief Water Officer reviews long-term water supplies in each river basin. The report says how current uses affect short- and long-term supplies and notes if a basin looks fully used. Anyone can petition for a reevaluation with new data or to correct errors. If a finding changes, the department must give certified notice, hold public hearings within 90 days, and issue a final decision within 30 days after the last hearing.
Litter fees fund recycling programs
The Tax Commissioner keeps collection costs from litter fees. The rest goes to the Department of Water, Energy, and Environment. The department funds education, cleanup, and community recycling based on yearly council-set percentages.
More input on water and climate plans
The commission must work with state agencies and the university when planning and funding water projects. At least four public hearings are required before changing the statewide erosion program. The water and energy director joins the state climate committee. The Governor must seat the Interrelated Water Review Board within 45 days when needed. Before issuing certain permits, the commission must consult the department and the Underground Injection Control authority. Carbon dioxide storage sites must not pollute or create a nuisance, and the department’s authority stays in place.
New water-energy department takes over
On July 1, 2025, the Department of Water, Energy, and Environment takes over work from the old natural resources and environment agencies. Budget authority and property move to the new department, and contracts and lawsuits keep going without a break. Unpaid, certified bills as of June 30, 2025 are paid from remaining funds. State laws and records now point to the new department and the Chief Water Officer, who carries the former director’s duties.
New water, energy, and environment department
Beginning July 1, 2025, Natural Resources merges into Environment and Energy, renamed the Department of Water, Energy, and Environment. The Director of Natural Resources is renamed Chief Water Officer and keeps powers unless changed by law. Statutes now use “Chief Water Officer” in place of old titles, including for dam safety and irrigation. The Officer must be a licensed engineer or geologist with five years of irrigation experience, is appointed by the Governor with legislative confirmation, reports to the Department Director, and takes the state oath. The Officer adopts an official seal used for certified records in court and may adopt rules where allowed; existing rules stay in effect until changed.
New Water, Energy, Environment Department
The state combines natural resources and environmental duties under the Department of Water, Energy, and Environment. All laws now point to this new department and its Director. A Natural Resources Cash Fund holds fees, payments, federal money, and state appropriations to run programs. The department now leads petroleum storage oversight, with the State Fire Marshal working under an agreement.
State water office powers and staffing
The Department of Water, Energy, and Environment and the Chief Water Officer run state water programs. They handle water rights, can make rules, hold hearings, and require records. Division supervisors manage water distribution in divisions 1 and 2 under the Chief Water Officer. The Department can hire needed staff and advisors. The Chief Water Officer and certain deputies are exempt from the State Personnel System and serve at the agency head’s pleasure.
Statewide solid waste plan and study
The Department must contract for a statewide solid waste management plan that prioritizes reducing waste, then recycling and composting. An unpaid advisory committee of up to nine members may assist. A related modernization study requires a report with recommendations by December 15, 2017.
Volkswagen settlement fund for clean air
The Volkswagen Settlement Cash Fund is created and run by the Department. All settlement money goes into the fund. The Department spends it under its use plan, and the state may invest available balances.
Waste rebate and rural grants moved
The new department now runs the 10‑cent solid waste disposal rebate to the town or county of origin. It also takes applications and awards demolition grants under the Revitalize Rural Nebraska program, with current priorities unchanged. Towns and villages apply to the new department.
Emergency planning and right-to-know rules
The Nebraska Emergency Management Agency must make rules to carry out emergency planning and community right‑to‑know duties. The Environmental Quality Council must make rules so the Department can carry out its part of the law.
Public access to cleanup plans and covenants
Before approving a voluntary cleanup plan, the Department must publish a local notice, share the plan, and take 30 days of public comments. A public hearing is required if comments raise broad legal or policy questions with strong public interest. If an environmental covenant is recorded and the Department did not sign it, a copy must be sent to the Department, which must list these documents for the public.
