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<br /> <br />LAWS, POLICIES, AND ADMINISTRATION OF WATER <br /> <br /> <br />AND RELATED LAND RESOURCES <br /> <br /> <br />Existing federal and state laws, pOlicies, and administra- <br /> <br /> <br />tion of water and related land resources profoundly affect the <br /> <br /> <br />present and future use of those resources. Before plans can be <br /> <br /> <br />made, it is necessary to recognize those rights and possible <br /> <br /> <br />constraints to planning contained in the existing laws, policies, <br /> <br /> <br />and administrative procedures. This section briefly summarizes <br /> <br /> <br />the most important of these. <br /> <br />State Water Laws, POlicies, and Administration <br />Laws of the State of Nebraska govern the use of water within <br />its boundaries, except where federal jurisdiction takes precedence. <br /> <br />Surface Water <br /> <br /> <br />Nebraska law distinguishes between surface water and water <br /> <br /> <br />flowing in a definite channel with a bed and banks or sides. <br /> <br /> <br />Surface water, by well settled rule, may be retained by the owner <br /> <br /> <br />upon whose land it falls, so long as it has not become part of a <br /> <br /> <br />watercourse or natural lake. The latter category, including <br /> <br /> <br />floodwaters is subject to the complex interaction of Nebraska's <br /> <br /> <br />dual approach to water rights. <br /> <br /> <br />The Riparian Doctrine. This doctrine in its simplest form <br /> <br /> <br />states that each landowner may enjoy the use of streams flowing <br /> <br /> <br />past his land provided that this use does no injury downstream. <br /> <br /> <br />Because this doctrine made no provision for consumptive uses such <br /> <br /> <br />as irrigation, many of the semi-arid western states including <br /> <br /> <br />Nebraska, modified the doctrine to apply a new rule of "reasonable <br /> <br /> <br />use". Contrary to prevalent application in the united States, <br /> <br />2-34 <br />