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732 sections in this chapter.
Neb. Rev. Stat. § 46-680 Completed application; public hearing; when.
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(1) After the Chief Water Officer has accepted the application made under section 46-677 as a completed application, the Chief Water Officer shall cause a notice of such application to be published at the applicant's expense at least once a week for three consecutive weeks in a l…
Neb. Rev. Stat. § 46-681 Public hearing; evidence presented.
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At the hearing provided for in section 46-680, the applicant shall present all hydrological data and other evidence supporting its application. All interested parties shall be allowed to testify and present evidence relative to the application.
Neb. Rev. Stat. § 46-682 Applicant; agreement with other water users; filing.
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The applicant may negotiate with any user of water in order to obtain an agreement whereby the user waives any cause of action against the applicant for damages or injunctive or other relief for interference with such water use, in exchange for financial payment, substitute water…
Neb. Rev. Stat. § 46-683 Permit; issuance; consideration; conditions.
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(1) The Chief Water Officer shall issue a written order containing specific findings of fact either granting or denying a permit. The Chief Water Officer shall grant a permit only if he or she finds that the applicant's withdrawal and any transfer of ground water are in the publi…
Neb. Rev. Stat. § 46-683.01 Permit; application to amend; procedures; limitation.
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If during construction or operation a permitholder determines (1) that an additional amount of water is or will be required for the proposed use set forth in a permit issued pursuant to section 46-683 or (2) that there is a need to amend any condition set forth in the permit, the…
Neb. Rev. Stat. § 46-684 Permit; revocation; procedure; violation of terms of permit; Chief Water Officer; powers and duties.
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(1) A permit granted pursuant to section 46-683 shall be revoked, following a hearing conducted in the same manner as hearings conducted pursuant to section 46-680, if the Chief Water Officer determines that the permitholder has failed to exercise the right to withdraw ground wat…
Neb. Rev. Stat. § 46-685 Order or decision; appeal by affected person.
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Any affected person aggrieved by any order issued or final decision made by the Chief Water Officer pursuant to the Industrial Ground Water Regulatory Act may appeal the order to the Court of Appeals. For purposes of this section, affected person means the applicant for a permit …
Neb. Rev. Stat. § 46-686 Injured person; remedies available.
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Any owner of an estate or interest in or concerning land or water, except a person who has signed an agreement filed with the Chief Water Officer pursuant to section 46-682, may bring an action for damages or injunctive or other relief for any injury done to his or her land or wa…
Neb. Rev. Stat. § 46-686.01 Withdrawal and transfer of less than 150 acre-feet; injured person; hearing; civil action; appeal; attorney's fees.
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The Chief Water Officer shall have jurisdiction over any ground water withdrawal and transfer made under section 46-678.01. Any person using ground water at the time a notice to transfer is filed under such section whose wells thereafter suffer an unanticipated decline in ground …
Neb. Rev. Stat. § 46-687 Violation; penalty.
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Any person who withdraws or transfers ground water in violation of the Industrial Ground Water Regulatory Act shall be guilty of a Class IV misdemeanor. Each day shall constitute a separate offense in cases of continued violation.
Neb. Rev. Stat. § 46-688 Rules and regulations.
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The Chief Water Officer may adopt and promulgate all rules and regulations necessary or desirable to secure compliance with the Industrial Ground Water Regulatory Act. The Chief Water Officer shall by regulation specify the contents and scope of the hydrologic evaluation required…
Neb. Rev. Stat. § 46-689 Permitholder; subject to control area regulations.
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Nothing in the Industrial Ground Water Regulatory Act shall be construed to exempt the holder of a permit issued pursuant to section 46-683 from any regulations adopted by a natural resources district pursuant to the Nebraska Ground Water Management and Protection Act for a contr…
Neb. Rev. Stat. § 46-690 Act, how cited.
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Sections 46-675 to 46-690 shall be known and may be cited as the Industrial Ground Water Regulatory Act.
