WSP01433

• 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

Alternative #4: Define domestic use of
surface water to include the watering of
domestic, farm and ranch animals in normal
farm and ranch operations up to the normal
dryland grazing capacity of the land; and
require the Nebraska Department of Water
Resources to administer non-domestic ap-
propriations for the benefit of domestic
surface water users.

Sub-alternative 4a: Require the Department of
Water Resources to administer non-do-
mestic appropriations for the benefit of
domestic surface water users only if there is
no other reliable source of domestic water
available.

Sub-alternative 4b: Require the Department of
Water Resources to administer non-do-
mestic appropriations for the benefit of
domestic surface water users even if there
is another reliable source of domestic water
available.

Defining domestic use to include the watering
of farm and ranch animals up to the normal
dryland grazing capacity of the land would clarify
that such livestock watering was a domestic
rather than an agricultural use, and would con-
form to the reasonable expectation of riparian
landowners that their ownership includes the
right to water livestock in the stream. (Livestock
watering would not include watering of livestock
in a feedlot.)
The major distinction between sub-alterna-
tives 4a and 4b is the extent to which adminis-
trative protection for stockmen would be allowed.
Implementing sub-alternative 4a would limit
administrative protection to situations where no
suitable alternative source of livestock water is
available. If groundwater supplies were ade-
quate for livestock water supply purposes, or if a
rural water system provided a dependable live-
stock water supply, the DWR would not admin-
ister non-domestic appropriations for the benefit
of stockmen. If groundwater supplies or rural
water supplies were inadequate for livestock
watering, however, sub-alternative 4a would
require the DWR to administer non-domestic
appropriations for the benefit of stockmen. Sub-
alternative 4b would require the DWR to admin-
ister non-domestic appropriations for the benefit
of stockmen, even if dependable alternative live-
stock water supplies were available.

RELATIONSHIP TO OTHER STUDIES

Water policy issues are complex and often
extremely interrelated. Riparian rights are no

VIII

exception. Particularly significant relationships
exist between this report and the other policy
issue study reports entitled "Instream Flows",
"Preferences in the Use of Water", and "Water
Rights Adjudications". Policy makers will be well
advised to consider the subjects addressed by
those three studies when considering decisions
related to the integration of riparian rights into
the appropriation system. Less significant rela-
tionships can also be found with many of the
other studies being conducted, including those
entitled "Water Quality", "Groundwater Reservoir
Management", "Water Use Efficiency", "Inter-
state Water Uses and Conflicts", "Transferability
of Water Rights", "Beneficial Use", "Municipal
Water Needs", and "Supplemental Water
Supplies". At least a general understanding ofthe
issues addressed by these other studies will be
helpful during an analysis of riparian rights.