Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Neb. Rev. Stat. § 46-1201 Act, how cited.
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Sections 46-1201 to 46-1241 shall be known and may be cited as the Water Well Standards and Contractors' Practice Act.
Neb. Rev. Stat. § 46-1202 Purposes of act.
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The purposes of the Water Well Standards and Contractors' Practice Act are to: (1) Provide for the protection of ground water through the licensing and regulation of water well contractors, pump installation contractors, water well drilling supervisors, pump installation supervis…
Neb. Rev. Stat. § 46-1203 Definitions, where found.
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For purposes of the Water Well Standards and Contractors' Practice Act, unless the context otherwise requires, the definitions found in sections 46-1204.01 to 46-1216 shall be used.
Repealed. Laws 1993, LB 131, § 65.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1204.01 Abandoned water well, defined.
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Abandoned water well means any water well (1) the use of which has been accomplished or permanently discontinued, (2) which has been decommissioned as described in the rules and regulations of the department, and (3) for which the notice of abandonment required by subsection (2) …
Neb. Rev. Stat. § 46-1204.02 Active status water well, defined.
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Active status water well shall mean a water well which is in use and which is not an illegal water well.
Neb. Rev. Stat. § 46-1205 Board, defined.
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Board means the Water Well Standards and Contractors' Licensing Board.
Neb. Rev. Stat. § 46-1205.01 Licensed natural resources ground water technician, defined.
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Licensed natural resources ground water technician means a natural resources ground water technician who has taken a training course, passed an examination based on the training course, and received a license from the department indicating that he or she is a licensed natural res…
Neb. Rev. Stat. § 46-1206 Construction of water wells, defined.
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Construction of water wells shall mean and include all acts necessary to make a water well usable for the purpose for which it is intended including, without limitation, the siting of and excavation for the water well and its construction, alteration, or repair, but excluding the…
Neb. Rev. Stat. § 46-1206.01 Decommissioned, defined.
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Decommissioned, when used in relation to a water well, shall mean the act of filling, sealing, and plugging a water well in accordance with the rules and regulations of the department.
Neb. Rev. Stat. § 46-1207 Department, defined.
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Department means the Department of Water, Energy, and Environment.
Neb. Rev. Stat. § 46-1207.01 Illegal water well, defined; landowner; petition for reclassification; when.
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(1) Illegal water well means any water well which has not been properly decommissioned and which meets any of the following conditions: (a) The water well is in such a condition that it cannot be placed in active or inactive status; (b) Any necessary operating equipment has been …
Neb. Rev. Stat. § 46-1207.02 Inactive status water well, defined.
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Inactive status water well shall mean a water well that is in a good state of repair and for which the owner has provided evidence of intent for future use by maintaining the water well in a manner which meets the following requirements: (1) The water well does not allow impairme…
Neb. Rev. Stat. § 46-1208 Installation of pumps and pumping equipment, defined.
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Installation of pumps and pumping equipment shall mean the procedure employed in the placement and preparation for operation of pumps and pumping equipment at the water well location, including connecting all wiring to the first control and all construction or repair involved in …
Neb. Rev. Stat. § 46-1208.01 Person, defined.
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Person shall mean any: Individual; partnership; limited liability company; association; public or private corporation; trustee; receiver; assignee; agent; municipality or other governmental subdivision; public agency; other legal entity; or any officer or governing or managing bo…
Neb. Rev. Stat. § 46-1208.02 Natural resources ground water technician, defined.
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Natural resources ground water technician means any individual employed by a natural resources district and engaged in the inspection of chemigation systems, measuring and recording static water levels, inspection and servicing of flow meters, and water sampling practices and tec…
Neb. Rev. Stat. § 46-1209 Licensed pump installation contractor, defined.
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Licensed pump installation contractor means an individual who has obtained a license from the department and who is a principal officer, director, manager, or owner-operator of any business engaged in the installation of pumps and pumping equipment or the decommissioning of water…
Neb. Rev. Stat. § 46-121 Annual meeting of water users; petition.
