Laserfiche WebLink
<br />is that they are a possible basis for asserting <br />rights for water uses popularly perceived as <br />being outside the appropriative system: livestock <br />watering and extra-preference water uses. <br /> <br />ALTERNATIVE LEGISLATIVE POLICY <br />ACTIONS <br /> <br />Four alternatives, three of which have sub- <br />alternatives, are discussed in the report. They are <br />summarized below: <br /> <br />Alternative #1: Take no legislative action. <br /> <br />Implementing this alternative would preserve <br />the status quo. Existing appropriators would be <br />subject to the pOSSibility that courts would issue <br />injunctions to protect riparian domestic and live- <br />stock watering uses. Appropriators would also <br />be subject to the somewhat smaller pOSSibility <br />that courts would issue injunctions to protect <br />other riparian uses; e.g., riparian uses not in- <br />volving a direct physical diversion of water <br />(groundwater recharge, fish, wildlife, and re- <br />creation, etc.) or for extra-preference riparian <br />uses (municipal, fish, wildlife, recreation). <br /> <br />Alternative #2: Legislatively require registra- <br />tion of riparian water right claims with the <br />Nebraska Department of Water Resources <br />J <br />establishing that any other riparian water <br />uses are not legally sanctioned, and making <br />failure to register a forfeiture of any water <br />right claim. <br /> <br />Sub-alternative 2a: Authorize registration of <br />riparian claims related to land which is <br />legally riparian (Le., the land borders a <br />natural stream, was severed from the publiC <br />domain before April4, 1895, and has not lost <br />riparian status due to subdivision). <br /> <br />Sub-alternative 2b: Authorize registration of <br />riparian claims related to land which is <br />physically riparian. <br /> <br />Sub-alternative 2c: Authorize registration of <br />riparian claims for any beneficial purpose. <br /> <br />Sub-alternative 2d: Authorize registration of <br />riparian claims for domestic, agricultural <br />and manufacturing purposes only. <br /> <br />Sub-alternative 2e:Authorize registration of <br />riparian claims whether or not water has <br />actually been used in the past. <br /> <br />VI <br /> <br />Sub-alternative 2f: Authorize registration of <br />riparian claims only where water use has <br />been made within the last 5 years or where <br />works are under construction. <br /> <br />Sub-alternative 2g: Authorize registration of <br />riparian claims only where water has been <br />diverted and used within the last 5 years or <br />where works are under construction. <br /> <br />Sub-alternative 2h: Legislatively exempt in- <br />dividual domestic and stockwatering uses <br />up to the normal dryland grazing capacity of <br />the land from riparian right registration <br />requirements. <br /> <br />Sub-alternative 2i: Legislatively give riparians <br />using water for individual domestic and <br />stockwatering purposes up to the normal <br />dryland grazing capacity of the land the <br />option to register their riparian claims. <br /> <br />Implementing Alternative #2 would require <br />riparian claims to be registered with (but not <br />adjudicated by) the Nebraska Department of <br />Water Resources (DWR). Two advantages of the <br />registration approach are: (1) unregistered <br />riparian claims would be forfeited and (2) regis- <br />tered riparian claims could be evaluated to <br />determine if they should be adjudicated, and <br />whether and how they should be integrated into <br />the appropriative system. The forfeiture of un- <br />registered claims would remove the legal possi- <br />bility of dormant riparian claims being legally <br />asserted to frustrate appropriations. A disad- <br />vantage of riparian right registration is that filing <br />riparian claims may lead claimants to believe <br />they have a secure water right and are therefore <br />entitled to use streamflow. <br />The nine sub-alternatives for Alternative #2 <br />deal with: (1) whether riparian claims would be <br />allowed for land that is phYSically riparian but not <br />legally riparian, (2) whether extra-preference <br />water uses (groundwater recharge, fish, wildlife <br />and recreation, etc.) would qualify for riparian <br />right registration, (3) whether riparian water uses <br />not involving a physical diversion of water (such <br />as fish, wildlife and recreation) could be eligible <br />for riparian right registration, (4) whether <br />dormant riparian claims could be eligible for <br />riparian right registration, and (5) whether stock- <br />watering claims should be exempted from ripar- <br />ian claim registration requirements. <br /> <br />Alternative #3: Legislatively require registra- <br />tion and adjudication of riparian water right <br />claims with the Nebraska Department of <br />Water Resources, establishing that any other <br />riparian water uses are not legally sanction- <br />