Chapter 61 — NATURAL RESOURCES
64 sections in this chapter.
Transferred to section 25-21,270.
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[Repealed or reserved.]
Transferred to section 25-21,271.
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[Repealed or reserved.]
Transferred to section 25-21,272.
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[Repealed or reserved.]
Transferred to section 25-21,273.
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[Repealed or reserved.]
Transferred to section 23-1313.
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[Repealed or reserved.]
Neb. Rev. Stat. § 61-201 Chief Water Officer of the Department of Water, Energy, and Environment; qualifications; Division of Water; duties; Chief Water Officer; appointment; duties; oath.
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The Chief Water Officer of the Department of Water, Energy, and Environment shall be qualified by training and business experience to manage and supervise the Division of Water of the Department of Water, Energy, and Environment. The Division of Water of the Department of Water, …
Neb. Rev. Stat. § 61-202 Department of Water, Energy, and Environment; employment of personnel.
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The Department of Water, Energy, and Environment may employ such personnel, including legal and technical advisors, as necessary to carry out the duties required of the department, including the duties required of the Chief Water Officer.
Neb. Rev. Stat. § 61-203 Chief Water Officer; seal; certified copies of records; admissibility as evidence.
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The Chief Water Officer shall adopt a seal. Copies of all records or other instruments related to the duties of the Chief Water Officer in the Department of Water, Energy, and Environment when certified by the Chief Water Officer as true copies and bearing the seal thereof shall …
Neb. Rev. Stat. § 61-204 Rules and regulations.
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(1) The Chief Water Officer of the Department of Water, Energy, and Environment may adopt and promulgate rules and regulations to carry out the duties of the Chief Water Officer except to the extent such power is statutorily granted to the Nebraska Natural Resources Commission. T…
Neb. Rev. Stat. § 61-205 Chief Water Officer; powers and duties.
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The Chief Water Officer of the Department of Water, Energy, and Environment shall exercise the powers and perform the duties assigned to the Department of Natural Resources prior to July 1, 2025, except those duties assigned to the Director of the Department of Water, Energy, and…
Neb. Rev. Stat. § 61-206 Chief Water Officer; jurisdiction; rules and regulations; hearings; orders; powers and duties.
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(1) The Chief Water Officer is given jurisdiction over all matters pertaining to water rights for irrigation, power, or other useful purposes except as such jurisdiction is specifically limited by statute. The Chief Water Officer may adopt and promulgate rules and regulations gov…
Neb. Rev. Stat. § 61-207 Chief Water Officer; decisions; appeal; time; procedure.
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If any county, party, or parties interested in irrigation or water power work affected thereby are dissatisfied with the decision or with any order adopted by the Chief Water Officer, such dissatisfied county, party, or parties may appeal to the Court of Appeals to reverse, vacat…
Neb. Rev. Stat. § 61-208 Chief Water Officer; survey of streams.
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The Chief Water Officer may make surveys of streams showing location of possible water power developments and irrigation projects.
Neb. Rev. Stat. § 61-209 Chief Water Officer; water data collection; fee.
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The Chief Water Officer may conduct special projects for water data collection on behalf of other state agencies, political subdivisions, or federal agencies. Such data shall be public information. The Chief Water Officer may charge a fee to cover in whole or in part the costs of…
Neb. Rev. Stat. § 61-210 Department of Water, Energy, and Environment Cash Fund; created; use; investment.
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The Department of Water, Energy, and Environment Cash Fund is created. The State Treasurer shall credit to such fund such money as is specifically appropriated or reappropriated by the Legislature. The State Treasurer shall also credit such fund with payments, if any, accepted fo…
Neb. Rev. Stat. § 61-211 Chief Water Officer; measuring devices; gauge height reports; requirements; violation; penalty.
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The Chief Water Officer may direct managers or operators of interstate ditches to construct and maintain suitable measuring devices at or near the state line in Nebraska. A manager or operator shall within thirty days after receipt of notice from the Chief Water Officer construct…
Neb. Rev. Stat. § 61-212 Water divisions; denomination.
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The State of Nebraska is hereby divided into two water divisions, denominated water division No. 1 and water division No. 2, respectively.
Neb. Rev. Stat. § 61-213 Water division No. 1; boundaries.