Neb. Rev. Stat. § 46-691 Transfer off overlying land; when allowed; objection; procedure; natural resources district; powers and duties; Chief Water Officer; duties.
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(1) Any person who withdraws ground water for agricultural purposes, or for any purpose pursuant to a ground water remediation plan as required under the Environmental Protection Act, including the providing of water for domestic purposes, from aquifers located within the State o…
Neb. Rev. Stat. § 46-691.01 Transfer off overlying land for domestic use; limitations; liability.
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Any person other than a public water supplier as defined in section 46-638 may transfer ground water off the overlying land for the purpose of domestic use of ground water required for human needs as it relates to health, fire control, and sanitation if (1) the location and use o…
Neb. Rev. Stat. § 46-691.02 Transfer off overlying land for domestic use; applicability of section.
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Section 46-691.01 applies to all such transfers and uses of ground water before, on, and after September 1, 2001.
Neb. Rev. Stat. § 46-691.03 Transfer off overlying land for environmental or recreational benefits; when allowed; application; fee; natural resources district; powers and duties.
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(1) Any person intending to withdraw ground water from any water well located in the State of Nebraska, transport that water off the overlying land, and use it to augment water supplies in any Nebraska wetland or natural stream for the purpose of benefiting fish or wildlife or pr…
Neb. Rev. Stat. § 46-701 Act, how cited.
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Sections 46-701 to 46-756 shall be known and may be cited as the Nebraska Ground Water Management and Protection Act.
Neb. Rev. Stat. § 46-702 Declaration of intent and purpose; legislative findings.
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The Legislature finds that ownership of water is held by the state for the benefit of its citizens, that ground water is one of the most valuable natural resources in the state, and that an adequate supply of ground water is essential to the general welfare of the citizens of thi…
Neb. Rev. Stat. § 46-703 Legislative findings.
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The Legislature further finds: (1) The management, conservation, and beneficial use of hydrologically connected ground water and surface water are essential to the continued economic prosperity and well-being of the state, including the present and future development of agricultu…
Neb. Rev. Stat. § 46-704 Management area; legislative findings.
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The Legislature also finds that: (1) The levels of nitrate nitrogen and other contaminants in ground water in certain areas of the state are increasing; (2) Long-term solutions should be implemented and efforts should be made to prevent the levels of ground water contaminants fro…
Neb. Rev. Stat. § 46-705 Act; how construed.
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Nothing in the Nebraska Ground Water Management and Protection Act shall be construed to limit the powers of the department provided in the Nebraska Safe Drinking Water Act. Nothing in the Nebraska Ground Water Management and Protection Act relating to the contamination of ground…
Neb. Rev. Stat. § 46-706 Terms, defined.
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For purposes of the Municipal and Rural Domestic Ground Water Transfers Permit Act, the Nebraska Ground Water Management and Protection Act, and sections 46-601 to 46-613.02, 46-636, 46-637, and 46-651 to 46-655, unless the context otherwise requires: (1) Person means a natural p…
Neb. Rev. Stat. § 46-707 Natural resources district; powers; enumerated; fee.
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(1) Regardless of whether or not any portion of a district has been designated as a management area, in order to administer and enforce the Nebraska Ground Water Management and Protection Act and to effectuate the policy of the state to conserve ground water resources, a district…
Neb. Rev. Stat. § 46-708 Action to control or prevent runoff of water; natural resources district; rules and regulations; power to issue cease and desist orders; notice; hearing.
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(1) In order to conserve ground water supplies and to prevent the inefficient or improper runoff of such ground water, each person who uses ground water irrigation in the state shall take action to control or prevent the runoff of water used in such irrigation. (2) Each district …
Neb. Rev. Stat. § 46-709 Ground water management plan; required; contents.