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Upon petition signed by ten percent of the water users of any irrigation district and lodged with the president of such district or with any other officer during the absence or disability of the president for any cause, the president or other officer of such district shall call a…
Neb. Rev. Stat. § 46-1210 Licensed pump installation supervisor, defined.
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Licensed pump installation supervisor means any individual who has obtained a license from the department and who is engaged in the installation of pumps and pumping equipment or the decommissioning of water wells. Such supervisor may have discretionary and supervisory authority …
Neb. Rev. Stat. § 46-1211 Pumps and pumping equipment, defined.
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Pumps and pumping equipment shall mean any equipment or materials utilized or intended for use in withdrawing or obtaining ground water including, but not limited to, seals, tanks, fittings, and controls.
Neb. Rev. Stat. § 46-1212 Water well, defined.
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Water well shall mean any excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed for the purpose of exploring for ground water, monitoring ground water, utilizing the geothermal properties of the ground, obtaining hydrogeologic information…
Neb. Rev. Stat. § 46-1213 Licensed water well contractor, defined.
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Licensed water well contractor means an individual who has obtained a license from the department and who is a principal officer, director, manager, or owner-operator of any business engaged in the construction or decommissioning of water wells.
Neb. Rev. Stat. § 46-1214 Licensed water well drilling supervisor, defined.
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Licensed water well drilling supervisor means any individual who has obtained a license from the department and who is engaged in the construction or decommissioning of water wells. Such supervisor may have discretionary and supervisory authority over other employees of a water w…
Neb. Rev. Stat. § 46-1214.01 Licensed water well monitoring technician, defined.
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Licensed water well monitoring technician means any individual who has obtained a license from the department and who is engaged solely in the measuring of ground water levels, the collection of ground water samples from existing water wells, or the inspection of installed water …
Neb. Rev. Stat. § 46-1215 Well repairs, defined.
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Well repairs shall mean any change, replacement, or other alteration of any water well, pump, or pumping equipment or any other activity which requires a breaking or opening of the well seal.
Neb. Rev. Stat. § 46-1216 Well seal, defined.
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Well seal shall mean an arrangement or device used to cap a water well or to establish and maintain a junction between the casing or curbing of a water well and the piping or equipment installed therein, the purpose or function of which is to prevent pollutants from entering the …
Neb. Rev. Stat. § 46-1217 Water Well Standards and Contractors' Licensing Board; created; members; qualifications.
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(1) There is hereby created a Water Well Standards and Contractors' Licensing Board. The board shall be composed of ten members, six of whom shall be appointed by the Governor as follows: (a) A licensed water well contractor representing irrigation water well contractors, (b) a l…
Neb. Rev. Stat. § 46-1218 Board; terms; vacancy.
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(1) The terms of members of the board appointed pursuant to subdivisions (1)(e) and (f) of section 46-1217 shall be extended by one year to five-year terms, and the successors to members appointed pursuant to subdivisions (1)(a) through (f) of such section shall be appointed for …
Neb. Rev. Stat. § 46-1219 Board; meetings; quorum.
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(1) Special meetings of the board shall be called upon the written request of any three members of the board. The place of all meetings shall be at the offices of the department, unless otherwise determined by the board. (2) A majority of the members of the board shall constitute…
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-122 Right to water delivery; duty of directors.
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(1) It is hereby expressly provided that all water distributed for irrigation purposes shall attach to and follow the tract of land to which it is applied unless a change of location has been approved by the board of directors pursuant to sections 46-2,127 to 46-2,129 or by the C…
Neb. Rev. Stat. § 46-1220 Board; members; compensation; expenses; administration.
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(1) Each member of the board shall, in addition to necessary traveling and lodging expenses, receive a per diem for each day actually engaged in the discharge of the duties of a member of the board, including compensation for the time spent in traveling to and from the place of c…
Neb. Rev. Stat. § 46-1221 Board; executive secretary; offices.
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The department shall designate an individual with the approval of the board to serve as executive secretary of the board, and the department shall furnish such offices and materials as may be necessary for the efficient operation of the board.
Neb. Rev. Stat. § 46-1222 Board; members; conflict of interest.
