Laserfiche WebLink
<br />846 <br /> <br />NEBRASKA LAW REVIEW <br /> <br />[VoL 70:754 <br /> <br />~ 45-291. Definition of person <br /> <br />In this article, unless the context otherwise requires, "person" <br />means an individual, public or private corporation, company, part- <br />nership, firm, association, society, estate, trust, any other private or- <br />ganization or eJlterprise, the United States, any state, territory or <br />country or a governmental entity, political subdivision or municipal <br />corporation organized under or subject to the constitution and laws <br />of the United States, this state or any other state. <br />Added by LawS 1989, Ch. 168, ~ 3. <br /> <br />~ 45-292. Approval required to transport water out of state; <br />application; criteria; hearing <br /> <br />A. A person may withdraw, or divert, and transport water <br />from this state for a reasonable and beneficial use in another state if <br />approved by the director pursuant to this article. A person shall not <br />transport water from this state unless approved by the director, but <br />this article does not apply to or prohibit transporting water from <br />this state as required by interstate compact, federal law or interna- <br />tional treaty. <br />B. An application to transport water from this state for use in <br />another state shall be filed with the director and shall include: <br />1. The name and address of the applicant's statutory agent in <br />this state for service of process and other legal not~ces. <br />2. The legal basis for acquiring the water to be transported. <br />3. The purpose for which the water will be used. <br />4. The annual amount of water in acre-feet for which the appli- <br />cation is made. <br />5. The proposed duration of the permit, not to exceed fifty <br />years with an option to renew. <br />6. Studies satisfactory to the director of the probable hydro- <br />logic impact on the area from which the water is proposed to be <br />transported. <br />7. Any other information which the director may require. <br />C. The director shall approve or reject the application. If the <br />director approves the application, he may prescribe terms and con- <br />ditions for the approval. In determining whether to approve the <br />application the director shall consider: <br />1. Whether the proposed action would be consistent with con- <br />servation of water, including any applicable management goals and <br />plans. <br />2. Potential harm to the public welfare of the citizens of this <br />state. <br />3. The supply of water to this state and current and future <br /> <br />( <br /> <br />HeinOnline -- 70 Neb. L. Rev. 846 1991 <br />