Chapter 46 — IRRIGATION AND REGULATION OF WATER
861 sections in this chapter.
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 …
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.…
Repealed. Laws 2020, LB1009, § 8.
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[Repealed or reserved.]
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…