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Water division No. 1 shall consist of (1) all the lands of the state drained by the Platte Rivers and their tributaries lying west of the mouth of the Loup River and (2) all other lands lying south of the Platte and South Platte Rivers that may be watered from other superficial o…
Neb. Rev. Stat. § 61-214 Water division No. 2; boundaries.
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Water division No. 2 shall consist of (1) all lands that may be watered from the Loup, White, Niobrara, and Elkhorn Rivers and their tributaries and (2) all other lands of the state not included in any other water division.
Neb. Rev. Stat. § 61-215 Water divisions; division supervisors.
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There shall be one or more division supervisors acting for the Chief Water Officer to administer the public water of the state in water division No. 1 and water division No. 2, as created by section 61-212. Such a division supervisor, acting for the Chief Water Officer, shall hav…
Neb. Rev. Stat. § 61-216 Water divisions; division supervisors; duties.
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The division supervisor or supervisors shall, under the direction of the Chief Water Officer, see that the laws relative to the distribution of water are executed in accordance with the rights of priority of appropriation.
Repealed. Laws 2010, LB 682, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 61-218 Water Resources Cash Fund; created; use; investment; eligibility for funding; Nebraska Environmental Trust Fund; grant application; use of funds; legislative intent; department; establish subaccount.
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(1) The Water Resources Cash Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and th…
Neb. Rev. Stat. § 61-219 Riparian vegetation management; grants; application; procedure.
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(1) For purposes of this section: (a) Eligible purpose means: (i) The removal of riparian vegetation as part of a vegetation management program, if such vegetation management program is being conducted for the primary objective of improving the conveyance of streamflow in natural…
Repealed. Laws 2016, LB665, § 1.
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[Repealed or reserved.]
Repealed. Laws 2016, LB665, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 61-222 Water Sustainability Fund; created; use; investment.
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The Water Sustainability Fund is created in the Department of Water, Energy, and Environment. The fund shall be used in accordance with the provisions established in sections 2-1506 to 2-1513 and for costs directly related to the administration of the fund. The Legislature shall …
Neb. Rev. Stat. § 61-223 Water Sustainability Fund; legislative intent.
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The Legislature finds that water sustainability programs, projects, and activities are complex, multiyear endeavors that require a stable source of state funding support in order for the required matching funds to be secured and for projects to be completed in a timely and succes…
Neb. Rev. Stat. § 61-224 Critical Infrastructure Facilities Cash Fund; created; use; investment.
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There is hereby created the Critical Infrastructure Facilities Cash Fund in the Department of Water, Energy, and Environment. The fund shall consist of funds appropriated or transferred by the Legislature. The fund shall be used by the Department of Water, Energy, and Environment…
Neb. Rev. Stat. § 61-225 State flood mitigation plan; legislative findings.
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The Legislature finds and declares that the State of Nebraska experienced a historic flood event in 2019. This flood event significantly impacted numerous communities and individual Nebraskans. Coordination and communication between state and local entities implementing flood mit…
Neb. Rev. Stat. § 61-226 State flood mitigation plan; scope.
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The Department of Water, Energy, and Environment shall develop a state flood mitigation plan as a stand-alone document to be annexed into the state hazard mitigation plan maintained by the Nebraska Emergency Management Agency. Such plan shall be structured in accordance with Fede…
Neb. Rev. Stat. § 61-227 State flood mitigation plan; plan development group; engage federal, state, and local agencies and other sources.
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The Department of Water, Energy, and Environment shall convene a plan development group which shall be housed and staffed for administrative purposes within such department. The Department of Water, Energy, and Environment shall engage with federal, state, and local agency and co…
Neb. Rev. Stat. § 61-228 State flood mitigation plan; department; duties.
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The Department of Water, Energy, and Environment shall: (1) Evaluate the flood issues that occurred in 2019, and identify cost-effective flood mitigation strategies that should be adopted to reduce the disruption of lives and livelihoods and prioritize making Nebraska communities…
Neb. Rev. Stat. § 61-229 State flood mitigation plan; report.
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The state flood mitigation plan shall be completed and reported to the Governor and electronically to the Legislature on or before July 1, 2022.
Neb. Rev. Stat. § 61-301 Act, how cited.
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Sections 61-301 to 61-304 shall be known and may be cited as the Perkins County Canal Project Act.
