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<br />" ,', '):; <br />'-IV' I"., <br /> <br />of authorized water use, the Quantity and method <br />of water use. and the priority date for the riparian <br />claim. Once this was accomplished. the Legis- <br />lature could then consider whether the riparian <br />claims should be integrated into the appropri. <br />ative system. Alternatively, riparian claims could <br />be integrated into the appropriative system as <br />part of the riparian claim adjudication process. <br />When Nebraska's prior appropriation system <br />was first established. administrative adjudication <br />of appropriations lasted five years, from 1895 to <br />1900. Adjudicating riparian rights could lake as <br />long or longer, depending on what purposes of <br />use Qualify for adjudication, and on how priority <br />dates are determined. The more riparian uses <br />that are recognized. and the earlier that riparian <br />priority dates can be assigned. the greater the <br />number of riparian claims that would be filed and <br />the greater likelihood of conflicts with existing <br />and future appropriators. This would lead to more <br />el(isting appropriators participating in riparian <br />rights adjudication proceedings to protect the <br />legal status of their appropriations. which would <br />lengthen those proceedings. In addition. II extra- <br />preference riparian claims are allowed and it <br />priority dates could be assigned which would <br />displace existing appropriators. the value 01 <br />existing and future appropriations would be <br />unclear, pending the outcome of the riparian <br />rights adjudication proceedings. Finally. adjudi- <br />cating riparian claims could lead to adjudicating <br />federal and Indian reserved water rights claims. <br />The implications of adjudicating federal and <br />Indian reserved water right claims are evaluated <br />in the slate water planning report Water Right <br />Adjudications. <br />Defining riparian land. Implementing sub- <br />alternative 3a (defining riparian land to include <br />only the land meeting the Wasserburger 1(1966) <br />tests of being legally riparian land)would result in <br />fewer riparian claimdnts. and would restrict the <br />benefits of riparian right adjudication to those <br />landowners whose land happens to be legally <br />riparian (which arguably is only a historical acci- <br />dent). Implementing sub-alternative 3b (defining <br />riparian land as all land bordering a stream) <br />would lead to more riparian claims being filed, <br />and would also provide a uniform opportunity for <br />landowners bordering a stream to obtain the <br />benefits of riparian right adjudication. Allowing <br />adjudication of riparian rights for land not <br />meeting the Wasserburger I tests arguably may <br />somehow interfere with the rights of existing <br />appropriators. This approach may be permiss- <br />ible, however, if the Legislature establishes that <br />the reason for the adjudication is to bring uses <br />popularly perceived as being outside the appro- <br />priative system (stockwatering. fish and wildlife. <br />etc.) into the appropriation system for the first <br />time. <br /> <br />Purpose of use. The difference between sub- <br />alternatives 3c (claims lor any beneficial use <br />could be adjudicated) and 3d (claims for <br />domestic. agricultural and industrial purposes <br />only could be adjudicated) have been discussed <br />already relative to Alternative #2 under the <br />heading purpose of use. Implementing sub- <br />alternative 3c further implies. however, that ap- <br />propriations could be obtained for purposes <br />other than those enumerated in the surface <br />water preferences provisions through the ripar- <br />ian right adjudication process. Implementing <br />sub-alternative 3d would require all domestic. <br />agricultural and manufacturing riparian claims to <br />be registered and adjudicated by the DWR. <br />Claims for these preferred purposes would be <br />authorized, although clarification regarding what <br />constituted a domestic use would be helpful. For <br />example, induced recharge of a municipal well <br />located near a stream could constitute a do- <br />mestic use (or a combined domestic and in- <br />dustrial use). Watering of domestic and farm <br />livestock up to the normal dryland grazing ca- <br />pacity of the land in a normal farm or ranch <br />operation could also constitute a domestic use. <br /> <br /> <br />, l- <br />el:!; t..: ..., <br />~~l J ''''''.....r <br />r-- - <br />.. ~ . <br /> <br />Actual use requirement. The difference <br />between sub-alternatives 3e (dormant riparian <br />claims could be registered and adjudicated) and <br />31 and 3g (only active riparian claims could be <br />registered and adjudicated) have been discuss- <br />ed relative to Alternative #2 under the heading <br />actual use requirement. Implementing sub- <br />alternative 3e further implies. however, that ap- <br />propriations would be issued for dormant ri- <br />parian claims through the riparian right registra- <br /> <br />4.7 <br />