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732 sections in this chapter.
Neb. Rev. Stat. § 46-734 Contamination; Environmental Quality Council; adopt rules and regulations.
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The Environmental Quality Council shall adopt and promulgate, in accordance with the Administrative Procedure Act, such rules and regulations as are necessary to the discharge of duties under sections 46-721 to 46-733.
Neb. Rev. Stat. § 46-735 Construct water well in a management area; permit required; application; form; fee; contents; late permit application; fee.
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(1) Any person who intends to construct a water well in a management area in this state on land which he or she owns or controls shall, before commencing construction, apply with the district in which the water well will be located for a permit on forms provided by the district, …
Neb. Rev. Stat. § 46-736 Permit; when denied; corrections allowed; fees nonrefundable.
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An application for a permit or late permit for a water well in a management area shall be denied only if the district in which the water well is to be located finds (1) that the location or operation of the proposed water well or other work would conflict with any regulations or …
Neb. Rev. Stat. § 46-737 Issuance of permit; no right to violate rules, regulations, or controls.
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The issuance by the district of a permit pursuant to section 46-736 or registration of a water well by the department pursuant to section 46-602 shall not vest in any person the right to violate any district rule, regulation, or control in effect on the date of issuance of the pe…
Neb. Rev. Stat. § 46-738 Issuance of permit; commence construction and complete water well within one year; failure; effect.
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When any permit is approved pursuant to section 46-736, the applicant shall commence construction as soon as possible after the date of approval and shall complete the construction and equip the water well prior to the date specified in the conditions of approval, which date shal…
Neb. Rev. Stat. § 46-739 Management area; controls authorized; procedure.
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(1) A district in which a management area has been designated shall by order adopt one or more of the following controls for the management area: (a) It may allocate the amount of ground water that may be withdrawn by ground water users; (b) It may adopt a system of rotation for …
Neb. Rev. Stat. § 46-739.01 District; approval of certain transfers or program participation; report of title required; form; written consent of lienholder; rights of lienholder.
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(1) Notwithstanding any other provision of law, no district shall approve a transfer of certified water uses or certified irrigated acres or allow a ground water user or landowner to participate in a financial or other incentive program established pursuant to subsection (8) of s…
Neb. Rev. Stat. § 46-739.02 Transfer of right to use ground water; recording; recovery of cost; manner.
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An instrument of transfer of the right to use ground water shall be recorded by a natural resources district with the register of deeds in each county in which is situated the real estate, or any part thereof, from which a transfer of certified water uses or certified irrigated a…
Neb. Rev. Stat. § 46-739.03 Natural resources district determination; effect.
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The determination of certified water uses or certified irrigated acres by a natural resources district shall not affect the allocations of ground water established under section 46-740.
Neb. Rev. Stat. § 46-740 Ground water allocation; limitations and conditions.
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(1) If allocation is adopted for use of ground water for irrigation purposes in a management area, the permissible withdrawal of ground water shall be allocated equally per irrigated acre except as permitted by subsections (4) through (6) of section 46-739. Such allocation shall …
Neb. Rev. Stat. § 46-741 District; review controls.
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A district may review any allocation, rotation, or reduction control imposed in a management area and shall adjust allocations, rotations, or reductions to accommodate new or additional uses or otherwise reflect findings of such review, consistent with the ground water management…
Neb. Rev. Stat. § 46-742 Transport of ground water; prohibited; when.
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(1) Whenever the drilling of new wells has been stayed pursuant to section 46-714, ground water withdrawn outside the affected area shall not be transported for use inside such area unless (a) such withdrawal and transport began before the stay took effect, (b) the water is used …
Neb. Rev. Stat. § 46-743 Public hearing; requirements.
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Any public hearing required under the Nebraska Ground Water Management and Protection Act shall comply with the following requirements: (1) The hearing shall be located within or in reasonable proximity to the area proposed for designation as a management area or affected by the …
Neb. Rev. Stat. § 46-744 Order; publication; effective; when.
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Any order adopted pursuant to section 46-712, 46-718, 46-719, 46-725, or 46-726 shall be published once each week for three consecutive weeks in a local newspaper published or of general circulation in the area involved, the last publication of which shall be not less than seven …
Neb. Rev. Stat. § 46-745 Natural resources district; cease and desist order; violation; penalty; Attorney General; duties; Department of Justice Natural Resources Enforcement Fund; created; use; investment.
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(1) Any person who violates a cease and desist order issued by a district pursuant to section 46-707 shall be subject to a civil penalty of not less than one thousand dollars and not more than five thousand dollars for each day an intentional violation occurs. In assessing the am…
Neb. Rev. Stat. § 46-746 Violations; civil penalty.
