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;... ,")'J , Introduction This report discusses the two kinds at rights to use surface water currently authorized in Nebraska, riparian and appropriative: how they conflict, how they have been judicially inter- related, and how they might be integrated to avoid future conflicts. Nebraska is one of several western states having two inconsistent legal bases for allocating surface water rights. Ripar- ian rights are based exclusively on owning land bordering a stream. Appropriative rights are acquired by obtaining a state permit and using streamflow for a beneficial purpose. The riparian doctrine was adopted in Nebraska by Nebraska Supreme Court decision, while prior appropri- ation was later established by legislation. The existence of two inconsistent legal bases for allocating surface water rights has resulted in conflicts among riparians and appropriators, which in turn have led to recommendations that riparian rights be integrated into the appropri- ative system. This report discusses the conflict between riparian and appropriative rights in Nebraskaand how they might be integrated to avoid future conflicts. Chapter One describes the riparian- appropriative conflict in Nebraska, and summar- izes the judicial rules that have developed for resolving these conflicts. Chapter Two dis- cusses the practical effects of riparian rights on surface waler allocation in Nebraska: what riparian-appropriative conflicts may arise in the tuture, the likelihood of luture riparian-appro- priative conflicts actually leading to litigation, and how courts are likely to deal with those conflicts. Chapter Three surveys how other western states have addressed the riparian right issue. Chapter Four presents legislative alternatives tor dealing with riparian rights. The tour principal alternatives are (1) do nothing, (2) register ripar- ian claims. (3) register and adjudicate riparian claims. bringing riparian rights into the appropri- ative system. and (4) administer appropriations for the benefit of individual domestic and live- stock watering users. The major poliCY issues presented in these alternatives (and their asso- ciated sub-alternatives) are (1) whether or not riparian claims should be integrated into the appropriative system, (2) what land should be defined as riparian land, (3) for what purposes 01 use should riparian claims be recognized,(4) how should riparian right priority dates be estab- lished, (5) whether dormant riparian claims should be recognized, and (6) whether livestock watering claims should be treated differently from other riparian claims. Each policy alterna- tive is described in detail, along with suggestions of how the alternative could be implemented. The external impacts of adopting each alterna- tive also are addressed in Chapter Four. Dis- cussed are the probable water use pattern changes, if any, resulting from implementing each alternative and the related phYSical/hydro- logic/environmental impacts and socia-eco- nomic impacts. The final chapter, Chapter Five, is devoted to explaining the relationship between this report and other policy issue reports produced or to be produced as part of the State Water Planning and Review Process. Relationships are developed tor many of the studies being conducted. The value of Chapter Five to decision makers is to alert them to how other water policy issues can be affected by decisions regarding riparian rights. III