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LB962 Enacted Into Law
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LB962 Enacted Into Law
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Last modified
1/26/2010 4:38:31 PM
Creation date
6/15/2009 1:54:17 PM
Metadata
Fields
Template:
Water Supply Protection
File Number
8461.350
Description
Legislation
State
CO
Basin
South Platte
Water Division
1
Author
Nebraska Department of Natural Resources
Title
LB962 Enacted Into Law
Water Supply Pro - Doc Type
Publication
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Eiiacted Into Law <br />On April 13, 2004, the <br />Nebraska Legislature <br />adopted L6962, a bill <br />described by many as the <br />m??t ?;!,,njf,cant water policy <br />? n legislation <br />.. ? passed since <br />at least 1996. <br />Govemor <br />,lohanns <br />' s?gned the bill <br />? -,to law on <br />oril 15, 2004. <br />"M LB962reflects a oonsensus that <br />was reached in Decernber by a 49 member task force <br />appoirrted in 2002 by Govemor Johanns. That task force <br />induded irtigators from each of the state's 13 major river <br />basins as well as representatives of natural resources distrids, <br />public power disbicts, muniapalities, agricultural organizations, <br />recneation users, environmental interesis, the public at large, <br />the Legislature's Natural Resources Committee, the Attomey <br />General's Office and the Departrnent of Natural Resources <br />(DNR). According to state Director of Naniral Resources. <br />Roger Patterson, the <br />bill will make the state FPI&tt* Mlddle Niobrara NRD <br />and its 23 n atural hira <br />f2SOUf?CE:S CIISt11CtS much more proactive Uppor Loup NRD <br />in anticipating and preventing conflids <br />WaW USf.'f'S. Ifl upW Mlddle <br />?'lOS@ pOftlOflS Of t}1@ , R@p?? RoputrJlun ? <br />lfun NRD <br />St? VV?'le(?E S11d1 NRo <br />CO(1f11CfS aIr22Cfy L <br />exist tl?e legislation <br />also establishes <br />p('rcoes and <br />b?ires fbr River Basins <br />and 23 <br />resolving ttiose <br />oonficts. Patterson _ Natural Resourc <br />i?'xScated that Districts <br />deciding how to addr'ess thosr: air?afy ,,Dr appropnated' <br />river basins was one of the most difficult challenges <br />faced by the taslc for+ce. He nobed, haroever, that the taslc <br />force finally reached agreernent on how to resdve those <br />oonflicts while treating the affected water users fairly <br />es <br />iblished by tht . • •, <br />il Resourcc ' <br />Apn1 200 <br />The bill also adds more flexibility to current <br />Nebraska statutes governing the transfer of surface <br />water rights to a different location ot use and it <br />updates statutes relating to the cancellation of <br />water rights that are no longer being used. Finally it <br />updates a number of individual water management <br />statutes and includes the provisions of several <br />other water related bills that were advanced to <br />General File by the Legislature's Natural Resources <br />Committee but would not have been acted on had <br />they not been added to L6962. <br />A more detailed summary of LB962 follows: <br />Integrated Management Provisions <br />- On July 16, the operative date of LB962, all or <br />portions of nine natural resources districts will <br />? --ncirjnrnrl `'fUIIy appropriated" and subject <br />- --)ns of the bill that relate to <br />rerNiobiara . .51' ? ?';I:'1'1,;3•, l(;r?.3'1NRD ?O1"13 d Cla? " Those NRDs are: The Upper <br />pwElkhomNRO "f Niobrara White NRD, the <br />? <br />Y <br />l owur Flkhwn North Platte N R D, the <br />NF?D South Platte NRD, the <br />.rLoupNRD a~ rwin Platte NRD, the <br />V,ao ; 7- Central Platte NRD, <br />?e upP°• LoW., eno the Upper Republican <br />P? Brg 8luo Sa?r <br />i'? nrRn NRD, the Middle <br />„Nkf) % Republican NRD, the <br />Littlu Elu? Nomahe <br />publiun NR ' Hk? NRa ^? ?ower Republican <br />N R D, and the Tri <br />P?,-;,-, ??PF) ThoSF NPD-? or portions thereof will be <br />considered "fully appropriated" because they each are <br />involved in an active planning process under current <br />law for integrated management of hydrologically <br />connected groundwater and surface water. How each <br />will be affected when LB962 becomes operative on <br />July 16 will depend upon the actions that district and <br />the DNR have taken under existing law prior to that <br />date For information in that regard, contact DNR. <br />Note also the general description of the planning <br />process and the stays that follow the designation of an <br />area as "fully appropnated."
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