LB962 Enacted Into Law

• 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

developed and the goal will have to be to restore,
in an incremental manner, that basin to the "fully
appropriated" status. Specific objectives for the
first ten year increment of implementation of
the IMPs for the "over appropriated" basin are
contained in the bill and are consistent with the
proposed New Depletion Plan for the Platte River
Cooperative Agreement.
- The IMPs may rely on a number of voluntary
measures as well as the surface water and
groundwater regulatory controls that are authorized
by current law and are enhanced by L6962
Among the authorized groundwater controls are
allocation of groundwater withdrawals, rotation
of use, reduction of irrigated acres, and other
measures. NRDs are given specific authority to
include incentive programs in the IMPs.
- If there are disputes between the DNR and
NRDs over ttie development or implementation
of an IMP and if they cannot
resolve those disputes, a five
member Interrelated Water
'Review Board (IWRB) evill
»ake the final decision about
' which components to put into
the plan or how the plan shall
be implemented. The Board will
? consist of five members including
the Governor or his or her
II h?:???ivy?c? ' appointee, one additional member
'?I:iJI1J.?JI.r of the Governor's choice and three
additional members appointed
by the Governor from a list of at
least six persons nominated by the
fJebiaska Natural Resources Commission.
Transfers of
Surface Water Rights
- Transfers of surface water rights
from one location to another
will continue to be allowed. In
specified instances DNR will also
be autho?ized to issue temporary
and permanent permits that either
change the purpose for which water is used or change
the permit to use from one type to another, e.g. from
direct use to storage. Only a temporary transfer or
change will be allowed if it involves a change in use to
a different preference category Temporary pertnits
may be for as long as 30 years and may be renewable.
Safeguards are added to ensure that changes in type
of permits or changes in use will not adversely impact
existing users or be contrary to the public interest.
- An expedited transfer approval process is provided
for some irrigation transfers if there will be no change
in the diversion point, no diminution of water supply
for other appropriators, no increase in the number
of acres irrigated, etc. For transfers that meet those
and the other criteria, neither publication of notice nor
hearings will be required
Adjudication of Surface Water Rights
- The period of allowable non-use of surface water
rights before cancellation without acceptable excuses
is extended from 3 years to 5 years If there are
excusable reasons for nonuse, the allowable period
of non-use without cancellation is extended from
10 to 15 years If the unavailability of water was
the reason for nonuse, the period of allowable non-
use before cancellation may be extended from 10
years to up to 30 years or, upon petition by the
appropriator, even longer if the permit is in a basin
that has been determined to be over appropnated
or fully appropriated and water is expected to be
restored for use in accordance with an integrated
management plan.
- When an appropriation held in the name of an
irrigation district or company is cancelled as to use on
a particular tract of land, the district shall have up to 5
years to assign the right to another tract or another use
Transfers of Groundwater
off the Overlying Land
- Natural resources districts are authorized to require
as a management area control: (1) district approval
of transfers of groundwater off the land where it is
withdrawn, and (2) district approval of transfers of rights
to use groundwater that result from district allocations
imposed under the Groundwater Management and
Protection Act. The district must deny or condition
the transfer if needed to: (1) ensure consistency of
the transfer with the purposes of the management
area, (2) prevent adverse impacts on groundwater
users, surface water appropriators, or the state's
ability to comply with an interstate compact, decree, or
agreement, and (3) otherwise protect the public interest
and prevent detriment to the public welfare.
- Natural resources districts also are empowered to
permit groundwater transfers off the overlying land to
augment supplies in wetlands or natural streams for