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Each district shall maintain a ground water management plan based upon the best available information and shall submit amendments to such plan to the Chief Water Officer for review and approval. The plan shall include, but not be limited to, the identification to the extent possi…
Neb. Rev. Stat. § 46-710 Ground water management plan preparation or modification; district; solicit and utilize information.
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During preparation or modification of a ground water management plan, the district shall actively solicit public comments and opinions and shall utilize and draw upon existing research, data, studies, or any other information which has been compiled by or is in the possession of …
Neb. Rev. Stat. § 46-711 Ground water management plan; Chief Water Officer; review; duties.
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(1) The Chief Water Officer shall review any ground water management plan or plan modification submitted by a district to ensure that the best available studies, data, and information, whether previously existing or newly initiated, were utilized and considered and that such plan…
Neb. Rev. Stat. § 46-712 Management area; establishment; when; hearing; notice; procedure; district; powers and duties.
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(1) A natural resources district may establish a ground water management area in accordance with this section to accomplish any one or more of the following objectives: (a) Protection of ground water quantity; (b) protection of ground water quality; or (c) prevention or resolutio…
Neb. Rev. Stat. § 46-713 Chief Water Officer; hydrologically connected water supplies; evaluation; report; determinations; reevaluation; hearing; notice.
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(1)(a) By January 1 of each year beginning in 2006 and except as otherwise provided in this section and section 46-720, the Chief Water Officer shall complete an evaluation of the expected long-term availability of hydrologically connected water supplies for both existing and new…
Neb. Rev. Stat. § 46-714 River basin, subbasin, or reach; stay on new appropriations; notifications required; hearing; natural resources district; duties; status change; Chief Water Officer; natural resources district; duties.
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(1) Whenever the Chief Water Officer makes a preliminary determination that a river basin, subbasin, or reach not previously designated as overappropriated and not previously determined to be fully appropriated has become fully appropriated, the Chief Water Officer shall place an…
Neb. Rev. Stat. § 46-715 River basin, subbasin, or reach; integrated management plan; considerations; contents; amendment; technical analysis; forecast of water available from streamflow.
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(1)(a) Whenever the Chief Water Officer has designated a river basin, subbasin, or reach as overappropriated or has made a final determination that a river basin, subbasin, or reach is fully appropriated, the natural resources districts encompassing such river basin, subbasin, or…
Neb. Rev. Stat. § 46-716 Integrated management plan; surface water controls.
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(1) The surface water controls that may be included in an integrated management plan and may be adopted by the Chief Water Officer are: (a) Increased monitoring and enforcement of surface water diversion rates and amounts diverted annually; (b) the prohibition or limitation of ad…
Neb. Rev. Stat. § 46-717 Integrated management plan; scientific data and other information; Chief Water Officer; natural resources district; duties.
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(1) In developing an integrated management plan, the Chief Water Officer and the affected natural resources districts shall utilize the best scientific data and other information available and shall review and consider any rules and regulations in effect in any existing ground wa…
Neb. Rev. Stat. § 46-718 Integrated management plan; hearings; implementation order; dispute; procedure.
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(1) If the Chief Water Officer and the affected natural resources districts preparing an integrated management plan reach agreement on (a) the proposed goals and objectives of the plan for the affected river basin, subbasin, or reach, (b) the proposed geographic area to be subjec…
Neb. Rev. Stat. § 46-719 Interrelated Water Review Board; created; members; powers and duties.
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(1)(a) The Interrelated Water Review Board is created for the purposes stated in subsections (2) through (5) of this section. The board shall consist of five members. The board, when appointed and convened, shall continue in existence only until it has resolved a dispute referred…
Neb. Rev. Stat. § 46-720 Proceedings under prior law; transitional provisions.
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(1) The Legislature finds that, prior to July 16, 2004, actions were taken by the Department of Natural Resources as it existed prior to July 1, 2025, and by one or more natural resources districts pursuant to section 46-656.28, as such section existed immediately prior to July 1…
Neb. Rev. Stat. § 46-721 Contamination; reports required.
