State Codes and Statutes

Statutes > Nebraska > Chapter46 > 46-707

46-707. Natural resourcesdistrict; powers; enumerated.(1) Regardless ofwhether or not any portion of a district has been designated as a managementarea, in order to administer and enforce the Nebraska Ground Water Managementand Protection Act and to effectuate the policy of the state to conserve groundwater resources, a district may:(a) Adopt and promulgate rules and regulations necessary todischarge the administrative duties assigned in the act;(b) Require such reports from ground water users as may benecessary;(c) Requirethe reporting of water uses and irrigated acres by landowners and others withcontrol over the water uses and irrigated acres for the purpose of certificationby the district;(d) Requiremeters to be placed on any water wells for the purpose of acquiring wateruse data;(e) Require decommissioningof water wells that are not properly classified as active status water wellsas defined in section 46-1204.02 or inactive status water wells as definedin section 46-1207.02;(f) Conduct investigationsand cooperate or contract with agencies of the United States, agencies orpolitical subdivisions of this state, public or private corporations, or anyassociation or individual on any matter relevant to the administration ofthe act;(g) Report to and consultwith the Department of Environmental Quality on all matters concerning theentry of contamination or contaminating materials into ground water supplies;and(h) Issue cease and desistorders, following ten days' notice to the person affected stating the contemplatedaction and in general the grounds for the action and following reasonableopportunity to be heard, to enforce any of the provisions of the act or oforders or permits issued pursuant to the act, to initiate suits to enforcethe provisions of orders issued pursuant to the act, and to restrain the constructionof illegal water wells or the withdrawal or use of water from illegal waterwells.Before any rule or regulation is adopted pursuant to thissubsection, a public hearing shall be held within the district. Notice ofthe hearing shall be given as provided in section 46-743.(2) In addition to the powers enumerated in subsection (1)of this section, a district may impose an immediate temporary stay for a periodof one hundred eighty days on the construction of any new water well and onany increase in the number of acres historically irrigated, without priornotice or hearing, upon adoption of a resolution by the board finding thatsuch temporary immediate stay is necessary. The district shall hold at leastone public hearing on the matter within the district during such one hundredeighty days, with the notice of the hearing given as provided in section 46-743,prior to making a determination as to imposing a permanent stay or conditionsin accordance with subsections (1) and (6) of section 46-739. Within forty-fivedays after a hearing pursuant to this subsection, the district shall decidewhether to exempt from the immediate temporary stay the construction of waterwells for which permits were issued prior to the date of the resolution commencingthe stay but for which construction had not begun prior to such date. If constructionof such water wells is allowed, all permits that were valid when the staywent into effect shall be extended by a time period equal to the length ofthe stay and such water wells shall otherwise be completed in accordance withsection 46-738. Water wells listed in subsection (3) of section 46-714 andwater wells of public water suppliers are exempt from this subsection. SourceLaws 1975, LB 577, § 8; Laws 1979, LB 26, § 2; Laws 1982, LB 375, § 18; Laws 1984, LB 1071, § 6; Laws 1986, LB 894, § 24; Laws 1993, LB 3, § 10; Laws 1993, LB 131, § 29; Laws 1995, LB 871, § 6; R.S.Supp.,1995, § 46-663; Laws 1996, LB 108, § 14; R.S.1943, (1998), § 46-656.08; Laws 2004, LB 962, § 47; Laws 2007, LB701, § 22; Laws 2009, LB477, § 5.