WSP00374

• File Number: 8407.400
• Description: Platte River Basin - River Basin General Publications - Nebraska
• State: NE
• Basin: South Platte
• Water Division: 1
• Date: 3/1/1983
• Author: Nebraska Natural Res
• Title: Policy Issue Study on Selected Water Rights Issues - Riparian Rights
• Water Supply Pro - Doc Type: Report/Study

~ ,J I i ~ It

ed, and making failure to register a forfeiture
of any water right claim.

Sub-alternative 3a: Authorize registration and
adjudication of riparian claims related to
land which is legally riparian.

Sub-alternative 3b: Authorize registration and
adjudication of riparian claims related to
land which is physically riparian.

Sub-alternative 3c: Authorize registration and
adjudication of riparian claims lor any bene-
ficial purpose.

Sub-alternative 3d: Authorize registration and
adjudication of riparian claims for domestic.
agricultural and manufacturing purposes
only.

Sub-alternative 3e: Authorize registration and
adjudication of riparian claims whether or
not water has actually been used in the past.

Sub-alternative 3f: Authorize registration and
adjudication of riparian claims only where
water use has been made within the last 5
years or where works are under con-
struction.

Sub-alternative 3g: Authorize registration and
adjudication of riparian claims only where
water has been diverted and used within the
last 5 years or where works are under con-
struction.

Sub-alternative 3h: In adjudicating riparian
claims. legislatively establish that the prior-
ity date of the riparian claim is the earlier of
the date of initial beneficial use or the date
the riparian claim was filed with the
Nebraska Department of Water Resources.

Sub-alternative 3i: In adjudicating riparian
claims. legislatively establish that the prior-
ity date of the riparian claim is the date the
riparian land was severed from the pUblic
domain.

Sub-alternative 3j: Legislatively exempt in-
dividual domestic and stock-watering uses
up to the normal dryland grazing capacity of
the land from riparian right registration and
adjudication requirements.

Sub-alternative 3k: Legislatively give riparians
using water lor individual domestic and
stockwatering purposes up to the normal
dryland grazing capaCity of the land the

option to register and adjudicate their ripar-
ian claims.

Sub-alternative 31: Legislatively require regis-
tration and adjudication only 01 riparian
claims.

Sub-alternative 3m: Legislatively require regis-
tration, adjudication, and integration of
riparian claims into the appropriative
system.

Implementing Alternative # 3 would require ri-
parian .:Iaims to be registered with and adjudi-
cated by the DWR. Adjudicating riparian claims
would require the DWR to hold hearings in the
river basins throughout the state wherever ripar-
ian claims were filed to determine whether ap-
propriations should be issued based on the ri-
parian claim.
Riparian right adjudication procedures could
last several years. If adjudicated riparian claims
are given new appropriations (SUb-alternative
3m). adjudication procedures could create con-
siderable uncertainty regarding the status of
riparian claims. current and pending appropri-
ations, and future appropriations. If extra-prefer-
ence uses qualify for riparian right adjudication
(sub-alternative 3c) or if riparian priority dates are
based either on severance of riparian land Irom
the public domain (sub.allernative 3i) or the date
of initial use (sub-alternative 3h), current appro-
priators could be forced to participate in riparian
right adjudication proceedings to protect their
own interests. at considerable private and public
expense.
The thirteen sub-alternatives for alternative 3
deal with: (1) whether riparian rights adjudication
would be allowed lor land that is physically ripar-
ian but not legally riparian, (2) whether extra.
preference water uses (ground water recharge,
fish, wildlife and recreation. etc.) would qualify for
riparian right adjudication, (3) whether riparian
water uses not involving a physical diversion of
water (such as fish. wildlife and recreation) could
be eligible for riparian right adjudication, (4)
whether dormant riparian claims could be eligi.
ble lor riparian right adjudication, (5) whether
riparian priority dates will be based on severance
of riparian land from the public domain or the
initial date of water use, (6) whether stockwater-
ing claims should be exempted from riparian
claim adjudication requirements. and (7) whether
riparian claims should simply be adjudicated. or
whether the riparian claims should be adjudica-
ted and integrated into the appropriation system.

VII