Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
Transferred to section 46-656.03.
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[Repealed or reserved.]
Transferred to section 46-656.35.
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[Repealed or reserved.]
Transferred to section 46-656.36.
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[Repealed or reserved.]
Transferred to section 46-656.37.
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[Repealed or reserved.]
Transferred to section 46-656.38.
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[Repealed or reserved.]
Transferred to section 46-656.39.
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[Repealed or reserved.]
Transferred to section 46-656.40.
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[Repealed or reserved.]
Transferred to section 46-656.41.
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[Repealed or reserved.]
Transferred to section 46-656.42.
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[Repealed or reserved.]
Transferred to section 46-656.43.
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[Repealed or reserved.]
Transferred to section 46-656.45.
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[Repealed or reserved.]
Transferred to section 46-656.46.
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[Repealed or reserved.]
Transferred to section 46-656.47.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 108, § 80.
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[Repealed or reserved.]
Transferred to section 46-656.48.
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[Repealed or reserved.]
Transferred to section 46-656.63.
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[Repealed or reserved.]
Transferred to section 46-656.44.
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[Repealed or reserved.]
Repealed. Laws 1996, LB 108, § 80; Laws 1996, LB 1114, § 75.
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[Repealed or reserved.]
Transferred to section 46-656.04.
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[Repealed or reserved.]
Neb. Rev. Stat. § 46-675 Legislative findings and declarations.
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The Legislature finds and declares that a permit system is necessary to protect Nebraska's ground and surface water resources and existing water users in situations where industrial users withdraw significant quantities of ground water from the aquifers of the state and in situat…
Neb. Rev. Stat. § 46-676 Definitions, where found.
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For purposes of the Industrial Ground Water Regulatory Act, the definitions found in section 46-706 are used.
Neb. Rev. Stat. § 46-676.01 Applicability of act.
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The Industrial Ground Water Regulatory Act does not apply to any public water supplier providing, or intending to provide, ground water for industrial purposes nor does the act apply to any person who is using, or intends to use, ground water for industrial purposes that is suppl…
Neb. Rev. Stat. § 46-677 Withdrawal of ground water for industrial purposes; permit required; when.
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(1) Except as provided in sections 46-676.01 and 46-678.01: (a) Any person who desires to withdraw and transfer ground water from aquifers located within the State of Nebraska for industrial purposes shall, prior to commencing construction of any water wells, obtain from the Chie…
Neb. Rev. Stat. § 46-678 Permit; application; contents.
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(1) Applications for permits required by section 46-677 shall be on forms provided by the Chief Water Officer and shall contain: (a) A statement of the amount of ground water which the applicant proposes to use; (b) A statement of the proposed use and whether the ground water wil…
Neb. Rev. Stat. § 46-678.01 Withdrawal and transfer of less than 150 acre-feet; notice; metering.
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Any person who desires to withdraw and transfer a total of less than one hundred fifty acre-feet of ground water per year from aquifers located in the State of Nebraska for industrial purposes to other property within the state which is owned or leased by such person shall provid…
Neb. Rev. Stat. § 46-679 Application; Chief Water Officer; determination as to completeness.
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Within thirty days of the receipt of an application made under section 46-677, the Chief Water Officer shall accept the application as a completed application or return the application to the applicant as an incomplete application. If the application is deemed to be incomplete, t…
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…
Repealed. Laws 2011, LB 1, § 1.
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[Repealed or reserved.]
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…