Nebraska Water Management

Nebraska Department of Natural Resources

September, 2004

Transition Process

Transition process for NRDs that initiated a Joint Action surface water/groundwater planning process under previous law

- Does not negate previous actions

- Provides smooth transition to new process

Areas Considered Fully Appropriated* When LB 962 took Effect on July 16, 2004

* either preliminary or final

If Prior to July 16, 2004 the Director of DNR:

- Determined that a Joint Action Plan should be prepared

- The affected area is considered to be fully appropriated

- No additional hearings on this determination are required

- Pertains to entire area of the North Platte NRD, Upper Republican NRD, Middle Republican NRD and Lower Republican NRD

If Prior to July 16, 2004 the Director of DNR:

- Made a preliminary determination that the use of hydrologically connected groundwater and surface water is contributing to conflicts

- Affected areas subject to being declared fully appropriated

- Hearing is required on final determination of fully appropriated

Areas where Determination is Preliminary

Upper Niobrara White NRDSouth Platte NRDTwin Platte NRDCentral Platte NRD

- Consultation required with municipalities and others in areas

- Consultation will be short term in these areas

Stays on New Uses Took Effect Between July 16 and July 26, 2004

- On new surface water permits

- On new water well construction

- On increases in the number of acres irrigated

NRDs & NRD Areas whereCertain Stays are Currently in Effect

Exceptions to Stays

- Test holes and dewatering wells

- Monitoring and remediation wells

- Wells pumping less than 50 gpm

- Range livestock wells

- Replacement wells

- Wells using transferred water

- Good cause shown

Exceptions to Stays Relevant to Municipal Use

- Wells needed to alleviate emergency need for water for human consumption

- Replacement wells-no increase in consumptive use

- Wells to which rights are transferred-no increase in consumptive use

Exceptions to Stays Relevant to Municipal Use

continued

- Wells for which a variance is granted for good cause shown

- Public water supply wells for which state permits were issued prior to the stay

By Law a Basin is Overappropriated if on July 16, 2004

- Subject to a cooperative agreement among three or more states

- Prior moratoriums on new surface water appropriations

- DNR requested NRD to stop issuing well permits or continue temporary suspensions

( Platte River Above Kearney Canal Diversion )

Overappropriated Reaches

Designation by September 15, 2004

Final Determination ofFully Appropriated in Platte Basin based on:

- Hydrological connection to area under consideration for overappropriated designation

- Number of days would have administered junior irrigation rights existing at the time of the preliminary determination

Determination of Hydrological Connection for Fully Appropriated Area Based on Data from:

- United States Geological Survey

- University of Nebraska Conservation and Survey Division

- COHYST

Streams and RiversSouth Platte NRD

Preliminary MapSouth Platte NRD

Streams and RiversTwin Platte NRD

Preliminary MapTwin Platte NRD

Streams and RiversCentral Platte NRD

Preliminary MapCentral Platte NRD

Criteria to Determine Extent of Hydrologically Connected Areas to the Overappropriated Basin to be Designated September 15, 2004

- Based on line where 28% of what is pumped over 40 years shows up as a depletion to the stream

Criteria to Determine the Extent of Hydrological Connection:

- Line based on data produced by COHYST model

Preliminary Determination of Overappropriated Area

MAP of overappropriated area

Schedule of Hearings on Fully Appropriated Designation

Twin Platte NRD-August 31, 2004 in North Platte

South Platte NRD-September 1, 2004 in Sidney

Central Platte NRD-September 9, 2004 in Kearney

Overappropriated Designation -No Hearing Required

Final Determination Schedule

Fully Appropriated - Within 30 days of last hearing - by October 9

Overappropriated - Within 60 days of law going into effect - by September 15

Integrated Management Planning Process

Formation of stakeholder group representing

- surface and groundwater irrigators

- municipalities and county government

- business and economic development

- recreational

- environmental interests

Integrated Management Planning Process

Assisted by Technical Advisors from

- University of Nebraska Conservation and Survey Division

- Department of Environmental Quality

- Game and Parks Commission

- Natural Resources Conservation Service

Integrated Management Planning Process

North Platte NRD – Meeting since January 2003

Upper Niobrara White – Meeting since May 2003

South Platte NRD – Meeting since September 2004

Republican Basin NRDs – Meeting since January 2003

Integrated Management Planning Process

Republican Basin NRDs – Final Determination of Fully Appropriated on

-Numerous meetings with board, Resources District Association

- Numerous Public Information Meetings

- In process of developing a recommended plan

For More Information

www.dnr.state.ne.us

Thank You