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<br />tion and adjudication process. If this occurred, <br />these appropriations would be subject to appro- <br />priation cancellation provisions (Le., the "riparian <br />appropriations" would be subject to loss due to <br />more than three consecutive years nonuse, <br />whereas at common law a riparian right is not lost <br />due to nonuse). <br />Physical diversion requirement. The signifi- <br />cance of sub-alternatives 3f (a physical diversion <br />of water is not required to constitute an active <br />riparian water use) and 3g (a physical diversion of <br />water is required to constitute an active riparian <br />water use) have been described relative to <br />Alternative #2 under the heading physical <br />diversion requirement. Implementing sub-al- <br />ternative 3f further suggests, however, that <br />appropriations could be acquired for water uses <br />not involving a direct diversion of water through <br />the riparian right adjudication process. <br />Legislative clarification of what constitutes a <br />diversion would no doubt be helpful to the DWR <br />in adjudicating riparian claims. The conventional <br />definition of what constitutes a diversion of water <br />could be expanded to include, for example in- <br />duced recharge of a well located near a stream, <br />or livestock and wildlife watering in the stream. <br />Priority date. Sub-alternatives 3h and 3i deal <br />with how the priority date for adjudicated riparian <br />claims would be assigned. This may be the single <br />most important issue regarding adjudication of <br />riparian claims. Sub-alternative 3h would estab- <br />lish the priority date for the adjudicated riparian <br />claim as the earlier of the date water was initially <br />used (if the claim were for an active riparian right), <br />or the date the riparian claim was filed with the <br />DWR (if the claim were for a dormant riparian <br />right). Sub-alternative 3i would establish the <br />priority date as the date the riparian land was <br />severed from the public domain, whether or not <br />water had ever been actually used. The earlier <br />the priority date is, the more valuable the adjudi- <br />cated riparian claim becomes. The later the <br />priority date is, the less valuable the adjudicated <br />riparian claim becomes. As noted above, the <br />greater the possibility that riparian claimants <br />could obtain early priority dates, the more con- <br />troversial riparian right adjudication would be. <br />One issue associated with implementing sub- <br />alternative 3i (priority date is the date of sever- <br />ance) relates to riparian claims for high-volume <br />uses (principally irrigation). Because many <br />streams in Nebraska are subject to DWR admin- <br />istration of priorities during the irrigation season, <br />anyone attempting to irrigate (or make other <br />high-volume surface water uses) from these <br />streams without an appropriation would very <br />likely have been identified and ordered by the <br />DWR to stop withdrawals during periods of water <br />shortages. The absence of such high-volume <br /> <br />4-8 <br /> <br />riparian water use conflicts strongly suggests <br />that there are few if any active high-volume <br />riparian water users without an appropriation. If a <br />substantial number of high-volume claims were <br />filed, however, (because dormant riparian claims <br />were allowed pursuant to sub-alternative 3e) <br />holders of adjudicated riparian rights could <br />displace existing senior appropriators on the <br />stream if priority dates were assigned on the <br />basis of severance of riparian land from the <br />public domain. For example, junior appropriators <br />could use riparian right adjudication as a means <br />of improving their priority if they could obtain a <br />priority date based on the date of severance (sub- <br />alternative 3i). If, however, the priority date of an <br />adjudicated riparian right were the earlier of the <br />date water was first applied to beneficial use or <br />the date the riparian claim was filed with the DWR <br />(sub-alternative 3h), the effect of adjudicating a <br />riparian claim would be almost the same as <br />obtaining a new appropriation from the DWR (if <br />the riparian claim were a dormant one). <br />The effect of implementing sub-alternative 3i <br />(priority date based on date of severance) would <br />have similar implications if riparian claims were <br />allowed for extra-preferred uses (sub-alternative <br />3c) or for uses not involving a direct diversion of <br />streamflow (sub-alternative 3f). If appropriations <br />were issued for these categories of riparian <br />claims with a priority date based on the date of <br />severance, these appropriations could pre-date <br />most appropriations on most streams. Because <br />livestock watering uses are likely to have been <br />initiated on or near the date of severance, how <br />priority dates are assigned to adjudicated <br />riparian claims for livestock watering is less <br />significant than regarding other riparian claims. <br />Stockwatering. The significance of sub-alter- <br />natives 3j (exempting individual domestic and <br />livestock watering riparian uses from riparian <br />right registration and adjudication requirements) <br />and 3k (giving riparian water users for individual <br />domestic and stockwatering purposes the option <br />to register and adjudicate their riparian rights) <br />have been described relative to Alternative #2 <br />under the heading stockwatering. Implementa- <br />tion of sub-alternative 3k or failure to implement <br />option 3j further suggest, however, that appro- <br />priations could be acquired for individual do- <br />mestic and livestock watering purposes and that <br />the DWR would be required to administer appro- <br />priations accordingly. If many livestock watering <br />appropriations were acquired, and if they were <br />given fairly senior priority dates (as is likely at <br />least for active riparian livestock watering <br />claims), this could greatly increase DWR water <br />administration responsibilities during periods of <br />water shortages. <br />Registration v. integration. Sub-alternative <br />