Nebraska Administrative Code

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 1 - GENERAL DEFINITIONS Unless otherwise specifically defined in any Chapter of this Title, the following definitions apply: 001. DEPARTMENT. The Department of Natural Resources. 002. DIRECTOR. Th…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 10 - PUBLIC HEARINGS REGARDING INTEGRATED WATER MANAGEMENT 001. DEFINITIONS. 001.01. Interested person means a person who or an entity which has a specific interest in the applicability of a statu…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 13 - INTEGRATED MANAGEMENT PLANS 001. TYPES DATA CONSIDERED. The following types of scientific data and other information will be considered in the adoption of a plan for the integrated management…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 15 - CONFIDENTIALITY FOR TRADE SECRETS 001. Whenever the Department requests that an entity furnish records or information which may be entitled to confidential treatment as trade secrets under Ne…

Title 454 – Nebraska Department of Natural Resources – Rules of Practice and Procedure Chapter 16 – When Use of Public Private Partnerships may be Appropriate 01.01 DEFINITIONS For purposes of this rule and regulation, the terms below have the following meanings: 01.01A “Alternat…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 2 - THE OFFICE OF THE DEPARTMENT OF NATURAL RESOURCES 001. LOCATION. The office of the Department is located in Lincoln, Nebraska at 245 Fallbrook Boulevard, Suite 201, on the second floor of the …

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 3 - FILING REQUIREMENTS The following filing requirements apply unless more specific requirements are stated in statute or within the Department’s Rules, Titles 454, 455, 456, 457, and 458. 001. M…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 4 - NEGOTIATED RULEMAKING 001. NEGOTIATED RULEMAKING GENERALLY. The purpose of this rule is to establish a framework for the conduct of negotiated rulemaking consistent with the Administrative Pro…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 5 - PETITIONING FOR RULEMAKING 001. RULEMAKING PETITION. 001.01. PETITION. Any person may petition the Department requesting the promulgation, amendment, or repeal of a rule. 001.02. FORM. The pet…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 6 - DECLARATORY ORDERS 001. GENERAL INFORMATION. 001.01. Scope of this chapter. This chapter pertains solely to the procedures to be used by any person or entity seeking issuance of a declaratory …

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 7 - CONTESTED CASES 001. DEFINITIONS. The following definitions shall apply as used throughout Chapter 7 of these rules. 001.01. Adjudicative and show cause proceedings include, but are not limite…

TITLE 454 - DEPARTMENT OF NATURAL RESOURCES RULES OF PRACTICE AND PROCEDURE CHAPTER 9 - PROCEEDINGS 001. DEFINITIONS: The following definitions shall apply: 001.01. Proceeding shall mean the form and manner of conducting business before the Department. Types of proceedings includ…

TITLE 455 - NEBRASKA DEPARTMENT OF NATURAL RESOURCES - FLOODPLAIN MANAGEMENT Chapter 1 - MINIMUM STANDARDS FOR FLOODPLAIN MANAGEMENT PROGRAMS 001 Purpose and Application. Under authority of and in compliance with subsection (5) of Section 31-1017, R.R.S. 1943, the rules and regul…

TITLE 456 - RULES FOR GROUND WATER CHAPTER 1 - DEFINITIONS 001. DEPARTMENT. The Department of Natural Resources. 002. DOMESTIC WATER WELL. A well that provides ground water required for human needs as it relates to health, fire control, and sanitation or for domestic livestock as…

TITLE 456 - RULES FOR GROUND WATER CHAPTER 11 - GROUND WATER MANAGEMENT PLANS 001. REQUIREMENTS. 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 …

TITLE 456 - RULES FOR GROUND WATER CHAPTER 12 - GROUND WATER WELL REGISTRATIONS 001. 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 acco…

TITLE 456 - RULES FOR GROUND WATER CHAPTER 4 - INDUSTRIAL GROUND WATER PERMIT 001. APPLICATION. All information required under Neb. Rev. Stat. § 46-678 must be compiled and submitted in loose-leaf binder(s) with maximum dimensions of 11 inches by 11 inches by 4 inches. Maps, plan…

TITLE 456 - RULES FOR GROUND WATER CHAPTER 5 - GEOTHERMAL RESOURCE DEVELOPMENT PERMIT 001. PLANS. 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 b…

TITLE 456 - RULES FOR GROUND WATER CHAPTER 6 - PERMIT TO TRANSFER GROUND WATER TO ADJOINING STATE 001. REQUIREMENTS. 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 Departmen…

Title 457 - RULES FOR SURFACE WATER Chapter 1 - DEFINITIONS 001. APPROPRIATION. A permit to use surface water that has been perfected in accordance with terms stipulated by the Department. 002. CHIEF WATER OFFICER. The Chief Water Officer of the Department. 003. CLIMATIC CONDITIO…

Title 457 - RULES FOR SURFACE WATER Chapter 10 - PROJECT MAPS/PLANS 001. PROJECT MAPS FOR NATURAL FLOW APPROPRIATIONS 001.01 PROJECT MAP REQUIRED. All new Appropriations require a project map, except for temporary Appropriations. Project maps are also required for all approved mo…

Chapter 11 (Repealed)

Title 457 - RULES FOR SURFACE WATER Chapter 14 - CLAIMS 001 FORM. Any person who has a claim on the right to the use of public waters of the State of Nebraska for beneficial purposes and bases the claim upon the law of 1877, the law of 1889, by actual and beneficial use prior to …