New fund to close illegal wells
The law creates the Water Well Decommissioning Fund. Money can come from state appropriations, fees, donations, and other receipts and does not lapse. The Department sends well registration fees to the State Treasurer, who credits department costs and licensing fees first, and sends the rest to this fund. The Department must share fund dollars with natural resources districts based on how many illegal wells they closed last year. Payments reimburse district costs and cannot exceed what the district spent.
One-time $1M for nitrogen reduction
The State Treasurer must transfer $1,000,000 to the Nitrogen Reduction Incentive Cash Fund. This must happen as soon as possible after July 19, 2024, but before June 30, 2025. The budget administrator may set the dates and split the transfer.
Priority for tribal drinking water projects
The Water Sustainability Fund can award grants or loans for water work in Nebraska. When scoring, the commission must prioritize drinking water improvements for any federally recognized tribe under an EPA no‑drink order.
Storm water grants for cities and counties
The Department runs a grant program for storm water plans. Applicants need a plan that meets NPDES rules. At least 80% of funds go to urbanized‑area cities and counties by population. Up to 20% can go to certain non‑urbanized places over 10,000 people. A 20% local match is required, and some unawarded funds roll forward as set in the law.
State notice on local code rollbacks
If a city, county, or village deletes parts of chapter 13 of the 2018 International Building Code or chapter 11 of the 2018 International Residential Code, it must notify the state within 30 days. This lets the state track changes to key building and energy rules.
Natural Gas Fuel Board created
A Natural Gas Fuel Board will advise the Department on using natural gas as a motor fuel. The Governor appoints eight members for four‑year terms. The board meets at least once a year and gets staff support from the Department.
State buys more recycled products
State agencies and the University must prefer products made from recycled material or that can be reused or recycled. They may also prefer corn‑based biodegradable plastics and certain road deicers. The preference does not apply if quality is inadequate or cost is much higher.
Conditional ban on non-biodegradable diapers
On and after October 1, 1993, the state can ban retail sales of disposable diapers that are not biodegradable or photodegradable. This ban applies only after the Director finds eco-friendly diapers are readily available statewide at a similar price and quality. The Director must study environmental impact and fate when deciding. Until that finding is made, sales may continue.
Set fees to register water wells
You must pay a registration fee when you register a water well. Wells up to 50 gallons per minute pay $25 to $40. Wells over 50 gallons per minute pay $40 to $80. Fees go to the Water Well Standards and Contractors' Licensing Fund.
Use energy loans as agreed or repay
If you take a loan under the state energy conservation program, you must use the money only for the agreed purpose. If you use the funds for anything else, the lender can demand full repayment right away. Keep clear records tied to the approved project.
Fuel dealers face new ethanol reporting
Starting January 1, 2025, the state publishes a yearly statewide ethanol blend rate. Retail fuel dealers must file quarterly reports showing gallons sold by fuel type and the ethanol percentage, on the Department of Revenue’s form. Keep sales and blend data to meet the filing rule.
Annual state fee for water power projects
If your water right is for power, you must sign a state lease within six months. You pay $15 each year for every 100 horsepower on January 1. If you do not lease or do not pay after required notices, the department can deny diversion or cancel the right.
Biodiesel credit requires lab proof
To get a state biodiesel income tax credit, a facility must show approvals from the state agency and the federal ATF. Each year it must submit independent ISO‑standard lab results on product samples. The facility must tell the Department of Revenue before sampling so the state can observe.
Simpler water filings and small uses
You can file a free application to recognize incidental underground storage if you hold a perfected surface‑water right, but you must prove storage occurred. The department records owners’ addresses for each right and cannot charge to file or update contact info. If your application is defective, the department returns it within 90 days; you have 90 more days to refile, and you keep your original priority date if accepted. If you use storage water with natural flow and the canal asks, you must give written notice within 24 hours. For very small irrigation rights, the department may allow short‑time use up to the daily or weekly equivalent of the approved continuous rate. Irrigation district petitions and reports now go to the Chief Water Officer, who must act within legal timelines.