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No board member shall take any action or make any decision in the discharge of the duties of a member of the board that may constitute a conflict of interest. As soon as a member is aware of a potential conflict or should reasonably be aware of such potential conflict, whichever …
Neb. Rev. Stat. § 46-1223 Examinations; requirements; fee; hardship licensing.
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(1) Examinations for water well monitoring technicians shall be designed and adopted to examine the knowledge of the applicant regarding the minimum standards for water wells and water well pumps, the geological characteristics of the state, measuring ground water levels, and wat…
Neb. Rev. Stat. § 46-1223.01 Department; develop program.
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The department shall develop a program that is designed to train individuals to become licensed natural resources ground water technicians. Such course shall be developed by the department in consultation with the natural resources districts. Such course shall include inspection …
Neb. Rev. Stat. § 46-1224 Board; set fees; Water Well Standards and Contractors' Licensing Fund; created; use; investment.
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(1) Except as otherwise provided in subsections (3) and (4) of this section, the board shall set reasonable fees in an amount calculated to recover the costs incurred by the department and the board in administering and carrying out the purposes of the Water Well Standards and Co…
Neb. Rev. Stat. § 46-1225 License renewal; continuing competency required.
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The board shall adopt rules and regulations to establish continuing competency requirements for persons licensed under the Water Well Standards and Contractors' Practice Act. Continuing education is sufficient to meet continuing competency requirements.
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1227 Department; well and equipment standards; adopt rules and regulations.
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The department, with the approval of the board, shall adopt and promulgate uniform rules and regulations, in accordance with the rules and regulations adopted and promulgated pursuant to sections 46-602 and 81-1505, for the establishment of standards for the (1) construction of w…
Neb. Rev. Stat. § 46-1227.01 Activities subject to standards; contractor, supervisor, and technician authority; landowner rights.
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(1) All water well construction and monitoring, pump and pumping equipment installation and repair, and decommissioning shall be accomplished following the standards developed under the Water Well Standards and Contractors' Practice Act. (2) A licensed water well contractor may h…
Neb. Rev. Stat. § 46-1228 Department; access and inspection; powers.
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The department shall have (1) authority to inspect water wells constructed, water wells decommissioned, and water well locations, (2) access to water wells and accompanying pumps and pumping equipment at all reasonable times, and (3) power of inspection in regard to the construct…
Neb. Rev. Stat. § 46-1229 License required; application; qualifications; existing rules, regulations, licenses, forms of approval, suits, other proceedings; how treated.
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(1) Any person desiring to engage in the construction of water wells, the installation of pumps and pumping equipment, or the decommissioning of water wells shall make initial application for a license to the department in accordance with rules and regulations adopted and promulg…
Neb. Rev. Stat. § 46-123 Right of eminent domain in others; preserved.
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Sections 46-119 to 46-122 shall not be construed to deprive any person, persons, company or corporation entitled thereto, to exercise the right of eminent domain.
Neb. Rev. Stat. § 46-1230 Licensees; proof of insurance.
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Each applicant for an initial license as a licensed water well contractor or as a licensed pump installation contractor shall furnish proof to the department that there is in force a policy of public liability and property damage insurance issued to the applicant in an amount est…
Neb. Rev. Stat. § 46-1231 License; application; qualifications.
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Each water well drilling supervisor, pump installation supervisor, natural resources ground water technician, and water well monitoring technician shall make application for a license in his or her respective trade. A license shall be issued to every applicant who successfully pa…
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1233 Water well construction or decommissioning; equipment installation or repair; supervision required.
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(1) Any person constructing a water well, installing or repairing pumps onsite, or decommissioning a water well shall do such work in accordance with the rules and regulations developed under the Water Well Standards and Contractors' Practice Act. (2) A water well shall be constr…
Repealed. Laws 2007, LB 463, § 1319.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-1234 Exploratory wells; agreement to decommission required; failure to plug; effect.
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Any licensed water well contractor constructing a water well for any customer shall as a part of the agreement include the proper decommissioning of each water well constructed to explore for ground water pursuant to the agreement. Any failure to properly plug any such water well…