Title 457 - RULES FOR SURFACE WATER Chapter 16 - INCIDENTAL AND INTENTIONAL UNDERGROUND WATER STORAGE 001 CONFERENCE. 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 in…

Title 457 - RULES FOR SURFACE WATER Chapter 17 - AUTHORITY TO LEVY FEES FOR INTENTIONAL UNDERGROUND WATER STORAGE AND RECOVERY 001 APPLICATION. The Application shall be on a form provided by the Department. An application that is incomplete or incorrect shall be returned to the a…

Title 457 - RULES FOR SURFACE WATER Chapter 18 - INSTREAM FLOWS 001 APPLICATION. The application shall consist of all items requested on the application form provided by the Department. The applicant shall contact the Department prior to submitting the application to determine a …

Title 457 - RULES FOR SURFACE WATER Chapter 2 - APPLICATIONS FOR NEW APPROPRIATIONS 001. REQUIREMENTS. Separate applications for new Appropriations must be filed: 001.01 For impoundment of water (storage), use of impounded water (storage use), use of natural flow from streams (di…

Title 457 - RULES FOR SURFACE WATER Chapter 21 - PERMIT TO CONDUCT WATER IN STREAM CHANNELS 001 APPLICATIONS 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…

Title 457 - RULES FOR SURFACE WATER Chapter 22 - INDUCED GROUND WATER RECHARGE 001 APPLICATION. The application shall consist of all items requested on the application form provided by the Department. 002 CORRECTION. Within 90 days of filing of the application, the Chief Water Of…

Title 457 - RULES FOR SURFACE WATER Chapter 23 - APPLICATIONS IN A MORATORIUM OR STAY AREA 001 APPLICATION. Any person wanting to apply within a moratorium or stay area for: (1) a new surface water Appropriation; (2) a permit to pump water for irrigation from a ground water well …

Title 457 - RULES FOR SURFACE WATER Chapter 24 - DETERMINATION OF FULLY APPROPRIATED BASINS, SUB-BASINS OR REACHES 001 FULLY APPROPRIATED. 001.01A Except as provided in 001.01C of this Chapter, for purposes of Neb. Rev. Stat. § 46-713(3)(a), the surface water supply for a river b…

Title 457 - RULES FOR SURFACE WATER Chapter 3 - RELINQUISHMENTS 001. RELINQUISHMENT. An owner of an Appropriation may voluntarily relinquish in whole or in part their rights under an Appropriation. 002. FORM. Relinquishments must be submitted to the Chief Water Officer on a form …

Title 457 - RULES FOR SURFACE WATER Chapter 4 - APPROPRIATION OWNERSHIP, CHANGE OF OWNERSHIP, POINT OF CONTACT, AND CONTACT INFORMATION 001. APPROPRIATION OWNERSHIP. Appropriations are appurtenant to the land in which surface water is applied in accordance with the terms of the A…

Title 457 - RULES FOR SURFACE WATER Chapter 5 (Repeal)

RULES FOR SURFACE WATER Chapter 6 - CHANGING POINT OF DIVERSION 001 PETITION. 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 …

Title 457 - RULES FOR SURFACE WATER Chapter 7 - HORSEPOWER 001 FEES. For power lease fee purposes, 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 divid…

Title 457 - RULES FOR SURFACE WATER Chapter 9 - TRANSFERS AND CHANGES 001 EXPEDITED TRANSFERS IN LOCATION OF USE 001.01 Expedited transfer process may only be used when: 001.01A All the land involved in the transfer is under the same ownership or is within the same irrigation dis…

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 1 - DEFINITIONS 001. For purposes of Title 458, the definitions found in the Safety of Dams and Reservoirs Act, Neb. Rev. Stat. §§ 46-1601 to 46-1670, and the following definitions apply: 001…

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 6 - COMPLETION CERTIFICATION 001. The owner of a Dam shall file with the Department a completion certification after completion of a new or reconstructed Dam and Reservoir or enlargement of a…

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 7 - CONSULTING BOARD 001. When the safety and technical considerations pertaining to an Application approval, an approval to operate, or the Plans and specifications of a Dam require it, or w…

NEBRASKA ADMINISTRATIVE CODE Title 458- RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 8 - HAZARD POTENTIAL CLASSIFICATION 001. All Dams shall be classified as high hazard potential, significant hazard potential, low hazard potential, or minimal hazard potential as defined in th…

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 2 - FEES 001. The filing fee for an application for approval of the construction, enlargement, reconstruction, alteration, or abandonment of a Dam shall be determined by measuring the height …

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 3 – REQUIREMENTS FOR APPLICATION APPROVAL AND NOTICE 001. APPLICATIONS. Any person intending to construct, enlarge, reconstruct, alter, abandon, breach, or remove a Dam must file an Applicati…

NEBRASKA ADMINISTRATIVE CODE Title 458 - RULES FOR SAFETY OF DAMS AND RESERVOIRS Chapter 4 - REQUIREMENTS FOR DAMS CONSTRUCTED PRIOR TO SEPTEMBER 4, 2005, AND NOT PREVIOUSLY APPROVED BY THE DEPARTMENT. 001. This Chapter applies to all Dams that were completed prior to September 4…