Well registration and owner notice rules
You must register your water well and file required notices with the Department of Water, Energy, and Environment. The department sets by rule whether the owner or the contractor must give decommissioning or modification notices. Time limits in law still apply, such as registering within 60 days after completion. The department keeps the registration form and gives copies to the local district, the owner, and the licensed contractor.
Diesel vehicle smokemeter tests and citations
The department approves smokemeters and authorizes testing staff and sites. Tests must use approved meters and procedures at set engine speeds. Authorized officials may issue citations based on visual smoke checks. You may face a citation if your diesel fails an approved test.
Rural buyers must file water update
If you buy property outside a city and the sale shows surface water rights or wells, you must file a water resources update notice within 60 days of recording. Some domestic wells built before September 9, 1993 are excepted. The Department provides the form and gives it to title companies, and the state cannot charge a filing fee.
How the gas tax is set
The state uses a six‑month average wholesale gasoline price from the Department to set the 5% motor fuels tax. The average excludes state and federal excise taxes and environmental fees. It is recalculated on April 1 and October 1. The change between periods cannot be more than one cent per gallon.
New permits and reinjection for geothermal
You must get a Department permit before building wells to withdraw groundwater for geothermal development. Geothermal fluids must be put back into the same formation in about the same volume and equal or better quality unless the permit allows other use. The Department will consult with the environmental agency and set rules.
Joint water plans and timelines
When a basin is found fully appropriated or overappropriated, the department and affected districts must adopt a joint plan within three years. They can agree to extend the deadline by up to two more years. If the department requires conservation steps while planning, affected users get up to 180 days to propose measures, set a schedule, and comment. The department can grant more time.
More water data and annual report
The Department can do special water data projects for other agencies and may charge fees to cover costs. Natural resources districts must submit groundwater monitoring data in time for trend analysis. Each year, the Department sends an electronic report on groundwater monitoring and trends to the Legislature.
New rules for water transfers and storage
If a temporary water transfer is approved, you must file papers with the county within 60 days and give the Department proof within 90 days, or the Chief Water Officer may cancel the approval. The Chief Water Officer can make rules for the transfer laws. Holders of approved, unperfected appropriations may apply to add intentional underground storage; the Department provides the form for free. Before charging underground storage fees, you must file a fee schedule and technical details; the Department approves reasonable fees and normally revisits them every five years unless pledged to financing. You may appeal listed decisions and orders of the Chief Water Officer under section 61‑207.
Old well priorities and ditch measuring
Public water suppliers get fixed priority dates for older induced‑recharge wells that existed on September 9, 1993. Managers of interstate ditches may be ordered to install measuring devices at the state line within 30 days and send daily reports during irrigation season. Not complying is a Class V misdemeanor.
Stronger local groundwater plans and enforcement
Natural resources districts must keep a groundwater management plan using the best data and send changes to the Chief for review within 90 days. If plan costs exceed 25% of a district’s budget, the district can seek help from the Nebraska Resources Development Fund. Districts can make rules, investigate, and work with other groups, and must report groundwater contamination to the state. They can issue cease‑and‑desist orders after three days’ notice. Districts must consult underground storage permit holders before changing management‑area rules.
Stronger rules for petroleum cleanups
The state sets rules for paying cleanup costs, audits, and when reimbursements can be cut, even up to 100% for noncompliance. The Department must publish reasonable rate schedules and will limit payments to reasonable costs, though higher proven costs may be allowed. The Director must report total cleanup cost needs and fund balances each year. The Department must offer risk‑based corrective‑action briefings and may charge fees. The Department or State Fire Marshal can seek court orders to stop storage and handling violations.
Tighter water funding and new stays
A natural resources district can get Water Sustainability Fund money only if it has, or is working on, an approved integrated management plan. In areas using certain controls, a district can ask the Chief Water Officer to place a stay on new surface‑water appropriations. The Chief can allow exceptions for clear public benefits and can later lift the stay.
