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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 />" J <br /> <br />l::ti. <br /> <br />31 would require the DWR 10 adjudicate riparian <br />claims but not to issue new appropriations, Sub- <br />alternative 3m would require adjudication of <br />riparian claims and issuance of new appropri- <br />ations. If alternative 31 were implemented, the <br />decision regarding whether adjudicated riparian <br />claims should be integrated into the appropri- <br />ative system could be deferred. However. ripar- <br />iaos and appropriators would know the extent of <br />outstanding riparian claims. Riparian-appropri. <br />ativeconflictswould still be resolved by litigation. <br />but the issues of the existence of riparian rights. <br />the extent of riparian land. elc. would not need to <br />be judicially resolved. because these issues <br />would have been established in the riparian claim <br />adjudication proceedings. The court would need <br />to decide only how each riparian-appropriative <br />conflict ought 10 be resolved. If alternative 3m <br />were implemented the new adjudicated appro- <br />priations would be subject to DWR administra- <br />tive protection and regulation. depending on <br />whether the riparian claim represented a senior <br />or a junior appropriation. <br /> <br />Methods of Implementation. <br /> <br />Implementing Alternative #3 would require <br />enacting legislation (1) requiring all riparian <br />water right claims to be registered with the DWR <br />within a stated period (e.g., three years), (2) <br />requiring DWR adjudication of riparian claims. <br />and (3) establishing that failure to register a claim <br />would constitute a forfeiture of any riparian right. <br />The legislation should also: (1) define what con- <br />stitutes riparian land. (2) specify the purposes of <br />water use for which riparian claims could be <br />registered and adjudicated, (3) specify whether <br />dormant riparian claims could be registered and <br />adjudicated, (4) specify whether uses not in- <br />volving a direct physical diversion of streamflow <br />could be registered and adjudicated, (5) specify <br />how priority dates would be assigned 10 riparian <br />claims, (6) specify how livestock watering claims <br />would be treated, and (7) specify whether claims <br />are to be adjudicated only or whether new appro- <br />priations would be issued for adjudicated <br />riparian claims. <br />Administrative costs could be substantial. <br />depending on the number of claims filed. The <br />primary costs would be the notice requirements <br />(described relative to Alternative #2 under the <br />heading of methods of implementation), the <br />administrative costs of processing and filing the <br />riparian right claims, and the expense of holding <br />adjudication hearings in every river basin where <br />riparian rights were filed. As noted above, adjudi- <br />cating riparian claims statewide could take five <br />years or more, depending on what claims can be <br />adjudicated and how they are adjudicated. The <br /> <br />DWR has estimated that appropriation cancell- <br />ation hearings cost approximately 5200 per ap- <br />propriation.1f 5.000 riparian claims were filed, the <br />administrative costs could reach 51 million. If <br />riparian adjudication hearings were controvers- <br />ial, the administrative cost per hearing would be <br />higher. In addition, any appropriations issued for <br />adjudicated claims would constitute additional <br />appropriations which the DWR would be required <br />to administer during periods of water shortage. <br />Changes in Water Use Patterns. <br /> <br />Implementing Alternative #"3 (adjudicating <br />riparian claims) could have significant impacts on <br />surface water use patterns. although the likely <br />nature 01 those impacts depends on which set of <br />registration and adjudication sub-alternatives <br />are selected. The major factors are what <br />purposes of riparian use are authorized and how <br />the priority date for adjUdicated riparian claims <br />would be assigned. If priority dates are based on <br />severance (sub-alternative 3i), the potential <br />exists for a substantial change in water use <br />patterns. as many appropriators would become <br />junior to adjudicated riparian claims. This change <br />in water use patterns would be even greater if <br />dormant claims (sub-alternative 3e). uses not <br />enumerated in the preference statutes (sub-al- <br />ternative 3c) or uses not involving a direct <br />diversion of streamflow (sub-alternative 3f) are <br />allowed_ These changes would also reduce the <br />amount of water available for future appropri- <br />ation. At the same time, dormant. extra-prefer- <br />ence and "non-diverting" uses for which riparian <br />claims had been adjudicated would be protected <br />with regard to future appropriations. <br />If priority dates are based on the earlier of the <br />date of initial use or the date of DWR filing (sub- <br />alternative 3hl,thechanges in water use patterns <br />would be less than if the priority date were based <br />on severance. Changes in water use patterns <br />could still be substantial, however.lfextra-prefer- <br />ence uses (sub-alternative 3c) or "non'diverting" <br />uses (sub-alternative 3f) were authorized, <br />current appropriative uses could be displaced to <br />the extent the riparian claimants could establish <br />a relatively early priority date. If the priority date <br />were limited to the date the riparian claim was <br />filed with the DWR, however. the primary water <br />use impact would be that less water would be <br />available for future appropriations. The adjudica- <br />tion of dormant riparian rights would change <br />existing water use patterns only if they repre- <br />sented extra-preference or non-diverting uses. <br />Otherwise they would have the same effect as if a <br />new appropriation had been issued. <br />If riparian claims for extra-preferred or non- <br />diverting uses are not adjudicated (i.e.. jf sub- <br /> <br />4.9 <br />
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