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<br />Defining Riparian Land. The Public Advisory Board recommends subalternative 2a: <br />"Authorize registration of riparian claims related .to land which is legally <br />riparian, i.e., the land borders the natural stream, was severed from the public <br />domain before April 4, 1895, and has not lost riparian status due to sub- <br />division". This subalternative recognizes previously imposed restrictions on <br />what constitutes legally riparian land. To expand the lands eligible for making <br />riparian claims to all those which are physically riparian, as suggested by <br />subalternative 1b, would create claims which do not presently exist and <br />significantly increase the number of claimants in any registration process. <br /> <br />" <br /> <br />Purpose of use. Although there may be constitutional limits to the extent to <br />which the Legislature: can specify valid purposes of use for riparian claims, the <br />P~blic Advisory ~oard believes that a narrow definition should be imposed if <br />possible. We recommend, therefore, that subalternative 2d be incorporated in the <br />registration process. That subalternative would authorize registration of <br />riparian claims for domestic, agricultural, and manufacturing purposes only. <br />Those uses ,are the only ones specifically recognized in the Nebraska <br />Constitution. To allow registration of uses which are not presently eligible for <br />appropriative rights could cause problems in any future integration of those uses <br />into the appropriative rights system. <br /> <br />Actual use requirement. Unlike appropriative rights, riparian rights are not <br />lost by nonuse. However, the Legislature probably could prevent recognition of <br />riparian claims which have not been utilized within some reasonable period of <br />time. The Public Advisory Board does not feel that such action is necessary and <br />recommends therefore the enactment of subalternative 2e: "Authorize registration <br />of riparian claims whether or not water has actually been used in the past". <br /> <br />i, <br />,r, <br />{:, <br /> <br />Physical diversion requirement. Since the Public Advisory Board is recommending <br />subalternative 2d (note explanation above) we do not believe that a physical <br />diversion requirement is necessary. Claims for domestic, agricultural, or <br />manufacturing purposes should be recognized whether they involve a diversion or <br />not. <br /> <br />" <br />, <br /> <br />Stockwatering. Subalternatives 2h and 2i relate to whether stockwatering users <br />ought to be exempted from the registration requirements or be given the option of <br />not registering. The Public Advisory Board recognizes that stockwatering uses <br />may constitute the majority of riparian claims and that requiring their <br />registration will substantially increase the number of claims which are filed. <br />However, if the purposes of registration, i.e. to determine the number and <br />quantity of claims to the resource, are to be implemented, the greatest number of <br />claims should not be excluded from the registration requirements. We recommend, <br />therefore, that neither subalternative 2h or 2i be implemented and that <br />stockwatering users be subject to the same requirements as other riparian <br />claimants. <br /> <br />We hope our recommendations will be helpful to you in your deliberations on <br />this important water policy issue. <br /> <br />1\ <br /> <br />Sincerely, <br /> <br />~~ <br /> <br />Don Steen <br />Chairman <br /> <br />DS :JRC: 11 <br /> <br />I <br />l <br /> <br />cc: Members of Natural Resources Commission <br />Members of Public Advisory Board <br />