Neb. Rev. Stat. § 61-302 Legislative findings and declarations.
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(1) The Legislature finds that it is essential to the economic prosperity, health, and welfare of the people of the State of Nebraska, and to the environmental health of the entire Platte River Basin, to protect Nebraska's full entitlement to the flows of the South Platte River a…
Neb. Rev. Stat. § 61-303 Department of Water, Energy, and Environment; powers and duties; entry upon property; damages.
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(1) The Department of Water, Energy, and Environment shall have the necessary authority to develop, construct, manage, and operate the Perkins County Canal Project consistent with the terms of the South Platte River Compact and pursuant to the Perkins County Canal Project Act. Th…
Neb. Rev. Stat. § 61-304 Conflict of interest, prohibited.
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(1) An individual listed in subsection (2) of this section or his or her immediate family member shall not, directly or indirectly, hold a financial interest in any entity which is party to a contract or have a financial interest in the ownership or lease of any property relating…
Neb. Rev. Stat. § 61-305 Perkins County Canal Project Fund; created; use; investment; study; required.
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(1) The Perkins County Canal Project Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. The State Treasurer shall credit to the fund any money transferred by the Legislature and such grants, loans, donations, gifts, bequests, or o…
Neb. Rev. Stat. § 61-401 Act, how cited.
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Sections 61-401 to 61-405 shall be known and may be cited as the Jobs and Economic Development Initiative Act and may also be referred to as the JEDI Act.
Neb. Rev. Stat. § 61-402 Legislative findings and declarations.
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The Legislature finds and declares as follows: (1) The future vibrancy of the people, communities, and businesses of Nebraska depends on reliable sources of water; (2) While it is in the state's best interest to retain control over its water supplies, much of the state's water re…
Neb. Rev. Stat. § 61-403 Department of Water, Energy, and Environment; powers and duties; legislative intent; contract proposals; selection of land; conflict-of-interest provisions.
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(1) The Department of Water, Energy, and Environment is granted all power necessary to carry out the purposes of the Jobs and Economic Development Initiative Act, including, but not limited to, the power to: (a) Purchase, sell, or lease land; (b) Enter into contracts, including, …
Neb. Rev. Stat. § 61-404 Annexation prohibited.
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Notwithstanding any other provision of law, no land within the Lake Development District, as designated by the Department of Water, Energy, and Environment pursuant to section 61-403, shall be annexed.
Neb. Rev. Stat. § 61-405 Jobs and Economic Development Initiative Fund; created; use; investment; studies required.
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(1) The Jobs and Economic Development Initiative Fund is created. The fund shall be administered by the Department of Water, Energy, and Environment. The State Treasurer shall credit to the fund any money transferred to the fund by the Legislature and such donations, gifts, beque…
Neb. Rev. Stat. § 61-501 Act, how cited.
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Sections 61-501 to 61-520 shall be known and may be cited as the Public Water and Natural Resources Project Contracting Act.
Neb. Rev. Stat. § 61-502 Terms, defined.
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For purposes of the Public Water and Natural Resources Project Contracting Act: (1) Alternative technical concept means changes suggested by a qualified, eligible, short-listed design-builder to the department's basic configurations, project scope, design, or construction criteri…
Neb. Rev. Stat. § 61-503 Purpose of act.
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The purpose of the Public Water and Natural Resources Project Contracting Act is to provide the department alternative methods of contracting for public water and natural resources projects. The alternative methods of contracting shall be available to the department for use on an…
Neb. Rev. Stat. § 61-504 Design-build contract; progressive design-build contract; construction manager-general contractor contract; authorized.
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The department, in accordance with the Public Water and Natural Resources Project Contracting Act, may solicit and execute a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract for a public surface water or groundwater…
Neb. Rev. Stat. § 61-505 Engineering or architectural consultant; hiring authorized.
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The department may hire an engineering or architectural consultant to assist the department with the development of project performance criteria and requests for proposals, with evaluation of proposals, with evaluation of the construction to determine adherence to the project per…
Neb. Rev. Stat. § 61-506 Guidelines for contracts.
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The department shall adopt guidelines for entering into a design-build contract, a progressive design-build contract, or a construction manager-general contractor contract. The department's guidelines shall include the following: (1) Preparation and content of requests for qualif…