Tougher water enforcement and time limits
Courts cannot issue an immediate irrigation injunction if the Chief Water Officer is a party unless certified or registered notice was mailed at least 72 hours before the hearing. Willful tampering with headgates or unauthorized reservoir releases is a Class II misdemeanor, and each day is a separate offense. Renewals or extensions cannot make a temporary transfer last more than 30 years from approval. Some orders about underground storage and fees cannot be attacked in related cases. You generally cannot sue the state for dam‑failure damages unless it negligently took control in an emergency.
State takes closed CO2 storage sites
After a CO2 storage project meets closure rules and gets a completion certificate, title to the facility and the stored CO2 transfers to the State of Nebraska. The state then monitors and manages the site. The operator and CO2 generators are released from the facility’s regulatory duties, and financial assurance is released.
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Sponsors & Cosponsors
Sponsor
Tom Brandt
legislature
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
legislature vote • 4/24/2026
Vote
Yes: 12 • No: 29 • Other: 8
legislature vote • 4/24/2026
Vote
Yes: 30 • No: 4 • Other: 15
legislature vote • 4/24/2026
Vote
Yes: 1 • No: 29 • Other: 19
legislature vote • 4/24/2026
Vote
Yes: 36 • No: 0 • Other: 13
legislature vote • 4/24/2026
Vote
Yes: 34 • No: 8 • Other: 7
legislature vote • 4/24/2026
Vote
Yes: 46 • No: 0 • Other: 3
legislature vote • 4/24/2026
Vote
Yes: 13 • No: 33 • Other: 3
legislature vote • 5/1/2025
Final Reading
Yes: 34 • No: 12
legislature vote • 4/22/2025
Vote
Yes: 36 • No: 0 • Other: 13
legislature vote • 4/22/2025
Vote
Yes: 13 • No: 33 • Other: 3
legislature vote • 4/22/2025
Vote
Yes: 12 • No: 29 • Other: 8
legislature vote • 4/22/2025
Vote
Yes: 46 • No: 0 • Other: 3
legislature vote • 4/22/2025
Vote
Yes: 34 • No: 8 • Other: 7
legislature vote • 4/22/2025
Vote
Yes: 1 • No: 29 • Other: 19
legislature vote • 4/2/2025
Vote
Yes: 30 • No: 4 • Other: 15
legislature vote • 4/2/2025
Vote
Yes: 31 • No: 2 • Other: 16
Actions Timeline
Approved by Governor on May 6, 2025
5/6/2025legislatureDispensing of reading at large approved
5/1/2025legislaturePassed on Final Reading with Emergency Clause 34-12*-3
5/1/2025legislaturePresident/Speaker signed
5/1/2025legislaturePresented to Governor on May 1, 2025
5/1/2025legislaturePlaced on Final Reading with ST29
4/29/2025legislatureEnrollment and Review ST29 filed
4/29/2025legislatureEnrollment and Review ST29 recorded
4/29/2025legislatureEnrollment and Review ER36 adopted
4/22/2025legislatureCavanaugh, M. MO183 pending
4/22/2025legislatureCavanaugh, M. MO183 failed
4/22/2025legislatureBrandt AM1035 withdrawn
4/22/2025legislatureBrandt AM1084 adopted
4/22/2025legislatureConrad AM1124 filed
4/22/2025legislatureConrad AM1124 adopted
4/22/2025legislatureStorer FA116 filed
4/22/2025legislatureStorer FA116 adopted
4/22/2025legislatureCavanaugh, J. AM1133 filed
4/22/2025legislatureCavanaugh, J. FA117 to AM1133 filed
4/22/2025legislatureCavanaugh, J. FA117 lost
4/22/2025legislatureCavanaugh, J. AM1133 lost
4/22/2025legislatureAdvanced to Enrollment and Review for Engrossment
4/22/2025legislatureBrandt AM1084 to ER36 filed
4/17/2025legislatureCavanaugh, M. MO183 Bracket until May 5, 2025 filed
4/17/2025legislatureBrandt AM1035 to ER36 filed
4/14/2025legislature
Bill Text
Introduced
5/6/2025
Enrolled / Slip Law
Final / Enacted
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