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o,u ' .J3G CHAPTER 4 ALTERNATIVE LEGISLATIVE POLICY ACTIONS INTRODUCTION The preceding chapters present background information about the riparian doctnne and its legal status in Nebraska and other western states. This chapter deals with how the riparian rights doctrine could be integrated into the ap- propriativewater rightssyslem in Nebraska. Four legislative alternatives (with several sub-altern- atives) are presented for consideration. The probable water use paltern changes. if any, resulting from implementing each alternative are identified. as well as the related physical/hydro- logic/environmental impacts and socia-eco. nomic impacts. The riparian rights alternatives contained in this chapter are not the only ones possible in Nebraska. However, those listed are a represent- ative range of alternatives. Most additional options. if listed, would be variations of those already identified. No alternative was included or excluded because of political considerations. While enactment of some alternatives would exclude the enactment of others, not all are mutually exclusive. Some alternatives are in- tended to be used in combination with others. The alternatives presented may be modified. In addition. modifying riparian rights policies may not be the only way to achieve a particular water pOlicy objective. Some of the alternatives from other water pOlicy studies. particularly the water preferences, instream flows. and beneficial use water poliCy studies, deal with some of the issues raised in this study. IDENTIFICATION OF ALTERNATIVES Alternative "# 1: Take no legislative action. Alternative #2: Legislatively require registra- tion of riparian water right claims with the Nebraska Department of Water Resources. establishing that any other riparian water uses are not legally sanctioned. and making failure to register a forfeiture of any water right claim. The sub-alternatives for Alternative #2 deal with: (') whether riparian claims would be allow- ed lor land that is physically riparian but not legally riparian. (2) whether extra-preferred water uses (groundwater recharge. fish. wildlife and recreation, etc.) would Qualify for riparian right registration, (3) whether riparian water uses not involving a physical diversion of water (such as fish, wildlife and recreation) could be eligible for riparian right registration, (4) whether dormant riparian claims could be eligible for riparian right registration. and (5) whether stockwatering claims should be exempted from riparian claim registration requirements. Alternative #3: Legislatively require registra- tion and adjudication of riparian water right claims with the Nebraska Department of Water Resources. establishing that any other riparian water uses are not legally sanctioned. and making failure to register a forfeiture of any water right claim. In addition to the issues already described above relative to Alternative #2. the sub-altern- atives for Alternative #: 3 also deal With: whether riparian priority dates will be based on severance of riparian land from the public domain or the initial date of water use. whether stockwatering claims should be exempted from riparian claim adjudication requirements. and whether adjudi- cated nparian claims should be integrated into the appropriative system_ Alternative #4: Define domestic use of surface water to include the watering of domestic. farm and ranch animals in normallarm and ranch operations up to the normal dryland grazing capacity of the land: and require the Nebraska Department 01 Water Resources 4.,