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(1) Any person who violates any cease and desist order issued by a district pursuant to section 46-707 or any controls, rules, or regulations adopted by a natural resources district relating to a management area shall be subject to the imposition of penalties imposed through the …
Neb. Rev. Stat. § 46-747 Hearings; subject to review.
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All hearings conducted pursuant to the Nebraska Ground Water Management and Protection Act shall be of record and available for review.
Neb. Rev. Stat. § 46-748 Rules and regulations.
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The Chief Water Officer shall adopt and promulgate, in accordance with the Administrative Procedure Act, such rules and regulations as are necessary to the discharge of duties assigned to the Chief Water Officer by the Nebraska Ground Water Management and Protection Act.
Neb. Rev. Stat. § 46-749 Administration of act; compliance with other laws.
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In the administration of the Nebraska Ground Water Management and Protection Act, all actions of the Director of Water, Energy, and Environment, the Chief Water Officer, and the districts shall be consistent with the provisions of section 46-613.
Neb. Rev. Stat. § 46-750 Appeal; procedure.
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Any person aggrieved by any order of the district, the Chief Water Officer, or the Director of Water, Energy, and Environment issued pursuant to the Nebraska Ground Water Management and Protection Act may appeal the order. The appeal shall be in accordance with the Administrative…
Neb. Rev. Stat. § 46-751 Ground Water Management Fund; created; use; investment.
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All fees paid to the Chief Water Officer pursuant to the Nebraska Ground Water Management and Protection Act shall be remitted to the State Treasurer for credit to the Ground Water Management Fund which is hereby created and which shall be administered by the Chief Water Officer.…
Neb. Rev. Stat. § 46-753 Water Resources Trust Fund; created; use; investment; matching funds required; when.
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(1) The Water Resources Trust Fund is created. The State Treasurer shall credit to the fund such money as is specifically appropriated thereto by the Legislature, transfers authorized by the Legislature, and such funds, fees, donations, gifts, or bequests received by the departme…
Neb. Rev. Stat. § 46-754 Interrelated Water Management Plan Program; created; grants; commission; duties; use.
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The Interrelated Water Management Plan Program is created for the purpose of facilitating and funding the duties of districts arising under the Nebraska Ground Water Management and Protection Act. The program shall function as a grant program administered by the Nebraska Natural …
Neb. Rev. Stat. § 46-755 Basin-wide plan; development and adoption; extension; stated goals and objectives; plan contents; Chief Water Officer and natural resources districts; duties; public meeting; report; public hearing.
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This section shall apply notwithstanding any other provision of the Nebraska Ground Water Management and Protection Act. (1) If a river basin as described in subdivision (2)(a) of section 2-1504 includes three or more natural resources districts that, pursuant to subdivision (1)(…
Neb. Rev. Stat. § 46-756 Ground water augmentation project; public hearing; notice.
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On and after April 17, 2014, a board shall not vote to enter into a ground water augmentation project without conducting a public hearing on the project, with notice of the hearing given as provided in section 46-743.
Neb. Rev. Stat. § 46-801 Natural lakes; drainage; diversion; application.
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No person shall drain, lower, or in any manner reduce or divert the water supply of any natural or perennial lake, if the area exceeds twenty acres at low water stage or if the lake is of such depth and character as to have more economic importance for aquaculture, hunting, or ot…
Neb. Rev. Stat. § 46-802 Application; recording; investigation.
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On the receipt of such application in the form prescribed by the Chief Water Officer, the Chief Water Officer shall cause the same to be recorded in the Chief Water Officer's office. The Chief Water Officer shall make a careful examination to ascertain whether it sets forth all t…
Neb. Rev. Stat. § 46-803 Application; approval; when authorized.
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If the proposed work of drainage or diversion will not result in injury or damage to any person and will not be otherwise detrimental to the public welfare but will result in economic benefit to the state, the Chief Water Officer shall approve the same by endorsement thereon. The…
Neb. Rev. Stat. § 46-804 Application; rejection; when authorized.
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If it appears to the Chief Water Officer that the proposed works of drainage or diversion will result in injury or damage to any person or will be detrimental to the public welfare and not result in economic benefit to the state, the Chief Water Officer shall refuse to approve th…
Neb. Rev. Stat. § 46-805 Appeal; procedure.
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An applicant, feeling himself or herself aggrieved by the endorsement made upon his or her application, may take an appeal therefrom to the district court of the county in which the proposed works may be situated. Such appeal shall otherwise be governed by the Administrative Proc…
Neb. Rev. Stat. § 46-806 Sections; when inapplicable.
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In the event that the ownership of all the land used for drainage construction and of all the land forming the shoreline and the bed of said lake or lakes is vested in the person performing said work of drainage or diversion, the provisions of sections 46-801 to 46-807 do not app…
Neb. Rev. Stat. § 46-807 Violations; penalty.
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Any person violating the provisions of sections 46-801 to 46-807 shall be guilty of a Class II misdemeanor.