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Each state agency and political subdivision shall promptly report to the department any information which indicates that contamination is occurring.
Neb. Rev. Stat. § 46-722 Contamination; department; conduct study; when; report.
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If, as a result of information provided pursuant to section 46-721 or studies conducted by or otherwise available to the department and following preliminary investigation, the Director of Water, Energy, and Environment makes a preliminary determination (1) that there is reason t…
Neb. Rev. Stat. § 46-723 Contamination; point source; Director of Water, Energy, and Environment; duties.
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If the Director of Water, Energy, and Environment determines from the study conducted pursuant to section 46-722 that one or more sources of contamination are point sources, he or she shall expeditiously use the procedures authorized in the Environmental Protection Act to stabili…
Neb. Rev. Stat. § 46-724 Contamination; not point source; Director of Water, Energy, and Environment; duties; hearing; notice.
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If the Director of Water, Energy, and Environment determines from the study conducted pursuant to section 46-722 that one or more sources of contamination are not point sources and if a management area, a purpose of which is protection of water quality, has been established which…
Neb. Rev. Stat. § 46-725 Management area; designation or modification of boundaries; adoption of action plan; considerations; procedures; order.
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(1) When determining whether to designate or modify the boundaries of a management area or to require a district which has established a management area, a purpose of which is protection of water quality, to adopt an action plan for the affected area, the Director of Water, Energ…
Neb. Rev. Stat. § 46-726 Management area; contamination; action plan; preparation by district; when; hearing; notice; publication.
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(1) Within one hundred eighty days after the designation of a management area or the requiring of an action plan for a management area, a purpose of which is protection of water quality, the district or districts within whose boundaries the area is located shall prepare an action…
Neb. Rev. Stat. § 46-727 Management area; contamination; action plan; contents.
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An action plan filed by a district pursuant to section 46-726 shall include the specifics of an educational program to be instituted by the district to inform persons of methods available to stabilize or reduce the level or prevent the increase or spread of ground water contamina…
Neb. Rev. Stat. § 46-728 Management area; contamination; adoption or amendment of action plan; considerations; procedures.
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(1) In adopting or amending an action plan authorized by subsection (2) of this section, the district's considerations shall include, but not be limited to, whether it reasonably appears that such action will mitigate or eliminate the condition which led to designation of the man…
Neb. Rev. Stat. § 46-729 Management area; contamination; action plan; district publish order adopted.
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Following approval of the action plan by the Director of Water, Energy, and Environment, the district shall cause a copy of the order adopted pursuant to section 46-728 to be published in the manner provided in section 46-744.
Neb. Rev. Stat. § 46-730 Management area; action plan; district; duties.
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Each district in which a management area has been designated or an action plan for a management area has been required pursuant to section 46-725 shall, in cooperation with the department, establish a program to monitor the quality of the ground water in the area and shall if app…
Neb. Rev. Stat. § 46-731 Management area; action plan; Director of Water, Energy, and Environment specify controls; when; powers and duties; hearing.
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(1) The power to specify controls authorized by section 46-739 shall vest in the Director of Water, Energy, and Environment if (a) at the end of one hundred eighty days following the designation of a management area or the requiring of an action plan for a management area pursuan…
Neb. Rev. Stat. § 46-732 Action plan; controls; duration; amendment of plan.
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The controls in the action plan approved by the Director of Water, Energy, and Environment pursuant to section 46-728 shall be exercised by the district for the period of time necessary to stabilize or reduce the level of contamination and prevent the increase or spread of ground…
Neb. Rev. Stat. § 46-733 Removal of designation management area or requirement of action plan; modification of boundaries; when.
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A district may petition the Director of Water, Energy, and Environment to remove the director's designation of the area as a management area or the requirement of an action plan for a management area or to modify the boundaries of a management area designated pursuant to section …