WSP00374 - Laserfiche WebLink

Home Browse Search

, f'i1A I' f) [9)'.:bl;';~dviSOry [Is)oard Slate 'Neier Planning end Review Process "ClJSICIP"l. Rkh.dHo-.. ~.. OOMESTIC A.I,"",~.,ac1 ............c"" GROUND w"rrR lRRlGA.no,," b_...... .... SlJRF"CEIII"TUlIRRlGJlno,," Do. S._n . ca.-or_u "''''''"u U\:f:5TOCK l'Mooucno.. Joe. ""..d... 1ol.......... E....II1JlO'"JolE!\rTAl. CIa,;toaLooII_ Hol....... l!'<OlISTR1A1.6CO_UlCtAl. \I.................... ~- WIl.DUFY- ASH" RECREAnOili R1c..11...,"~ .... I.. CO~RES!.lO"'4L OISllUCT E1_.Sdol.o~of( W.~ hd COSGAl:SSIO..A.l DISTl'llCT WWl&..E.",,_ ~- S." C01oGRESSiO"'A.l. DISTlUCT ...~- -- "'(BRASil'" ",,,rURAL RESOUACESCO......'SSlOJrt. 301 CEHTE"'''''Al ....ll SOUTH. P.O !lOI i.&&rs. UNCOL"', "'EBA.SII;A us,o, The Hono~able Rober: Kerrey Governor, State of ~ebras~a State Capitol, 2nd Floor Lincoln, Nebraska 68509 ~ @rn~w JUN 03 1983 ~ o ~embers of the Nebraska Legislature Eighty-Eighth Legislature First Session State Capitol Lincoln, ~ebraska 68509 COLORADO WATER C~~'.!S::~'.I!\T~0~~ !?').~.~9 Governor K~rrey and ~embers of the Legislatur~: In accordance with its statutory responsi~ility und~r S~ction 2-)287 R.S. Supp. 1982, the Public Advisory Board has reviewed the report of the :-Iatural ~esources Commission entitled "Riparian Rights" and the Cu~ission's recommendations on the alternatives contained in that report. The members of the Public Advisory Board understand the Commission's concerns about registration of riparian rights. However. we disagree with the Commission's conclusion that registration would create more problems than ben~fits. To th~ contrary, the Public Advisory Board believes that our water resources cannot be properly planned or administered unless the extent of all claims to thoae resources is known. At present the extent of riparian claims is not known. We recommend, therefore, that the Legislature adopt and implement Alternative "2: "LegiSlatively require registration of riparian water right claims with the ~ebraska Department of Water 1esources, establiShing that any other riparian ~ater uoes are not legally sanctioned, and making failure to register a forfeiture of any water right claim." We are not at this time recommending that action on riparian rights go beyond registration of those rights. The registration process. once completed, will provide the state's policy makers with a good information base upon .hich to decide if adjudication and integration of the riparian claims into the appropriative system should also be accomplished. We do not believe that decision can be properly ~ade unless registration first occurs. t The "Riparian Rights" report identifies and describes a number of subalternatives for Alternative ~2. These subalternatives provide the Legislature with different ways of implementing Alternative 42. They relate to: (1) ~hat land qualifies as riparian land; (2) what are valid water uses for purposes at a riparian clai~; (3) whether the water must have actually been used at some time in the past; (4) whether such use must have involved a physical diversion of water from :he stream; (5) and whether riparian claims for stockwatering purposes ought to be exempted from registration requirements. The Public Advisory Board makes the following recommendations regarding those subalternatives. ~ I