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WSP01433
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Last modified
1/26/2010 12:30:58 PM
Creation date
10/11/2006 10:24:23 PM
Metadata
Fields
Template:
Water Supply Protection
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
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<br />to administer non-domestic appropriations <br />for the benefit of domestic surface water <br />users. <br /> <br />The two sub-alternatives for Alternative :#=4 <br />deal with whether non-domestic appropriations <br />should be administered for the benefit of stock- <br />men even if alternative stockwatering supplies <br />are available. <br /> <br />INFORMATION PRESENTED FOR <br />EACH ALTERNATIVE <br /> <br />More detailed discussion of the alternatives <br />begins below. For each alternative, information is <br />presented under the following headings: <br />Description; Methods of Implementation; <br />Changes in Water Use Patterns; Physical/Hy- <br />drologic/Environmentallmpacts; and Socio- <br />economic Impacts. The information presented <br />under the headings Description and Methods <br />of Implementation describe the alternative, <br />how it could be implemented, and discuss direct <br />implementation costs. How water uses would <br />change if an alternative were implemented is <br />discussed under Changes in Water Use <br />Patterns. Brief discussions of physical, hydro- <br />logic and environmental impacts of implement- <br />ing an alternative are included under Physical/ <br />Hydrologic/Environmental Impacts. The <br />economic efficiency and equity effects of im- <br />plementing each policy alternative are discussed <br />under Socio-economic Impacts. <br /> <br />Alternative #1: Take no legislative <br />action. <br /> <br />Descri ption. <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 recre- <br />ation, etc.) or riparian uses for purposes not <br />included in the surface water preferences pro- <br />visions (municipal, fish, wildlife, recreation). <br />One implication of implementing this altern- <br />ative is that conflicts involving irrigators and <br />ranchers watering their livestock would not be <br />resolved on the inflexible basis of priority or <br />preference. Instead, these disputes would be <br />resolved under the guidelines established in <br />Wasserburger v. Coffee 1, which would involve a <br />more complete consideration of the facts of each <br /> <br />4-2 <br /> <br />.,'~..:;,~. <br /> <br />.: <br /> <br /> <br />.. <br /> <br />;,r:~~._~.~ <br /> <br />case, including the availability of alternative <br />sources of livestock water. While this makes <br />conflict resolution more expensive to the parties <br />involved, it does allow a considerable amount of <br />flexibility in making water allocation decisions <br />with a minimum cost of administration. <br />A second implication of maintaining the status <br />quo is that integrating riparian and appropriative <br />rights can be deferred until water uses that have <br />been popularly perceived as being outside the <br />appropriative system have otherwise been <br />brought into the appropriative system. Two kinds <br />of surface water use have been popularly per- <br />ceived as being outside the appropriative <br />system: (1) uses not involving a physical diver- <br />sion of water (such as groundwater recharge2, <br />stockwatering fish and wildlife maintenance, <br />recreation, water quality maintenance, etc.) and <br />(2) uses not enumerated in the surface water <br />preferences provisions (such as municipal <br />[although one could argue that some municipal <br />uses were domestic or a combination of do- <br />mestic and industrial uses], commercial [al- <br />though one could argue that some commercial <br />uses were domestic], fish and wildlife mainten- <br />ance, recreation, water quality maintenance, <br />etc.). If the status quo is maintained, these water <br />users have the option of attempting to have their <br />water uses recognized by asserting riparian <br />claims. <br /> <br />Methods of Implementation. <br /> <br />Alternative :#= 1 could be implemented byenact- <br />ing no legislation dealing with riparian rights. The <br />
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