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

- On or before September 15, 2004, the Director
of Natural Resaurces v;,1' any "over
appropriated" reach •
An "over appropriated" basin is one where
the extent of development is not sustainable over
the long term, i e. the already permitted uses are
in excess of what can be supported by the water
supply over the long
term. The cnteria `
for designation
are that the basin k?„ ? J ?"??
involved be subject ?-
to a moratorium on
the issuance of new - ??
surface water rights
and be subject to '
an interstate cooperative
agreement among three or more --
states. Also, the Director of DNR
must have requested that the
affected NRDs establish or maintain a moratoriurtl or
temporary suspension on the construction of new wells
in all or paR of that basin. The Director has indicated
that only the Platte River Basin upsVeam of Elm Creek
is likely to be designated as an "over appropriated"
basin. At the time of designation, the Director will
have to determine what portions of the basin have
hydrologically connected resources for which the
integrated management plan will need to be developed.
- Beginning by January, 2006, the Department of
Natural Resources will make annual determinations
of which basins, sub-basins or nver reaches not
previously designated as "fully appropriated" or
"over appropriated" have since becoine fully
appropriateci." A basin will be so designated when
it is determined, taking into account the lag effect of
groundwater use, that if further development were
to occur, the balance between water use and water
supplies could not be sustained The water uses
that witl be considered will include all then permitted
uses of both groundwater and surface water, including
Nebraska instream flow appropriations.
Whenever a basin is declared "over appropriated
'fully appropna!ed" there will be immediate stays
nev/ uses of groundwater and surface water. Those
stays will remain in effect until the integrated
management plan for that basin
-_has been completed and
implemented, except that for
? groundwater, the NRD could
?r
? lift the stays during the
planning process after a
?~ - public hearing on such a
proposal.
?'--
'1 - In basins designated
as either "fully
appropriated" or
over appropriated", the DNR and the NRDs involved
will be required to jointly develop and irnplement an
integrated surface water and
groundwater management . _ ,
plan (IMP) within 3 to 5 years
of that designation. ,
- By statute, a key goal of ?-l
each IMP wilt be to manage .
all fiydrologically connected ?
groundwater and surface
water for the purpose of •••??
?
sustaining a balance between water uses and water supplies ?r3
so that the economic viability,
social and environmental
health, safety and welfare of the bas?r?l sub bas,n
or reach can be achieved and maintained for both
the near and long term In the "over appropriated"
basin, an overall basin wide plan will have to be