State Codes and Statutes
Statutes > Nebraska > Chapter46 > 46-29146-291. Application; review;notice; contents; comments.(1) Upon receipt ofan application filed under section 46-290 for a transfer in the location ofuse of an appropriation, the Department of Natural Resources shall reviewit for compliance with this subsection. The Director of Natural Resourcesmay approve the application without notice or hearing if he or she determinesthat: (a) The appropriation is used and will continue to be used exclusivelyfor irrigation purposes; (b) the only lands involved in the proposed transferare (i) lands within the quarter section of land to which the appropriationis appurtenant, (ii) lands within such quarter section of land and one ormore quarter sections of land each of which is contiguous to the quarter sectionof land to which the appropriation is appurtenant, or (iii) lands within theboundaries or service area of and capable of service by the same irrigationdistrict, reclamation district, public power and irrigation district, or mutualirrigation or canal company; (c) after the transfer, the total number of acresirrigated under the appropriation will be no greater than the number of acresthat could legally be irrigated under the appropriation prior to the transfer;(d) all the land involved in the transfer is under the same ownership or iswithin the same irrigation district, reclamation district, public power andirrigation district, or mutual irrigation or canal company; (e) the transferwill not result in a change in the point of diversion or the point of diversionwill be changed but the change meets the following requirements: (i) The newpoint of diversion is on the same named stream, the same tributary, or thesame river or creek as the approved point of diversion; (ii) the proposedpoint of diversion will not move above or below an existing diversion pointowned by another appropriator; and (iii) the proposed point of diversion willnot move above or below a tributary stream or a constructed river return ora constructed drain; and (f) the transfer will not diminish the water supplyavailable for or otherwise adversely affect any other surface water appropriator.If transfer of an appropriation with associated incidental underground waterstorage is approved in accordance with this subsection, the associated incidentalunderground water storage also may be transferred pursuant to this subsectionas long as such transfer would continue to be consistent with the requirementsof this subsection. If necessary, the boundaries of the incidental undergroundwater storage area may be modified to reflect any change in the location ofthat storage consistent with such a transfer. Transfers shall not be approvedpursuant to this subsection until the department has adopted and promulgatedrules and regulations establishing the criteria it will use to determine whetherproposed transfers are consistent with subdivision (1)(f) of this section.(2) If after reviewing an application filed under section 46-290 the director determines that it cannot be approved pursuant to subsection(1) of this section, he or she shall cause a notice of such application tobe posted on the department's web site, to be sent by certified mail to each holder of a mortgage, trust deed,or other equivalent consensual security interest that is identifiedby the applicant pursuant to subdivision (1)(b)(v) of section 46-290 and toany entity owning facilities currently used or proposed to be used for purposesof diversion or delivery of water under the appropriation, and to be publishedat the applicant's expense at least once each week for three consecutive weeksin at least one newspaper of general circulation in each county containinglands to which the appropriation is appurtenant and, if applicable, in atleast one newspaper of general circulation in each county containing landsto which the appropriation is proposed to be transferred.(3) The notice shall contain: (a) A description of the appropriation;(b) the number assigned to such appropriation in the records of the department;(c) the date of priority; (d) if applicable, a description of the land orstream reach to which such water appropriation is proposed to be transferred;(e) if applicable, the type of appropriation to which the appropriation isproposed to be changed; (f) if applicable, the proposed change in the purposeof use; (g) whether the proposed transfer or change is to be permanent ortemporary and, if temporary, the duration of the proposed transfer or change;and (h) any other information the director deems relevant and essential toprovide the interested public with adequate notice of the proposed transferor change.(4) The notice shall state (a) that any interested personmay object to and request a hearing on the application by filing such objectionsin writing specifically stating the grounds for each objection and (b) thatany such objection and request shall be filed in the office of the departmentwithin two weeks after the date of final publication of the notice.(5) Within the time period allowed by this section for thefiling of objections and requests for hearings, the county board of any countycontaining land to which the appropriation is appurtenant and, if applicable,the county board of any county containing land to which the appropriationis proposed to be transferred may provide the department with comments aboutthe potential economic impacts of the proposed transfer or change in suchcounty. The filing of any such comments by a county board shall not make thecounty a party in the application process, but such comments shall be consideredby the director in determining pursuant to section 46-294 whether the proposedtransfer or change is in the public interest. SourceLaws 1983, LB 21, § 3; Laws 2000, LB 900, § 132; Laws 2004, LB 962, § 17; Laws 2006, LB 1226, § 11; Laws 2008, LB798, § 4; Laws 2009, LB477, § 2.
